IN THE MATTER OF THE REINSTATEMENT OF MUELLER

IN THE MATTER OF THE REINSTATEMENT OF MUELLER
2007 OK 85
Case Number: SCBD-5316
Decided: 11/06/2007

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: DAVID J. MUELLER TO MEMBERSHIP IN THE OKLAHOMA BAR ASSOCIATION AND TO THE ROLL OF ATTORNEYS.

ORDER

¶1 Petitioner David J. Mueller was admitted to the Oklahoma Bar Association on September 28, 2000. Petitioner resided and practiced law in Oklahoma from October, 2000, to April 16, 2006, at the Oklahoma Department of Public Safety, 3600 Martin Luther King Blvd., Oklahoma City, Oklahoma.

¶2 On April 17, 2006, Petitioner became a member of the State Bar of Wisconsin.

¶3 Petitioner voluntarily resigned his membership in the Oklahoma Bar Association by letter dated May 4, 2006, to John Morris Williams, Executive Director of the Oklahoma Bar Association. At the time of his resignation, Petitioner intended to relocate to Wisconsin, his home state, and believed the move would be permanent. Petitioner's name was stricken from the roll of attorneys in Oklahoma on May 11, 2006, by the Oklahoma Supreme Court, as noted in the Oklahoma Bar Journal published that date.

¶4 On June 20, 2007, Petitioner filed his Petition for Reinstatement. An investigation was conducted in accordance with Rule 11 of the Rules Governing Disciplinary Proceedings (RGDP), 5 O.S. 2001, Ch. 1, App. 1-A. On September 7, 2007, a hearing was held via telephonic conference call before a panel of the Professional Responsibility Tribunal (PRT) where sworn testimony was heard from Petitioner. Letters and affidavits were considered and admitted into the record in regard to Petitioner's good moral character, his competency and learning in the law, and his not having engaged in any unauthorized practice of law since the time of his resignation from the Oklahoma Bar Association until the present. See Rule 11.5, RGDP. The Trial Panel of the PRT found by clear and convincing evidence that Petitioner has met the prerequisites for reinstatement, subject to compliance with Mandatory Continuing Legal Education (MCLE) requirements for 2006, if any, and 2007, and the payment of 2007 dues, and unanimously recommended that he be reinstated to membership in the Oklahoma Bar Association.

¶5 Petitioner has not been disbarred from the Oklahoma Bar Association or any other state or federal bar, and has not resigned pending investigation or disciplinary proceedings from the Oklahoma Bar Association or any other state or federal bar, within five (5) years immediately preceding his petition for reinstatement. Petitioner has presented clear and convincing evidence that he is an attorney in good standing in the state Bar of Wisconsin.

IT IS THEREFORE ORDERED that the petition of David J. Mueller for reinstatement to membership in the Oklahoma Bar Association is granted.

IT IS FURTHER ORDERED that reinstatement is conditioned upon: (1) satisfactory evidence of full compliance with 2006 and 2007 MCLE requirements; (2) the payment of 2007 Oklahoma Bar Association dues in the amount of $275.00; and (3) the payment of $201.46 for the costs of these proceedings.

DONE BY ORDER OF THE SUPREME COURT IN CONFERENCE THIS 5TH DAY OF NOVEMBER, 2007.

/S/CHIEF JUSTICE