Sec. 5.3. Action by Commission
Oklahoma Statutes AnnotatedTitle 5. Attorneys and State Bar
T. 5, Ch. 1, App. 1-A, Sec. 5.3
Sec. 5.3. Action by Commission
Upon the completion of the investigation, the General Counsel shall make a report and recommendation to the Commission on each grievance. The Commission, upon consideration of the report and recommendation of the General Counsel, and further investigation if deemed advisable, shall either:
(b) If, after a disciplinary action has been commenced, the Commission finds the grievance is wholly frivolous or without merit, it shall direct the immediate expungement of any grievance, and upon such expungement, respondent against whom such frivolous grievance has been filed and expungement has been ordered by the Commission, may treat the grievance as if it was never asserted. Provided, however, that said expungement shall not occur until sixty (60) days after the date of notification to the complainant of that decision;
(d) Direct that no formal proceedings be instituted against the respondent, conditioned upon the respondent's acceptance of a private reprimand before the Commission, and in such event, the respondent shall be notified to appear before the Commission at a time and place to be fixed in the notice for the purpose of receiving a private reprimand. If the respondent does not appear at the time and place so fixed in such notice, the Commission may give further consideration to the advisability of filing a formal complaint;
In addition to, or in lieu of, one of the foregoing actions, the Professional Responsibility Commission may direct the General Counsel to refer the name of the respondent to the Lawyers Helping Lawyers Committee of the Oklahoma Bar Association, and such referral shall not be deemed to be a violation of Rule 5.7. The referral will be made to the Lawyers Helping Lawyers Committee for possible assistance to the member without reference to the source or subject matter of the complaint, provided that such referral will not delay the disposition of the complaint under these rules, unless for good cause shown.
Credits
Adopted February 23, 1981, effective July 1, 1981. Amended effective October 29, 1987; April 6, 1992; July 13, 1992.
Disciplinary Proceedings, Sec. 5.3, 5 O. S. A. Ch. 1, App. 1-A, OK ST DISC P Sec. 5.3
Current with amendments received through April 15, 2024. Some rules may be more current, see credits for details.
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