Oklahoma Supreme Court
   HOME

TheInfoList



OR:

The Supreme Court of Oklahoma is a court of appeal for non-criminal cases, one of the two highest judicial bodies in the
U.S. state In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sover ...
of
Oklahoma Oklahoma (; Choctaw language, Choctaw: ; chr, ᎣᎧᎳᎰᎹ, ''Okalahoma'' ) is a U.S. state, state in the South Central United States, South Central region of the United States, bordered by Texas on the south and west, Kansas on the nor ...
, and leads the judiciary of Oklahoma, the
judicial The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudication, adjudicates legal disputes/disagreements and interprets, defends, and app ...
branch A branch, sometimes called a ramus in botany, is a woody structural member connected to the central trunk (botany), trunk of a tree (or sometimes a shrub). Large branches are known as boughs and small branches are known as twigs. The term '' ...
of the government of Oklahoma.Okla Const. art. VII, § 4
Oklegal.net (accessed May 23, 2013)
The Oklahoma Supreme Court meets in the
Oklahoma Judicial Center The Oklahoma Judicial Center is the headquarters of the Oklahoma Supreme Court, the Oklahoma Court of Criminal Appeals, and the Judiciary of Oklahoma. Situated near the Oklahoma State Capitol, the original structure, designed by the architectural ...
, having previously met in the
Oklahoma State Capitol The Oklahoma State Capitol is the house of government of the U.S. state of Oklahoma. It is the building that houses the Oklahoma Legislature and executive branch offices. It is located along Lincoln Boulevard in Oklahoma City and contains 452,5 ...
until 2011.Hoberock, Barbara
Oklahoma high courts move out of Capitol into Judicial Center
''Tulsa World'', July 31, 2011 (accessed May 15, 2013)
The court consists of nine justices nominated by a state commission and appointed by the governor. Members of the court are required to be
nonpartisan Nonpartisanism is a lack of affiliation with, and a lack of bias towards, a political party. While an Oxford English Dictionary definition of ''partisan'' includes adherents of a party, cause, person, etc., in most cases, nonpartisan refers sp ...
and are prohibited from a number of political activities including making or soliciting campaign contributions.


History

The Oklahoma Supreme Court was created by the ratification of the Oklahoma Constitution in 1907.Stephens, Jerry E.
Judiciary
,"
Encyclopedia of Oklahoma History and Culture
'' (accessed May 22, 2013)
After the construction on the
Oklahoma State Capitol The Oklahoma State Capitol is the house of government of the U.S. state of Oklahoma. It is the building that houses the Oklahoma Legislature and executive branch offices. It is located along Lincoln Boulevard in Oklahoma City and contains 452,5 ...
, which was completed in 1917,Oklahoma Capitol
, Encyclopedia of Oklahoma History and Culture (accessed May 15, 2013)
the Oklahoma Supreme Court offices and chamber were housed in the building. Plans to move the offices began in 2006. In 2011, the Oklahoma Supreme Court moved its offices from the Oklahoma State Capitol to the
Oklahoma Judicial Center The Oklahoma Judicial Center is the headquarters of the Oklahoma Supreme Court, the Oklahoma Court of Criminal Appeals, and the Judiciary of Oklahoma. Situated near the Oklahoma State Capitol, the original structure, designed by the architectural ...
.


Composition

The court consists of a chief justice, a vice-chief justice, and seven associate justices, who are nominated by the Oklahoma Judicial Nominating Commission and are appointed by the
governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
. After appointment, the justices serve until the next general state election. At that time, they must face a
retention election A judicial retention election (or retention referendum) is a periodic process in some jurisdictions whereby a judge is subject to a referendum held at the same time as a general election. The judge is removed from office if a majority of votes are ...
. If retained, they begin a six-year term. After their first term, justices must file for direct election by the people of Oklahoma to retain their position.Okla Const. art. VII, § 2
Oklegal.net (accessed May 23, 2013)
The Oklahoma Constitution specifies the size of the Oklahoma Supreme Court; however, it also grants the state legislature the power to change the number of justices by statute. According to Article VII, section 2, of the Oklahoma Constitution, the court shall consist of nine justices, one justice from each of the nine judicial districts of the state.


