COMBS, J.
¶ 1 This case was commenced by the Petitioner, Kenneth Lloyd Morgan ("Morgan"), for reinstatement to membership in the Oklahoma Bar Association ("OBA"), following his resignation pending disciplinary proceedings. Rule 11, Rules Governing Disciplinary Proceedings ("RGDP"), 5 O.S. 2011, Ch. 1, App. 1-A.
¶ 2 On December 22, 2007, Morgan and his best friend and law partner, Andre Carolina, were having a few drinks after work. At one point in the evening the two decided to go to a different location. Morgan drove. The record indicates Morgan engaged in drag racing with another vehicle. It is alleged the
¶ 3 On August 11, 2008, Morgan pled nolo contendere to a felony count of manslaughter in the first degree-automobile (
¶ 4 In September 2008, a summary disciplinary grievance was lodged by the General Counsel's Office of the OBA against Morgan pursuant to Rule 7, RGDP.
¶ 5 Morgan filed his Petition for Reinstatement on December 9, 2013, five years and one month from the date of his resignation. A hearing was held before the Trial Panel of the Professional Responsibility Tribunal on March 6, 2014. In addition to Morgan, eleven other persons testified before the Trial Panel. They included partners of the law
¶ 6 It is the nondelegable responsibility of this Court to regulate the practice, ethics, licensure, and discipline of practitioners of the law in this state. In the Matter of the Reinstatement of Munson, 2010 OK 27, ¶ 11, 236 P.3d 96, 100. We consider a petition for reinstatement by a de novo standard of review. In the Matter of the Reinstatement of Otis, 2007 OK 82, ¶ 7, 175 P.3d 357, 361. The applicant for reinstatement bears the heavy burden of showing, by clear and convincing evidence, that reinstatement is warranted. In the Matter of the Reinstatement of Blevins, 2002 OK 78, ¶ 4, 59 P.3d 510, 511. In our determination whether to grant reinstatement we will consider the applicant's compliance with any relevant orders or opinions of this Court in the disciplinary matter as well as compliance with Rule 11, RGDP. We give the Trial Panel's recommendations considerable weight, but this Court is not bound by them. In Matter of Reinstatement of Pacenza, 2009 OK 9, ¶ 7, 204 P.3d 58, 61. This Court determined on a case-by-case basis, carefully weighing all factors. Munson, 2010 OK 27, ¶ 13, 236 P.3d 96.
¶ 7 Our April 14, 2009, Order in State ex rel. Oklahoma Bar Association v. Morgan, 2009 OK 23, 213 P.3d 559, prohibited Morgan from applying for reinstatement prior to the expiration of five years from November 10, 2008. The Order also required him to comply with Rule 9.1, RGDP and to pay costs in the amount of $90.00 to the OBA within ninety days of the Order. As mentioned, Morgan filed his petition after five years from the effective date of his resignation. Rule 9.1, RGDP requires a lawyer who resigns membership pending disciplinary proceedings to notify all of the lawyer's clients having legal business then pending within 20 days of the inability of the lawyer to represent his or her clients and the necessity to seek other counsel. The lawyer is also required to file an affidavit that he or she has complied with the rule. Substantial compliance is a requisite for reinstatement. The record in SCBD 5449 shows Morgan filed his Rule 9.1 affidavit on December 2, 2008, after his interim suspension on November 10, 2008. We find Morgan substantially complied with Rule 9.1, RGDP as ordered. The record also reflects Morgan paid $90.00 to the OBA for costs related to his SCBD 5449 case as required by this Court.
¶ 8 Rules 11.1, 11.4 and 11.5, RGDP, 5 O.S. 2011, Ch. 1, App. 1-A, provide specific requirements for reinstatement.
¶ 9 Rule 11.1, RGDP requires an applicant for reinstatement to attach to the petition an affidavit concerning the applicant's activities since termination and place(s) of residence since that date. The affidavit shall also establish the applicant has not practiced law since termination and he or she shall attach an affidavit of the court clerks of the several counties where the applicant resided during termination establishing the applicant has not practiced law in their respective courts. Additionally, the applicant must reimburse any monies paid out of the Client's Security Fund, pay a fee to cover the expenses of an investigation and the cost of an original and one copy of a transcript of the hearing in connection with his or her application, if one is held. The applicant is also prohibited from petitioning for reinstatement prior to the elapsing of 5 years from the date of resignation pending disciplinary proceedings.
¶ 11 Rule 11.4, RGDP requires an applicant for reinstatement to affirmatively establish, by clear and convincing evidence, that if readmitted the applicant's conduct will conform to the high standards of a member of the Bar. The applicant must also provide stronger proof of his or her qualifications than one seeking admission for the first time. The severity of the offense and the circumstances surrounding it will also be taken into consideration, as well as, whether restitution, if applicable, was made to an injured party. Additionally, the Trial Panel must be satisfied the applicant complied with Rule 9.1, RGDP.
