STATE ex rel. OKLAHOMA BAR ASS'N v. WATKINS

STATE ex rel. OKLAHOMA BAR ASS'N v. WATKINS
1997 OK 114
945 P.2d 498
68 OBJ 1759
Case Number: SCBD #4281
Decided: 09/09/1997
Supreme Court of Oklahoma

STATE OF OKLAHOMA ex rel., Oklahoma Bar Association, Complainant,
v.
STEPHEN MICHAEL WATKINS, Respondent.

RULE 8 APPLICATION FOR RESIGNATION
APPLICATION APPROVED.
RESPONDENT'S NAME STRICKEN
FROM THE ROLL OF ATTORNEYS.

Alan J. Welch, Assistant General Counsel, Oklahoma Bar Association, Oklahoma City, Oklahoma, For Oklahoma Bar Association.

Stephen Michael Watkins, Pro Se.

WATT, J.

[945 P.2d 499]

¶1 Upon the filing of a complaint

1) Respondent's name and address appear on the roster maintained by the OBA as follows: Stephen Michael Watkins, 403 S. Cheyenne, Suite 1200, Tulsa, OK 74103.

2) Respondent executed his resignation on July 18, 1997.

3) Respondent's resignation was freely and voluntarily tendered; he was not subject to coercion or duress; and he was fully aware of the consequences of submitting his resignation. Rule 8.1, Rules Governing Disciplinary Proceedings, 5 O.S. Ch. 1, App. 1-A.

4) Respondent was aware that a formal Complaint was filed with this Court on May 21, 1997 alleging in Count I that Respondent violated Rules 1.1, 1.3, 1.4, 1.15 and 8.4(c), Oklahoma Rules of Professional Conduct, 5 O.S. Ch. 1, App. 3-A ("ORPC"), and Rule 1.4, RGDP, alleging in Count II that he violated Rules 1.1, 1.3, 1.4, 3.2, and 8.4(c), ORPC; alleging in Count III that he violated Rules 1.1, 1.3, and 1.4, ORPC; alleging in Count IV that he violated Rules 1.1, 1.3, 1.4, and 8.4(c), ORPC; alleging in Count V that he violated Rules 1.1, 1.3, 1.4, 3.2, 4.4 and 8.4(c), ORPC; alleging in Count VI that he violated Rules 1.4, and 8.4(c), ORPC, and Rule 1.3, RGDP; alleging in Count VII that he violated Rules 1.1, 1.3, 1.4, and 1.16(d), ORPC; and alleging in Count VIII that he violated Rule 8.1(b), ORPC, and Rule 5.2, RGDP.

5) Respondent was aware that the burden of proof regarding the allegations set forth above rests upon the Oklahoma Bar Association. Respondent waived any and all right to contest the allegations.

6) Respondent was aware that, if proven, the alleged conduct would constitute violations of Rules 1.1, 1.3, 1.4, 1.15, 1.16(d), 3.2, 4.4, 8.1(b) and 8.4(c), Oklahoma Rules of Professional Conduct, and Rules 1.4, 1.3 and 5.2, Rules Governing Disciplinary Proceedings.

7) Respondent was aware that either the approval or disapproval of this resignation is within the discretion of the Supreme Court.

8) Respondent agrees to comply with the provisions of Rule 9.1, Rules Governing Disciplinary Proceedings, within twenty (20) days following the date of this resignation.

9) Respondent recognizes and agrees that he may not make application for reinstatement to membership in the OBA prior to the expiration of five (5) years from the effective date of our approval of his resignation and upon compliance with the conditions of Rule 11, Rules Governing Disciplinary Proceedings.

10) Respondent agrees to reimburse the OBA should the OBA pay out any funds to his former clients through the Client Security Fund.

11) Respondent's resignation pending disciplinary proceedings should be approved.

¶2 IT IS THEREFORE ORDERED that Complainant's application and Respondent's resignation are approved.

¶3 IT IS FURTHER ORDERED that Respondent's name be stricken from the Roll of Attorneys and that he make no application for reinstatement to membership in the Oklahoma Bar Association prior to five years from the date of this opinion.

[945 P.2d 500]

¶4 IT IS FURTHER ORDERED that Respondent comply with Rule 9.1, Rules Governing Disciplinary Proceedings.

¶5 IT IS FURTHER ORDERED that Respondent reimburse the Client Security Fund of the Oklahoma Bar Association, including interest at the statutory rate, should it pay any funds to his former client for claims made due to his alleged misconduct.

¶6 ALL JUSTICES CONCUR.

FOOTNOTES

1A copy of the complaint setting forth in detail each and every allegation is attached hereto and marked as Exhibit "A".