Qualification, appointment process and tenure

Each justice, at the time of election or appointment, must be at least thirty years old, a registered voter in the Supreme Court judicial district they represent for at least one year before filing for the position and a licensed practicing attorney or judge (or both) in Oklahoma for five years before appointment. The potential justice must maintain certification as an attorney or judge while in office in order to remain in their position. Qualified nominees must submit their names to the Oklahoma Judicial Nominating Commission to verify that they will serve if appointed. In the event of a vacancy on the court, after reviewing potential justices, the commission must submit three names to the
governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
, of whom the governor appoints one to the Supreme Court to serve until the next general state election. If the governor fails to appoint a justice within sixty days, the chief justice may appoint one of the nominees, who must certify their appointment to the
Oklahoma Secretary of State The Secretary of State of the State of Oklahoma is the chief clerical officer of Oklahoma and a member of the Oklahoma Governor's Cabinet. The Secretary of State is the only appointed constitutional member of the executive branch of the Oklahoma ...
. Elected justices serve six years in office with a term beginning on the second Monday in January following the general election. Justices appointed to fill vacancies take office immediately and continue to serve in their appointed posts until the next general election. To be eligible to stand for reelection, justices must, within sixty days before the general election, submit their desire to stand for reelection to the Secretary of State.Okla Const. art. VIIB, § 2 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 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 Commission must search for a potential replacement. Justices who have failed to file for reelection or were not retained by the people in the general election are 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.


Jurisdiction and powers

Section 4 of Article VII of the Oklahoma Constitution outlines the jurisdiction of the Supreme Court of Oklahoma. The
appellate jurisdiction A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...
of the Supreme Court is co-extensive with that of the state's borders. The court's jurisdiction applies to all cases "at law and in equity," except criminal cases, in which the
Oklahoma Court of Criminal Appeals The Oklahoma Court of Criminal Appeals is one of the two highest judicial bodies in the U.S. state of Oklahoma and is part of the Oklahoma Court System, the judicial branch of the Oklahoma state government.
has exclusive appellate jurisdiction. If there is a conflict in determining which court has jurisdiction, the Oklahoma Supreme Court is granted the power to determine which court has jurisdiction, with no appeal from the court's determination. Along with
Texas Texas (, ; Spanish language, Spanish: ''Texas'', ''Tejas'') is a state in the South Central United States, South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2 ...
, Oklahoma is one of two states to have two courts of last resort; the Oklahoma Supreme Court decides only civil cases, and the
Oklahoma Court of Criminal Appeals The Oklahoma Court of Criminal Appeals is one of the two highest judicial bodies in the U.S. state of Oklahoma and is part of the Oklahoma Court System, the judicial branch of the Oklahoma state government.
decides criminal cases. The Oklahoma Supreme Court has only immediate jurisdiction with respect to new first-impression issues, important legal issues, and cases of great public interest. In addition to appeals from the trial courts, the Oklahoma Supreme Court has jurisdiction over all lower courts, excluding the
Oklahoma Court on the Judiciary {{OKGovernment The Oklahoma Court on the Judiciary is one of the two independent courts in the Oklahoma judiciary and has exclusive jurisdiction in adjudicating discipline and hearing cases involving the removal of a judge from office, excluding the ...
, and the Oklahoma Senate, when that body is sitting as a Court of Impeachment. Judgments of the Oklahoma Supreme Court with respect to the Oklahoma Constitution are considered final. The court's authority includes the power to temporarily reassign judges. The Oklahoma Supreme Court also maintains the power to appoint an administrative director and staff. The director serves at the pleasure of the court to assist the chief justice in his administrative duties and to assist the
Oklahoma Court on the Judiciary {{OKGovernment The Oklahoma Court on the Judiciary is one of the two independent courts in the Oklahoma judiciary and has exclusive jurisdiction in adjudicating discipline and hearing cases involving the removal of a judge from office, excluding the ...
when it calls upon the office's administrative powers. The court has the power to issue, hear and determine writs of
habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...
,
mandamus (; ) is a judicial remedy in the form of an order from a court to any government, subordinate court, corporation, or public authority, to do (or forbear from doing) some specific act which that body is obliged under law to do (or refrain from ...
,
quo warranto In law, especially English and American common law, ''quo warranto'' (Medieval Latin for "by what warrant?") is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right, power, or ...
,
certiorari In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of ...
,
prohibition Prohibition is the act or practice of forbidding something by law; more particularly the term refers to the banning of the manufacture, storage (whether in barrels or in bottles), transportation, sale, possession, and consumption of alcoholic ...
and other remedial writs provided in statute and can be given further authority through statute. A justice of the court can issue the writ of habeas corpus to individuals held in custody if petitioned. Writs can be made to appear before any judge in the state. Aside from hearing cases, the court is also responsible for administering the state's entire judicial system, establishing rules of operation for the state's other courts. The Oklahoma Supreme Court formulates the rules for the practice of law, which govern the conduct of attorneys, and it administers discipline in appropriate cases. Many of the justices make personal appearances to speak to members of the bar, civic clubs, and educational groups. These appearances are made to help citizens understand the court's workings and decision-making process. Justices are also called upon to administer official oaths of office to public officials.


