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State ex rel. Oklahoma Bar Ass’n v. Bourne, 880 P.2d 360, 1994 OK 78

Facts

The Bar Association filed a complaint against Mark Alan Bourne, alleging unprofessional conduct during his employment with American Collection Services, Inc. (A.C.S.). Bourne handled approximately 350 cases, signing petitions and taking judgments against debtors. Issues arose when it was discovered that judgments were taken for amounts greater than owed, and some judgments were entered against individuals who were not liable for the debts. Despite these issues, the Bar acknowledged that no debtors paid more than what was owed and that Bourne had attempted to rectify the problems as they arose.

The Bar Association (Bar) filed a complaint against Mark Alan Bourne (the respondent) alleging that he had engaged in unprofessional conduct. The three members of the Professional Responsibility Tribunal accepted and approved the stipulated findings of fact and the conclusion of law subsequent to the hearing before the tribunal.

Issue

Whether the respondent, Mark Alan Bourne, committed professional misconduct by engaging in conduct that is prejudicial to the administration of justice.

The issue before us is whether under the stipulated facts, the respondent has committed professional misconduct by engaging in conduct that is prejudicial to the administration of justice.

Rule

Rule 8.4(d) of the Rules of Professional Conduct states that it is professional misconduct for a lawyer to engage in conduct that is prejudicial to the administration of justice.

Rule 8.4(d) provides: 'It is professional misconduct for a lawyer to: … (d) engage in conduct that is prejudicial to the administration of justice….'

Analysis

The court analyzed the stipulated facts and determined that the Bar did not provide sufficient evidence to show that Bourne's conduct was prejudicial to the administration of justice. Although there were instances of improper judgments and service of process, the court found that Bourne had acted in reliance on his client, A.C.S., and had attempted to correct issues as they arose. The court concluded that the respondent's actions did not demonstrate a neglectful attitude or a serious interference with the administration of justice.

The Bar did not cite case law, statute, or court rule to show why the conduct of the respondent in the cause before us should be found to be prejudicial to the administration of justice. The Bar waived filing a brief-in-chief, opting instead to urge this Court to accept the Stipulated Findings of Fact and Conclusions of Law With Agreed Recommendation of Discipline.

Conclusion

The Supreme Court dismissed the complaint against Mark Alan Bourne, concluding that he did not commit professional misconduct as alleged by the Bar Association.

Accordingly, the complaint is DISMISSED. The Bar's Motion to Assess Costs is DENIED.

Who won?

Mark Alan Bourne prevailed in the case because the court found that his actions did not constitute professional misconduct or serious interference with the administration of justice.

The Supreme Court held that attorney Mark Alan Bourne did not commit professional misconduct as alleged by the Bar Association.

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