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State Ex Rel. Oklahoma Bar Ass'n v. Crabtree

Citations: 907 P.2d 1045; 1995 OK 123; 1995 Okla. LEXIS 144; 1995 WL 648911Docket: SCBD No. 3869. OBAD No. 1087

Court: Supreme Court of Oklahoma; November 7, 1995; Oklahoma; State Supreme Court

Narrative Opinion Summary

In this disciplinary proceeding, an attorney faced disbarment following criminal convictions for bankruptcy fraud, aiding and abetting, and money laundering, all of which were upheld by the Tenth Circuit Court of Appeals. The Oklahoma Bar Association initiated the process for final disciplinary action after the attorney's interim suspension from the practice of law. Despite an opportunity to contest the disbarment through a show cause order, the attorney failed to respond, prompting the Bar Association to recommend disbarment. The Supreme Court of Oklahoma determined that the attorney's criminal conduct constituted irrefutable evidence of professional unfitness, thus discrediting the legal profession. Consequently, disbarment was imposed retroactively from the date of interim suspension. The decision was unanimous, with the exception of a partial dissent by Justice Simms concerning the retroactive enforcement of disbarment, while Justice Opala abstained from participating. This case underscores the severe repercussions of criminal behavior on an attorney's licensure and professional standing.

Legal Issues Addressed

Disbarment for Criminal Conviction

Application: The court applied disbarment as the appropriate disciplinary action due to Crabtree's criminal convictions, which were affirmed on appeal.

Reasoning: Crabtree's conviction, which was affirmed by the Tenth Circuit Court of Appeals, constitutes conclusive evidence of his unfitness to practice law under the disciplinary rules.

Interim Suspension and Final Discipline

Application: Crabtree's interim suspension led to an eventual order for final discipline, as he failed to respond to the show cause order, resulting in his disbarment.

Reasoning: The Oklahoma Bar Association filed for final discipline on July 7, 1995, and the Supreme Court of Oklahoma issued an Order on September 18, 1995, requiring Crabtree to show cause for why he should not be disbarred.

Retroactivity of Disbarment

Application: The court ruled that disbarment would be effective retroactively from the date of interim suspension, with one dissenting opinion regarding this aspect.

Reasoning: The court found that his criminal acts discredited the legal profession and warranted disbarment, effective retroactively from the date of his interim suspension.