Stilley, Oscar

[wserra]

It seems as though Oscar "PRA" Stilley is having an increasingly hard time securing pro hac vice admissions for TPs around the country.

There has been some recent discussion in the MLM forum over the recent tax evasion conviction of a senior distributor for ripoff "wellness" MLM Mannatech, Raymond Gebauer of Bellevue, WA. An examination of the docket showed that Gebauer attempted to retain Stilley to represent him, but Stilley's PHV application was denied by the clerk of the court. Stilley appealed the clerk's denial to the District Judge. The rules don't provide for any such appeal, but Judge Lasnik ruled on it anyway, perhaps to make a point - while listing Stilley's misdeeds in the opinion.

We can hope.

[fortinbras]

This from the Tax Scam thread, posted on June 10th by Demosthenes (to whom we owe a debt of gratitude):

Oscar Stilley in the news
by Demosthenes on Tue Jun 10, 2008 9:08 am


from The Knoxville News Sentinel (Tenn.)

Attorney defends alleged suspended license
By Jamie Satterfield (Contact)
Tuesday, June 10, 2008

An Arkansas attorney facing disbarment proceedings in his home state is trying to convince a federal magistrate judge in Knoxville to let him represent a Blount County couple accused of tax evasion.

"I've got a number of licenses to practice," Oscar Stilley, an anti-tax attorney from Fort Smith, Ark., insisted Monday when pressed by U.S. District Magistrate Judge Clifford Shirley about his claim of being an attorney in "good standing."

"Your law license has been suspended," Shirley responded.

"It's just about over," Stilley responded.

Not quite, according to court records in a number of states, including Arkansas, Hawaii and Michigan.

Not only has Stilley's law license been suspended at least twice since 2001, the attorney has been sanctioned financially, jailed for contempt and is now the subject of disbarment by the Arkansas Supreme Court.

He's been accused of lying about, at worst and, withholding, at best, his suspension from a federal judge in Hawaii and was booted out of federal court there as a result. Federal prosecutors in Hawaii allege he is under criminal probe in Oklahoma, although they did not reveal in court records the nature of that investigation.

He also has been barred from practicing law in Arizona after failing to disclose his suspension to judges there, court records show.

Stilley downplayed his career woes at Monday's hearing, however, insisting he was appealing the disbarment proceedings, was nearly finished serving his six-month suspension and had a certificate of good standing from a federal court in Illinois.

"I felt confident I could tell my clients I could legally represent them," Stilley said of Blount County couple Brett Edward Dirr and Renee Dirr.

The Dirrs were indicted earlier this year on tax evasion charges. Federal prosecutors Charles Atchley and Frank Dale contend in court records that the couple bought a kit on tax evasion popular with IRS-hating tax protesters. They have insisted on representing themselves, relying on the legal playbook in the kit which promotes arguments such as claiming not to be a citizen of the planet, much less the United States.

But Stilley adds a new twist in what was already shaping up to be a colorful courtroom battle.

At Monday's hearing, he repeatedly referred to himself in the third person and sidestepped Shirley's probing into whether he had a license to practice law other than the Arkansas one that is under suspension.

"I've got a license," he insisted. "You want to see it? I'd have to go get it."

"Where is it from?" Shirley asked.

"The 6th Circuit," Stilley answered.

The 6th Circuit refers to the federal court region encompassing Kentucky, Tennessee, Michigan and Ohio. The 6th U.S. Circuit Court of Appeals does not issue law licenses.

"Who has to license you?" Shirley asked after directing Stilley to read a rule on the issue.

Stilley initially refused to offer a direct answer but finally read the section which stated an attorney must be licensed "by the highest court of" his or her state before being admitted to practice in a federal court.

"Question," Stilley said at one point. "Is the fact that my license is not in my possession, was taken by (the Arkansas Supreme Court), does that mean I am not entitled to practice law? If some of these other courts want to suspend Oscar Stilley, they can do that."

Atchley noted that Stilley at least twice at Monday's hearing admitted giving the Dirrs legal advice.

"It does not appear Mr. Stilley has a (valid) law license," Atchley said.

