State Ex Rel. Oklahoma Bar Ass'n v. Mothershed
2011 OK 84
| Okla. | 2011Background
- Mothershed was disbarred by this Court in 2003 for professional misconduct.
- He filed a petition to vacate in December 2010 challenging the disbarment and the prior proceeding.
- The petition argues lack of personal and subject matter jurisdiction, and challenges timing under Rule 6.7.
- The disciplinary proceeding proceeded through 2002 with multiple motions, amendments, and a trial panel hearing.
- The Court denied the petition to vacate, holding Rule 6.7 is non-jurisdictional and the process was fair, final disbarment remains intact.
- The opinion delineates this Court’s exclusive original jurisdiction over bar matters and that this collateral attack is without merit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Mothershed validly challenged personal jurisdiction | Mothershed argued lack of personal jurisdiction | Bar Association contends no waiver; proceedings valid | No merit; Mothershed waived challenges; personal jurisdiction valid |
| Whether Rule 6.7 is jurisdictional | Rule 6.7 violated; hearing delayed | Rule 6.7 does not create jurisdictional bar; delays permissible | Rule 6.7 is non-jurisdictional; delays did not void proceedings |
| Remedy to vacate Bar disciplinary judgment | Remedy via district court procedures; expungement possible | No mechanism to vacate in Bar context; Court has exclusive original jurisdiction | No remedy to vacate; petition denied; disbarment stands |
| Court's authority to adjudicate cross-claims against third parties | Cross-claims against G.B. fall within district court | Bar’s exclusive jurisdiction does not cover private tort/contract claims | Court lacked original jurisdiction over non-disciplinary claims; dismiss/avoid as inappropriate |
Key Cases Cited
- State ex rel. Oklahoma Bar Ass'n v. Bradley, 1987 OK 78, 746 P.2d 1130 (Okla. 1987) (jurisdictional limits in disciplinary context; delay not jurisdictional)
- Ethics Commission v. Cullison, 1993 OK 37, 850 P.2d 1069 (Okla. 1993) (due process and remedy scopes in disciplinary proceedings)
- State ex rel. Oklahoma Bar Ass'n v. Gasaway, 1993 OK 133, 863 P.2d 1189 (Okla. 1993) (adversarial proceedings; not all errors render lack of due process)
- In re Reinstatement of Mooreland-Rucker, 2010 OK 43, 237 P.3d 784 (Okla. 2010) (discusses breadth of disciplinary authority and non-jurisdictional rule application)