IN THE MATTER OF THE REINSTATEMENT OF: BARBER

IN THE MATTER OF THE REINSTATEMENT OF: BARBER
2012 OK 72
Case Number: SCBD-5807
Decided: 09/10/2012

THE SUPREME COURT OF THE STATE OF OKLAHOMA

FOR PUBLICATION IN OBJ ONLY. NOT RELEASED FOR OFFICIAL PUBLICATION.

IN THE MATTER OF THE REINSTATEMENT OF: LEWIS BARBER, JR., TO MEMBERSHIP IN THE OKLAHOMA BAR ASSOCIATION AND TO THE ROLL OF ATTORNEYS

ORIGINAL PROCEEDING FOR ATTORNEY REINSTATEMENT

¶0 Attorney seeks reinstatement to the Oklahoma Bar Association following his resignation in 2007 for health reasons. At that time, he was not under investigation for any ethical violation and has not otherwise been disciplined or disbarred. Barber was admitted to practice in 1974 and practiced law in Oklahoma from 1974 until his closing of his practice in 2004. He is current with his Oklahoma legal education requirements.

REINSTATEMENT GRANTED

Lewis Barber, Jr., North Las Vegas, Nevada, Pro Se.
Ted Rossier, Assistant General Counsel, Oklahoma Bar Association, Oklahoma City, Oklahoma, for Respondent.

COMBS, J.

¶1 Petitioner, Lewis Barber, Jr., was admitted to the Oklahoma Bar Association (OBA) in April 1974. Barber practiced law in the State of Oklahoma until December of 2004. Barber maintained his license in the State of Oklahoma until June 15, 2007 when he voluntarily resigned for health reasons at the suggestion of his physician.

¶2 Barber has not practiced law since 2007. Evidence was admitted showing that Barber has not engaged in the practice of law in any State since his resignation. Barber has never been disbarred from the Oklahoma Bar Association or any other state or federal bar and has not resigned pending investigation or disciplinary proceedings from the Oklahoma Bar Association or any other state or federal bar.

¶3 Barber has not had any involvement with the Client's Security Fund of the Oklahoma Bar Association, but has assured the Oklahoma Bar Association that if any question should ever arise, he would pay it. Barber also provided evidence as to good moral character necessary to be admitted to the Oklahoma Bar Association as an active member. The PRT unanimously found that Barber had met the prerequisites for reinstatement by clear and convincing evidence.

¶4 This Court exercises original and exclusive jurisdiction in bar reinstatement proceedings. In re Reinstatement of Brown, 1996 OK 95, ¶ 14, 925 P.2d 44, 49. Although the PRT's recommendations are afforded great weight, they are advisory only, inasmuch as this Court exercises de novo review. Id.

¶5 Rule 11.5 of the RGDP requires the PRT to make specific findings regarding (1) "[w]hether or not an applicant possesses the good moral character which would entitle him to be admitted to the Oklahoma Bar Association," (2) "[w]hether or not an applicant has engaged in the unauthorized practice of law during the period of suspension disbarment or resignation" and (3) "[w]hether or not an applicant possesses the competency and learning in the law required for admission to practice law in the State of Oklahoma."

¶6 In the present matter, Barber met the first requirement by presenting the testimony of Rex Travis, Judge Lee West, Selba Parmely, a retired C.P.A. and Richard H. Kwley, a special education teacher and administrator for the Clark County School District, Las Vegas, Nevada. He has not been shown to have committed any crimes and it is apparent that he has been at all times an upstanding member of the community. Also, it has been determined that Barber has not engaged in the unauthorized practice of law during the period of his resignation; therefore, that requirement has been met. Finally, Barber has kept current with legal education by taking continuing legal education courses.1 Rule 11.5 requires evidence that the applicant possesses the competency and learning in the law for readmission to practice law in the State of Oklahoma. Barber has shown that he has met the requirements for reinstatement to the Oklahoma State Bar Association. We therefore reinstate Mr. Barber to the membership in the Oklahoma Bar Association upon showing that Petitioner has remitted the amount of $683.65 which constitutes full payment of the costs incurred in this matter as allowed under 5 O.S. 2001, Ch.1, App. 1-A as well as his current bar dues of $275.00.

REINSTATEMENT GRANTED

¶7 ALL JUSTICES CONCUR.

FOOTNOTES

1 Mr. Barber will not have to make any future CLE reports as he has exceeded the age of 65 required by 5 O.S. ch.1 App. 1-B Rule 5.