STATE ex rel. OKLAHOMA BAR ASSOCIATION v. McCOY

STATE ex rel. OKLAHOMA BAR ASSOCIATION v. McCOY
2010 OK 42
Case Number: SCBD-5592; OBAD-1806
Decided: 06/01/2010

THE SUPREME COURT OF THE STATE OF OKLAHOMA

FOR PUBLICATION IN OBJ ONLY. NOT RELEASED FOR OFFICIAL PUBLICATION.

STATE OF OKLAHOMA, ex rel., OKLAHOMA BAR ASSOCIATION, Complainant,
v.
GLOYD LYNN McCOY, Respondent.

ORDER OF INTERIM SUSPENSION

The complainant, Oklahoma Bar Association (Bar Association), filed an application for an order of interim suspension on April 28, 2010. The request notes the respondent, Gloyd Lynn McCoy (McCoy/attorney), has been disbarred by the United States Court of Appeals for the Tenth Circuit. The other grounds for the request stem from the attorney's contentions throughout disciplinary proceedings that he suffers from debilitating depression making him mentally incapable of the practice law and what appears to be his continued practice of law despite the allegations that he is not fit to do so.

On May 17, 2010, the attorney filed an agreement to the interim suspension. McCoy sought to limit the suspension to allow him to preserve one cause by filing a petition in error and to obtain substitute counsel in three pending appeals.

Upon consideration of the application for order of interim suspension and the agreement thereto, THE COURT DETERMINES:

1) The attorney was disbarred by the Tenth Circuit on March 5, 2010. Rule 7.7, Rules Governing Disciplinary Proceedings, 5 O.S. 2001, Ch. 1, App. 1-A.

2) Throughout related disciplinary proceedings, the attorney has maintained that he is personally incapable of practicing law. Rule 10.1, Rules Governing Disciplinary Proceedings, 5 O.S. 2001, Ch. 1, App. 1-A.