STATE ex rel. OKLAHOMA BAR ASSOCIATION v. FOARD
2017 OK 92
| Okla. | 2017Background
- The Oklahoma Bar Association (OBA) filed an application asking the Oklahoma Supreme Court to approve Jean Lea Foard’s resignation from the OBA pending disciplinary proceedings under Rule 8.1.
- Grievance DC 17-74 alleged Foard misappropriated or converted settlement funds she received on behalf of two minor children (personal injury settlements).
- Foard executed a voluntary, uncoerced resignation on August 26, 2017, and submitted an affidavit supporting the resignation.
- Foard waived the right to contest the misconduct allegation, thereby relieving the OBA of proving the allegation in disciplinary proceedings.
- Foard acknowledged alleged conduct, agreed to reimburse any Client Security Fund payments of principal plus statutory interest before applying for reinstatement, and agreed to comply with Rule 9.1.
- The Court approved the resignation effective August 26, 2017, struck Foard’s name from the Roll of Attorneys, imposed a five‑year minimum bar on seeking reinstatement, and ordered reimbursement of OBA costs ($238.39) within 180 days.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Court should accept a resignation pending disciplinary proceedings under Rule 8.1 | OBA: Resignation complies with Rule 8.1 and should be approved given the pending grievance and affidavit | Foard: Tendered a voluntary, informed resignation and waived contest of the allegations | Court accepted and approved the resignation effective 8/26/2017 |
| Whether Foard’s waiver of contest and admission of facts suffices in lieu of proving misconduct | OBA: Waiver relieves OBA of proving the alleged misconduct | Foard: Waived right to contest the allegation | Court treated waiver as relieving OBA of proof; resignation approved accordingly |
| Whether Foard must reimburse Client Security Fund if claims paid | OBA: Foard should reimburse principal and statutory interest before any reinstatement application | Foard: Agreed to reimburse such payments prior to reinstatement application | Court required reimbursement conditionally as part of resignation terms |
| Proper reinstatement restrictions and compliance obligations | OBA: Five‑year minimum bar and Rule 9.1 compliance appropriate | Foard: Agreed to five‑year minimum and to comply with Rule 9.1 and Rule 11 procedures for reinstatement | Court ordered five‑year bar on applying for reinstatement and mandated Rule 9.1 compliance |
Key Cases Cited
- No published case authorities with official reporter citations are cited in the opinion.