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Rule 2. Complaints

Oklahoma Statutes AnnotatedTitle 5. Attorneys and State BarEffective: October 10, 2022

Oklahoma Statutes Annotated
Title 5. Attorneys and State Bar
Chapter 1.--Appendix 4-C. Rules for the Committee on Judicial Elections (Refs & Annos)
Effective: October 10, 2022
OK Committee on Judicial Elections Rule 2
Rule 2. Complaints
A. Complaint Form. Any individual who believes there has been a violation of Canon 4 of the Code of Judicial Conduct may file a complaint against a judge or a candidate seeking election to a judicial office. The complaint shall be made in writing and be signed and verified by the complaining party. The complaint shall allege a violation or violations of Canon 4 with specific facts and sufficient documentation to support the allegations. If the violation or violations alleged concern written or recorded material, those materials shall be attached to the complaint.
1. It shall include contact information for both the complaining party and the defending party. The contact information should include the e-mail address, telephone number, facsimile number, mailing address and physical address for both parties.
B. Filing. The original complaint and (5) five copies of the complaint with all attachments shall be filed with the Administrative Director of the Courts. The complaint and attachments may be filed during regular business hours by personal delivery, by United States Postal Service First Class mail or another express delivery service or by e-mail or facsimile. Immediately upon receipt of a complaint, the Administrative Director shall notify the Chairperson of the Committee of the receipt of the complaint and forward five (5) copies of the complaint with all attachments to him or her. This shall be sent by overnight delivery using the United States Postal Service or another express mail provider. The Administrative Director of the Courts will file in the Director's office one copy of the complaint with all attachments.
C. Receipt. The Chairperson shall ensure that each complaint meets the requirements of Rule 2. If the complaint fails to meet the requirements of Rule 2 the Chairperson shall notify the complaining party and indicate the reasons why the complaint is insufficient. The complaining party shall have the right to file an amended complaint to correct the deficiencies, pursuant to and in accordance with Rule 2 B.
D. Panel. If the complaint meets the requirements of Rule 2 the Chairperson shall, within two business days after its receipt, appoint a Hearing Panel comprised of three (3) members of the Committee including one judge member, one attorney member, and one lay member. The Chairperson shall designate a member of the Hearing Panel to serve as panel chairperson and shall forward the complaint to all members of the panel.
E. Recusal of a Committee Member. If the pending complaint is in regard to a judicial election involving a judge that is a panel member or an OBA appointee that is a campaign official of the campaign that is a part of the pending complaint, said member shall immediately notify the Chairperson of said recusal. If the Chairperson recuses from said hearing, the Vice-Chairperson shall assume all responsibilities of the Chairperson for the purpose of the pending complaint.
F. Notice of a Complaint. The Chairperson shall immediately notify the defending party that a complaint has been made against him or her and forward a copy of the complaint with a copy of all attachments to him or her by overnight delivery using the United States Postal Service or another express delivery service. In addition, to provide more immediate notice, the chairperson may send a copy of the complaint by e-mail or facsimile.
G. Notice of Panel Members. Immediately upon the appointment of the Hearing Panel the Chairperson shall provide, by e-mail or facsimile to the complaining party and the defending party, the names and contact information of the three panel members.
H. Responsibilities of the Panel Chairperson. The panel chairperson shall ensure that all members of the panel receive copies of all written communications with the parties and the documents and materials provided by the parties.

Credits

Adopted effective December 13, 2010. Amended effective December 17, 2018; October 10, 2022.
OK Committee on Judicial Elections Rule 2, OK R CTTEE J ELECT Rule 2
Current with amendments received through April 15, 2024. Some rules may be more current, see credits for details.
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