MEMORANDUM OPINION
DOOLIN, Vice Chief Justice.
This is the second application of the respondent, Carroll Samara for reinstatement to practice law. See, State ex rel. OBA v. Samara, 683 P.2d 979 (Okl.1984).
Respondent was convicted on August 29, 1979 of a felony, making and subscribing a false tax return and attempting to evade and defeat income tax.
On October 28, 1980 respondent was completely and absolutely suspended from practice of law and the order of October 9, 1979 was withdrawn and vacated. Respondent commenced serving his sentence on the day following and on November 4, 1980 we entered our final order of discipline and the respondent was suspended from practice of law until October 27, 1984. The order of October 28, 1980 provided that in the event respondent be discharged by probation prior to October 27, 1984 and the proceedings in the Federal Court for the Western District of Oklahoma be terminated, the respondent may apply for reinstatement.
The respondent applied for reinstatement, and as set out in State ex rel OBA v. Samara,
Before going to the present application for reinstatement we deem it significant to point out that in the order of November 4, 1982 taking final disciplinary action against respondent that he was admonished to:
Turning to the second application at hand.
Although the Trial Panel of the present Professional Responsibility Tribunal unamimously recommend reinstatement and finds the respondent, 1) possesses good moral character, 2) has not engaged in the practice of law, and 3) possesses competency and learning required for admission; we are unconvinced.
We quote from State ex rel. OBA v. Samara, supra, p. 983:
Although the evidence in the record is contested and conflicting in part, we believe that it established the respondent had:
This Court under 5 O.S.1981, Ch. 1 App. 1-A, 6.15 may:
The Supreme Court in Kansas in State v. Schumacher, 519 P.2d 1116 (1974)
Likewise our review of a Trial Panel's report is not limited to weighing of the evidence or sustaining on basis of substantial evidence from a record, for 5 O.S.1981, Ch. 1, App. 1-A, § 11.6 provides this Court "... may take such action as it deems appropriate based upon the record and the Trial Panel's report...."
In State ex rel OBA v. Samara, supra, we held:
We find it unnecessary to prolong or consider other points raised by the respondent for we find he has continued to practice law since his original suspension in October of 1979.
REINSTATEMENT DENIED.
SIMMS, C.J., HARGRAVE and KAUGER, JJ., and MEANS and REIF, Special Judges, concur.
HODGES, LAVENDER and SUMMERS, JJ., dissent.
[MEANS and REIF, Special Judges, appointed in place of OPALA and WILSON, JJ., who disqualified.]
FootNotes
1. Use of letterheads with the suspended attorney's name thereon, after suspension,
2. Listing of suspended attorney's name in telephone directories.
3. Consulting with parties to a lawsuit. See also, State ex rel. Patton, Atty. Gen v. Marron, 22 N.M. 632, 167 P. 9 (1917); In re Phillips, 64 Mont. 492, 210 P. 89 (Mont.1922); People v. Humbert, 86 Colo. 426, 282 P. 263 (Colo.1929); State ex rel. Nebraska State Bar v. Butterfield, 172 Neb. 645, 111 N.W.2d 543 (1961); In re Hawkins, 81 Wn.2d 504, 503 P.2d 95 (1972).
With reference to our category 4 in paragraph preceeding, particularly in reference to engaging in much more than clerical work while working for other licensed attorneys, see, Crawford v. State Bar of Calif., 54 Cal.2d 659, 7 Cal.Rptr. 746, 355 P.2d 490 (1960); In re Bodkin, 21 Ill.2d 458, 173 N.E.2d 440 (1961).
Schumacher also points out that lack of intent to practice law by a suspended attorney is ordinarily no defense in a reinstatement matter. 17 CJS Contempt No. 42 summarizes the rule. Schumacher teaches us at page 1125:
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