State ex rel. Oklahoma Bar Association v. Howard

Summary

The Supreme Court of Oklahoma approved Joseph T. Howard's voluntary resignation from the Oklahoma Bar Association while disciplinary proceedings and investigations were pending. The order struck his name from the roll of attorneys, barred reinstatement applications for five years, imposed Rule 9.1 compliance and Client Security Fund repayment conditions, and assessed $21 in costs.

Holdings

1. The Oklahoma Supreme Court approved Joseph T. Howard's voluntary resignation from the Oklahoma Bar Association because the application and affidavit established that the resignation was freely and voluntarily made, was not the product of coercion or duress, and was submitted with knowledge of its consequences.
2. An approved resignation pending disciplinary proceedings is tantamount to disbarment; the attorney's name must be stricken from the roll, and the attorney may not seek reinstatement for five years from the effective date of the order.
3. Howard was required to comply with Rule 9.1 by notifying clients, withdrawing from pending matters, filing compliance affidavits and client lists, and identifying other tribunals where he was admitted; repayment of Client Security Fund expenditures was required before any future reinstatement.

Questions Presented

1. Whether the Oklahoma Supreme Court should approve Howard's voluntary resignation from the Oklahoma Bar Association while disciplinary proceedings were pending.
2. What consequences and conditions attach to an approved resignation pending disciplinary proceedings.

Disposition

approved