State ex rel. Oklahoma Bar Ass'n v. Foster, No. SCBD-4401.

CourtSupreme Court of Oklahoma
Writing for the CourtSUMMERS, C.J., LAVENDER, KAUGER, WATT, and BOUDREAU, JJ., concur.
Citation2000 OK 4,995 P.2d 1138
PartiesSTATE of Oklahoma, ex rel. OKLAHOMA BAR ASSOCIATION, Complainant, v. Robert L. FOSTER, Respondent.
Decision Date18 January 2000
Docket NumberNo. SCBD-4401.

995 P.2d 1138
2000 OK 4

STATE of Oklahoma, ex rel. OKLAHOMA BAR ASSOCIATION, Complainant,
v.
Robert L. FOSTER, Respondent

No. SCBD-4401.

Supreme Court of Oklahoma.

January 18, 2000.

As Corrected January 19, 2000.


995 P.2d 1139
ORDER

¶ 1 On November 23, 1998, the complainant, Oklahoma Bar Association (Bar Association), charged the respondent, Robert L. Foster (attorney), with a single count of professional misconduct. The Bar Association alleged violation of Rule 1.3, Rules Governing Disciplinary Proceedings, 5 O.S.1991, Ch. 1, App. 1-A, and of Rule 8.4(b), Rules of Professional Conduct, 5 O.S.1991, Ch. 1, App. 3-A. All allegations relate to the attorney having entered a plea of nolo contendre on June 4, 1998, to the charge of assault with the intent to commit a felony and the imposition of a five-year deferred sentence. The information relating to the plea provides that the attorney unlawfully, wilfully, and feloniously touched A.M., a minor child under the age of eighteen (18) years, with the intent to commit the felony of procuring obscene and indecent photographs in violation of 21 O.S. Supp. 1996 § 1021.2. On September 3, 1998, an order was entered deferring sentence until July 28, 2003. The only issue before the Court involves the respondent's viewing of the minor's breasts and inappropriate comments made to the minor following the incident.

¶ 2 On August 31, 1999, a hearing was held before the Professional Responsibility Tribunal (trial panel) at which the Bar Association and the attorney presented agreed findings of fact and conclusions of law with a recommendation that the attorney be privately reprimanded and that costs be imposed. The agreed facts and the testimony before the trial panel reveal that the incident giving rise to the criminal charges involved the attorney viewing A.M.'s breasts and subsequently making an inappropriate comment in which the attorney indicated to A.M. that she had nice breasts and that they should be photographed.1 On September 30, 1999, the trial panel issued its findings of fact and conclusions of law endorsing the parties' agreed recommendation of discipline.

¶ 3 Having reviewed the complaint, the response, the stipulations of law and of fact, the transcript of the proceeding, along with the trial panel's recommendation and the joint brief of the parties on appeal, we determine that:

995 P.2d 1140
1. The attorney committed acts of a sexual nature condemned by this Court as violations of the Rules of Professional Conduct, 5 O.S.1991, Ch. 1, App. 3-A and the Rules Governing Disciplinary Proceedings, 5 O.S.1991, Ch. 1, App. 1-A. See, State ex rel. Oklahoma Bar Ass'n v. Copeland, 1994 OK 21, ¶¶ 4-5, 870 P.2d 776 [Taking advantage of attorney-client relationship by offensively touching
...

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20 practice notes
  • State ex rel. Okla. Bar Ass'n v. Miller, Case Number: SCBD-5732
    • United States
    • Supreme Court of Oklahoma
    • June 25, 2013
    ...The client indicated she attempted to find new counsel but was unable to afford their fees.]; State ex rel. Oklahoma Bar Ass'n v. Foster, 2000 OK 4, 995 P.2d 1138 [Attorney entered a plea of nolo contendre to the charge of assault with the intent to commit a felony and the imposition of a f......
  • State ex rel. Okla. Bar Ass'n v. Layton, Case Number: SCBD-6018
    • United States
    • Supreme Court of Oklahoma
    • March 25, 2014
    ...The client indicated she attempted to find new counsel but was unable to afford their fees.]; State ex rel. OklahomaBar Ass'n v. Foster, 2000 OK 4, 995 P.2d 1138 [Attorney entered a plea of nolo contendre to the charge of assault with the intent to commit a felony and the imposition of a fi......
  • State v. Miller, No. SCBD–5732.
    • United States
    • Supreme Court of Oklahoma
    • June 28, 2013
    ...The client indicated she attempted to find new counsel but was unable to afford their fees.]; State ex rel. Oklahoma Bar Ass'n v. Foster, 2000 OK 4, 995 P.2d 1138 [Attorney entered a plea of nolo contendre to the charge of assault with the intent to commit a felony and the imposition of a f......
  • Attorney Grievance v. Thompson, Misc. Subtitle AG No. 16
    • United States
    • Court of Appeals of Maryland
    • December 17, 2001
    ...N.E.2d 454 (Ind.1990); In re Fierro, 254 Kan. 919, 869 P.2d 728 (1994); In re Wilson, 251 Kan. 252, 832 P.2d 347 (1992); State v. Foster, 995 P.2d 1138 (Okla.2000); In re Richardson, 328 S.C. 161, 492 S.E.2d 788 (1997), interpreting their version of Rule 8.4(b) as including the kind of cond......
  • Request a trial to view additional results
20 cases
  • State ex rel. Okla. Bar Ass'n v. Miller, Case Number: SCBD-5732
    • United States
    • Supreme Court of Oklahoma
    • June 25, 2013
    ...The client indicated she attempted to find new counsel but was unable to afford their fees.]; State ex rel. Oklahoma Bar Ass'n v. Foster, 2000 OK 4, 995 P.2d 1138 [Attorney entered a plea of nolo contendre to the charge of assault with the intent to commit a felony and the imposition of a f......
  • State ex rel. Okla. Bar Ass'n v. Layton, Case Number: SCBD-6018
    • United States
    • Supreme Court of Oklahoma
    • March 25, 2014
    ...The client indicated she attempted to find new counsel but was unable to afford their fees.]; State ex rel. OklahomaBar Ass'n v. Foster, 2000 OK 4, 995 P.2d 1138 [Attorney entered a plea of nolo contendre to the charge of assault with the intent to commit a felony and the imposition of a fi......
  • State v. Miller, No. SCBD–5732.
    • United States
    • Supreme Court of Oklahoma
    • June 28, 2013
    ...The client indicated she attempted to find new counsel but was unable to afford their fees.]; State ex rel. Oklahoma Bar Ass'n v. Foster, 2000 OK 4, 995 P.2d 1138 [Attorney entered a plea of nolo contendre to the charge of assault with the intent to commit a felony and the imposition of a f......
  • Attorney Grievance v. Thompson, Misc. Subtitle AG No. 16
    • United States
    • Court of Appeals of Maryland
    • December 17, 2001
    ...N.E.2d 454 (Ind.1990); In re Fierro, 254 Kan. 919, 869 P.2d 728 (1994); In re Wilson, 251 Kan. 252, 832 P.2d 347 (1992); State v. Foster, 995 P.2d 1138 (Okla.2000); In re Richardson, 328 S.C. 161, 492 S.E.2d 788 (1997), interpreting their version of Rule 8.4(b) as including the kind of cond......
  • Request a trial to view additional results

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