Oklahoma Court of Criminal Appeals
From Judgepedia
| Court of Criminal Appeals |
|---|
|
| Sitting justices |
| Charles Chapel Arlene Johnson Charles Johnson David Lewis Gary Lumpkin |
| Former justices |
| Oklahoma on Judgepedia |
Contents |
Jurisdiction
The Court of Criminal Appeals hears cases involving the death sentence, and all cases involving criminal matters coming from the the District Courts and the Municipal Courts of Record. In the event of a dispute involving whether the jurisdiction of a case goes to the Oklahoma Supreme Court or the Oklahoma Court of Criminal Appeals, the Supreme Court hears the case.[1] The jurisdiction of the court comes from the state constitution, which was adopted on September 17, 1907.[2]
Case load
The court sifts through approximately 1,450-1,800 cases every year.[3]
The court's justices
The State Supreme Court consists of a Presiding Judge, a Vice-Presiding Judge, and three Associate Judges of the Oklahoma Court of Criminal Appeals, who are nominated by the Oklahoma Judicial Nominating Commission and are appointed by the Governor. After their first term, Judges must file for direct election from the people of Oklahoma to retain their position.
Unlike the Oklahoma Supreme Court, the Oklahoma Constitution does not specify the size of the Court of Criminal Appeals. This grants the Oklahoma Legislature the power to fix the number of Judges by statute.
Selection of justices
The potential candidates submit their names to the Oklahoma Judicial Nominating Commission (JNC). In the case of a vacancy, the JNC submits three names to the Governor. If the Governor does not appoint a judge within 60 days, the Chief Justice then takes the responsibility. All appointments must be certified by the Secretary of State of Oklahoma. The judge serves for six year terms.
Qualifications
A qualified candidate for the Oklahoma Court of Criminal Appeals must be no younger than 30 years of age, must be a registered voter in the district the represent for at least one year before accepting the position, must be a licensed and practicing attorney or judge for at least five years prior to the appointment, and while in office, must maintain certification as an attorney or judge.
Current justices
The current Judges of the Oklahoma Court of Criminal Appeals, in order of seniority, are:
| Name | Hometown | District | Appt. by | Year app. | Prior Positions |
|---|---|---|---|---|---|
| Gary Lumpkin (Presiding Judge) | Sentinel, Oklahoma | 3rd District | Henry Bellmon | 1988 | United States Marine Corps (1968-1971), Staff Attorney for Oklahoma Department fo Consumer Affairs and Assistant District Attorney (1971-1982), Associate District Judge and District Judge of 20th Judicial District (1982-1989) |
| Charles A. Johnson (Vice-Presiding Judge) | Ponca City, Oklahoma | 2nd District | Henry Bellmon | 1989 | United States Air Force, Private practice, President of the Kay County Bar Association |
| Charles Chapel | Tulsa, Oklahoma | 1st District | David Walters | 1993 | United States Marine Corps (1959-1963), Adjunct Professor of Law at the University of Tulsa, Trustee for the Oklahoma Bar Association, Trustee to the Jenks Public Schools Foundation |
| Arlene Johnson | Oklahoma City, Oklahoma | 4th District | Brad Henry | 2005 | Private practice, Juducial Law Clerk to the Court of Criminal Appeals, Assistant District Attorney for Oklahoma County, Assistant Attorney General of Oklahoma, Assistant United States Attorney for the Western District of Oklahoma, Adjunct Professor of Law at the University of Oklahoma |
| David B. Lewis | Ardmore, Oklahoma | 5th District | Brad Henry | 2005 | Private practice (1984-1987), Assistant District Attorney for Comanche, Lawton, and Oklahoma Counties (1987-1991), Special District Judge for Comanche County (1991-1999), District Judge of Comanche, Stephens, Cotton, and Jefferson Counties (1999-2005), President of Oklahoma Judicial Conference (2004) |
Presiding Judge
Gary L. Lumpkin is the presiding judge of the Oklahoma Court of Criminal Appeals. He was first appointed to the bench November 15, 1988 by Republican Governor Henry Bellmon. Judge Lumpkin retained his seat by the voters of Oklahoma during the General Election of 2008 on November 4th.[4]
History of the court
In the First Legislature, from 1907 through 1908, the Criminal Court of Appeals was created and given "exclusive appellate jurisdiction." The House Bill 397 stated that if the constitution is questioned in a criminal case, the court would turn the case to the Oklahoma Supreme Court. Appointments were determined by the Governor, with the advice and consent of the state Senate. The judges began their terms in 1907 and continued until January 1, 1911. In that year, the Court would have to be reinstated by the Legislature. The Second Legislature voted to continue the Criminal Court of Appeals. In House Bill 33, the legislature changed law in such a way that judges would be elected by general election, rather than through appointment. In the the 27th Legislature, the name was changed from Criminal Court of Appeals to the Court of Criminal Appeals. In 1967, the constitution was amended to reorganize the state court system; in this, the judges of the Court of Criminal Appeals ran on a nonpartisan ballot, and if retained, judges served six year terms.
External links
References
| ||||||||
