The Oklahoma Bar Journal December 2024

The GC may amend the com plaint to add or delete allegations as permitted under the general rules of civil procedure. The respondent has the right to file an answer within 20 days of the amendment. 56 If there is sufficient evidence of misconduct to show the attor ney violated the ORPC and that

the conduct “poses an immediate threat of substantial and irrepa rable public harm,” the GC, with concurrence of the commission chairperson, may file a verified complaint requesting interim suspension and other appropriate relief. This complaint is served personally or by certified mail

RULE 6: FORMAL PROCEEDINGS OF MISCONDUCT BEFORE THE SUPREME COURT AND TRIBUNAL At the direction of the commis sion, formal proceedings involving misconduct are initiated by a for mal complaint in a Rule 6 proceed ing. The complaint is prepared by the GC, approved by the commis sion, signed by the commission’s chairman and filed with the chief justice of the Oklahoma Supreme Court. The complaint sets forth the specific facts of the alleged misconduct. If prior conduct that resulted in discipline or evidence from prior investigations is relied upon to enhance discipline, such prior acts or misconduct must be stated in the complaint. 51 At the chief justice’s direction, the clerk shall notify the tribunal’s chief master and the OBA president of the complaint. 52 The respondent has 20 days after the complaint is mailed to file an answer with the chief justice. The respondent cannot challenge the complaint with a demurrer or motion. 53 The attorney may include in the answer a request for accelerated disposition; thereaf ter, the entire proceedings shall be concluded by the tribunal and the court without appreciable delay. If the attorney fails to answer, the charges shall be deemed admitted. Evidence is required to be submit ted to determine the discipline to be imposed. 54 The formal complaint and any answer submitted by the attorney are lodged with the clerk of the Supreme Court after the time to answer has expired. 55 The mat ter now becomes public record. Further filings in the matter are lodged with the clerk.

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.

42 | DECEMBER 2024

THE OKLAHOMA BAR JOURNAL