Courts
No published opinions this week.
- 2024 OK CR 23: STATE V. ALVARADO
- 2024 OK CR 24: IRWIN v. STATE
No published opinions this week.
Dispositions Other than by Published Opinions
The Supreme Court of Oklahoma Court Calendar
The Supreme Court of Oklahoma is in session year round, unless otherwise noted. The court regularly schedules conferences on Mondays and other days as needed.
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Bar Center Holiday Hours
The Oklahoma Bar Center will close at 2 p.m. on Friday, Aug. 30, and remain closed Monday, Sept. 2, in recognition of the Labor Day holiday. Regular business hours will resume at 8:30 a.m. on Tuesday, Sept. 3.
The judicial retention ballot is a key feature of Oklahoma's highly regarded method of choosing judges and justices using the Judicial Nominating Commission. Through this constitutional process, Oklahoma voters have a voice: They can vote "yes" or "no" to retain members of the appellate judiciary. CourtFacts is an OBA initiative that helps voters know before they go. Visit the site to learn which members of the judiciary will be on the biennial ballot in 2024, and learn more about this method of judicial selection that was designed to ensure impartial judges that promise a fair court system for all Oklahomans.
Congratulations to one of our 2024 Maurice Merrill Golden Quill Award winners, Conor P. Cleary. This award is presented to authors of the best written articles published this year in the Oklahoma Bar Journal. In case you missed it, check out the April bar journal article, "Fractionation or Consolidation? The Land Buy-Back Program for Tribal Nations (2012-2022)."
"On Nov. 22, 2022, the Land Buy-Back Program for Tribal Nations (LBBP) came to an end. Authorized by Congress as part of the settlement of the Cobell v. Salazar litigation, the LBBP included a $1.9 billion fund that was used to purchase small fractional interests in trust or restricted allotments owned by individual tribal members and consolidate those purchased interests into tribal ownership."
We know OBA members are intelligent, compassionate and dedicated to serving their communities and upholding the rule of law. We also know our members have talents that vary widely beyond the practice of law, and we love featuring your creative work in the Oklahoma Bar Journal!
Have you noticed the amazing works on Oklahoma Bar Journal covers lately? Your art or photography could be featured next! Check out the editorial calendar for ideas on themes, though submissions don't have to be law related.
Your work may also be chosen for “The Back Page.” Your submissions – anything from short articles and poems to photography and artwork – may be featured. For details on submitting your work, visit the Oklahoma Bar Journal submissions page.
Featured above: photograph by Lynn Anderson and painting by Amanda Lilley. Thanks to these talented members for sharing your creativity with us.
Featured CLE
Reporting Responsibilities for Attorneys
By OBA Ethics Counsel Richard Stevens
Lawyers have a limited duty to self-report ethics violations in Oklahoma. In the Oklahoma Rules of Professional Conduct there is no explicit duty to self-report violations of the ethics rules. ORPC 8.3 (a) provides:
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.
Section (c) of 8.3 excepts confidential information from mandatory disclosure. Section (d) exempts information learned by lawyers working as ethics counsel, an agent of a lawyers or judges assistance program, or the OBA Management Assistance Program. Section (d) provides further:
Any such knowledge or evidence received by lawyers acting in such capacity shall enjoy the same confidence as information protected by the attorney-client privilege under applicable rule and Rule 1.6.
Rule 7.7 of the Rules Governing Disciplinary Hearings contains the only explicit self-reporting provision for Oklahoma lawyers. Rule 7.7 (a) states:
It is the duty of a lawyer licensed in Oklahoma to notify the General Counsel whenever discipline for lawyer misconduct has been imposed upon him/her in another jurisdiction, within twenty (20) days of the final order of discipline, and failure to report shall itself be grounds for discipline.
In State Ex Rel. Oklahoma Bar Association v. Reedy, 2023 OK 99, the court found an implicit duty to self-report in certain instances. The court found a lawyer has an implicit duty to self-report a criminal conviction, at least to the extent the conviction has been previously determined to demonstrate an unfitness to practice law. The court found, “[T]o discover which types of convictions have been previously determined to demonstrate an unfitness to practice law, a lawyer need only look at our prior disciplinary cases for examples.”
The Oklahoma Bar Journal is a publication of the Oklahoma Bar Association. All rights reserved. Copyright© 2024 Oklahoma Bar Association. Statements or opinions expressed herein are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. Although advertising copy is reviewed, no endorsement of any product or service offered by any advertisement is intended or implied by publication. Advertisers are solely responsible for the content of their ads, and the OBA reserves the right to edit or reject any advertising copy for any reason. Legal articles carried in The Oklahoma Bar Journal are selected by the Board of Editors. Information about submissions can be found at www.okbar.org.