318 P.3d 1086
Okla.2013Background
- OBA filed a one-count complaint against Godlove under RGDP Rule 6 on Oct. 22, 2012.
- PRT admitted allegations but failed to specify which ORPC rules were violated.
- OBA sought a minimum two years and one day suspension and costs.
- Godlove failed to answer, appear, or respond to the complaint or RGDP requests.
- Court conducted de novo review of alleged misconduct and found clear-and-convincing evidence of violations.
- Disbarment and assessment of costs were imposed as appropriate discipline.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Godlove violated ORPC/RGDP rules | OBA shows multiple violations by Godlove | Godlove did not defend or respond; no argument presented | Yes, violations proven by clear and convincing evidence |
| Whether enhancement from Hutchinson v. Hahn can be used | OBA relies on Hutchinson order for enhancement | Hutchinson order not properly relied on in prior investigation | No; Hutchinson cannot be used for enhancement |
| Appropriateness of disbarment | Disbarment necessary to stop abuse of the system | Not applicable (Godlove did not participate) | Disbarment appropriate to protect the public and courts |
| Costs and Rule 9.1 compliance | Seek costs of $1,994.76 for transcription, process server, etc. | Godlove should not bear unreasonably broad costs | Costs awarded to OBA; Godlove to pay within 90 days and notify clients per Rule 9.1 |
Key Cases Cited
- Tweedy, State ex rel. Okla. Bar Ass'n v. Tweedy, 2000 OK 37 (OK) (discipline for repeated filings; sanctions and ultimate disbarment guidance)
- In re Wallace Revocable Trust, 2009 OK 34 (OK) (finality of trustee designation; abuse in litigation context)
- Pacenza, State ex rel. Okla. Bar Ass'n v. Pacenza, 2006 OK 23 (OK) (sanctions and disciplinary framework; public protection)
- Giger, State ex rel. Okla. Bar Ass'n v. Giger, 2001 OK 96 (OK) (de novo review authority; adequate record required)
- Tweedy (second mention), 52 P.3d 1003 (OK) (discipline standards; non-cooperation considerations)
- Wilcox, State ex rel. Okla. Bar Ass'n v. Wilcox, 2009 OK 81 (OK) (clear and convincing standard in bar discipline)