STATE OF OKLAHOMA ex rel OBA v. DURBIN

Citations

• 2025 OK 77

Syllabus

¶0 Respondent was an attorney licensed to practice law as a member of the Oklahoma Bar Association (OBA). The OBA initiated a Rule 6 proceeding and alleged respondent's professional misconduct. Respondent is currently prohibited from practicing law by an emergency interim order of suspension ( 2024 OK 24 ), and an order of suspension for his failure to comply with Mandatory Continuing Legal Education rules ( 2025 OK 39 ), and an order striking his name from the Roll of Attorneys due to his failure to pay dues ( 2025 OK 40 ). The trial panel of the Professional Responsibility Tribunal recommended respondent be disbarred. Respondent filed a resignation from the Bar Association and later filed a notice withdrawing his resignation. The OBA objected to the resignation and also filed a motion to strike respondent's response brief. The OBA initiated a Rule 7, RGDP, summary disciplinary proceeding based upon respondent's judgment and sentence and nolo contendere plea to violating 21 O.S. §136. The Rule 7 proceeding, S.C.B.D. No. 7922, is consolidated into the Rule 6 proceeding, S.C.B.D. No. 7528. We hold: (1) Respondent's resignation does not comply with the Rules Governing Disciplinary Proceedings and is not approved. (2) Respondent's pending motions are denied. (3) Complainant's motion to strike respondent's answer brief is denied. (4) Respondent violated several provisions of the Oklahoma Rules of Professional Conduct as well as provisions of the Rules Governing Disciplinary Proceedings. (5) The proper professional discipline is to disbar respondent effective the date of his previous interim suspension. (6) Costs of the disciplinary proceeding are imposed on respondent. (7) The Disciplinary Rule 7 proceeding does not result in additional discipline because respondent is disbarred in the Rule 6 proceeding. Costs are assessed against respondent. APPROVAL OF RESPONDENT'S RESIGNATION PENDING DISCIPLINARY PROCEEDINGS DENIED; RESPONDENT DISBARRED; RESPONDENT'S NAME REMAINS, AN