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In re Reinstatement of Turner9/14/1999
IN THE MATTER OF THE REINSTATEMENT OF: TURNER
ORIGINAL PROCEEDING FOR ATTORNEY REINSTATEMENT
Attorney seeks reinstatement to Oklahoma Bar Association following suspension for failure to pay dues. Professional Responsibility Tribunal found Petitioner had not established prerequisites to allow reinstatement. Upon independent review this Court finds Petitioner has not established by clear and convincing evidence that he possesses the requisite legal skills to entitle him to readmission and that he has not engaged in practice of law during his suspension.
REINSTATEMENT DENIED; COSTS ASSESSED.
I. HISTORY
Petitioner, David Michael Turner, was admitted to the Oklahoma Bar Association (OBA) in 1978. In 1983, he was suspended for failure to pay membership dues. He was reinstated from this suspension in 1986. Then in 1988, Petitioner was suspended for failure to comply with Mandatory Continuing Legal Education (MCLE) requirements. He was reinstated shortly thereafter upon compliance with the MCLE requirements.
Petitioner was suspended from the practice of law in July of 1993 for failure to pay his OBA dues and failure to comply with MCLE requirements. On July 19, 1994, this Court entered an order striking the Petitioner's name from the roll of attorneys. On January 8, 1998, representing himself, Petitioner filed a petition for reinstatement for the 1993 suspension. The petition, signed by Petitioner, did not have a certificate of mailing attached and apparently was never served on the OBA or the Professional Responsibility Tribunal (PRT).
On March 20, 1998, the General Counsel for the OBA received a request from Rob Pyron for a status report. The General Counsel responded that it had not received an application. The General Counsel received a fax transmittal of the application on March 26, 1998, and a hard copy on March 30, 1988. The PRT received notice of the application on April 2, 1998, and issued an order to show cause for the delay. The order did not state a date for compliance. On April 20, 1998, the OBA responded. Petitioner did not file a response.
On May 4, 1998, the PRT issued an order recommending that the application for reinstatement be denied. On August 19, 1998, Petitioner filed another petition for reinstatement, once again without a certificate of mailing. It appears this petition was never sent to the PRT. The OBA filed an objection to this petition for failure to include the certificate of mailing. On August 31, 1998, Petitioner filed yet another petition for reinstatement, this time including a certificate of mailing. On September 4, 1998, the Presiding Master of the PRT issued an order denying the August 19, 1998 petition and recommending that it be stricken. This Court remanded the matter to the PRT with instructions to schedule a hearing on the matter.
II. FACTS
On remand Petitioner and OBA stipulated to the facts. A hearing also was held on the matter. In August of 1993, felony charges were filed against a defendant. Petitioner appeared at four hearings and signed pleadings on behalf of the defendant. In August and September of 1994, Petitioner represented a second defendant on a misdemeanor charge. Petitioner appeared at the hearings and signed pleadings in the matter on behalf of the second defendant also.
In 1995, Petitioner's name appeared on certificates of mailing as the attorney for the plaintiff in a divorce proceeding. Petitioner represented the plaintiff at a hearing held on January 16, 1995. Petitioner reviewed the proposed Decree of Divorce and recommended to the plaintiff that she approve it.
Petitioner was
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