Opinion
Case Number: SCBD-5823
09-10-2012
IN THE MATTER OF THE REINSTATEMENT OF HERKERT
FOR PUBLICATION IN OBJ ONLY. NOT RELEASED FOR OFFICIAL PUBLICATION.
ORDER
¶1 The petitioner, Bryce Matthew Herkert, was stricken from the roll of attorneys on or about February 10, 2005, after voluntarily resigning from the Oklahoma Bar Association. On December 16, 2011, Herkert petitioned this Court for reinstatement as a member of the OBA. A hearing was held before the Professional Responsibility Tribunal, and the panel recommended that the attorney be reinstated. Upon consideration of the matter, we find:
1) The attorney has met all the procedural requirements necessary for reinstatement in the Oklahoma Bar Association as set out in Rules 11, Rules Governing Disciplinary Proceedings, 5 O.S. 2011, ch.1, app. 1-A.
2) The attorney has established by clear and convincing evidence that he has not engaged in the unauthorized practice of law in the State of Oklahoma.
3) )The attorney has established by clear and convincing evidence that he possesses the competency and learning in the law required for reinstatement to the Oklahoma Bar Association.
4) The attorney has established by clear and convincing evidence that he possesses the good moral character which would entitle him to be reinstated to the Oklahoma Bar Association.
The PRT did not make a specific finding pertaining to Herkert's competency as required by RGDP Rule 11.5(c). Such a determination was of particular importance under the facts presented due to the length of time which had lapsed since Herkert's resignation on February 10, 2005. Rule 11.5(c) requires a party seeking reinstatement after the passage of five years, to retake the bar examination, unless clear and convincing evidence establishes that she/he has maintained legal competency by continued study of the law. Despite the absence of such a determination, the testimony, exhibits, and pleadings demonstrate to this Court, that Herkert has continued to work in the legal field as a law enforcement officer and he has taken multiple legal education courses over the past six to seven years.
¶2 IT IS THEREFORE ORDERED that the petition of Bryce Matthew Herkert for reinstatement to the Oklahoma Bar Association should be granted. Herkert shall pay costs associated with these proceedings in the amount of $519.93 within ninety (90) days of this order.
¶3 IT IS FURTHER ORDERED that Herkert shall pay his 2012 Bar Association dues within 30 days of the date of this order. Reinstatement is conditioned upon the attorney's payment of these dues.
¶4 IT IS FURTHER ORDERED that Herkert shall complete an additional twelve (12) hours of approved MCLE for the year 2012, and timely submit the annual report required by Rule 5, Rules for Mandatory Continuing Legal Education, 5 O.S. 2011, ch.1, app. 1-B. In year 2013 and subsequent years, Herkert may claim any exemption from the educational requirements of RMCLE Rule 2, if applicable; however, Herkert shall comply with the annual reporting requirements as set forth in RMCLE Rule 5.
¶5 DONE BY ORDER OF THE SUPREME COURT THE 10th DAY OF September, 2012.
CHIEF JUSTICE
¶6 ALL JUSTICES CONCUR