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State v. Henderson4/13/1999
NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION IN THE PERMANENT LAW REPORTS. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL.
OBA v. HENDERSON
___P.2d___
SUPREME COURT OF THE STATE OF OKLAHOMA
ORIGINAL PROCEEDING FOR ATTORNEY DISCIPLINE
Complainant, Oklahoma Bar Association, brought reciprocal disciplinary proceeding pursuant to Rule 7.7 of the Oklahoma Rules of Disciplinary Proceedings, following Respondent's suspension from the practice of law in Colorado for three years. Respondent was directed by this Court to show cause why like discipline should not be imposed in Oklahoma and, having presented nothing to support a claim that the findings of the Colorado Supreme Court, to which Respondent stipulated, do not furnish sufficient grounds for discipline in Oklahoma, nor evidence tending to mitigate the severity of discipline, reciprocal discipline is imposed.
RESPONDENT SUSPENDED FOR THREE YEARS FROM THE EFFECTIVE DATE OF THIS OPINION.
Joel A. Henderson, OBA # 10328 was admitted to the practice of law in Oklahoma on October 6, 1983. His official roster address is listed as 1336 S.W. 24th St., Oklahoma City, OK 73108. Respondent now lives in Oklahoma City and is licensed to practice in Texas and Colorado. Respondent recently was suspended from the practice of law in Colorado for a period of three years, and is before this Court on a summary disciplinary proceeding by the Oklahoma Bar Association (OBA) pursuant to the reciprocal disciplinary provisions of Rule 7.7 of the Rules Governing Disciplinary Proceedings, Tit. 5, O.S. ch. 1, app. 1-A (1991) which provides:
"(a) It is the duty of a lawyer licensed in Oklahoma to notify the General Counsel whenever discipline for lawyer misconduct has been imposed upon him/her in another jurisdiction, within twenty (20) days of the final order of discipline, and failure to report shall itself be grounds for discipline."
"b) When a lawyer has been adJudged guilty of misconduct in a disciplinary proceeding, except contempt proceedings, by the highest court of another State or by a Federal Court, the General Counsel of the Oklahoma Bar Association may cause to be transmitted to the Chief Justice a certified copy of such adjudication and the Chief Justice shall direct the lawyer to appear before the Supreme Court at a time certain, not less than ten (10) days after mailing of notice, and show cause, if any he/she has, why he/she should not be disciplined. The documents shall constitute the charge and shall be prima facie evidence the lawyer committed the acts therein described. The lawyer may submit a certified copy of transcript of the evidence taken in the trial tribunal of the other jurisdiction to support his/her claim that the finding therein was not supported by the evidence or that it does not furnish sufficient grounds for discipline which may be imposed upon him/her, a brief and/or any evidence tending to mitigate the severity of discipline. The General Counsel may respond by submission of a brief and/or any evidence supporting a recommendation of discipline."
Respondent did not notify the Oklahoma Bar Association of his suspension as required by Rule 7.7 The grievance committee of the State of Colorado notified Complainant on January 15, 1999 that Respondent had been suspended by the Colorado Supreme Court on November 2, 1998 in Cause No. 98SA345. The Bar then instigated reciprocal proceedings in Oklahoma by filing certified copies of the Colorado Supreme Court's order of suspension with this Court. We directed the Respondent, by Order filed February 2, 1999, to show cause why an order of discipline should not b
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