IN THE MATTER OF THE SUSPENSION OF MEMBERS OF THE OKLAHOMA BAR ASSOCIATION
2017 OK 44
| Okla. | 2017Background
- On May 19, 2017 the Oklahoma Bar Association Board of Governors filed an application asking the Oklahoma Supreme Court to suspend members who failed to pay 2017 OBA dues under the Rules Creating and Controlling the Oklahoma Bar Association, art. VIII.
- The Board identified members listed in Exhibit A as delinquent for nonpayment of 2017 dues and/or expense charges.
- The OBA Executive Director mailed certified notices on April 14, 2017 to all delinquent members informing them of the delinquency.
- The Board recommended suspension of those named in Exhibit A from OBA membership and from practicing law in Oklahoma until reinstated.
- The Supreme Court considered the Board's application and ordered suspension of the listed attorneys for failure to pay 2017 membership dues, effective May 30, 2017.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether members were properly notified of delinquency | OBA: certified-mail notice sent April 14, 2017 to delinquent members | Members: (not raised in order) no documented challenge to notice in record | Court accepted Board's showing of notice and proceeded with suspension |
| Whether failure to pay dues permits suspension under OBA Rules | OBA: Rules authorize suspension for nonpayment of dues/charges | Members: (no successful defense in record) payment not made | Court ordered suspension per Rules creating OBA authority |
| Scope of relief: suspension from membership | OBA: requests suspension from OBA membership for listed attorneys | Members: (no successful challenge in record) opposed or did not cure delinquency | Court suspended listed attorneys from OBA membership until reinstatement |
| Scope of relief: prohibition on practicing law | OBA: suspension should include prohibition on practicing law in Oklahoma | Members: (no successful challenge in record) no timeliness/cure shown | Court ordered prohibition on practicing law in Oklahoma until reinstated |
Key Cases Cited
- State ex rel. Oklahoma Bar Ass'n v. Hyde, 397 P.3d 1286 (Okla. 2017) (related Oklahoma Supreme Court authority concerning bar discipline and enforcement procedures)