¶ 12 The Trial Panel unanimously found Morgan should be reinstated. Specifically, it found Morgan established by clear and convincing evidence he possessed good moral character sufficient to entitle him to be admitted to the OBA. This decision having come after its consideration of the severity and circumstances surrounding the offense shows the impact the evidence and testimony made on the Trial Panel. Testimony presented showed how remorseful Morgan was for the death of his friend and partner, Andre Carolina. After release from the hospital Morgan immediately went to Andre's widow who forgave him for the incident. The testimony shows Morgan has tried to look after and help the Carolina family and continues to financially help Andre's young daughter. He has kept in contact with the family members who also look after him when he frequently becomes depressed about the loss of Andre. Morgan and others testified he has refused to drink since the accident. After the accident, Morgan has many times voluntarily participated in speaking for the Victims Impact Panel. Testimony reflects he has done this since September 2008 and will whole heartedly continue to do so. Also, since September 2008, he has spoken on behalf of the Tulsa County Crash Court Program which holds sessions at high schools. Additionally, he has attended counseling sessions through Lawyers Helping Lawyers.
¶ 13 The Trial Panel found Morgan had not practiced law since his resignation. Although the Report of the Trial Panel did not make a specific finding concerning Morgan's qualifications, it determined Morgan had complied with "Rules 11, 1-11.4."
¶ 14 In the August 11, 2008, Order of Deferred Sentence, a restitution hearing was set for February 9, 2009. However, the restitution
¶ 15 As mentioned previously, the record reflects Morgan complied with Rule 9.1, RGDP. In addition, testimony showed not only did Morgan handle his own client matters but he diligently made sure Andre's clients found new representation.
¶ 16 Rule 11.5, RGDP, requires the Trial Panel to make specific findings concerning the applicant's moral character, whether the applicant practiced law after resignation, and whether the applicant possesses the competency and learning for admission to practice law. In addition, if the applicant had been suspended or terminated from the practice of law for 5 years or longer, he or she will be required to pass the regular examination of the Board of Bar Examiners unless the applicant can show by clear and convincing evidence he or she has maintained competency.
¶ 17 The report of the Trial Panel made a specific finding that Morgan possessed good moral character sufficient to be admitted to the OBA. The Trial Panel also specifically found Morgan had not engaged in the practice of law since his resignation. Again, although the report did not make a specific finding as to Morgan's qualifications to practice law, the Trial Panel recommended his reinstatement.
¶ 18 It appears from the record Morgan has complied with the requirements of Rule 11, RGDP.
¶ 19 We have additionally adopted consideration of the following factors when reviewing a petition for reinstatement: 1) the applicant's present moral fitness; 2) demonstrated consciousness of the conduct's wrongfulness and the disrepute it has brought upon the legal profession; 3) the extent of rehabilitation; 4) the original misconduct's seriousness; 5) conduct after resignation; 6) time elapsed since the resignation; 7) the applicant's character, maturity, and experience when suspended; and 8) the applicant's present legal competence. In the Matter of the Reinstatement of Munson, 2010 OK 27, ¶ 13, 236 P.3d 96, 101.
¶ 20 Ms. Carolina testified she believed Morgan was one of the most loyal and trustworthy people she knew and it was her desire for him to be reinstated to practice law. She testified Morgan was always there for her family and she did not foresee that this would change. Steve Kunzweiler, the prosecutor on Morgan's criminal case, also testified that Morgan demonstrated the requisite moral fitness to be an attorney. Since his resignation Morgan has repeatedly volunteered with the Victims Impact Panel and other organizations to help prevent others from drinking and driving. He has completely refrained from drinking and has sought counseling. In his testimony Morgan expressed his understanding of the seriousness of his crime and the disrepute it has brought upon the legal profession. He has also continued to keep abreast of current legal matters through his work, reading the bar journal and continuing legal education courses. Morgan further exhibited maturity in not only how he handled his case load after his suspension but how he took care of Andre's case load to ensure Andre's clients would have representation.
¶ 22 The OBA filed an Application to Assess Costs in the prosecution of this matter pursuant to Rule 11.1(c), RGDP in the amount of $1,229.66. The application is granted.
¶ 23 Based on our review of this matter, we find the record shows by clear and convincing evidence Kenneth Lloyd Morgan has met the prerequisites for reinstatement. Kenneth Lloyd Morgan is hereby reinstated to membership in the Oklahoma Bar Association and his name shall be placed on the Roll of Attorneys licensed to practice law in the State of Oklahoma. He shall further pay to the OBA the amount of $1,229.66 for costs incurred in the prosecution of this case within ninety (90) days from the date of this opinion. In addition, because this opinion was decided so late in the calendar year, Morgan shall not be required to pay bar dues for 2014 or be required to take further CLE for 2014.
¶ 24 COLBERT, C.J., REIF, V.C.J, KAUGER, WATT, WINCHESTER, EDMONDSON, COMBS and GURICH, JJ., concur.
¶ 25 TAYLOR, J., dissents.