Daniel, Application of, 1650

• Decision Date: 17 September 1957
• Docket Number: No. 1650,1650
• Citation: 315 P.2d 789,70 A.L.R.2d 265
• Parties: , 1957 OK 199 In re Application of J. T. DANIEL for Readmission to the Bar.
• Court: Oklahoma Supreme Court

Page 789

315 P.2d 789

70 A.L.R.2d 265, 1957 OK 199

In re Application of J. T. DANIEL for Readmission to the Bar.

No. 1650.

Supreme Court of Oklahoma.

Sept. 17, 1957.

Syllabus by the Court

1. An application for readmission to the Bar is addressed to the sound discretion of the Supreme Court.

2. This court has adopted no harsh rule with reference to reinstatement to the practice of law of disbarred attorneys, but will in every instance base its conclusions and judgment upon the particular facts and circumstances involved in the case, and will at all times, where the evidence is clear, cogent and convincing, render such judgment as to the court seems proper.

3. It is a well recognized rule of law that the proper method and manner of establishing the character and trustworthiness of one seeking reinstatement to the Bar is by presentation of recommendations and statements of those who are in a position to know and judge the petitioner.

Application of J. T. Daniel for reinstatement to the practice of law. Reinstatement granted.

Ivy, Ivy & Ivy, Waurika, for applicant.

WILLIAMS, Justice.

The matter herein presented involves the petition of J. T. Daniel for reinstatement as a member of the Bar of this state.

Application was admitted to the practice of law June 20, 1924, having taken the Bar examination. He remained a member of the Bar in good standing until January 28, 1944, at which time he was disbarred by order of this court in the case of State of Oklahoma ex rel. Oklahoma Bar Association v. J. T. Daniel, S.C.B.D. No. 702. Such disbarment resulted from applicant's having been convicted, on a plea of nolo contendere, of violation of U.S.C., Title 26, Sec. 145, income tax evasion, in the District Court of the United States for the Western District of Oklahoma. Following such conviction, applicant served approximately eight months in the Federal Reformatory, at El Reno, Oklahoma, and was then paroled, and thereafter was granted a full and unconditional pardon by the President of the United States.

On February 9, 1957, applicant filed his petition for reinstatement with the State Bar Association. Such petition was thereafter referred to the Grievance Committee for District No. 20, for the purpose of investigation and recommendation. The chairman of such Grievance Committee conducted a personal investigation of the matter, as did an employee of the Oklahoma Bar Association, and reports of both investigations were submitted to such committee for its consideration. Such committee also conducted a hearing at which applicant appeared and was examined under oath. The members of such committee concluded that applicant's conduct since his disbarment has been such as to merit his readmission to the Oklahoma State Bar and they therefore unanimously recommended such readmission. When applicant's petition was considered by the Executive Council of the Oklahoma Bar Association, such Council by divided vote refused to recommend approval of the application. The entire matter has now been referred to this court in accordance with Article 6, Sec. 9, of the Rules Creating, Controlling and Regulating the Oklahoma Bar Association.

Attached to application's petition are numerous letters and statements from citizens of this state, including many members of the Bar, local officials, state officials, judges, and business and...