Shirley set a Thursday hearing at which he is demanding Stilley produce proof of a valid license to practice law.

"You tell me you have a license to practice in 10 other states," Shirley said. "I'm going to require you to show me."

"I can do that," Stilley answered.


Demosthenes
Grand Exalted Keeper of Esoterica

[fortinbras]

And today (June 13th) from Knoxville News Sentinel ....

Lawyer can't represent couple
Judge says man facing disbarment either dishonest or ignorant
By Jamie Satterfield
Friday, June 13, 2008

Dubbing him willfully ignorant or patently dishonest, a federal magistrate judge on Thursday refused to allow an Arkansas attorney facing disbarment to represent a pair of Blount County residents accused of being tax evaders.

Oscar Stilley had vowed to bring U.S. District Magistrate Judge Clifford Shirley proof to back up his claims that he had 10 law licenses to supplant that Arkansas one currently suspended and potentially permanently revoked.

"The court notes that, since the last hearing, Mr. Stilley e-mailed to my chambers nine documents," Shirley said Thursday. "He entitled them 'Oscar Stilley's licenses.' "

But what Stilley sent, Shirley said, was a copy of his Arkansas law license and eight certificates from eight federal courts where he had been allowed to practice at some point in his career. Stilley insisted, however, that the certificates were law licenses.

"I sent you nine licenses," he said. "Obviously, the Arkansas license is suspended. The other licenses are licenses according to the Black's legal dictionary definition of (the word) 'license.' "

"Did you take the bar exam (in Arkansas)?" Shirley asked Stilley.

"Sure," Stilley answered.

"Did you pass that bar exam to be licensed?" Shirley asked.

"Yes," Stilley said.

"Did you take any other bar exams?" Shirley pressed.

"No," Stilley replied.

"So you have no other law licenses," Shirley responded.

"If the court has a different definition of 'license,' I'd like to hear it," Stilley answered.

"You are either being dishonest or you truly don't understand … (something) a first-year law student would know," Shirley said.

Assistant U.S. Attorney Charles Atchley served up plenty more reasons to bar Stilley from the case:

-- Stilley faces disbarment in Arkansas after three different suspensions, financial and nonmonetary sanctions and two jail terms over allegations of years of frivolous filings, shady dealings and hateful pleadings.

-- He has been booted out of federal courts in Arizona, Hawaii, Mississippi, Washington and Michigan. A Hawaii judge's opinion also alleges he is under criminal investigation in Oklahoma.

For Shirley, the bottom line was this: A lawyer without a valid license is no lawyer at all.

"You are a man without a law license," Shirley said. "You know what a law license is. You pass the bar. You get a license. You lost it."

Shirley refused to allow Stilley to represent Brett Edward Dirr and his wife, Renee Dirr, who are accused of tax evasion after buying a kit that advocates strange legal tactics.

The couple were to stand trial Monday. Shirley delayed their trial until Aug. 26 to give them time to find a new attorney.


Jamie Satterfield may be reached at 865-342-6308.
© 2008 Knoxville News Sentinel

[Lambkin]

http://www.nwaonline.net/articles/2008/ ... tilley.txt

For Second Time, Panel Recommends Disbarment For Stilley
LAST UPDATED FRIDAY, JUNE 20, 2008 7:27 PM CDT IN NEWS
By John Lyon
Arkansas News Bureau

LITTLE ROCK - A state panel recommended disbarment Friday for Fort Smith lawyer Oscar Stilley, who already faces disbarment proceedings in a previous disciplinary action.

The Arkansas State Supreme Court Committee on Professional Conduct ruled at a hearing Friday that Stilley, 44, had violated three rules of conduct for Arkansas lawyers.

The finding followed a December ruling by the panel that Stilley had violated 23 rules of conduct. Because disbarment has been recommended in both cases, the two cases will be combined into one, said Stark Ligon, the committee's executive director.

A pre-trial hearing in Stilley's case is scheduled for June 30. Special Judge John Lineburger of Rogers will preside over the hearing and ultimately will decide whether Stilley should be disbarred.

