State Ex Rel. Oklahoma Bar Ass'n v. Strickland
2011 OK 54
| Okla. | 2011Background
- Oklahoma Bar Association filed complaint against Gray Moore Strickland on July 25, 2010 under RGDP Rule 6.
- Respondent was charged June 23, 2009 in federal court with willful failure to file 2003 tax return; pleaded guilty September 2, 2009.
- Sentence included five years supervised probation and restitution of $64,729.36 to the IRS.
- Complaint alleged violations of RGDP Rule 1.3 and RPC Rule 8.4(b); sought discipline deemed equitable and proper.
- PRT conducted a September 30, 2010 hearing; respondent testified and offered mitigating evidence; stipulations noted no prior discipline and other factors.
- Court conducted de novo review and ultimately imposed public censure, with costs of $1,009.89.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether public censure is appropriate. | Bar argues public censure appropriate. | Strickland urges private reprimand. | Public censure is appropriate. |
| Whether respondent violated RGDP Rule 1.3 and RPC 8.4(b). | Record proves violations through guilty plea and sentence. | Mitigating factors and lack of client impact reduce concern. | Violations proven; sanctions warranted. |
Key Cases Cited
- State ex rel. Oklahoma Bar Association v. Wilburn, 142 P.3d 420 (Okla. 2006) (discretion to impose discipline; advisory nature of PRT recommendations)
- State of Oklahoma ex rel. Oklahoma Bar Association v. Gann, 895 P.2d 726 (Okla. 1995) (public censure for tax-related misconduct by lawyer)