On Monday, January 30, 2023, the Supreme Court of the State of Oklahoma ruled on the application to approve the resignation of Texas Attorney Kenneth Shane Walker from the Oklahoma Bar Association pending disciplinary charges of professional misconduct.
The case is styled State of Oklahoma ex rel. Oklahoma Bar Association v. Kenneth Shane Walker and was brought by the former under SCBD No. 6960 (cons. w/ SCBD 7327).
The charges cited Rules 1.4, 7.1, 8.4(a), and 8.4(d) of the Oklahoma Rules of Professional Conduct.
The Oklahoma Rules of Professional Conduct can be found on Oklahoma Bar Association’s website.
The Oklahoma Bar filed before the Court an application to approve Walker’s resignation from the state bar despite two pending disciplinary proceedings namely SCBD 6950 and SCBD 7327.
The filing states:
“On July 1, 2020, the Complainant instigated disciplinary proceedings against the Respondent pursuant to Rule 6, RGDP, case number 6960. The complaint was based upon the Respondent’s representation of Dawn Farmborugh. The respondent was hired to represent Fambrough in a class action lawsuit. Upon settlement of the lawsuit, Respondent was accused of not paying the correct amount to the client. He was also accused of not properly safeguarding funds, providing false and misleading documents regarding his case, dishonesty in his representation of his client, making misrepresentations to the Oklahoma Bar Association, and failure to communicate properly with his client.”
The filing continues:
“A complaint had also been filed in Texas concerning the same client and issues. A hearing in SCBD 6960 was stayed pending the Texas disciplinary proceedings. The respondent was ultimately suspended from the practice of law in Texas for ten years beginning on June 24, 2021. The Respondent appealed the suspension on August 20, 2021.”
The filing additionally notes:
“His Texas appeal was later dismissed on August 24, 2021.”
Walker’s name was stricken from the roll of attorneys in Oklahoma on October 4, 2021, for failure to pay bar dues.
Moreover, according to the filing, Walker failed to self-report his Texas suspension to the Oklahoma Bar Association’s General Counsel’s office, as required by Rule 7.7 RGDP.
Prior to any hearing conducted by the Professional Responsibility Tribunal, Walker sought resignation from the state bar pending the two above-cited disciplinary proceedings by submitting an affidavit that sets forth that his resignation was tendered freely and voluntarily, without coercion or duress, and that he is fully aware of the consequences of submitting his resignation.
The Oklahoma Bar then filed Walker’s affidavit together with the application for an order approving Walker’s resignation pending disciplinary proceedings on January 17, 2023.
In view of the foregoing facts and discussion, the Court deemed it appropriate to enter an order approving Walker’s resignation.
The Order reads:
“It is therefore ORDERED that Complainant’s application is approved and Respondent’s resignation during the pendency of the disciplinary proceedings is accepted and approved effective January 17, 2023.
It is further ORDERED that Respondent’s name remain stricken from the Roll of Attorney’s and that he makes no application for reinstatement to membership in the Oklahoma Bar Association prior to January 17, 2028.
It is further ORDERED that the Respondent comply with Rule 9.1, RGDP. by no later than twenty (20) days from the date of this order.”
Mr. Kenneth Shane Walker had been admitted to the Oklahoma bar, as well as in Texas.
A copy of the original filing can be found here.
