Rule 4. Review by Chief Justice

Oklahoma Statutes AnnotatedTitle 5. Attorneys and State BarEffective: [See Text Amendments] to June 18, 2023

Oklahoma Statutes Annotated
Title 5. Attorneys and State Bar
Chapter 1.--Appendix 4-a. Rules Governing Complaints on Judicial Misconduct
Effective: [See Text Amendments] to June 18, 2023
T. 5, Ch. 1, App. 4-A, Rule 4
Rule 4. Review by Chief Justice
a. Purpose. When a complaint is sent to the Chief Justice by the Council on Judicial Complaints, the Chief Justice will review the complaint for further action.
b. Inquiry. The Chief Justice may conduct a limited inquiry for the purpose of determining (1)whether appropriate corrective action has been taken, (2)whether intervening events have made action on the complaint unnecessary and (3)whether the facts stated in the complaint are either plainly untrue or are incapable of being established through an investigation. The Chief Justice may request the judge in question to file a written response to the complaint or may also communicate orally or in writing with the complainant, the judge and any others who may have knowledge of the matter. The Chief Justice also has the authority to review any transcripts or other relevant documents.
c. Corrective Action. The complaint proceeding will be concluded if the Chief Justice determines that appropriate action has been taken to remedy the problem raised by the complainant or that action on the complaint is no longer necessary because of intervening events. If further action is warranted, the Chief Justice may act to impose appropriate intervention. At the Chief Justice's discretion, he or she may also return the matter to the Council on Judicial Complaints or refer to the trial division of the Court on the Judiciary for removal or compulsory retirement.
d. Disciplinary Action. If the complaint is not dismissed and the problem has not been remedied, the Chief Justice may take the following action: forward the investigative report to the other members of the Supreme Court. The judge who is the subject of the complaint is then allowed 10 days to file a written response with the members of the Supreme Court. The Vice Chief Justice may appoint an additional panel member, if needed, from the state judiciary. After considering the complaint and response, the Court may then choose to impose appropriate discipline.
e. Dismissal. A complaint will be dismissed if the Chief Justice concludes that the acts of the judge who is the subject of the inquiry were not prejudicial to the effective and expeditious administration of the business of the courts, or if the complaint is directly related to the merits of a particular case, or if the complaint is frivolous or otherwise not appropriate for consideration.
f. Notice of Action. The Chief Justice shall notify the complainant, judge and Council on Judicial Complaints when the matter has been addressed within 45 days of receiving the complaint.

Credits

Adopted effective October 26, 2006.
Complaints on Judicial Misconduct, Rule 4, 5 O. S. A. Ch. 1, App. 4-A, OK ST COMPLAINTS J MISC Rule 4
Current with amendments received through March 15, 2024. Some rules may be more current, see credits for details
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