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In re Reinstatement of Fraley5/25/2005
dered in evaluating an application for reinstatement. The burden of proof, by clear and convincing evidence, in all such reinstatement proceedings shall be on the applicant. An applicant seeking such reinstatement will be required to present stronger proof of qualifications than one seeking admission for the first time. The proof presented must be sufficient to overcome the Supreme Court's former judgment adverse to the applicant. Feelings of sympathy toward the applicant must be disregarded. If applicable, restitution, or the lack thereof, by the applicant to an injured party will be taken into consideration by the Trial Panel . . . .
Rule 11.5 provides that in its report to this Court, along with the transcript of the hearing, the trial panel must make specific findings regarding the evidence concerning whether or not the applicant: (1) possesses the good moral character entitling him to be admitted to the Oklahoma Bar Association; (2) has not engaged in any unauthorized practice of law during the period of suspension, disbarrment or resignation; and (3) possesses the competency and learning in the law required for admission to practice law in Oklahoma.
We license lawyers for practice of their profession which by its nature places them in a position where a dishonorable person could do tremendous harm. For that reason the burden placed on one seeking reinstatement after he has shown disregard for the integrity and standards of the profession requires that his showing as to each factor must be by clear and convincing evidence, because the maintenance of strict integrity in lawyers is one of our constitutional responsibilities. State ex rel. Oklahoma Bar Association v. Raskin, 642 P.2d at 266. The primary purpose of disciplinary proceedings is not punishment of the practitioner but purification of the bar. State ex rel. Oklahoma Bar Association v. Samara, 683 P.2d at 983. Our inquiry in a reinstatement proceeding is undertaken with utmost seriousness and concern, because we present every licensed lawyer to the public as a person who is worthy of their confidence in the performance of all professional activities.
In In the Matter of the Reinstatement of Kamins, 752 P.2d at 1129-1130, we spoke at length of the utmost seriousness with which we view our duty of deciding applications for reinstatement to the bar, and that in doing so our primary duty is to safeguard the public, the courts and the legal system. We set forth there the following statement from the Supreme Court of Kansas in State v. Russo, 630 P.2d 711 (1981), which accurately reflected our thoughts on the grave nature of our consideration then, as it does now:
It is the duty of the Supreme Court to preserve the high ethical and moral standards required before a person is entitled to enjoy the privilege to practice law. When one first petitions for admission to the bar, he must meet the qualifications required of a member of the profession. When a former attorney seeks reinstatement, he must meet an even greater burden than when he was originally admitted and must overcome the prior adverse conclusions of the court as to his fitness to practice law. (Citations omitted.) Although it may be said that Mr. Russo "voluntarily" surrendered his certificate to practice law, the same was only done when it became apparent that disbarrment was inevitable and such surrender constitutes a voluntary disbarrment. The decision whether reinstatement of an attorney is justified and will be granted rests exclusively within the discretion of the court, (Citations omitted.) and the public interest in maintaining the integrity of the administration of justice is paramount in making such a determination. Id. at 714.
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