STATE ex rel. OKLAHOMA BAR ASSOCIATION v. KERR
2017 OK 86
| Okla. | 2017Background
- Robert Samuel Kerr, IV submitted an affidavit resigning from the Oklahoma Bar Association on October 12, 2017; the resignation was filed in the Oklahoma Supreme Court on October 13, 2017.
- A Bar grievance alleged Kerr conspired to commit wire fraud (18 U.S.C. § 1343) and to retain SandRidge Energy lease bonuses on leases with bad title instead of returning them.
- Kerr’s affidavit states the resignation was voluntary, that he was aware of the allegations and potential violations of professional rules (Oklahoma Rules of Professional Conduct Rules 8.4(b) & 8.4(c) and Rule 1.3 of the Rules Governing Disciplinary Proceedings), and that he waived rights to contest the allegations.
- Kerr acknowledged compliance obligations (Rule 9.1 notifications), surrendered his bar card, and agreed to cooperate with counsel regarding client files, fees, and refunds.
- The Bar stated no investigative costs were incurred. Kerr agreed he may not seek reinstatement for five years and must repay any Client’s Security Fund disbursements (with interest) before reinstatement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether to approve resignation pending disciplinary proceedings | Bar: Approve under Rule 8.2 because resignation was voluntary and acknowledges pending grievance | Kerr: Sought approval by submitting voluntary affidavit resigning and waiving contest | Court approved the resignation under Rule 8.2 and struck Kerr from the roll of attorneys |
| Effective date of resignation | Bar: Resignation effective on filing date with Court | Kerr: Resignation executed Oct 12 and filed Oct 13; treated as effective upon filing | Court deemed resignation effective on filing date, Oct 13, 2017 |
| Reinstatement timing and conditions | Bar: Five-year minimum before any reinstatement application; compliance with Rule 11 and repayment to Client’s Security Fund required | Kerr: Acknowledged he may not apply before five years and must repay any fund disbursements with interest | Court ordered no application for reinstatement earlier than five years and required repayment before reinstatement |
| Award of costs for investigation | Bar: No costs incurred in the investigation | Kerr: No dispute noted | Court awarded no costs based on Bar’s statement |
Key Cases Cited
- State ex rel. Oklahoma Bar Ass'n v. Bourland, 19 P.3d 289 (Okla. 2001) (discusses effectiveness of resignation and when resignation may be treated as effective)
- In re Reinstatement of Hird, 21 P.3d 1043 (Okla. 2001) (addresses reinstatement requirements following resignation)
- State ex rel. Oklahoma Bar Ass'n v. Heinen, 84 P.3d 708 (Okla. 2003) (addresses Client’s Security Fund reimbursement obligations before reinstatement)
- State ex rel. Oklahoma Bar Ass'n v. Demopolos, 352 P.3d 1210 (Okla. 2015) (addresses timing and effect of resignation filing with the Court)