MATTER OF THE REINSTATEMENT OF WILKINS

MATTER OF THE REINSTATEMENT OF WILKINS
1998 OK 27
Case Number: SCBD #4299
Decided: 03/31/1998
Supreme Court of Oklahoma

IN THE MATTER OF THE REINSTATEMENT OF VONDA L. WILKINS, TO MEMBERSHIP IN THE OKLAHOMA BAR ASSOCIATION AND TO THE ROLL OF ATTORNEYS.

FOR PUBLICATION IN OBJ

BAR REINSTATEMENT PROCEEDING

¶0 Attorney relocated from Oklahoma, and her name was stricken from membership in the OBA for non-payment of dues. She filed application for reinstatement and was granted a hearing before the Professional Responsibility Tribunal.

REINSTATEMENT GRANTED UPON PAYMENT OF COSTS IN THE AMOUNT OF $133.37 AND 1998 BAR DUES

Allen J. Welch, Assistant General Counsel, OKLAHOMA BAR ASSOCIATION, for Respondent, Oklahoma City, Oklahoma.
Vonda L. Wilkins, KEVIN JOHN WITASICK & ASSOCIATES, for Petitioner, Phoenix, Arizona.

SUMMERS, V.C.J.;

¶1 Petitioner Vonda L. Wilkins has applied for reinstatement to the Oklahoma Bar Association. The Trial Panel of the Professional Responsibility Tribunal held a hearing and unanimously recommended reinstatement. Upon de novo review of the record we agree that she should be reinstated.

¶2 Wilkins practiced law in Oklahoma with an Oklahoma City Law firm from her admission to the Bar in October 1986 until August 1987. On about August 15, 1987 she moved to Arizona where she presently resides and practices law.

¶3 After leaving Oklahoma she let her membership in the Oklahoma Bar Association lapse for non-payment of dues. On September 17, 1990 her name was stricken from the Roll of Attorneys. SCBD No. 3605 (Sept. 17, 1990), 61 O.B.J. 2356, 2358 (Sept. 22, 1990). She applied for reinstatement on September 19, 1997.

¶4 During her practice in Arizona she has remained competent in the law. The record shows that she has obtained continuing legal education in compliance with Arizona's requirement of fifteen hours per year. The record also shows that no disciplinary proceedings for misconduct have ever been filed against Petitioner in either Oklahoma or Arizona.

¶5 This Court exercises exclusive original jurisdiction over all disciplinary proceedings, and makes an independent review of the record in reinstatement proceedings. Matter of Reinstatement of Phillips, 919 P.2d 419 (Okla. 1996); Matter of Reinstatement of McKenzie, 925 P.2d 18, 19 (Okla. 1996). Since the present proceeding does not involve a prior imposition of discipline, we must focus on the "present moral fitness of the petitioner, [her] conduct subsequent to suspension as it relates to [her] moral fitness and professional competence, [her] present competence in legal skills, whether [s]he has engaged in the unauthorized practice of law, and whether [s]he has complied with rule-mandated requirements for reinstatement." Phillips, at 420.

¶6 The record shows that Wilkins maintained her competence in the law by attending and teaching CLE courses in Arizona. She testified that she has been studying Oklahoma law in order to refresh her memory. She also testified that Arizona has adopted rules of procedure and evidence similar to Oklahoma's, as well as the Uniform Commercial Code.

¶7 Wilkins stated that she has not practiced law in Oklahoma since her suspension. An affidavit of the Court Clerk of Oklahoma County supports this assertion. The record also shows that no funds from the Client Security Fund have been expended on behalf of the Petitioner.

¶8 The Bar's investigator testified that he spoke with several of her employers. All commented in a positive manner about her moral character. Additionally, one individual contacted the Bar Association after seeing the publication as to her hearing in the Oklahoma Bar Journal. This person stated that he was a previous employer and would recommend that she be reinstated.

¶9 A member who is suspended for the nonpayment of dues and who does not apply for reinstatement within one year is no longer a member of the Oklahoma Bar Association. The member's name is stricken from the Roll of Attorneys. See

¶10 Accordingly, we find that petitioner Vonda Wilkins should be reinstated to membership in the Oklahoma Bar Association. This reinstatement is conditioned upon her payment of costs as reported by the Oklahoma Bar Association in the amount of $133.37, and her payment of current dues in the amount of $175.00 for 1998. Upon her full payment of these dues and costs, the Executive Director shall file in this proceeding a notification that petitioner has filled these requirements.

¶11 ALL JUSTICES CONCUR