Rule 10. Temporary Suspension
Oklahoma Statutes AnnotatedTitle 5. Attorneys and State Bar
T. 5, Ch. 1, App. 7, Rule 10
Rule 10. Temporary Suspension
If the verified petition requests suspension of respondent from the exercise of office during pendency of the proceedings for removal or compulsory retirement there must be alleged in the petition facts showing an existing emergency justifying the Trial Division in temporarily suspending respondent from office.
Upon the filing of a verified petition requesting temporary suspension, the presiding judge shall issue notice to respondent that on or before a designated date the respondent may file in writing in the case either:
If a written voluntary temporary suspension is not filed within the time set in the notice served on respondent the court shall meet on order of the presiding judge to determine from the petition and response, if any filed, whether in its discretion the respondent should be suspended from office during the pendency of the proceedings.
If the court determines that the matter should not be decided until after a hearing, then a hearing will be ordered and held to determine if respondent should be temporarily suspended. The burden of proof at such hearing shall be upon the prosecution and the respondent may raise any proper issue.
If the court issues an order for temporary suspension it may be complete and total suspension from office and all benefits, or a limited suspension from the exercise of all or certain functions of the office, with or without the right to receive all or part of the benefits.
Credits
Amended effective February 25, 1976.
Court on Judiciary Rule 10, 5 O. S. A. Ch. 1, App. 7, OK ST J CT TRIAL DIV Rule 10
Current with amendments received through April 15, 2024. Some rules may be more current, see credits for details.
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