STATE ex rel. OKLAHOMA BAR ASSOCIATION v. POPE

STATE ex rel. OKLAHOMA BAR ASSOCIATION v. POPE
2010 OK 1
Case Number: SCBD-5486; OBAD-1776
Decided: 01/11/2010
Consolidated w/OBAD-1802; SCBD-5570
THE SUPREME COURT OF THE STATE OF OKLAHOMA

NOTICE: THIS OPINION HAS NOT BEEN RELEASED FOR PUBLICATION IN THE PERMANENT LAW REPORTS. UNTIL RELEASED, IT IS SUBJECT TO REVISION OR WITHDRAWAL.

STATE OF OKLAHOMA ex rel. OKLAHOMA BAR ASSOCIATION Complainant,
v.
EDDIE MICHAEL POPE Respondent.

ORDER

¶1 On December 10, 2008, the Oklahoma Bar Association (Bar Association), notified the Office of the Chief Justice that the respondent, Eddie Michael Pope (lawyer/respondent), had pled guilty to possession of obscene material in Texas and had been given a four year deferred sentence. On August 21, 2008, the Board of Disciplinary Appeals appointed by the Supreme Court of Texas (Board), issued a judgment of suspension which suspended the respondent during the term of his deferred adjudication (until April 23, 2010).

¶2 On March 30, 2009, the Court referred to the Professional Responsibility Commission to initiate and conduct disciplinary proceedings immediately to develop a complete, non-piecemeal record examining the circumstances giving rise to the criminal charges including the respondent's involvement/knowledge regarding the child molestation incident and the facts surrounding it which may or may not demonstrate an unfitness to practice law.

¶3 On September 12, 2009, the Oklahoma Bar Association filed a complaint which was independent of the reciprocal discipline imposed by Texas. The matters were consolidated under one surviving case number on October 20, 2009. On December 22, 2009, the Respondent voluntarily resigned from the Oklahoma Bar Association, and the Association filed an application for approval of resignation.

¶4 THE COURT FINDS:

1. On December 22, 2009, the respondent submitted his written affidavit of resignation from membership in the Bar Association pending disciplinary proceedings.

2. The respondent's affidavit of resignation reflects that: a) it was freely and voluntarily rendered; b) he was not subject to coercion or duress; and c) he was fully aware of the consequences of submitting the resignation.

3. The respondent states in his affidavit of resignation that he is aware that a summary/reciprocal disciplinary proceeding was initiated on December 10, 2008 pursuant to Rules 7.1, 7.2, 7.3, 7.4, and 7.7 of the Rules Governing Disciplinary Proceedings, 5 O.S. 2001, Ch.1, App. 1-A.

4. The respondent also states that he is aware that on September 12, 2009, a formal complaint was filed by the Bar Association pursuant to Rules 6 and 7.6 of the Rules Governing Disciplinary Proceedings, 5 O.S. 2001, Ch. 1, App. 1-A, alleging violations of Rule 8.4(a), (b) of the Oklahoma Rules of Processional Conduct, 5 O.S. 2001, Ch. 1 App. 3-A and Rule 1.3 of the Rules Governing Disciplinary Proceedings, 5 O.S. 2001, Ch. 1, App. 1-A.

5. The respondent's resignation pending disciplinary proceedings is in compliance with all of the requirements set forth in Rule 8.1, Rules Governing Disciplinary Proceedings, 5 O.S. 2001, Ch. 1, App. 1-A and it should be approved.