MATTER OF REINSTATEMENT OF GASSAWAY

MATTER OF REINSTATEMENT OF GASSAWAY
2002 OK 48
48 P.3d 805
Case Number: SCBD-4609
Decided: 06/04/2002

THE SUPREME COURT OF THE STATE OF OKLAHOMA

IN THE MATTER OF THE REINSTATEMENT OF JOHN MICHAEL GASSAWAY TO MEMBERSHIP IN THE OKLAHOMA BAR ASSOCIATION AND IN THE ROLL OF ATTORNEYS

ORDER OF REINSTATEMENT TO OKLAHOMA BAR ASSOCIATION
AND ROLL OF ATTORNEYS

¶1 John Michael Gassaway [applicant] was convicted on May 17, 1995 in the United States District Court for the Western District of Oklahoma of one count of making a false statement on a tax return. His resignation from the Oklahoma Bar Association [OBA] pending disciplinary proceedings ensued. By order dated July 18, 1995 the Court approved his resignation and struck his name from the Roll of Attorneys. He served his federal sentence; waited (in excess of) the rule-mandated five years;

¶2 Applicant's petition and proffered evidence were considered by the Trial Panel of the Professional Responsibility Tribunal [PRT] at a November 6, 2001 reinstatement hearing. After receiving the testimony of various lawyers, friends and other accounting, medical and legal professionals and in accordance with R.G.D.P. 11.5's mandate the Trial Panel made the following findings: (1) Mr. Gassaway now possesses that degree of good moral character which would entitle him to reinstatement; (2) he has not engaged in the unauthorized practice of law during the period of his suspension; (3) he has demonstrated that degree of legal competency required for admission to the Bar, having completed sixty-six (66) hours of Continuing Legal Education courses since 1996; (4) he is contrite about his wrongful conduct and is remorseful for the disrepute which it brought upon the profession; and (5) he has scrupulously adhered to the restrictions placed upon the conduct of law clerks one of the employment venues pursued by Mr. Gassaway upon his release from prison in 1996 so [48 P.3d 805] as to avoid all appearance that he was engaging in the unauthorized practice of law. The Trial Panel also found that Mr. Gassaway repaid all delinquent taxes owed and had otherwise resolved his problems with the Internal Revenue Service. After consideration of the adduced evidence the PRT strongly recommended the applicant's reinstatement.

¶3 When in the exercise of its exclusive jurisdiction the Court considers a petition for reinstatement, it does so under a de novo standard of review.

¶4 In response to the Court's May 20, 2002 order and in satisfaction of R.G.D.P. 11.1(b)'s requirements applicant has shown that he has repaid all funds which the Client Security Fund earlier expended on his behalf. Further, by his notice filed on January 18, 2002 applicant shows that in accordance with R.G.D.P. 11.1(c)'s terms he has paid all costs associated with processing his reinstatement application.

¶5 While Mr. Gassaway's felony conviction indeed brought disrepute upon the profession, the record demonstrates that he has admitted publically the error of his behavior and fully accepted responsibility for the consequences of his criminal acts.

¶6 DONE BY ORDER OF THE SUPREME COURT IN CONFERENCE THIS 3

S/CHIEF JUSTICE

¶ 7 ALL JUSTICES CONCUR. [48 P.3d 806]

FOOTNOTES

1R.G.D.P. 11.1(e) requires that one who has resigned pending disciplinary proceedings shall not be readmitted to OBA membership for five years following the effective date of the Court's order accepting the resignation.

2Matter of Reinstatement of Smith, 1994 OK 19, 871 P.2d 426, 427.

3See Matter of Reinstatement of Crabtree, III. There the Court ordered reinstatement of an attorney who had been convicted of federal income tax evasion. The Court notes that the crime for which Mr. Gassaway was convicted did not stem from abuse of his position as an attorney.