Michael Steven Morgan v. State of Oklahoma ex rel. Oklahoma Bar Association

Summary

The Oklahoma Supreme Court granted Michael Steven Morgan's petition for reinstatement to membership in the Oklahoma Bar Association. The Court found that he satisfied the procedural requirements and established by clear and convincing evidence that he had not practiced law without authorization, possessed the required legal competence, and demonstrated the moral character and fitness necessary for reinstatement; two justices dissented.

Holdings

1. Morgan complied with the procedural requirements necessary for reinstatement, including the applicable waiting period, tribunal proceedings, and payment of costs.
2. Morgan established by clear and convincing evidence that he had not engaged in unauthorized practice of law, possessed the competency and learning required for reinstatement without re-examination, and possessed the good moral character and fitness necessary for reinstatement.
3. Morgan's conviction for accepting a bribe, although serious, did not categorically bar reinstatement because the record demonstrated rehabilitation and contained mitigating circumstances reducing the seriousness of the misconduct for reinstatement purposes.

Questions Presented

1. Whether Morgan satisfied the procedural and substantive requirements for reinstatement to membership in the Oklahoma Bar Association.
2. Whether Morgan established by clear and convincing evidence that he had not engaged in the unauthorized practice of law, possessed the competency and learning required for reinstatement without re-examination, and possessed the good moral character and fitness necessary for reinstatement.
3. Whether Morgan's federal bribery conviction barred reinstatement despite his rehabilitation and evidence mitigating the seriousness of the misconduct.

Disposition

approved