Reinstatement of Crabtree, Matter of, 3638

• Decision Date: 30 May 1990
• Docket Number: No. 3638,3638
• Citation: 793 P.2d 296,1990 OK 49
• Parties: In the Matter of the REINSTATEMENT OF Edwin H. CRABTREE, III to Membership in the Oklahoma Bar Association and to the Roll of Attorneys. SCBD
• Court: Oklahoma Supreme Court

Page 296

793 P.2d 296

1990 OK 49

In the Matter of the REINSTATEMENT OF Edwin H. CRABTREE, III

to Membership in the Oklahoma Bar Association and

to the Roll of Attorneys.

SCBD No. 3638.

Supreme Court of Oklahoma.

May 30, 1990.

Petition For Reinstatement Granted.

Thomas R. Riesen, Oklahoma City, for Oklahoma Bar Ass'n.

Edwin H. Crabtree, Denver, Colo., pro se.

SUMMERS, Justice:

This is an application for reinstatement of an attorney who was suspended from the practice of law after being convicted of federal income tax evasion. The Professional Responsibility Tribunal unanimously recommended that the attorney be reinstated. The Oklahoma Bar Association joins in that recommendation. We agree and order reinstatement.

Edwin H. Crabtree, III, was admitted to the Oklahoma Bar Association in April, 1973. He was also admitted to the United States Patent and Trademark Office. From 1973 to 1986 his practice of law concentrated on the area of patents and trademarks. In 1986 Crabtree was convicted of income tax evasion in violation of 26 U.S.C. § 7201, and sentenced to three years incarceration. After the conviction he was suspended from the practice of law for three years, effective August 11, 1986, by order of this Court. See State ex. rel Oklahoma Bar Ass' v. Crabtree, S.C.B.D. # 3346, O.B.A.D. # 740.

At the hearing on reinstatement, the panel determined that except for this suspension, petitioner had not been disbarred from the Oklahoma Bar Association, or any other state or federal bar association. Nor had he resigned from any other bar association pending investigation or disciplinary proceedings in the past five years. After his release from incarceration petitioner has continued his legal education by working as a paralegal for two different lawyers, and by attending several different seminars for CLE credit. At the hearing two attorneys testified as character witnesses on his behalf. Both attorneys felt that petitioner had straightened out his past problems and was competent to practice law.

Upon questioning, the panel determined that petitioner had fully satisified his financial obligation to the Internal Revenue Service including penalties and interest, and that he is currently making provision for repayment to the state of Kansas if it is determined that he has liability in that state. The panel also found that there was no evidence to suggest that petitioner does not presently possess good moral character, nor had practiced law during the period of suspension.

We have exclusive original jurisdiction over petitions for reinstatement, In re Reinstatement of Elias, 759 P.2d 1021, 1022 (Okla.1988), and make an independent review of the evidence submitted to the trial panel. In re Reinstatement of Floyd, 775 P.2d 815, 816 (Okla.1989). Upon review, we must consider: (1) the present moral fitness of the...