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In re Reinstatement of Bradley9/14/1993
The opinion of the court was delivered by: WATT, Justice.
On November 25, 1987, Kenneth E. Bradley was disbarred and his name stricken from the roll of attorneys of the Oklahoma Bar Association. State ex rel. Oklahoma Bar Ass'n v. Bradley, 746 P.2d 1130 (Okla. 1987). Bradley petitioned this Court for reinstatement on December 29, 1992. Following a hearing, a trial panel of the Professional Responsibility Tribunal unanimously recommended that Bradley's petition be denied. After de novo review, we deny Bradley's petition for reinstatement.
In reinstatement proceedings, this Court does not sit in review of the trial panel's recommendations. Rather, we sit in exercise of our exclusive original jurisdiction in matters involving the licensing of attorneys. Matter of Reinstatement of Kamins, 752 P.2d 1125, 1129 (Okla. 1988). Our determinations in disciplinary matters are made de novo. No presumption of correctness attaches to the findings or conclusions of the panel, and neither findings of fact of the panel nor its view of the weight of the evidence or credibility of the witnesses is binding on this Court. State ex rel. Oklahoma Bar Ass'n v. Miskovsky, III, 824 P.2d 1090, 1093 (Okla. 1991).
The burden of proof in reinstatement proceedings is on the applicant and has been characterized as "a heavy one." Matter of Reinstatement of Kamins, 752 P.2d at 1129. Rule 11.4 of the Rules Governing Disciplinary Proceedings, 5 O.S. 1991, Ch. 1, App. 1-A, sets forth the standard of proof for reinstatement proceedings:
An applicant for reinstatement must establish affirmatively that, if readmitted . . ., the applicant's conduct will conform to the high standards required of a member of the Bar. The severity of the original offense and the circumstances surrounding it shall be considered in evaluating an application for reinstatement. The burden of proof, by clear and convincing evidence, in all such reinstatement proceedings shall be on the applicant. An applicant seeking such reinstatement will be required to present stronger proof of qualifications than one seeking admission for the first time. The proof presented must be sufficient to overcome the Supreme Court's former judgment adverse to the applicant. Feelings of sympathy toward the applicant must be disregarded. If applicable, restitution, or the lack thereof, by the applicant to an injured party will be taken into consideration by the Trial Panel on an application for reinstatement.
Further, if applicable, the Trial Panel shall satisfy itself that the applicant complied with Rule 9.1 of these Rules.
Disciplinary Proceeding Rule 11.5 requires the trial panel to make the following findings of fact: (a) whether the applicant possesses the good moral character entitling him to be admitted to the Bar, (b) whether he has engaged in any unauthorized practice of law during the period of disbarment, and (c) whether he possesses the competency and learning in the law necessary for admission. In examining the evidence, this Court considers the following factors: (1) the present moral fitness of the applicant, (2) the applicant's demonstrated consciousness of the wrongful conduct and disrepute such conduct has brought on the profession, (3) the extent of the applicant's rehabilitation, (4) the seriousness of the original misconduct, (5) the applicant's conduct subsequent to the discipline, (6) the time which has elapsed since the original discipline, (7) the character, maturity and experience of the applicant at the time of discipline, and (8) the applicant's present competence in legal skills. Matter of Clifton, 787 P.2d 862, 863 (Okla. 1990). With these
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