Opinion
Case Number: SCBD-5846
10-15-2012
IN THE MATTER OF THE REINSTATEMENT OF HA THI THU DO
FOR PUBLICATION IN OBJ ONLY. NOT RELEASED FOR OFFICIAL PUBLICATION.
ORDER
¶1 The petitioner, Ha Thi thu Do, was stricken from the roll of attorneys on or about September 13, 2001, following her suspension for non-payment of dues. On March 15, 2012, Do 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 she 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 she possesses the competency and learning in the law required for reinstatement to the Oklahoma Bar Association. Attorney has further demonstrated by clear and convincing evidence that despite her lengthy absence from the OBA, she has maintained sufficient competency to exempt her from retaking the bar examination.
4) The attorney has established by clear and convincing evidence that she possesses the good moral character which would entitle her to be reinstated to the Oklahoma Bar Association.
The PRT did not make a specific finding pertaining to whether Do was exempt from retaking the bar examination as required by RGDP Rule 11.5(c). 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 Do has continued to practice law in the State of Maryland, and she has completed multiple CLE and training courses over the past eleven years.
¶2 IT IS THEREFORE ORDERED that the petition of Ha Thi Thu Do for reinstatement to the Oklahoma Bar Association should be granted. Do shall pay costs associated with these proceedings in the amount of $846.11 within ninety (90) days of this order.
¶3 IT IS FURTHER ORDERED that Do shall pay her 2012 Bar Association dues within sixty (60) days from the date of this order. Reinstatement is conditioned upon the attorney's payment of these dues.
¶4 IT IS FURTHER ORDERED that Do shall complete an additional six (6) hours of approved Oklahoma 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. Upon reinstatement, Do shall comply each year with all Oklahoma MCLE requirements, including attendance of the requisite hours (unless exempt) and submitting the required annual report.
¶5 DONE BY ORDER OF THE SUPREME COURT THE 15th DAY OF October, 2012.
CHIEF JUSTICE
¶6 ALL JUSTICES CONCUR