Ethics restrictions

Judicial officers are charged with maintaining the integrity and independence of the judiciary. Justices are required to be
nonpartisan Nonpartisanism is a lack of affiliation with, and a lack of bias towards, a political party. While an Oxford English Dictionary definition of ''partisan'' includes adherents of a party, cause, person, etc., in most cases, nonpartisan refers sp ...
and are prohibited from using their office or powers to promote or assist any private interest. Justices may not hold offices in political parties, make speeches for candidates, or contribute to campaigns for political office. Justices are also forbidden from campaigning for their own re-election unless there is active opposition to their retention in office. Even if justices or judges are actively campaigning for retention, they can not personally raise funds for their campaign.


Membership


Current justices

The Justices of the Oklahoma Supreme Court are: This graphical timeline depicts the length of each current Supreme Court justice's tenure (but not seniority) on the Court:


Chief Justice

The Chief Justice of the Oklahoma Supreme Court is the highest ranking judicial officer in the State and is tasked with administering the state judiciary. Unlike the
Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
where one justice is specifically appointed to be chief, the office of Chief Justice rotates among the justices. The justice elect from among their members a chief justice and a vice chief justice to serve a two-year term. There are no term limits or age restrictions on the position. The Senior Justice of the Oklahoma Supreme Court is the current serving justice with the longest tenure on the Court. As most of the day-to-day activities of the Court are based upon seniority of the justices, the position is the third highest ranking on the Court, behind the Chief Justice and the Vice Chief Justice. As the role of Chief Justice rotates among the justices, the Senior Justice represents the institutional memory of the Court.


Retired justices

There are currently six living retired justices of the Oklahoma Supreme Court: Daniel J. Boudreau,
Steven W. Taylor Steven W. Taylor (born June 7, 1949) is a former Chief Justice of the Oklahoma Supreme Court. He is a former mayor of McAlester, Oklahoma. As a state district court judge, Taylor was the presiding judge in the state trial of the Oklahoma City ...
, Joseph M. Watt, Patrick Wyrick,
John Reif John H. Reif (born 1951) is an American academic, and Professor of Computer Science at Duke University, who has made contributions to large number of fields in computer science: ranging from algorithms and computational complexity theory to roboti ...
, and
Tom Colbert Tom Colbert (born December 30, 1949) is a former Associate Justice of the Oklahoma Supreme Court. He was appointed to the Court's District 6 seat in 2004, by Governor Brad Henry, becoming the first African-American to serve on the court. On Jan ...
. As retired justices, they no longer participate in the work of the Supreme Court.


Seating

Many of the internal operations of the Court are organized by seniority of justices, with the chief justice is considered the most senior member of the court followed by the vice-chief justice, regardless of the length of their service. The other justices are then ranked by the length of their service. During the sessions of the Court, the justices sit according to seniority, with the Chief Justice in the center, the Vice-Chief Justice to chief's immediate right, and the most senior Justice to the chief's immediate left. The remaining justices alternate sides, with the most junior justice being to the chief's furthest left. As of July 26, 2021, with the retirement of Justice Tom Colbert, from the perspective of the audience, the justices sit as follows:


Succession of seats

The court has nine seats for active justices, numbered in the order in which they were filled. Justices who retire have no role in the operations of court except as authorized by the court itself. That seat is filled by the next justices appointed by the governor.


