(a) Discipline by Other Courts; Criminal Convictions. Whenever any member admitted
to practice in this Court, including a person admitted pro hac vice, has been suspended,
disbarred or resigned pending disciplinary proceedings from the practice of law by the
Supreme Court of Oklahoma or by any other court of competent jurisdiction or has been
convicted of a felony or any crime involving moral turpitude in any court, such
disbarment, suspension, or conviction shall operate as an automatic disbarment of the
attorney's right to practice in this Court, and an order of disbarment shall be issued by the
Court. Any attorney subject to this rule must notify the Court immediately upon any
such suspension, disbarment or resignation. The automatic disbarment from this Court
shall remain in effect unless the attorney has by motion to the Court shown good cause
as to why disbarment should not remain in effect. The Chief Judge or his designee shall
rule on such motion.
(b) Standard Governing Attorney Conduct. The Court adopts the Oklahoma Rules of
Professional Conduct as adopted and amended from time to time by the Supreme Court of
Oklahoma as the standard governing attorney conduct in this Court.
(c) Misconduct. Complaints of professional misconduct by counsel are subject to Fed. R.
Civ. P. 11. Complaints of professional misconduct may be submitted by a judge of the
Court, at his or her discretion, to the Committee on Admissions and Grievances. Upon
receipt of a complaint regarding the professional conduct of an attorney, the Committee
on Admissions and Grievances shall, after notice and opportunity to be heard, report and
recommend to the Court whether:
(1) The inquiry should be terminated because the question raised is unsupported or
insubstantial;
(2) The alleged professional misconduct justifies further inquiry and, for members of
the Oklahoma Bar Association, the matter should be referred to the Office of the
General Counsel of the Oklahoma Bar Association for investigation and
prosecution by that Office, if warranted;
(3) The alleged professional misconduct warrants consideration of prompt
disciplinary action by this Court regarding the attorney’s right to practice before
the Court;
(4) The alleged professional misconduct of an attorney not a member of the
Oklahoma Bar Association justifies further inquiry by the Court. Any attorney
whose conduct in this Court is under investigation by the Committee on
Admissions and Grievances shall not be admitted pro hac vice until the pending
investigation is concluded. Any action taken by the Court pursuant to a report
and recommendation by the Committee on Admissions and Grievances shall be
by a majority vote of the active judges.
Nothing contained in this Local Rule shall limit the right of an individual judge to
manage the cases assigned to that judge, which right shall include, without limitation,
the authority to impose any sanctions, penalties or other restrictions which may be
appropriate in a particular case, or the authority to refer a matter for consideration to the
Committee on Admissions and Grievances on an advisory basis.
(d) Right to a Hearing. This Court shall not impose any disciplinary action affecting an
attorney's right to practice before the Court for two (2) years or more until after a hearing
on the matter has been held before a judge or panel of judges. The attorney may waive
the right to a hearing. At the hearing, the attorney whose conduct is the subject of the
complaint shall be afforded an opportunity to appear in person and/or by counsel, to
present oral and documentary evidence, to compel the attendance of witnesses or
the production of documents, to cross-examine witnesses, and to present argument
orally or in writing. If not called by the attorney whose conduct is being investigated, it
is within the discretion of the judge or panel to call the complaining party to appear at the
hearing.
(e) Sanctions. Discipline by this Court may include disbarment, suspension from practice
for a definite time, reprimand, or other discipline which the Court deems proper.
Referral of a complaint to the Office of the General Counsel of the Oklahoma Bar
Association for investigation shall not constitute such discipline as to entitle the attorney
to a hearing in this Court on the propriety of the referral.
(f) Contempt of Court. Disciplinary proceedings under this rule shall not affect or be
affected by any proceeding for contempt under Title 18 of the United States Code or
under Fed. R. Crim. P. 42.
(g) Unauthorized Practice. Any person who before admission to the bar of this Court or
who during disbarment or suspension exercises any of the privileges bestowed upon
members of this bar, or who pretends to be entitled to such privileges, or who otherwise
engages in the unauthorized practice of law before the Court, shall be guilty of contempt
of this Court and shall be subject to punishment therefor and shall be subject to any other
discipline which the Court may impose.
(h) Reinstatement. Persons disbarred indefinitely from practice before this Court may not
petition for reinstatement until three (3) years following disbarment or until two (2) years
following an adverse decision upon a previous petition for reinstatement; provided,
however, that a person disbarred under subsection (a) may apply for reinstatement at any
time upon being reinstated by the Oklahoma Bar Association. Persons suspended
indefinitely must satisfy all conditions to reinstatement imposed by the Court at the time
of suspension.
