State Ex Rel. Oklahoma Bar Association v. Keen

[1] Respondent attorney was convicted of the felonious crime of Knowingly Concealing Stolen Property in the District Court of Tulsa County, Oklahoma, and sentenced to a term of one year in the county jail and a fine of $500.00 in accordance with a jury verdict.

[2] No appeal was perfected from the judgment and sentence, and the conviction has become final. In fact, the sentence has been executed.

[3] Pursuant to the Rules Governing the Oklahoma Bar Association, the Association filed with this Court a copy of the Information, and a certified copy of the Judgment of Conviction, and gave Notice to Respondent to appear and Show Cause, if any he had, why he should not be disciplined. See: 5 O.S. 1971, Ch. 1-App. 1, Art. 10, Sec. 4(b) and (c).

[4] At the Show Cause Hearing before this Court, Respondent personally appeared with counsel, and stipulated that the conviction had become final; that the offense involved "moral turpitude"; acknowledged that he was subject to disciplinary proceedings; and informed the Court that following the conviction by jury, he had voluntarily suspended himself from the practice of law.

[5] Respondent further waived any claim of right under 5 O.S., Ch. 1-App. 1, Art. 10, Sec. 4(d) to submit a certified copy of the transcript taken in the trial tribunal. Respondent did not offer any evidence in mitigation, other than to maintain his innocence of the charge.

[6] The record clearly shows that both procedural and substantive due process requirements have been met.

[7] Complainant and Respondent both waived the filing of briefs, therefore, the only issue before this Court is the nature of discipline to be imposed upon Respondent.

[8] In State of Oklahoma ex rel. Oklahoma Bar Association v.Seeyle, Okla., 490 P.2d 1095, it was held that:

"This Court will order a member of the Oklahoma Bar Association disbarred where such member has been convicted of a felony involving moral turpitude and the judgment of conviction has been affirmed on final appeal."

[9] There is no question as to the finality of the conviction in the instant case. No issue having been raised as to the conviction involving a crime of "moral turpitude"; *Page 1134 and no evidence in mitigation having been offered; it is the Order of this Court that Respondent, Walter Edmund Keen, BE DISBARRED.

[10] Notice of the decision herein arrived at shall be given by the Chief Justice to the Respondent and the Oklahoma Bar Association in accordance with 5 O.S. 1971, Ch. 1-App. 1, Art. 10, Sec. 16(c).

[11] RESPONDENT DISBARRED.

[12] DAVISON, LAVENDER, BARNES and DOOLIN, JJ., concur.

[13] WILLIAMS, C.J., HODGES, V.C.J., and IRWIN and BERRY, JJ., concur in results.