The Oklahoma Bar Journal December 2024

receiving testimony and other evidence and issuing and serving or causing to be served subpoenas requiring testimony or pro duction of books, records, papers, documents or other tangible evidence in the course of its investigations; 3) enforcing compliance with its directions or orders, maintaining order in its sessions and, in the event of contemptuous refusal to obey its orders, certifying such matters to the chief justice of the Oklahoma Supreme Court; and 4) requiring lawyers and The third head of the disci plinary tripartite is the tribunal, a panel of masters comprised of 21 members – 14 of whom are active OBA members and law yers in good standing and seven of whom are nonlawyers. The lawyer members are appointed by the OBA president, subject to approval of the OBA Board of Governors. The nonlawyer mem bers are appointed by Oklahoma’s governor. Tribunal members serve three-year terms and may serve no more than two full terms. 23 The function of the tribunal is to conduct hearings on formal com plaints filed against lawyers and on applications for reinstatement to the practice of law. 24 Annually, the tribunal elects a chief master and a vice chief master. 25 To summarize, the GC investi gates all matters involving alleged misconduct or incapacity and reports the results of investigations other persons to respond or give testimony in con nection with commission investigations. 22

To summarize, the GC investigates all matters involving alleged misconduct or incapacity and reports the results of investigations to the commission.

OBA members and lawyers in good standing appointed by the OBA president, subject to approval by the OBA Board of Governors. The other two are nonlawyers who reside in different congressional districts; one is appointed by the speaker of the Oklahoma House of Representatives and the other by the president pro tempore of the Oklahoma Senate. 18 All commission members serve three-year terms and may not serve for more than two terms. 19 Four commissioners constitute a quorum; so long as a quorum is present, the affirmative vote of a majority of those present suffices for commission action. 20 Annually, the commission elects a chairman and a vice chairman to serve one-year terms. 21 The powers and duties of the commission include: gating any alleged ground for discipline of any lawyer called to its attention or upon its own motion and taking such action appro priate to effectuate pur poses of the RGDP; 2) holding hearings, adminis tering oaths or affirmations, 1) considering and investi

The tripartite system of attor ney discipline is comprised of the OBA general counsel (GC), the commission and the Professional Responsibility Tribunal (the tri bunal). 14 The Oklahoma Supreme Court retains ultimate authority over formal proceedings. The GC is selected by the OBA Board of Governors with the concurrence of the commission. 15 For purposes of this article, the GC’s duties and powers include: investigating “all matters involv ing possible misconduct” called to the GC’s attention by complaint or otherwise; reporting the results of the investigations undertaken by, or under the direction of, the GC to the commission; making recommendations to the commis sion regarding formal complaints of alleged misconduct; and pros ecuting all proceedings under the rules. 16 The GC has the power, with the commission’s approval, to employ and supervise staff needed to perform the GC’s duties. 17 As of this writing, the Office of the General Counsel employs six attorneys, five investigators and four support staff. The commission has seven members, five of whom are active

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

38 | DECEMBER 2024

THE OKLAHOMA BAR JOURNAL