Changes Proposed to the Rules
Governing Disciplinary Proceedings
Member Comments Requested
The following are proposed changes to the Rules Governing Disciplinary Proceedings as proposed by the Professional Responsibility Commission. These changes are currently under consideration by the OBA Board of Governors. The proposed changes would give the Commission more discretion in the action it might take.
Members of the OBA are encouraged to review the proposed changes and submit any comments by Oct. 23, 2015, 1) via email to RGDPRule3.firstname.lastname@example.org or 2) mail hard copy comments to RGDP Rule 3.3 Comments, OBA, P.O. Box 53036, Oklahoma City, OK 73152
Rules Governing Disciplinary Proceedings.
Chapter 1, App. 1-A
Rule 3. General Counsel.
§3.3. Grievances Against the General Counsel of the Association.
(a) Whenever a grievance is filed, or information is received by the Commission which could lead to the filing of a formal complaint against the General Counsel of the Association, the members of the Commission, and the President and the Executive Director of the Association shall immediately be notified.
(b) If a disciplinary grievance is made against:
(1) The General Counsel or member of General Counsel’s staff alleging grounds for the imposition of discipline pursuant to these Rules, the Professional Responsibility Commission (PRC) shall consider the matter on the basis of the grievance. After review and consideration, the PRC may take any of the following actions or any combination thereof: (1) Require the General Counsel to make a response; (2) Appoint an Investigator; (3) Appoint a special counsel to investigate and present the case; or (4) Take such other steps as are necessary to facilitate the prompt resolution of the grievance. the Professional Responsibility Commission shall appoint a special counsel to investigate and present the case;
(2) A member of the Professional Responsibility Commission, the President of the Oklahoma Bar Association with concurrence of the Board of Governors, shall appoint a special three (3) member Commission to act on the grievance in conformance with these Rules;
(3) A member of the Professional Responsibility Tribunal, all procedures mandated by these Rules shall be followed, except the Supreme Court shall appoint a special Tribunal Panel to hear the case in the event formal charges are filed.
(4) A member of the Supreme Court, the matter shall be referred to the Oklahoma Council on Judicial Complaints.
(c) The President and the Executive Director of the Association shall be kept fully informed of all action taken by the Commission in the matter.