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State ex rel Oklahoma Bar Association v. Gettle4/22/2003
__ P.3d __
ORDER APPROVING RESIGNATION PENDING DISCIPLINARY PROCEEDINGS
Upon consideration of the complainant's, Oklahoma Bar Association (Bar Association), application pursuant to Rule 8.2 of the Rules Governing Disciplinary Proceedings (5 O.S.2001 Ch. 1, App. 1-A), for an order approving the resignation of the respondent, Willard James Gettle, pending disciplinary proceedings, the application and resignation reveal the following.
On April 11, 2003, the respondent filed his with this Court his affidavit of resignation from membership in the Bar Association pending disciplinary proceedings.
The respondent's affidavit of resignation reflects that: a) it was freely and voluntarily rendered; b) he was not subject to coercion or duress; and c) he was fully aware of the consequences of submitting the resignation.
The respondent's affidavit notes that he was suspended from the practice of law by order of this Court on July 1, 2002, in S.C.B.D. No. 4731 (73 O.B.J. 2079, July 13, 2002), for non-payment of Bar Association dues. He was also suspended from the practice of law by order of this Court on July 2, 2002 in S.C.B.D. No. 4732 (73 O.B.J. 2081, July 13, 2002), for failure to comply with mandatory continuing education requirements.
Respondent states in his affidavit the following grievances pending before complainant:
(a) DC 02-275. A grievance was brought by Angela Tullius alleging that respondent engaged in the unauthorized practice of law and that respondent failed to account for and return client funds.
(b) DC 02-295. A grievance was brought by Jeffrey Williams alleging respondent's conduct was incompetent and that he neglected a legal matter.
(c) DC 02-422. A grievance was brought by Tiffany Sicking alleging respondent's conduct involved a conflict of interest in a child guardianship matter and a failure to properly respond to the Office of the General Counsel of the Oklahoma Bar Association.
(d) DC 03-17. A grievance was brought by Carmen Guerra alleging that respondent neglected a legal matter and did not respond to the Office of the General Counsel.
(e) DC 03-84. A grievance was brought by the Office of the General Counsel alleging that respondent was convicted of Driving Under the Influence in a municipal court of record, Oklahoma City, Oklahoma. Further, that respondent was sentenced to ninety (90) days incarceration, the conviction is final, and respondent has failed to serve his term of incarceration. Respondent further states that "there is currently an outstanding warrant for my arrest issued."
The resignation states that respondent is aware that the burden of proof rests upon the Bar Association , and that he waives any and all right to contest the allegations.
The resignation states that the respondent is aware that the allegations concerning his conduct, if proven, would constitute violations of Rules, 1.3, and 5.2, of the Rules Governing Disciplinary Proceedings, 5 O.S.2001, Ch. 1, App. 1-A, and Rules 1.1, 1.3, 1.4, 1.5, 1.7, 1.9, 5.5, 8.1, and 8.4(a) and (b) of the Rules of Professional Conduct, 5 O.S.2001 Ch.1, App. 3-A, and his oath as a lawyer.
The resignation states that respondent is aware that approval of his resignation is in the discretion of this Court
The resignation states that the respondent is aware of the requirements of Rule 9.1, of the Rules Governing Disciplinary Proceedings, and shall comply with that Rule.
The effective date of Gettle's resignation is not changed by the two prior suspensions in July 2002. State ex rel. Oklahoma Bar Assoc
Page 1 2 Oklahoma DUI Attorneys
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