IN THE MATTER OF THE REINSTATEMENT OF FRALEY

IN THE MATTER OF THE REINSTATEMENT OF FRALEY
2012 OK 109
Case Number: SCBD-5845
Decided: 12/11/2012

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 GARY BRUCE FRALEY

ORDER

¶1 The petitioner, Gary Bruce Fraley, was stricken from the roll of attorneys on or about September 17, 2007, following his suspension for non-payment of dues. On March 13, 2012, Fraley petitioned this Court for reinstatement as a member of the OBA. A hearing was held before the Professional Responsibility Tribunal, and the panel recommended that Fraley be reinstated. Upon consideration of the matter, and in accordance with Rule 11.5, Rules Governing Disciplinary Proceedings, 5 O.S. 2011, ch.1, app. 1-A, we find:

1) Fraley filed his Petition for Reinstatement on March 13, 2012. A hearing before the PRT was scheduled, and proper notice was given as required by RGDP Rule 11.3.

2) Fraley has established by clear and convincing evidence that he has not engaged in the unauthorized practice of law in the State of Oklahoma.

3) Fraley has established by clear and convincing evidence that he possesses the good moral character which would entitle him to be reinstated to the Oklahoma Bar Association.

4) The PRT did not make a specific finding pertaining to whether Fraley was exempt from retaking the bar examination as required by RGDP Rule 11.5(c). According to RGDP Rule 11.5(c), a party seeking reinstatement after the passage of five years, must retake the bar examination, unless clear and convincing evidence establishes that she/he has maintained legal competency by continued study of the law.

5) The record reflects that Fraley was suspended from the OBA on June 20, 2006 for non-payment of dues. His petition requesting reinstatement was filed on March 13, 2012, more than five years after his suspension.

6) Although he did not practice law after securing OBA licensure in 2002, Fraley worked in complex areas of the financial sector, and he obtained his CFA charter during this time. Fraley's work experience has involved matters with considerable overlap between financial and legal issues. Nevertheless, at the time of the hearing before the PRT, Fraley testified that he had not completed any MCLE since his 2006 suspension, and had only minimally reviewed the Oklahoma Bar Journal.

7) Given the totality of the facts and circumstances in this case, Fraley should successfully complete twelve (12) hours of MCLE, including one (1) hour of legal ethics, prior to his reinstatement to the OBA. Upon completion of the requisite MCLE hours, Fraley will be deemed to have satisfied the competency element of RGDP Rule 11(c).

¶2 IT IS THEREFORE ORDERED that the petition of Gary Bruce Fraley for reinstatement to the Oklahoma Bar Association should be conditionally granted, subject to the requirements set forth herein. Fraley shall pay costs associated with these proceedings in the amount of $539.60 within ninety (90) days of this order. Reinstatement is conditioned upon payment of these costs.

¶3 IT IS FURTHER ORDERED that Fraley shall pay his 2006, 2007, and 2012 Bar Association dues within ninety (90) days from the date of this order. Reinstatement is further conditioned upon payment of these dues.

¶4 IT IS FURTHER ORDERED that Fraley's reinstatement is conditioned upon his successful completion of twelve (12) hours of MCLE, including one (1) hour of ethics. Upon fulfillment of the required MCLE hours, and payment of all costs and outstanding bar dues, Fraley's OBA license shall be reinstated.

¶5 DONE BY ORDER OF THE SUPREME COURT THE 10th DAY OF December, 2012.

/S/CHIEF JUSTICE

ALL JUSTICES CONCUR