Timeline of justices


Since 1968

Beginning in 1968 with an amendment to the Oklahoma Constitution approved in 1967, seats on the Supreme Court ceased being filled by partisan election and instead were filled by non-partisan appointment by the
Governor of Oklahoma The governor of Oklahoma is the head of government of the U.S. state of Oklahoma. Under the Oklahoma Constitution, the governor serves as the head of the Oklahoma Executive (government), executive branch, of the government of Oklahoma. The gove ...
upon nomination by the Oklahoma Judicial Nominating Commission. Justices serve until the next general election following their appointment at which they are retained or rejected. If retained, they serve for an additional six-years until the next retention election. Note 1:
Note 2:
Note 3:
Bar key: Democrat appointee Republican appointee


Current court

The Kauger Court is the time since 2011 during which the Oklahoma Supreme Court has been led by Senior Justice
Yvonne Kauger Yvonne Kauger (born August 3, 1937) is an associate justice of the Oklahoma Supreme Court, and was appointed to the Court's District 4 seat by Governor George Nigh in 1984, and served as chief justice from 1997 to 1998. She was born in New Corde ...
, who was appointed by Governor
George Nigh George Patterson Nigh (born June 9, 1927) is an American politician and civic leader from the U.S. state of Oklahoma. Nigh served as the 17th and the 22nd governor of Oklahoma and as the eighth and tenth lieutenant governor of Oklahoma. He was th ...
in 1984. Justice Kauger assumed the role of Senior Justice upon the retirement of Justice Rudolph Hargrave. Note:
Bar key:
George Nigh George Patterson Nigh (born June 9, 1927) is an American politician and civic leader from the U.S. state of Oklahoma. Nigh served as the 17th and the 22nd governor of Oklahoma and as the eighth and tenth lieutenant governor of Oklahoma. He was th ...
appointee
David Walters David Lee Walters (born November 20, 1951) is an American politician who was the 24th governor of Oklahoma from 1991 to 1995. Born in Canute, Oklahoma, Walters was a project manager for Governor David Boren and the youngest executive officer ...
appointee
Frank Keating Francis Anthony Keating II (initially born as David Rowland Keating) (born February 10, 1944) is an American attorney and politician who served as the 25th governor of Oklahoma from 1995 to 2003. , Keating is one of only five governors in Okl ...
appointee Brad Henry appointee
Mary Fallin Mary Fallin (; née Copeland; born December 9, 1954) is an American politician who served as the 27th governor of Oklahoma from 2011 to 2019. A member of the Republican Party, she was elected in 2010 and reelected in 2014. She was the first and s ...
appointee Kevin Stitt appointee


Notable cases


''Prescott v. Oklahoma Capitol Preservation Commission''

In ''
Prescott v. Oklahoma Capitol Preservation Commission ''Prescott v. Oklahoma Capitol Preservation Commission'', 2015 OK 54, 373 P.3d 1032, was a landmark case by the Oklahoma Supreme Court in which the Court found the placement of a Ten Commandments Monument at the Oklahoma State Capitol was uncons ...
'', Oklahoma citizens challenged the placement of a Ten Commandments Monument on the grounds of the Oklahoma State Capitol under Article 2, Section 5 of the Oklahoma Constitution. The Court ruled, "We hold that the Ten Commandments Monument violates Article 2, Section 5 of the Oklahoma Constitution, is enjoined, and shall be removed". The 7–2 ruling overturns a decision by a district court judge who determined the monument could stay. It prompted calls by a handful of Republican lawmakers for impeachment of the justices who said the monument must be removed. Since the original monument was erected in 2012, several other groups have asked to put up their own monuments on the Capitol grounds. Among them is a group that wants to erect a 7-foot-tall statue that depicts Satan as Baphomet, a goat-headed figure with horns, wings and a long beard. A Hindu leader in Nevada, an animal rights group, and the Church of the Flying Spaghetti Monster also have made requests.


References


External links


Oklahoma Supreme Court official homepage

Oklahoma State Courts Network
{{authority control 1907 establishments in Oklahoma