STATE ex rel. OKLAHOMA BAR ASSOCIATION v. MORRIS

STATE ex rel. OKLAHOMA BAR ASSOCIATION v. MORRIS
2008 OK 54
187 P.3d 727
Case Number: SCBD-5255
Decided: 06/03/2008

THE SUPREME COURT OF THE STATE OF OKLAHOMA

STATE OF OKLAHOMA, ex rel. OKLAHOMA BAR ASSOCIATION, Complainant,
v.
DAVID L. MORRIS, Respondent.

ORDER APPROVING RESIGNATION FROM THE OKLAHOMA BAR
ASSOCIATION PENDING DISCIPLINARY PROCEEDINGS

¶1 Disciplinary proceedings pursuant to Rules 8.1 and 8.2 of the Rules Governing Disciplinary Proceedings, 5 O. S. 2001, Ch. 1, App. 1-A, are currently pending against attorney David L. Morris (Respondent). By affidavit dated March 14, 2008, Respondent Morris seeks to resign his membership in the Oklahoma Bar Association and relinquish his right to practice law pending disciplinary proceedings. The Oklahoma Bar Association has presented an application to this Court for an order approving the resignation of Respondent Morris from membership in the Oklahoma Bar Association pending disciplinary proceedings. Upon consideration of the matter we find:

1. Respondent executed an affidavit on March 14, 2008, wherein he asks to be allowed to resign his membership in the Oklahoma Bar Association and thereby relinquish his right to practice law. Although he is aware his resignation is subject to the approval of the Oklahoma Supreme Court, Respondent intends it to be effective from the date and time of its execution and represents that he will conduct his affairs accordingly.

2. Respondent's resignation was freely and voluntarily tendered, he was not subject to coercion or duress, and he was fully aware of the consequences of submitting his resignation.

3. Respondent is aware of a Fourth Amended Complaint filed against him by Complainant on December 3, 2007, charging him with professional misconduct in violation of the Oklahoma Rules of Professional Conduct (ORPC), 5 O.S.2001, Ch. 1, App. 3-A and the Rules Governing Disciplinary Proceedings (RGDP), 5 O.S. 2001, Ch. 1, App. 1-A. Respondent is aware the burden of proof regarding the allegations set forth in the Fourth Amended Complaint rests on the Oklahoma Bar Association, but that he waives any and all right to contest the allegations.

4. The Fourth Amended Complaint contains nine (9) separate counts of alleged misconduct and also avers that Respondent previously received a private reprimand at the hands of the Professional Responsibility Commission on June 30, 1995 in Oklahoma Bar Association Docket Case No. 1202.

5. The nine (9) counts summarized are:

a

b

c

d

e

f

g

h

i

6. Respondent recognizes and agrees he may not make application for reinstatement to membership in the Oklahoma Bar Association prior to the expiration of five years from the effective date of our Order of approval of his resignation.

7. Respondent has agreed to comply with Rule 9.1 of the Rules Governing Disciplinary Proceedings and he acknowledges he may be reinstated to practice law only upon compliance with the conditions and procedures prescribed by Rule 11 of the Rules Governing Disciplinary Proceedings.

8. Respondent acknowledges that, as a result of his conduct, the Client Security Fund may receive claims from his former clients and he agrees that, should the Oklahoma Bar Association approve and pay such claims, he will reimburse the Fund the principal amounts and the applicable statutory interest prior to the filing of any application for reinstatement.

9. The resignation pending disciplinary proceedings of respondent is in compliance with Rule 8.1 of the Rules Governing Disciplinary Proceedings.

10. Respondent's Oklahoma Bar Association number is 10412. His official roster address on the records maintained by the Oklahoma Bar Association is: David L. Morris, 8446 State Hwy 19, Ada, OK 74820.

11. Respondent acknowledges that the Oklahoma Bar Association has incurred costs in the amount of $4,128.20, as of March 12, 2008, for the investigation of this matter for which he may be assessed. He also acknowledges that the costs assessed against him shall be paid prior to any application for reinstatement of his license to practice law.

12. Respondent's resignation should be approved, effective March 14, 2008, the day he signed his affidavit regarding resignation pending disciplinary proceedings.

¶2 It is therefore ORDERED that Complainant's application for an Order approving the resignation of Respondent, David L. Morris is approved and Respondent's resignation is accepted and approved, and his right to practice law is relinquished. The effective date of his resignation shall be March 14, 2008.

¶3 It is further ORDERED that Respondent's name be stricken from the Roll of Attorneys and that he make no application for reinstatement to membership in the Oklahoma Bar Association prior to five years from the date of March 14, 2008.

¶4 It is further ORDERED that Respondent comply with Rule 9.1 of the Rules Governing Disciplinary Proceedings.

¶5 It is further ORDERED that Respondent shall pay costs in the amount of $4,128.20 to the Oklahoma Bar Association prior to reinstatement.

DONE IN CONFERENCE BY ORDER OF THE SUPREME COURT THIS 2nd DAY OF JUNE, 2008.

/S/CHIEF JUSTICE

¶6 ALL JUSTICES CONCUR.

FOOTNOTES

1 We note that at least some of the misconduct alleged in the Fourth Amended Complaint predates 2001.