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9. LCvR 83.6(c) A. The Proposed Change (c) Misconduct. Complaints of professional misconduct, including those referred by judges, shall be submitted to the Chief Judge in writing and shall state with particularity the circumstances out of which the charges arose. Complaints submitted by counsel are subject to Fed. R. Civ. P. 11. All other complaints of professional misconduct, except those submitted by judicial officers of this Court, shall be under oath. Upon receipt of a complaint regarding the professional conduct of an attorney, the Chief Judge or the designee of the Chief Judge shall determine 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, and the matter should be referred to the Court’s Committee on Discipline for investigation, notwithstanding concurrent reference of the matter to the Office of the General Counsel of the Oklahoma Bar Association; (4) The alleged professional misconduct of an attorney not a member of the Oklahoma Bar Association justifies further inquiry by the Court and should be referred to a committee on discipline appointed by the Court for investigation. Any attorney whose conduct in this Court is under investigation by the Committee on Discipline shall not be admitted pro hac vice until the pending investigation is concluded. Upon determination that an action is appropriate under subsections (c)(2), (3), or (4) above, the Chief Judge or the designee of the Chief Judge shall provide a copy of the written allegations to the attorney whose conduct is the subject of the complaint. Nothing herein contained in this rule shall limit the right 25
of an individual judge to refer a matter to any bar association for disciplinary action or otherwise address the matter manage the cases assigned to that judge, which right shall include the authority to impose any sanctions, penalties, or other restrictions which may be appropriate in a particular case. B. Reason for the Change The proposed amendment would expressly permit a judge to refer a misconduct concern to the Oklahoma Bar Association for investigation. On April 4, 1984, the Court adopted a local rule which required referral of misconduct to counsel for investigation and prosecution. 4 On April 1, 1996, the Court overhauled the local civil rules and, with minor stylistic changes, adopted the language that currently appears as LCvR 83.6(c). Order at pp. 27-28, In the Matter of Local Court Rules, Misc. No. 9 (W.D. Okla. Feb. 8, 1996) (en banc). The wording, which has existed for over twelve years, could be read to prevent an individual judge from referring attorney misconduct to the bar association. This interpretation could create a potential conflict with the judge’s obligation under the Oklahoma Rules of Professional Conduct, which makes reporting mandatory in certain situations. 5 The proposed 4 This rule stated: When misconduct or allegations of misconduct which, if substantiated, would warrant discipline on the part of an attorney admitted to practice before this Court shall come to the attention of a Judge of this Court, whether by complaint or otherwise, and the applicable procedure is not otherwise mandated by these Rules, the Judge shall refer the matter to counsel for investigation and the prosecution of a formal disciplinary proceeding or the formulation of such other recommendation as may be appropriate. In the Matter of Rules of Court at 6, Misc. No. 9 (W.D. Okla. Apr. 4, 1984) (en banc) (modifying LCvR 4(j)). 5 The Oklahoma Rules of Professional Conduct state: A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority. 26
Page 1 and 2: UNITED STATES DISTRICT COURT WESTER
Page 3 and 4: B. Reason for the Change...........
Page 5 and 6: 3. LCvR 16.1(a)(1) Rule of Civil Pr
Page 7 and 8: 4. LCvR 16.1(b)(2) A. The Proposed
Page 9 and 10: 7. LCvR 16.3 provisions involving s
Page 11 and 12: an amount up to the plaintiff’s p
Page 13 and 14: LOCAL CIVIL RULES SURVEY REPORT JUN
Page 15 and 16: Analysis of Results Received from A
Page 17 and 18: Analysis of Responses Received From
Page 19 and 20: Analysis of Responses Received From
Page 21 and 22: # Response 1 2 3 4 8. Early mediati
Page 23 and 24: # Response 1 2 3 4 36. I believe me
Page 25 and 26: 8. LCvR 55.1 A. The Proposed Change
Page 27: Third, the local rule requires an i
Page 31 and 32: To the extent the parties have made
Page 33 and 34: 5. APPLICABILITY OF FED. R. CIV. P.
Page 35 and 36: Submitted this ______ day of ______
Page 37 and 38: Lastly, as in Paragraph “8(D),”
Page 39 and 40: *The listing of witnesses and exhib
Page 41 and 42: B. Reason for the Change The Commit
Page 43 and 44: 6. EXHIBITS. The following exclusio
Page 45: B. Reason for the Change The Commit

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