Opinion
No. SCBD 4319
Decided: June 9, 1998
BAR REINSTATEMENT PROCEEDING
¶ 0 Reinstatement application filed by attorney whose license has lapsed. Professional Responsibility Tribunal recommended reinstatement be granted. Upon review de novo we agree.
Allen J. Welch, Assistant General Counsel, OKLAHOMA BAR ASSOCIATION, Oklahoma City, Oklahoma.
Rinda Kay Haskell, Moore, Oklahoma.
REINSTATEMENT GRANTED UPON PAYMENT OF COSTS, 1998 BAR DUES, AND MCLE LATE FEES
¶ 1 Petitioner Rinda Kay Haskell has applied for reinstatement to the Oklahoma Bar Association. The Trial Panel recommends reinstatement. Upon de novo review of the record we agree that reinstatement should be granted.
¶ 2 Haskell was admitted to the Oklahoma Bar Association on April 26, 1991. In 1993 her name was stricken from the Roll of Attorneys for failure to pay dues and non-compliance with Mandatory Continuing Legal Education. She applied for reinstatement on January 6, 1998 pursuant to Rule 11, Rules Governing Disciplinary Proceedings, 5 O.S. 1991, Ch. 1, App. 1-A.
¶ 3 Petitioner testified that from her time of admission to the Bar until September 1993 she did not practice law, but worked as an accountant for various CPA firms in Kansas and California. Since returning to Oklahoma in March 1993 she has not practiced law. She had been employed by two temporary employment agencies, working as an accountant, financial analyst, legal assistant and legal secretary. The record also shows that no disciplinary proceedings for misconduct have ever been filed against her.
¶ 4 This Court exercises exclusive original jurisdiction over all disciplinary proceedings, and makes an independent review of the record in reinstatement proceedings. Matter of Reinstatement of Phillips, 919 P.2d 419 (Okla. 1996); Matter of Reinstatement of McKenzie, 925 P.2d 18, 19 (Okla. 1996). Since the present proceeding does not involve a prior imposition of discipline we must look to the "present moral fitness of the petitioner, [her] conduct subsequent to suspension as it relates to [her] moral fitness and professional competence, [her] present competence in legal skills, whether [s]he has engaged in the unauthorized practice of law, and whether [s]he has complied with rule-mandated requirements for reinstatement." Phillips, at 420.
¶ 5 The record shows that Haskell maintained her competence in the law by attending classes on Oklahoma securities law and insurance law. She has made it her practice to read both the Oklahoma and American Bar Association journals. She has worked for attorneys as a legal assistant and as a legal secretary. The attorneys spoke well of her legal skills.
¶ 6 Haskell stated that she has not practiced law in Oklahoma since her suspension. An affidavit of the Court Clerk of Cleveland County supports this fact. The record also shows that no funds from the Client Security Fund have been expended on behalf of the petitioner.
¶ 7 The Bar's investigator testified that he spoke with several of her employers. All commented in a positive manner about the moral character of petitioner. Her employers, both in the legal and accounting fields, thought she was a good employee and would be a good lawyer. One employer expressed some chagrin at her leaving during his busiest season.
¶ 8 The Trial Panel questioned her as to why she had been employed as so many different places, and as to her reasons for allowing her license to practice law to lapse. She stated that for much of the time she was employed as a temporary employee, necessitating that she work for several different firms. She wanted to work in finance and accounting, and allowed her law license to lapse because she did not feel she needed it. She regrets this decision, and has learned the value of keeping her license current. She intends to keep her securities license, her insurance brokers license and her license to practice law all current.
¶ 9 A member who is suspended for the nonpayment of dues and who does not apply for reinstatement within one year is no longer a member of the Oklahoma Bar Association. The member's name is stricken from the Roll of Attorneys. See 5 O.S. 1991, Ch. 1, App. 1, Art. VIII, Section 5. In order to gain reinstatement, the stricken member must make an application according to Rule 11, Rules Governing Disciplinary Proceedings. As a condition of reinstatement the stricken member shall pay the costs of investigating and processing the application as determined by the Professional Responsibility Tribunal. Rule 11(c).
¶ 10 Petitioner's name was also stricken for non-compliance with MCLE requirements. During the years preceding her name being stricken she was not a resident of Oklahoma, and did not practice law. "These two conditions would have exempted [her] from the continuing legal education requirement if [s]he had filed the rule-required affidavit or annual report." Phillips, at 420; see 5 O.S. 1991 Ch. 1, App. 1-B, Rules for Mandatory Continuing Legal Education, Rule 2(e) and (f).
¶ 11 As in Phillips, we observe that a lawyer may file a late MCLE report with a rule-mandated fee of fifty dollars. Rules for Mandatory Continuing Legal Education, Rule 6(b). Phillips, at 421. As a condition to reinstatement, Haskell shall file with the Commission on Mandatory Continuing Legal Education all reports not filed from the time of her admission until the date her name was stricken. Each report shall be accompanied by the rule-mandated fifty dollar late fee.
¶ 12 Accordingly, we find that petitioner Rinda Kay Haskell should be reinstated to membership in the Oklahoma Bar Association. This reinstatement is conditioned upon her payment of costs as reported by the Oklahoma Bar Association in the amount of $236.37, her payment of current dues in the amount of $175.00 for 1998, and her filing and payment of MCLE reports and late fees. Upon her full payment of these costs, dues, and fees the Executive Director shall file in this proceeding a notification that petitioner has met these requirements.
¶ 13 ALL JUSTICES CONCUR