§20-1658. Investigation of complaints.
472 words·~2 min read·
/ok/title-20-courts/20-1658A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. The Council on Judicial Complaints shall promptly investigate all complaints received by it, and shall determine the proper disposition thereof, as provided in Sections 1651 through 1661 of this title.
B. The Council shall have power to hold hearings, 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 or other tangible evidence.
C. 1. Subject to funding limitations provided by law, the Council, as needed, may retain, by contract, a court reporter and, as needed, may retain an attorney by contract with either the Office of the Attorney General or other counsel.
2. No person acting as counsel to the Council on Judicial Complaints shall be eligible for election or appointment to the Judicial Nominating Commission during the term of his or her employment or contract for services.
D. The Council is hereby authorized to require in aid of its investigatory functions the services of the Oklahoma State Bureau of Investigation as provided for in Section 150.34 of Title 74 of the Oklahoma Statutes or of any governmentally supported investigatory agency or, upon authorization of the Board of Governors of the Oklahoma Bar Association, of the services of the Oklahoma Bar Association.
E. In the event of contemptuous refusal to obey its lawful orders, the Council may take steps necessary to maintain order in its session; as to contempts not affecting the maintenance of order, it shall certify the matter to the Chief Justice of the Supreme Court, which shall assign the case for trial and appropriate disposition to a judge of a district court. In a contempt proceeding in district court, the counsel for the Council on Judicial Complaints shall act as prosecutor against the alleged contemnor.
F. 1. All proceedings under this section shall be held in secrecy to the same extent as proceedings before a grand jury.
2. A complainant or a witness appearing before the Council who reveals or causes to be revealed to the public any information about a proposed or pending judicial complaint shall be subject to a fine not to exceed One Thousand Dollars ($1,000.00). The Council on Judicial Complaints shall promulgate rules pursuant to the Administrative Procedures Act governing proceedings under this subsection.
3. In addition to the fine provided for in paragraph 2 of this subsection, any judicial officer who reveals or causes to be revealed any information about a proposed or pending judicial complaint shall be subject to public reprimand by the Court on the Judiciary.
Added by Laws 1974, c. 251, § 8, emerg. eff. May 23, 1974. Amended by Laws 1997, c. 239, § 10, eff. July 1, 1997; Laws 1998, c. 368, § 7, eff. July 1, 1998; Laws 1999, c. 423, § 6, emerg. eff. June 10, 1999.