STATE ex rel. OKLAHOMA BAR ASSOCIATION v. ROBINSON
497 P.3d 282
| Okla. | 2021Background
- Eugene Robinson was admitted to the Oklahoma Bar on April 22, 1983 and was OBA No. 10119.
- On March 12, 2020 Robinson pleaded guilty in the U.S. District Court (N.D. Okla.) to nine felony counts under 26 U.S.C. § 7202 for failure to account for and pay withholding/FICA; sentenced Aug. 28, 2020 to five years probation (concurrent), 8 months home detention, and $159,121.05 restitution.
- The Oklahoma Supreme Court entered an interim order immediately suspending Robinson from practice on December 7, 2020.
- During ongoing disciplinary proceedings Robinson executed an affidavit of resignation (Jan. 13, 2021) complying with RGDP Rule 8.1; the OBA filed an application to approve that resignation on Jan. 21, 2021.
- Robinson admitted his convictions violated Rules 8.4(a) and 8.4(c) of the Oklahoma Rules of Professional Conduct and RGDP Rule 1.3, acknowledged the consequences of resignation pending discipline, agreed to cooperate in identifying client matters and to surrender his bar card, and acknowledged restitution obligations.
- The Court approved the resignation effective Jan. 21, 2021, ordered his name stricken from the Roll of Attorneys, imposed a five-year bar on applying for reinstatement, and awarded OBA costs of $68.90.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether resignation pending disciplinary proceedings should be approved | OBA: Resignation complies with RGDP Rule 8.1 and approval under Rule 8.2 is appropriate | Robinson: Voluntary resignation; affidavit acknowledges violations and consequences | Approved; resignation effective Jan. 21, 2021 |
| Whether resignation effects removal from roll and disbarment-equivalent consequences | OBA: Resignation pending discipline should result in name being stricken and a reinstatement delay | Robinson: Agreed resignation is tantamount to disbarment and accepted limitations | Name stricken; resignation treated as tantamount to disbarment; barred from applying for reinstatement for five years |
| Whether respondent must fulfill notification/cooperation duties and address client matters/restitution | OBA: Robinson must comply with RGDP 9.1, identify/transfer client files, surrender bar card, and address fees | Robinson: Agreed to comply and assist in identifying client cases and refunds | Court ordered compliance with RGDP 9.1, surrender of card, and cooperation on client matters and restitution |
| Whether respondent must reimburse OBA costs and effect on reinstatement eligibility | OBA: Seek reimbursement of investigative/prosecution costs | Robinson: Acknowledged responsibility for costs | Ordered to pay $68.90 within 30 days; payment required before consideration of any Rule 11 reinstatement petition |
Key Cases Cited
- State ex rel. Oklahoma Bar Association v. Robinson, 2020 OK 100 (Okla. 2020) (Court previously entered an interim order of immediate suspension prior to approval of resignation)
