Opinion
09-404
Opinion Delivered June 17, 2010
Motion to Lift Stay and to Grant Request to Reciprocally Disbar, Motion Granted; Disbarment Ordered.
On April 20, 2009, the Arkansas Supreme Court Committee on Professional Conduct (the Committee) filed a petition to reciprocally disbar F. Scott Straub (AR BAR ID #98019). The petition stated that on March 9, 2009, the Office of Professional Conduct received notification that Straub had been permanently disbarred from practicing law in the State of Louisiana and that, pursuant to Section 14(A) of the Procedures of the Arkansas Supreme Court Regulating Professional Conduct of Attorneys at Law (2009) (the Procedures), his disbarment should operate as a disbarment in the state of Arkansas as well. The petition also claimed that Straub was given full notice of all Louisiana proceedings and had ample opportunity to defend himself. On April 29, 2009, an amended petition to reciprocally disbar was filed, which stated that Straub had also been given notice of the Committee's action directing the filing of the petition for reciprocal disbarment.
Also on April 29, 2009, Straub filed a response to the petition to reciprocally disbar, asserting that he was not given proper notice of the formal charges filed against him in Louisiana; a motion for an evidentiary hearing on the petition to reciprocally disbar; a motion for stay pending appeal of his Louisiana disbarment; and a petition for writ of mandamus. The Louisiana Office of Disciplinary Counsel had filed two sets of formal charges against Straub, but he argued that he received notice only of the first set of formal charges, and was unable to defend himself against those allegations due to life-threatening health problems and extreme financial hardship from medical expenses. Straub contended that the time for appeal of his Louisiana disbarment had not run, that he was making all possible efforts to pursue that appeal, and urged this court to grant a stay of the proceedings pending the result of that appeal. On May 14, 2009, this court granted Straub a stay in the reciprocal disciplinary proceedings and remanded the matter to the Committee, pending the result of the Louisiana appeal. See In re Straub, 2009 Ark. 283, ___ S.W.3d ___.
The Committee has now filed, on May 18, 2010, a motion to lift the stay and to grant its request to reciprocally disbar Straub. The motion included an affidavit from Charles B. Pattsmier, the Chief Disciplinary Counsel for the Louisiana Attorney Disciplinary Board, stating that, as of November 30, 2009, Straub had not filed any pleading of any kind with the Louisiana Supreme Court Clerk challenging in any way the prior permanent disbarment order issued by the Louisiana Supreme Court. The motion also claims that our Office of Professional Conduct has confirmed via telephone that Straub has also not filed anything in the Louisiana Supreme Court since the affidavit of Mr. Pattsmier. Straub failed to file a response to the Committee's motion.
Based on the information before us, it appears that Straub's disbarment in Louisiana is final and no appeal from that order is being actively pursued. We, therefore, grant the Committee's motion to lift the stay. Furthermore, Section 14(A) of the Procedures reads:
The disbarment or suspension of any person from the practice of law in any other state shall operate as a disbarment or suspension of such person from the practice of law in this State under any license issued to such person by the Arkansas Supreme Court prior to his or her disbarment in such other state.
We recognize that the procedures for reciprocal disbarment have since been amended; however, the 2009 rule applies in the instant case as Straub was disbarred in Louisiana in 2009 and the Committee filed its original petition with this court to reciprocally disbar Straub in 2009.
Therefore, upon the recommendation of the Committee, and pursuant to the Procedures of the Arkansas Supreme Court Regulating Professional Conduct of Attorneys at Law (2009), we hereby revoke the law license of F. Scott Straub, Arkansas Bar ID #98019, to practice law in the State of Arkansas. Mr. Straub's name shall be removed from the registry of licensed attorneys, and he is barred and enjoined from engaging in the practice of law in this state.
Motion granted; disbarment ordered.
CORBIN, J., not participating.