IN THE MATTER OF THE REINSTATEMENT OF CLAYBORNE, 2017 OK 93

Mark Anthony Clayborne was convicted of subornation of perjury (conviction April 3, 2011), received an interim suspension June 20, 2011, and was disbarred October 28, 2013; the disbarment period was deemed to run from the interim suspension date.
He became eligible to seek reinstatement June 20, 2016, and filed a petition December 6, 2016; the OBA objected and the matter was heard by a three-member PRT panel.
The PRT found Clayborne satisfied Rule 11.5 reinstatement prerequisites and unanimously recommended reinstatement; the Supreme Court reviewed the record de novo.
During suspension/disbarment Clayborne did not practice law, appear as counsel, or participate as counsel of record; he complied with procedural requirements and paid required fees.
Clayborne demonstrated rehabilitation: 51 CLE credits (including 8 ethics) earned while disbarred, evidence of remorse and commitment to conform to professional standards, and no unauthorized practice.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Eligibility for reinstatement under Rule 11.5	Clayborne met the Rule 11.5 statutory prerequisites and rehabilitation burden	OBA argued evidence insufficient to show true rehabilitation and changed conduct	Court held Clayborne met Rule 11.5 by clear and convincing evidence and is eligible for reinstatement
Sufficiency of evidence of rehabilitation and moral character	Clayborne pointed to CLE, conduct during suspension, remorse, and testimony to show rehabilitation	OBA contended conduct and explanations were insufficient to overcome conviction and disbarment stigma	Court found evidence — including CLE, behavior during disbarment, and PRT credibility findings — sufficient to show rehabilitation
Weight to give PRT credibility findings	Clayborne urged deference to PRT’s firsthand observations of his testimony	OBA urged stricter scrutiny and challenged PRT credibility conclusions	Court accepted PRT credibility assessments and relied on them in granting reinstatement
Conditions on reinstatement	Clayborne proposed compliance with CLE and payment requirements	OBA sought denial or further conditions	Court granted reinstatement subject to CLE (12 hours including 1 ethics hour for the year), CLE reporting or waiver, and payment of owed fees/penalties

In Re Reinstatement of Swant, 65 P.3d 275 (Okla. 2003) (factors for evaluating petitioners seeking reinstatement)
In Re Reinstatement of Spilman, 104 P.3d 576 (Okla. 2004) (reinstatement granted where rehabilitation shown)
State ex rel. Oklahoma Bar Ass'n v. Clayborne, 311 P.3d 846 (Okla. 2013) (prior disbarment decision based on Clayborne's conviction)