STATE ex rel. OKLAHOMA BAR ASSOCIATION v. KERR
2017 Okla. LEXIS 89
| Okla. | 2017Background
- Robert Samuel Kerr, IV filed an affidavit resigning from the Oklahoma Bar Association on October 12, 2017; the affidavit was filed in the Oklahoma Supreme Court on October 13, 2017.
- The resignation was submitted pursuant to Rule 8.2 of the Rules Governing Disciplinary Proceedings and was stated to be voluntary, made with awareness of consequences, and not made under duress.
- A grievance alleged Kerr conspired to commit wire fraud (18 U.S.C. § 1343) and conspired to retain lease bonuses from SandRidge Energy, Inc., on leases with defective title rather than returning the bonuses.
- Kerr acknowledged the alleged conduct, if proven, would violate Oklahoma Rules of Professional Conduct (Rules 8.4(b), 8.4(c)) and disciplinary rules including Rule 1.3 and that the Bar bears the burden of proof; he waived rights to contest the allegations.
- Kerr agreed to comply with post-resignation obligations (Rule 9.1 notice, surrender of bar card, cooperate with counsel regarding client files and possible Client's Security Fund claims) and acknowledged reinstatement restrictions and repayment obligations to the Client’s Security Fund.
- The Oklahoma Bar Association stated no investigation costs were incurred; the Court treated the resignation as effective on filing and ordered Kerr’s name stricken from the Roll of Attorneys with reinstatement barred for five years.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Court should approve a resignation pending disciplinary proceedings | Bar: Approve resignation under Rule 8.2 because respondent voluntarily resigned acknowledging allegations and consequences | Kerr: Voluntary resignation; waived right to contest allegations and requested approval | Court approved the resignation under Rule 8.2 and deemed it effective Oct 13, 2017 |
| Effective date of resignation | Bar: Effective on filing in Court | Kerr: Resignation executed Oct 12 and filed Oct 13; treated as effective on filing | Court deemed resignation effective on the filing date, Oct 13, 2017 |
| Reinstatement eligibility and conditions | Bar: Reinstatement barred for five years; must satisfy Rule 11 and repay any Client's Security Fund disbursements with interest | Kerr: Acknowledged five-year bar and repayment obligations; agreed to comply with reinstatement rules | Court ordered no application for reinstatement for five years and required repayment of any Client's Security Fund advances with interest prior to reinstatement |
| Award of costs for investigation | Bar: No costs were incurred | Kerr: N/A (accepted Bar’s statement) | Court ordered no costs awarded based on Bar’s express statement that no costs were incurred |
Key Cases Cited
- State ex rel. Oklahoma Bar Ass'n v. Demopolos, 352 P.3d 1210 (Okla. 2015) (discusses effective date of resignation filings)
- State ex rel. Oklahoma Bar Ass'n v. Bourland, 19 P.3d 289 (Okla. 2001) (discusses effectiveness of resignation and related procedures)
- In the Matter of the Reinstatement of Hird, 21 P.3d 1043 (Okla. 2001) (addresses reinstatement standards and timing)
- State ex rel. Oklahoma Bar Association v. Heinen, 84 P.3d 708 (Okla. 2003) (addresses Client's Security Fund repayment obligations prior to reinstatement)