IN THE MATTER OF THE REINSTATEMENT OF WILLIAMS

IN THE MATTER OF THE REINSTATEMENT OF WILLIAMS
2006 OK 19
Case Number: SCBD-5O94
Decided: 03/28/2006

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 STEPHEN MARK WILLIAMS TO MEMBERSHIP IN THE OKLAHOMA BAR ASSOCIATION AND TO THE ROLL OF ATTORNEYS.

ORDER

¶1 This matter is before the Court pursuant to Rule 11, Rules Governing Disciplinary Proceedings, 5 O.S.2001, Ch. 1, App. 1-A (RGDP), as amended, for consideration of petitioner, Stephen Mark Williams' petition for reinstatement to membership in the Oklahoma Bar Association (OBA). After the petition was filed, the matter was investigated by the OBA through its Office of General Counsel and the OBA recommends favorable treatment of the petition by this Court. The matter was heard by a trial panel of the Professional Responsibility Tribunal (PRT) in December 2005. On December 15, 2005 the PRT filed a report with this Court recommending the petition be granted. On January 5, 2006 the OBA and petitioner filed a joint brief and waiver of further briefs with this Court.

¶2 Upon consideration of the matter we find the record submitted to us shows by clear and convincing evidence the following:

1. Petitioner is a graduate of the University of Oklahoma College of Law. He was admitted to OBA membership and licensed to practice law in the State of Oklahoma in September 1975.

2. After about three years (September 1975 to October 1978) working for an oil company in Ohio, petitioner resided in Oklahoma from late 1978 until about November 1986, either practicing law or working in the tax field. He moved to California in or about November 1986 and has resided there since that time. He has been employed by the Walt Disney Company since November 1986; his current position being Vice President, Tax Planning. He has never practiced law in California and until the year 2000 he maintained his standing as a member of the OBA. However, in 2000 he was suspended for failure to pay his OBA dues and in 2001 he was stricken from the OBA membership rolls and from the practice of law in Oklahoma for non-payment of his 2000 dues.

3. Neither at the time of his suspension for non-payment of OBA dues in 2000 nor in 2001, when he was stricken from the OBA membership rolls and from the practice of law in Oklahoma for failure to pay his 2000 dues, had petitioner been the subject of any attorney disciplinary investigation or proceeding.

4. Petitioner now desires to reinstate his Oklahoma law license.

5. Petitioner possesses the good moral character entitling him to be admitted to the OBA.

6. Petitioner has not engaged in the unauthorized practice of law in Oklahoma or any other State during the period of his suspension for non-payment of dues or since he was stricken from the OBA membership rolls in 2001 for failure to pay his 2000 OBA dues.

7. Petitioner has shown he has kept abreast of developments in the law and possesses the competency and learning in the law required for admission to practice law in Oklahoma. Petitioner is not required to retake the Oklahoma Bar Examination as a condition to reinstatement.

8. Petitioner has not filed a petition for reinstatement to the OBA during the one year period immediately preceding the instant petition's date.

9. Petitioner's petition for reinstatement should be approved.

10. The OBA has incurred costs in this matter in the amount of $339.90 and the OBA is entitled to be reimbursed for these costs by petitioner.

¶3 In that petitioner has met his burden of proof to show, by clear and convincing evidence, each of the prerequisites to reinstatement found in Rule 11.5, RGDP, it is ORDERED that petitioner, Stephen Mark Williams, be reinstated to membership in the Oklahoma Bar Association and that his name be reinstated to the Roll of Attorneys licensed to practice law in the State of Oklahoma.

¶4 It is also ORDERED that petitioner shall pay to the OBA: (1) the costs of this proceeding in the amount of $339.90; (2) the amount of $900.00, representing the amount of outstanding/delinquent dues and late penalty charges owed to the OBA for 2000 and 2001; and (3) current year membership dues of $275.00. These amounts are ORDERED to be paid within twenty (20) days from the date this Order is filed with the Clerk of this Court.

¶5 It is also ORDERED that reinstatement is conditioned upon petitioner's payment to the OBA of the amounts specified above.

¶6 DONE IN CONFERENCE BY ORDER OF THE SUPREME COURT THIS 27th DAY OF MARCH, 2006.

/S/CHIEF JUSTICE

¶7 WATT, C.J., WINCHESTER, V.C.J., LAVENDER, HARGRAVE, OPALA, EDMONDSON, TAYLOR and COLBERT, JJ., concur.

¶8 KAUGER, J., concurs in result.

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