In re Reinstatement of McKee

Summary

The Oregon Supreme Court approved Robert L. McKee’s conditional reinstatement to the practice of law after an 18-month suspension. The court concluded that McKee demonstrated the requisite moral character, general fitness, learning, and ability to practice law, while requiring completion of specified minimum continuing legal education courses. Justice Leeson dissented, joined by Chief Justice Carson, concluding that McKee had not overcome the characteristics underlying his prior misconduct.

Holdings

1. McKee demonstrated good moral character and general fitness to practice law, and his resumption of practice would not be detrimental to the administration of justice or the public interest.
2. McKee demonstrated the requisite learning and ability to practice law under BR 8.1(c), but his lengthy absence justified requiring updated legal education as a condition of reinstatement.
3. Conditional reinstatement was approved, requiring McKee to complete specified MCLE courses before actively practicing and during the first year following reinstatement.
4. A prior letter of admonition may be relevant evidence in determining whether an applicant meets the moral-character qualification for reinstatement.

Questions Presented

1. Whether McKee demonstrated good moral character and general fitness to practice law, and whether his resumption of practice would be detrimental to the administration of justice or the public interest under BR 8.1(b).
2. Whether McKee demonstrated the requisite learning and ability to practice law after being suspended or in suspended status for more than three years under BR 8.1(c).
3. Whether reinstatement should be conditioned on completion of specified minimum continuing legal education requirements.

Disposition

approved