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IN THE MATTER OF THE REINSTATEMENT OF: DAN L. PAYTON, TO MEMBERSHIP IN THE OKLAHOMA BAR ASSOCIATION AND TO THE ROLL OF ATTORNEYS.

¶ 1 Dan L. Payton (Petitioner) has petitioned for reinstatement to membership in the Oklahoma Bar Association (OBA) and to the Roll of Attorneys pursuant to Rule 11 of the Rules Governing Disciplinary Proceedings, 5 O.S. 2001, ch. 1, app. 1-A (RGDP). The OBA, after an investigation, and the Professional Responsibility Tribunal (PRT) after holding a hearing, recommended reinstatement. The OBA has not received any objections to Petitioner's reinstatement.

¶ 2 Petitioner was admitted to the practice of law in Oklahoma on September 20, 1989. He practiced law until September 18, 2000 when he was stricken from the rolls of attorneys of the Oklahoma Bar Association due to non-payment of dues and non-compliance with Mandatory Continuing Legal Education (MCLE).

¶ 3 The Petitioner has now paid his 1999 and 2000 OBA dues and late fees in full.

¶ 4 The record shows Petitioner is of good moral character. See RGDP at R. 11.5(a). Witnesses testifying at the PRT hearing and letters sent to the OBA speak highly of the Petitioner's honesty and integrity. See RGDP at R. 11.4. Affidavits from the Comanche County Court Clerk indicate Petitioner has not engaged in the unauthorized practice of law. Petitioner has not been the subject of disciplinary proceedings for legal or professional misconduct. See RGDP at R. 11.5(b).

¶ 5 In February of this year, Petitioner completed 84 hours of MCLE, including 8.5 hours of ethics and 24 hours of recent developments for 2004 and 2005. Under his own initiative, Petitioner elected to complete the number of hours required had he remained on active status during the period of 2000 to present. Additionally, in December 2004, Petitioner obtained his mortgage originator's license from the Oklahoma Department of Consumer Credit and has been working as a loan officer; this has required a working knowledge of real estate and title statutes. Petitioner has shown by clear and convincing evidence that he has the competency and learning to qualify for readmission and should not be required to take the Oklahoma Bar Examination as a condition to reinstatement. See RGDP at R. 11.5(c).

¶ 6 Petitioner has satisfied the procedural requirements for reinstatement. See RGDP at R. 11.1. The Client Security Fund has not expended any money on behalf of Petitioner. See RGDP at R.11.1(b). Petitioner has met his burden to show by clear and convincing evidence the prerequisites to reinstatement found in Rule 11.5 of the RGDP.

¶ 7 It is ordered that Petitioner, Dan L. Payton, be reinstated to membership in the Oklahoma Bar Association and that his name be reinstated to the Roll of Attorneys licensed to practice law in the State of Oklahoma. It is also ordered that Petitioner pay the costs of this proceeding in the amount of $575.80 within 30 days from the date this Order is filed with the Clerk of this Court. Reinstatement is conditioned upon payment of the costs.

DONE BY ORDER OF THE SUPREME COURT IN CONFERENCE THIS 12TH DAY OF JUNE, 2006.

ALL JUSTICES CONCUR.

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IN THE MATTER OF REINSTATEMENT OF PAYTON
(Jun 13, 2006)