Section 2.8 - Duties and PowersThe Commission shall exercise the powers and perform the duties conferred and imposed upon it by these Rules, specifically including the following:
(a) To consider and investigate any alleged ground for discipline, or alleged incapacity, of any lawyer or any instance of the unauthorized practice of law called to its attention, or upon its own motion, and to take such action with respect thereto as shall be appropriate to effectuate the purposes of these Rules.(b) In its investigations, to hold hearings, and to administer oaths or affirmations, receive testimony and other evidence, and issue and serve or cause to be served subpoenas requiring testimony or the production of books, records, papers, documents or other tangible evidence. Oaths or affirmations may be administered by the chairman or vice-chairman of the Commission, or by any officer authorized by law to administer oaths. Subpoenas shall be issued by the chairman or vice-chairman of the Commission upon his/her approval; witnesses shall be paid, upon demand, mileage and witness fees as provided by the law in civil cases.(c) Whenever any person (except the respondent in a case where his answer may not be compelled under Rule 2.8(d) below) subpoenaed or ordered to appear by the Commission to give testimony, or to produce books, records, papers, documents or other tangible evidence, fails to comply, or whenever any person (except the respondent pursuant to Rule 2.8(d) below), present at a hearing, refuses to testify or to answer any proper question or to obey any proper order, the Commission may enforce compliance with its directions or orders as hereinafter provided. It may take such steps as are necessary to maintain order in its sessions. In the event of contemptuous refusal to obey its lawful orders, it shall certify the matter to the Chief Justice of the Supreme Court, who shall assign the case for trial and appropriate disposition to a judge of a district court. In such proceeding, the General Counsel shall act as prosecutor against the alleged contemnor.(d) To require lawyers and other persons to respond or give testimony in connection with Commission investigations. When a lawyer-respondent is called upon to answer or give testimony, the respondent shall make specific and complete disclosure as to all material matters unless the respondent shall personally state that he declines to answer any particular question on the grounds that his answers might disclose matters that are privileged or that would tend to incriminate him or show him guilty of an act or an offense that would be grounds for discipline.(e) To adopt appropriate procedural rules governing the manner in which it discharges its responsibilities hereunder.(f) Canon Five (E) of the Code of Judicial Conduct provides: "Canon 5 generally applies to all incumbent judges and judicial candidates. A successful candidate, whether or not an incumbent, is subject to judicial discipline for his or her campaign conduct; an unsuccessful candidate who is a lawyer is subject to lawyer discipline for his or her campaign conduct."
The Board of Governors of the Oklahoma Bar Association is therefore directed to forthwith establish a Professional Responsibility Panel on Judicial Elections composed of three (3) members whose responsibility shall be to deal expeditiously with allegations of ethical misconduct in campaigns for judicial office. The membership of the Panel shall consist of a member of the Oklahoma Bar Association, in good standing who shall have been a member of that Association for at least twenty-five (25) years; a member of the Judicial Ethics Advisory Panel; and one lay person. The objective of such Panel shall be to alleviate unethical campaign practices; and to that end, the Panel shall have the following authority:
1. To receive written complaints, which must be signed and verified, or otherwise receive information facially indicating a violation of any provision of Canon 5 during the course of a campaign for judicial office;2. Conduct such additional investigation as the Panel may deem necessary with the assistance of General Counsel;3. Determine whether the allegations of the complaint warrant speedy intervention, and after notice to the person or persons complained against and hearing, issue a confidential cease-and-desist request to the candidate or organization believed to be engaging in unethical behavior and/or campaign practices in violation of Canon 5; and if not, to dismiss the complaint and so notify the complaining party;4. If a cease-and-desist request is disregarded or if the unethical or unfair campaign practices otherwise continue, the Panel is authorized to refer the matter to the General Counsel of the Oklahoma Bar Association or the Council on Judicial Complaints for such action as may be appropriate under the applicable rules.All proceedings under this Rule shall be informal and non-adversarial, and the Panel shall act on all complaints as expeditiously as possible either in person, by facsimile, by U.S. Mail, or by tele-conference.
The proceedings of this Panel shall remain confidential, and in no event, shall the Panel have the authority to institute disciplinary proceedings against any candidate for judicial office, which power is specifically reserved to the Council on Judicial Complaints or the Oklahoma Bar Association, as the facts may indicate.
Okla. Stat. tit. 5A , app 1-A § 2.8
Adopted by orders February 23, 1981; eff. 7/1/1981; Amended by orders of April 6, 1992; July 13, 1992; Amended by order of October 5, 1998;