IN THE MATTER OF THE REINSTATEMENT OF MOLLETAnnotate this Case
IN THE MATTER OF THE REINSTATEMENT OF MOLLET
2005 OK 58
Case Number: SCBD-4999
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 MARILYN SUE MOLLET TO MEMBERSHIP IN THE OKLAHOMA BAR ASSOCIATION AND TO THE ROLL OF ATTORNEYS.
¶1 This matter is before the Court pursuant to Rule 11, Rules Governing Disciplinary Proceedings, 5 O.S.2001, Ch. 1, App. 1-A (RGDP), as amended, for consideration of petitioner, Marilyn Sue Mollet's February 28, 2005 petition for reinstatement to membership in the Oklahoma Bar Association (OBA). After the petition was filed, the matter was investigated by the OBA through its Office of General Counsel and the OBA recommends favorable treatment of the petition by this Court. A telephonic hearing was held in the matter in May 2005 before a trial panel of the Professional Responsibility Tribunal (PRT). On June 17, 2005 the PRT filed a report with this Court recommending the petition be granted and that petitioner be reinstated as a member of the OBA. On June 22, 2005 the OBA and petitioner filed a joint waiver of briefs with this Court in which they both request the report of the PRT, containing its recommendation that reinstatement be granted, be approved.
¶2 Upon consideration of the matter we find the record submitted to us shows by clear and convincing evidence the following:
1. petitioner is a graduate of the University of Tulsa College of Law. She was admitted to OBA membership and licensed to practice law in the State of Oklahoma in October 1988;
2. petitioner practiced law in Oklahoma for a period of somewhat less than two years with a law firm in Tulsa, until about May 1990. She voluntarily resigned from the OBA on or about May 15, 1990. She was admitted to practice law in Texas in November 1990 after successful completion of the Texas Bar exam. Except for about three months when she was assisting in the care of her elderly father, she has been practicing law in Texas since her admission to practice law there;
3. at the time of the PRT telephonic hearing in this matter, it was shown that petitioner was a member in good standing of the Texas Bar and we have been provided no information that her status with the State Bar of Texas has changed since that time. In compliance with Rule 11.5(a), RGDP, petitioner possesses the good moral character to be reinstated to the OBA;
4. in compliance with Rule 11.5(b), RGDP, petitioner has not engaged in the unauthorized practice of law in Oklahoma since her voluntary resignation. Further, the investigation by the OBA uncovered no evidence that petitioner engaged in the unauthorized practice of law in any other jurisdiction;
5. in compliance with Rule 11.5(c), RGDP, petitioner has kept informed of current developments in the law and possesses the competency and learning in the law required for admission to practice law in Oklahoma. Petitioner is not required to retake the Oklahoma Bar Examination as a condition to reinstatement;
6. the OBA has incurred costs in this matter in the amount of $302.31 and is entitled to reimbursement for the same pursuant to the terms of Rule 11.1(c), RGDP. Further, at the time of the PRT telephonic hearing in this matter, petitioner had not paid the current year annual dues in the amount of $275.00 for active members of the OBA; and
7. petitioner's petition for reinstatement should be approved.
¶3 In that petitioner has met her burden of proof as to each of the requirements or prerequisites necessary to be shown for her reinstatement as provided in Rule 11, RGDP, it is ORDERED that petitioner, Marilyn Sue Mollet, be reinstated to membership in the Oklahoma Bar Association and that her name be reinstated to the Roll of Attorneys licensed to practice law in the State of Oklahoma.
¶4 It is also ORDERED that as conditions precedent to reinstatement, petitioner shall pay to the OBA within thirty (30) days from the date of this Order's filing with the Clerk of the Court the costs of this proceeding in the amount of $302.31 and petitioner's current annual dues in the amount of $275.00.
¶5 DONE IN CONFERENCE BY ORDER OF THE SUPREME COURT THIS 12TH DAY OF SEPTEMBER, 2005.