Stilley's Arkansas law license has been suspended pending disbarment proceedings.

The hearing Friday addressed a written complaint by Sebastian County Circuit Judge Stephen Tabor, who accused Stilley of misconduct in a long-running tax lawsuit involving the University of Arkansas at Fort Smith and the Fort Smith School District.

The committee agreed with Tabor that Stilley violated rules of conduct when he issued subpoenas and deposition notices in March 2007 to several people, including UAFS Chancellor Paul Beran, U.S. Magistrate James Marschewski and Fort Smith Mayor Ray Baker.

By issuing the subpoenas, Stilley disobeyed an order from Tabor that he not relitigate settled matters, the committee found.

Issuing the subpoenas also served no purpose other than to burden the people who were subpoenaed, the panel ruled.

Stilley argued that no evidence was presented of a specific order he was accused of violating.

"Let's see the specific language that said, 'Mr. Stilley, don't do A or don't do B.' There is not any such order in this case," he said.

The committee also found that Stilley engaged in conduct prejudicial to the administration of justice when he stated at a March 2007 hearing that Marschewski, formerly a circuit judge presiding over the tax case, had lied about having connections to UAFS.

Marschewski had refused Stilley's motion to recuse himself because the judge had been a member of a citizens' committee that supported merging the Fort Smith campus into the University of Arkansas system.

Stilley argued that because no evidence was presented to show that the statement was false, disciplining him for it would violate his First Amendment right of free speech.

"Truthful statements are protected before this tribunal or any other," he said.

The committee rejected an allegation that Stilley engaged in conduct prejudicial to the administration of justice when he sent a letter about the tax case to the Times Record newspaper in Fort Smith.

Stilley refused to testify as a witness at Friday's hearing, saying he should not be compelled to testify because judges he had attempted to subpoena for depositions had the subpoenas quashed.

Talking to reporters after the hearing, Stilley complained that many of his motions were denied with no explanation or discussion.

"Due process requires a reasoned ruling," he said.

[Nikki]

Can we start placing bets as to when he will end up in prison for practicing law without a license, or other such flummery?

Also, bets as to when he gets committed to a mental care facility?

Is there any proscribed penalty for practicing law without a clue?

[Lambkin]

Can we start placing bets as to when he will end up in prison for practicing law without a license, or other such flummery?

Also, bets as to when he gets committed to a mental care facility?

Is there any proscribed penalty for practicing law without a clue?

I don't think CKB has heard of a penalty he would proscribe for Mr Stilley or any other TP numbskull.

[Bashful]

The aircraft carrier or the star ship?

[Mr. Mephistopheles]

The aircraft carrier or the star ship?

The aircraft carrier.

Not the test-bed unpowered space shuttle either

Chum-o-Matic.

[Leftcoaster]

Keel hauling off of the USS Enterprise.........

Wouldn't using the HMS Victory be that much more deliciously ironic?
It works on so many levels.

[Lambkin]

I believe keel hauling is a punishment that Mr CKB would prescribe not proscribe. I apologize for my attempt at pedantry, the lowest form of humor.

[Mr. Mephistopheles]

I believe keel hauling is a punishment that Mr CKB would prescribe not proscribe. I apologize for my attempt at pedantry, the lowest form of humor.

I think there are a whole lot of us here guilty of pedantry.

[Nikki]

I believe keel hauling is a punishment that Mr CKB would prescribe not proscribe. I apologize for my attempt at pedantry, the lowest form of humor.

I think there are a whole lot of us here guilty of pedantry.

Isn't that one of the reasons LawyerDude was banned

[wserra]

And the Arkansas Supreme Court has affirmed the contempt finding against Stilley for serving subpoenas and deposition notices in a case which had already been dismissed and Stilley sanctioned, the Arkansas News reports. Stilley had argued that it wasn't valid because - Sunday morning coffee cups down, everyone - the trial judge had failed to warn him that he might actually be punished for a contempt. The SC treated that notion with the, well, contempt it deserved: "As an attorney, he is aware of the legal implications of criminal contempt."

