Discipline by the Court

(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 suspension of the attorney’s right to practice in this Court, and an order of suspension shall be issued by the Court. Any attorney subject to this rule must notify the Court immediately upon any such conviction, suspension, disbarment, or resignation. The notification must be in writing to the Clerk of Court.

The automatic suspension from this Court shall remain in effect unless the attorney has, by motion to the Court within twenty- eight days of the order of suspension, shown good cause as to why the suspension should not remain in effect. The Chief Judge or his or her designee shall rule on such motion. If the attorney was disbarred, suspended, resigned, or was convicted as stated above, an order of disbarment will issue if no motion for good cause has been filed within the required time period. (b) Requirement to Self-Report.

Failure to self-report is a separate cause for disciplinary action; however, a failure to self-report an administrative suspension for failure to pay an annual registration fee or to comply with mandatory continuing legal education requirements shall not constitute separate cause for further disciplinary action by this Court. (c) Professional Misconduct. Complaints of professional misconduct by an attorney are subject to Fed. R. Civ. P. 11. Complaints of professional misconduct may be submitted by Northern District of Oklahoma Local Rules Page 17 of 90 Effective Date: 10/10/2024 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 providing the attorney 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; or, (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 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. Except as otherwise provided under subsection (a), this Court shall not impose any disciplinary action affecting an attorney’s right to practice before the Court 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.

Northern District of Oklahoma Local Rules Page 18 of 90 Effective Date: 10/10/2024 (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 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 years following disbarment or until two 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 disciplining body. Persons suspended indefinitely must satisfy all conditions to reinstatement imposed by the Court at the time of suspension. Northern District of Oklahoma Local Rules Page 19 of 90 Effective Date: 10/10/2024 LGnR5 – Courthouse Access and Security