In re: Straub
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SUPREME COURT OF ARKANSAS
No. 09-404
Opinion Delivered May 14, 2009
IN RE: F. SCOTT STRAUB,
ARKANSAS BAR NO. 98019
MOTION TO RECIPROCALLY
DISBAR
MOTION TO STAY GRANTED;
REMANDED TO ARKANSAS
SUPREME COURT COMMITTEE
ON PROFESSIONAL CONDUCT
PER CURIAM
F. Scott Straub was granted the privilege of practicing law in the State of Arkansas by
this Court in 1998. On April 20, 2009, the Arkansas Supreme Court Committee on
Professional Conduct (the Committee) filed a petition to reciprocally disbar Straub. The
petition stated that on March 9, 2009, the Office of Professional Conduct received
notification that Straub had been permanently disbarred from practicing law in the State of
Louisiana and that, pursuant to Section 14.A. of the Procedures of the Arkansas Supreme
Court Regulating Professional Conduct of Attorneys at Law (the Procedures), the disbarment
of any person from the practice of law in any other state shall operate as a disbarment of such
person from the practice of law in this State under any license issued to such person by the
Arkansas Supreme Court prior to his or her disbarment in such other state. The petition also
noted that Straub was given full notice of all Louisiana proceedings and had ample
opportunity to defend himself. On April 29, 2009, an amended petition to reciprocally disbar
was filed, which stated that Straub had also been given notice of the Committee’s action
directing the filing of the petition for reciprocal disbarment by sending notice to Straub’s
address of record with the Clerk and by telephone on March 27, 2009.
Also on April 29, 2009, Straub filed a response to the petition to reciprocally disbar,
asserting that he was not given proper notice of the formal charges filed against him in
Louisiana; a motion for an evidentiary hearing on the petition to reciprocally disbar; a motion
for stay pending appeal of his Louisiana disbarment; and a petition for writ of mandamus. The
Louisiana Office of Disciplinary Counsel filed two sets of formal charges against Straub, but
he contends that he received notice only of the first set of formal charges, and was unable to
defend himself against those allegations due to life-threatening health problems and extreme
financial hardship from medical expenses. Straub contends that the time for appeal of his
Louisiana disbarment has not run, that he is making all possible efforts to pursue that appeal,
and he urges this court to grant a stay of these proceedings pending the result of that appeal.
We find merit in Straub’s argument and hereby grant a stay in these proceedings and
remand the matter to the Committee, pending the result of the Louisiana appeal. We deny
his request for an evidentiary hearing. We also deny his petition for writ of mandamus
without prejudice.
Motion to stay granted; Remanded to Arkansas Supreme Court Committee on
Professional Conduct.
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