It's happening pretty damn slowly, but I think the number of "paralegals" is about to increase by one.

[LPC]

And the Arkansas Supreme Court has affirmed the contempt finding against Stilley for serving subpoenas and deposition notices in a case which had already been dismissed and Stilley sanctioned, the Arkansas News reports.

Here is the Arkansas Supreme Court's decision.

[LPC]

According to this news report, Stilley's disbarment hearing starts Monday.

[wserra]

And Stilley opens his defense of his law license by taking the Fifth.

Most people would not see this as a promising development for his prospects of remaining in the profession.

[wserra]

That claim of privilege in a disciplinary proceeding didn't go over so well. In addition, Stilley tried one of those politician's apologies: I'm sorry if what I did upset you, but "I don't think I've done anything wrong". In addition, he whines about how "The experience has been 'absolutely devastating' to his family". Maybe he should have thought about his family before being a contumacious jerk.

[Famspear]

From the Associated Press:

Stilley disbarment trial wraps up with no ruling

[Wednesday, December 17, 2008]

ANDREW DeMILLO
Associated Press Writer

LITTLE ROCK, Ark. — The disbarment trial for anti-tax activist and Fort Smith attorney Oscar Stilley ended on Wednesday with a special judge giving both sides until mid-March to make their final arguments in the case.

Special Judge John Lineberger did not make a ruling on whether Stilley should be disbarred over accusations of misconduct in a tax case. Lineberger gave Stilley and the Arkansas Supreme Court Committee on Professional Conduct a March 16 deadline to file proposed findings of fact in the case.

If Lineberger rules that there was misconduct on Stilley's part, the judge will then hold proceedings on what sanctions the attorney should face. The sanctions Stilley faces range from caution to disbarment, said Stark Ligon, the conduct committee's director.

The hearing has its origins in a tax case involving the University of Arkansas at Fort Smith and the Fort Smith School District. Stilley served seven weeks in jail for contempt in connection with the case.

Two actions against Stilley are being combined for the disciplinary proceeding. The committee says Stilley threatened Judge James Marschewski, then a circuit judge in Sebastian County and now a federal magistrate, with criminal prosecution and that he created a blank warrant in the judge's name. The other action centers on Stilley's alleged disobedience on Circuit Judge Stephen Tabor's orders in the long-running case.

Wednesday capped a contentious three-day hearing that began with Stilley repeatedly refusing to answer questions, claiming that he was the target of a federal investigation in Oklahoma. At one point on Monday, Stilley tried to invoke his 5th amendment right against self-incrimination when asked his marital status.

Stilley on Wednesday said he had asked the judge if he could withdraw that objection, noting that he later referred to his wife during the proceeding.

"That was over the top, and that's on the record and you can quote me on that," Stilley said after Wednesday's hearing.

Stilley is known for fighting taxes and has had four proposed anti-tax amendments thrown out by the high court in recent years. In September 2001, the professional conduct committee voted to suspend Stilley's license for 30 days. In 2006, the committee voted to suspend his license for six months.

Stilley claims he is being targeted for speaking out against the government and certain judges.

"I'm not wanting to be a martyr in this case ... but I find myself forced to defend the Constitution at the same time I'm defending my rights," Stilley said.

If Lineberger rules that there was misconduct and recommends a sanction, the case will be submitted to the Supreme Court for a ruling. Ligon has said he doesn't expect a decision from the court until after Labor Day.

http://ap.thecabin.net/pstories/state/a ... 4493.shtml

[Famspear]

Oscar Stilley was indicted on various federal tax charges on March 10, 2009. The case is in the U.S. District Court for the Northern District of Oklahoma.

See:

viewtopic.php?f=8&t=3939

[LPC]

In Stilley's latest disciplinary proceedings, findings of fact and conclusions of law were filed by the hearing judge on 4/22/2009. I haven't been able to find a copy of the document, but it must have found Stilley guilty of something because a sanction hearing is now scheduled for 5/21/2009.

Stark Ligon, Executive Director, v. Oscar Stilley, Ark. Bar No. 91096//, No. 08-73 (Ark.).