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We2ST ere
FEB 13 2020
IN THE SUPREME COURT OF THE STATE OF OKLAHOMA
JOHN D. HADDEN
‘STATE OF OKLAHOMA ex rel. ) CLERK
OKLAHOMA BAR ASSOCIATION, —_)
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Complainant, ) RULE 6, RGDP Fy 1 me
) fees
v. } OBAD # 2272 YAN 23 2009
TARA K. JACK, ) BB 96 ° ea Be isi
Respondent
COMPLAINT
State of Oklahoma ex rel, Oklahoma Bar Association (Complainant), by its General
Counsel Gina L. Hendryx, submits the following:
1. Tara K. Jack (Respondent) is a member of the Oklahoma Bar Association
and is licensed to practice law by the Supreme Court of the State of Oklahoma.
Respondent's OBA membership status is “Active” and she is in good standing
2. To the best knowledge, information, and belief of the Complainant, the
Respondent has committed specific acts which constitute professional misconduct in
Violation of the Oklahoma Rules of Professional Conduct (ORPC) 5 O.S. 2011, Ch. 1,
App. 3-A, and the Rules Governing Disciplinary Proceedings (RGDP), § 0.S. 2011, Ch.1,
App. 1-A, and are cause for professional discipline as provided in the RGDP. These
standards of conduct, adopted and enforced by the Supreme Court of the State of
Oklahoma, provide guidelines by which all attorneys are to practice law in Oklahoma
3. These proceedings are commenced pursuant to Rule 6, RGDP.
4. The official Oklahoma Bar Association roster address of the Respondent is:
Tara K, Jack, OBA #18947, 500 S. Denver, Tulsa, OK 74103. |
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I:COUNT I: DC 18-253 GRIEVANCE BY THE GENERAL COUNSEL
5. Respondent is an Assistant District Attorney with the Tulsa County District
Attorney's office. From October of 2016 until August of 2019, Respondent served as
Director of the Traffic and Misdemeanor Division of the Tulsa County District Attorney's,
office. As Director, Respondent had direct supervisory authority over the non-lawyer
employees in the Misdemeanor Division including law students and recent law school
graduates.
6. On August 1, 2018, Kelly Sweeney (KS) was employed by the Tulsa County
District Attomey’s office and assigned to Respondent's division. At that time, KS was a
recent graduate of the Tulsa University School of Law, had taken the Oklahoma Bar
Exam, and was awailing exam results, KS was not and had never been a licensed legal
intern nor did she hold any special permit to practice law in the State of Oklahoma. On
September 7, 2018, KS learned that she had failed the Oklahoma Bar Exam. She
remained an employee of the Tulsa County District Attorney's office after learning of the
exam results.
7. From August 1, 2018 through November 13, 2018, KS made Court
appearances in misdemeanor matters, negotiated plea deals with defendants and
defendants’ counsels, and argued motions on behalf of the State of Oklahoma. During
this time period, KS made court appearances in more than 70 criminal misdemeanor
cases in Tulsa County, Oklahoma
8 On October 12, 2018, KS represented the State of Oklahoma in the non-
jury trial of State of Oklahoma v. O'Rourke, In the District Court in and for Tulsa County,
State of Oklahoma, Case No. CM-2017-1946. KS participated in the cross examinationof a witness and in arguments to the Court. At the time, KS was a law school graduate
but had failed the bar exam and held no legal intern license.
9, On November 6, 2018, KS represented the State of Oklahoma in the jury
trial of State of Oklahoma v. Jeffery Lawrence Marlow, In the District Court in and for
Tulsa County, State of Oklahoma, Case No. CM-2018-0684. KS participated in the
questioning of prospective jurors, gave an opening statement, conducted direct
examination of a witness, and gave closing argument on behalf of the state. At the time,
KS was a law school graduate but had failed the bar exam and held no legal intern license.
10. KS stopped representing the State of Oklahoma only after her licensure
status was questioned by Special Judge April Seibert on November 13, 2018.
11. Respondent assigned these dockets and cases to KS despite having
knowledge that KS was a non-lawyer and was not a licensed legal intern. Respondent
knew that KS was representing the State of Oklahoma in legal matters without the proper
licensure to do so. Respondent failed to make reasonable efforts to ensure that KS's
conduct was compatible with the professional obligations of Respondent.
12. _ Respondent assisted and supervised KS in the unauthorized practice of law
in Tulsa, County, Oklahoma. Furthermore, Respondent's conduct of permitting KS to
engage in the unauthorized practice of law was prejudicial to the administration of justice
in Tulsa County.
13, Respondent's actions constitute professional misconduct in violation of
Rules 5.3(b), 5.3(c), 5.5(a), 8.4(a), 8.4(d), ORPC and Rule 1.3 RGDP.COUNT It: DC 19-64 GRIEVANCE BY THE GENERAL COUNSEL
14, In March or April of 2018, Randall Young (RY) was employed by the Tulsa
County District Attorney's office and assigned to Respondent's division. At that time, RY
was a third-year law student at the Tulsa University School of Law. RY was not and had
never been a licensed legal intern nor did he hold any special permit to practice law in
the State of Oklahoma. On September 7, 2018, RY learned that he had passed the
‘Oklahoma Bar Exam and was sworn into the practice of law in the State of Oklahoma on
September 25, 2018.
15. From May of 2018 through August 31, 2018, RY made Court appearances
in misdemeanor matters, negotiated plea deals with defendants and defendants’
counsels, and argued motions on behalf of the State of Oklahoma. During this time
period, RY made court appearances in more than 21 criminal misdemeanor cases in
Tulsa County, Oklahoma
16. On August 27-28, 2018, RY represented the State of Oklahoma in the jury
trial of State of Oklahoma v. Michael Shane Pittman, In the District Court in and for Tulsa
County, State of Oklahoma, Case No, CM-2018-0365. RY participated in the
questioning of prospective jurors, gave an opening statement, conducted direct
examination of a witness, and gave closing argument on behalf of the state. At the time,
RY was a law school graduate, had taken the Oklahoma Bar Exam but had no results
from same and held no legal inter license.
17. On September 7, 2018, RY represented the State of Oklahoma in the non-
jury trial of State of Oklahoma v. Butler, In the District Court in and for Tulsa County, State
of Oklahoma, Case No, CM-2018-1884. RY participated in the presentation of evidence‘0 the Court and the defendant was convicted by the Court. On the day of trial, RY was
a law school graduate, learned he had passed the bar exam, but had not been sworn into
the practice of law in Oklahoma.
18. Respondent assigned these dockets and cases to RY despite having