W.D. Okla. LCvR83.6

(a) Discipline by Other Courts; Criminal Convictions. Whenever it appears to

the court that any member admitted to practice in this court, including those persons admitted

pro hac vice, has been suspended, disbarred, or resigned pending disciplinary proceedings from

the practice of law by the Supreme Court of Oklahoma or by any other court of competent

jurisdiction or has been convicted of a felony or any crime involving moral turpitude in any

court, such disbarment, suspension, or conviction shall operate as an automatic disbarment of

the attorney’s right to practice in this court, and an order of disbarment shall be issued by the

court. The order of disbarment shall remain in effect unless, within 30 days from the date of

the order of disbarment, the attorney has, by motion to the court, shown good cause as to why

disbarment should not be imposed.

(b) Requirement to Self-Report. Any attorney subject to this rule must notify the

court within 14 days of any such conviction, suspension, disbarment, or resignation. The

notification must be in writing to the Clerk of Court. Failure to self-report is a separate cause

for disciplinary action; however, a failure to self-report an administrative suspension for

failure to pay an annual registration fee or to comply with mandatory continuing legal

education requirements shall not constitute separate cause for further disciplinary action by

this Court.

(c) Standard Governing Attorney Conduct. The court adopts the Oklahoma

Rules of Professional Conduct as adopted and amended from time to time by the Supreme

Court of Oklahoma as the standard governing attorney conduct in this court.

(d) 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 of an individual judge to refer a matter to any

bar association for disciplinary action or otherwise address the matter.

(e) Right to a Hearing. Except as provided in subsection (a) above, this court shall

not impose any disciplinary action affecting an attorney’s right to practice before the court until

after a hearing on the matter has been held before a 3-judge panel as designated by the Chief

Judge and upon a showing of good cause. In no instance shall a judge who referred the charge

of misconduct sit on the 3-judge panel. The attorney may waive the right to a hearing. At the

hearing, the attorney whose conduct is the subject of the complaint shall be afforded an

opportunity to appear in person and/or by counsel, to present oral and documentary evidence,

to compel the attendance of witnesses or the production of documents, to cross-examine

witnesses, and to present argument orally or in writing. If not called by the attorney whose

conduct is being investigated, it is within the discretion of the 3-judge panel to call the

complaining party to appear at the hearing. This rule shall not apply to sanctions, penalties,

or other restrictions imposed by a judge which are applicable only to a particular case pending

before that judge.

(f) Sanctions. Discipline by this court may include disbarment, suspension from

practice for a definite time, reprimand, or other discipline which the court deems proper.

Referral of a complaint to the Office of the General Counsel of the Oklahoma Bar Association

for investigation shall not constitute such discipline as to entitle the attorney to a hearing in this

court on the propriety of the referral.

(g) Committee on Discipline. The Committee on Admissions and Grievances shall

act as the Committee on Discipline. The Committee shall have the power to investigate all

charges of professional misconduct referred to it by the Chief Judge. At the request of the

Committee, the clerk shall issue subpoenas and subpoenas duces tecum as may be required by

the investigation.

The Committee shall complete its investigation within 8 weeks from the date of referral

from the Chief Judge. Upon good cause shown, the Committee may obtain extensions of time

for investigation.

At the close of the investigation, the Committee shall make a written report to the Chief

Judge stating the discipline or other action recommended by the Committee. All disciplinary

proceedings shall be in camera unless the 3-judge panel shall direct otherwise.

(h) Contempt of Court. Disciplinary proceedings under this rule shall not affect

or be affected by any proceeding for contempt under Title 18 of the United States Code or

under Fed. R. Crim. P. 42.

(i) Unauthorized Practice. Any person who, before admission to the bar of this

court, or who, during disbarment or suspension, exercises any of the privileges bestowed upon

members of this bar, or who pretends to be entitled to such privileges, shall be guilty of

contempt of this court and shall be subject to punishment therefor and shall be subject to any

other discipline which the court may impose.

(j) Reinstatement. Persons disbarred from practice before this court may not

petition for reinstatement within 3 years following disbarment or within 2 years following an

adverse decision upon a previous petition for reinstatement; provided, however, that a person

disbarred under subsection (a) may apply for reinstatement at any time upon being reinstated

by the Oklahoma Bar Association. Persons suspended indefinitely must satisfy all conditions

to reinstatement imposed by the court at the time of suspension.

THE UNITED STATES DISTRICT COURT FOR THE

WESTERN DISTRICT OF OKLAHOMA