Oklahoma Supreme Court
From Judgepedia
| Oklahoma Supreme Court |
|---|
|
| Sitting justices |
| James Winchester James Edmondson Rudolph Hargrave Marian Opala Yvonne Kauger Joseph Watt Steven Taylor Tom Colbert John Reif |
| Former justices |
| Oklahoma on Judgepedia |
The Oklahoma Supreme Court was founded in 1907, and is the highest court in the state for civil matters.
Contents |
About the Court
All sessions conducted in the Courtroom, housed in the State Capitol, are open to the public. Citizens are welcome, and are urged to attend these sessions. Along the walls of the courtroom are the portraits of the first five Supreme Court Justices --- Honorable R.L. Williams, Honorable Matthew Kane, Honorable Jesse J. Dunn, Honorable John B. Turner, and Honorable Samuel W. Hayes. The pictures of the current members of the Court are placed on the walls immediately outside the Courtroom doors.
Responsibilities
Deciding cases is only one of the Court's functions. The Court is also responsible for administering the state's entire judicial system. The Court establishes rules of operation for all other courts in the state. The Supreme Court formulates the rules for practice of law, which govern the conduct of all attorneys, and it administers discipline in appropriate cases. Additionally, many of the Justices make personal appearances to speak to members of the Bar, civic clubs, and educational groups. These appearances are made in an attempt to help all citizens understand the Court's workings and to inform them of the decision-making process. The Justices are also called upon to administer official oaths of office to public officials.[1]
Jurisdiction
The Supreme Court is part of a co-equal, bifurcated judicial system in Oklahoma, under which it handles all civil matters, and the Oklahoma Court of Criminal Appeals handles all criminal issues. See organizational chart for further details about the Oklahoma court system hierarchy.
The Supreme Court has power to issue, hear and determine writs of habeas corpus, mandamus, quo warranto, certiorari, prohibition and such other remedial writs as may be provided by law and may exercise such other and further jurisdiction as may be conferred by statute. Any Justice on the Court make issue the writ of habeas corpus to any person held in custody upon petition by or on behalf of that person. Such writs can be made to appear the Justice who wrote it, before the Oklahoma Supreme Court (or other Appellate Courts), before any District Court, or before any judge in the State.
History of the Court
The first five Justices initially presided over all civil and criminal cases, but as the population began to grow and the court docket lengthened, it became clear that a five-judge court would not be able to handle an expanding case-load. To meet this demand, four other Justices were appointed in 1917. In 1918, the Court of Criminal Appeals was created and three judges were appointed to preside over all criminal matters. (The Court of Criminal Appeals now consists of five judges.)
Composition of the Court
The Oklahoma Supreme Court is a constitutional tribunal consisting of nine Justices. Each Justice is selected from one of nine judicial districts and sits for a six-year term. Each Justice must be at least thirty years old, shall have been a qualified elector in the appropriate district for at least one year immediately prior to the appointment, and have been a licensed practicing attorney or judge of a court of record for five years preceding appointment. The Justices must maintain their status as licensed attorneys while holding office.[2]
Current Justices
- James Winchester
- James Edmondson
- Rudolph Hargrave
- Marian Opala
- Yvonne Kauger
- Joseph Watt
- Steven Taylor
- Tom Colbert
- John Reif (appointed October 22, 2007 to replace the retiring Robert Lavender)
Qualification, nomination, appointment and tenure of Justices
Selection of Oklahoma Supreme Court Justices is governed by the Oklahoma Constitution, specifically Article VII of the Oklahoma Constitution. Each Justice, at the time of their election or appointment, must be at least thirty years old, must be a registered voter in the Supreme Court Judicial district they represent for at least one year before filing for the position, and must be a licensed practicing attorney or judge (or both) in Oklahoma for five years before their appointment. The potential Justice must maintain their certification as an attorney or judge during their tenure in office in order to main their position.
If a potential Justice meets these requirements, they must submit their name to the Oklahoma Judicial Nominating Commission (the "JNC"; a commission consisting of attorneys and non-attorneys) to verify that they will serve if appointed. In the event of a vacancy on the Supreme Court, after reviewing potential Justices, the JNC shall submit three named to the Governor, out of whom the Governor appoints one of the three to the Supreme Court to serve until the next general state election. However, if the Governor fails to appoint a Justice within sixty days, the Chief Justice of Oklahoma may appoint one of the nominees, who must certify their appointment to Secretary of State of Oklahoma.
Each time a Justice of the Supreme Court is elected to retain their position in the general state elections, they will continue to serve for another six years (see table below) in office with their term beginning on the second Monday in January following the general election. Justices appointed to fill vacancies take up office immediately and continue to serve in their appointed post until the next general election. In order to be eligible to stand for reelection, each Justice must, within sixty days before the general election, submit their desire to stand for reelection to the Secretary of State.
The Justice is then put to election by the people of Oklahoma. If the majority votes to maintain the Justice, the Justice will serve for another six-year term. However, if the Justice declines reelection or a majority of the voters vote the Justice down, the seat on the Supreme Court shall be considered vacant at the end of the current term and the Judicial Nominating Committee must search for a potential replacement. Any Justice that has failed to fill for reelection or was not retained by the people of Oklahoma in the general election is not eligible to immediately succeed themselves.
Retention in office may be sought for successive terms without limit as to number of years or terms served in office.[3]
Breakdown: Judicial Selection in the States Appellate and General District Courts
| Merit Selection through Nominating Commission | Gubernatorial or Legislative Appointment without Nominating Commission | Partisan Election | Nonpartisan Election | Combined Merit Selection and Other Methods |
|---|---|---|---|---|
| Oklahoma Supreme Court, Court of Criminal Appeals, Court of Appeals | NA | NA | District Court | NA |
The initial term in office for Supreme Court, Court of Criminal Appeals and Court of Appeals judges lasts one year; judges are then put up for a general election, and if retained, they serve a six year term. District Court judges serve an initial term of four years--if re-elected, they serve additional terms.
See Also
External Links
- Oklahoma Supreme Court Official Site
- Oklahoma State Auditor report on the Oklahoma Supreme Court, 2004
- List of Decisions by Oklahoma Judge
References
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