State ex rel. Oklahoma Bar Association v. Panick

Panick, 2021 OK 67 (Okla. 2021) · Supreme Court of Oklahoma · December 13, 2021 · No. SCBD-7155

Summary

The Supreme Court of Oklahoma imposed reciprocal discipline on Heather Cathrine Panick after she was suspended by Texas for two years for misappropriating funds. The court ordered that she be suspended from practicing law in Oklahoma for two years beginning on December 13, 2021, and continued the sealing of certain documents.

Court
Supreme Court of Oklahoma
Writing for the Court
Per Curiam; Darby, C.J.; Kane, V.C.J.; Kauger, J.; Winchester, J.; Edmondson, J.; Gurich, J.; Kuehn, J.; Combs, J.; Rowe, J.
Jurisdiction
Oklahoma
Decision date
December 13, 2021
Docket number
SCBD-7155
Procedural posture
Original attorney-discipline proceeding concerning reciprocal discipline based on the respondent's two-year suspension by Texas.
Precedential value
Unpublished opinion subject to revision or withdrawal before release for publication
Parties
State of Oklahoma ex rel. Oklahoma Bar Association
Disposition
other

Topics

remediesappellate procedure

Practice areas

attorney disciplineprofessional responsibilityreciprocal discipline

Questions Presented

  1. Whether Oklahoma should impose reciprocal discipline under Rule 7.7 of the Rules Governing Disciplinary Proceedings based on Panick's two-year suspension in Texas.
  2. Whether the misconduct underlying the Texas discipline would also constitute grounds for discipline in Oklahoma and whether the mitigating circumstances justified a lesser sanction.

Holdings

  1. Because Panick was suspended by Texas for two years, had a full and fair opportunity to contest the charges, did not dispute the Texas discipline or request an Oklahoma hearing, and the underlying misconduct would also warrant discipline in Oklahoma, Oklahoma must impose the same two-year discipline under Rule 7.7.
  2. Panick was suspended from the practice of law in Oklahoma for two years, beginning on the date the order was filed.

Key quotations

Under Rule 7.7, of the Rules Governing Disciplinary Proceedings, 5 O.S. 2011, ch.1, app. 1-A, we impose that same discipline which Texas imposed. (¶ 1)
IT IS THEREFORE ORDERED that the respondent be suspended from the practice of law in Oklahoma for two years. (¶ 2)

Factual background

Panick was licensed to practice law in Oklahoma, Texas, and Nebraska and resided in Nebraska. Texas suspended her for two years after finding that she misappropriated funds from an organization for which she volunteered. She had a full and fair opportunity to contest the Texas charges, did not dispute the Texas discipline or request an Oklahoma hearing, and presented mitigating circumstances that the Oklahoma Supreme Court found insufficient to warrant lesser discipline.

Procedural history

Heather Cathrine Panick, who was licensed in Oklahoma, Texas, and Nebraska, was suspended by Texas for two years for misappropriating funds from an organization for which she volunteered. The Oklahoma Supreme Court proceeded under Rule 7.7 of the Rules Governing Disciplinary Proceedings; Panick did not dispute the Texas discipline or request an Oklahoma hearing. The court imposed the same two-year suspension in Oklahoma.

Court Document

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