STATE ex rel. OKLAHOMA BAR ASSOCIATION v. FOARD, 2017 OK 92

The Oklahoma Bar Association (OBA) filed an application asking the Court to approve Jean Lea Foard’s resignation from bar membership pending disciplinary proceedings under Rule 8.1.
Foard executed and submitted her resignation on August 26, 2017, and provided an affidavit stating it was voluntary and knowing.
OBA was investigating grievance DC 17-74 alleging Foard misappropriated/converted settlement funds she received on behalf of two minor children; Foard waived the right to contest that allegation.
The Court found the alleged conduct, if proven, would violate Rules 1.15 and 8.4(a), (c), (d) of the Oklahoma Rules of Professional Conduct and Rule 1.3 of the Disciplinary Rules.
Foard agreed to reimburse the Client Security Fund for any paid claims (principal + statutory interest) before seeking reinstatement, to pay $238.39 in costs within 180 days, to comply with Rule 9.1, and to wait five years before applying for reinstatement.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Court should approve resignation under Rule 8.1	OBA: Resignation complies with Rule 8.1 and should be accepted.	Foard: Resignation was freely and voluntarily tendered; she waived contest to the allegations.	Court approved resignation effective Aug 26, 2017.
Whether respondent waived right to contest the misconduct allegation	OBA: Foard waived contest relieving OBA of proving the allegation.	Foard: Admitted waiver and awareness of consequences.	Court accepted waiver; allegation need not be proved.
Financial obligations to Client Security Fund and costs	OBA: Foard should reimburse any Client Security Fund payments and pay costs incurred.	Foard: Agreed to reimburse principal and statutory interest before reinstatement and pay $238.39 within 180 days.	Court required reimbursement condition and cost payment.
Reinstatement eligibility and interim obligations	OBA: Bar should impose waiting period and Rule 9.1 compliance as conditions.	Foard: Agreed to five-year wait and Rule 9.1 compliance.	Court ordered name stricken and barred reinstatement applications for five years; required Rule 9.1 compliance.

None identified in the opinion.