Oklahoma Oklahoma (; Choctaw: ; chr, ᎣᎧᎳᎰᎹ, ''Okalahoma'' ) is a state in the South Central region of the United States, bordered by Texas on the south and west, Kansas on the north, Missouri on the northeast, Arkansas on the east, New ...

Oklahoma Supreme Court 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 of Oklahoma, and leads the judiciary of Oklahoma, the judicial branch of the government of Oklahoma.

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 branch, of the government of Oklahoma. The governor is the '' ex o ...

Oklahoma Senate The Oklahoma Senate is the upper house of the two houses of the Legislature of Oklahoma, the other being the Oklahoma House of Representatives. The total number of senators is set at 48 by the Oklahoma Constitution.Henry Marshall Furman, Thomas H. Doyle, and H. G. Baker were appointed the first three judges of the court by Governor

Charles Haskell Charles Nathaniel Haskell (March 13, 1860 – July 5, 1933) was an American lawyer, oilman, and politician who was the first governor of Oklahoma. As a delegate to Oklahoma's constitutional convention in 1906, he played a crucial role in draftin ...

. The Second Legislature of Oklahoma (1909–1910) enacted House Bill 33 which perpetuated the Criminal Court of Appeals. The act repealed all prior laws in conflict and gave the court exclusive appellate jurisdiction. House Bill 33 provided that judges would be elected by the people of Oklahoma instead of appointed, with the first election of judges at the general election in 1910. The state was divided into three Criminal Court of Appeals judicial districts, designated respectively as the Eastern, Northern and Southern Criminal Court of Appeals judicial districts. The Twenty-seventh Legislature (1959–1960) enacted Senate Bill 36, which changed the name from Criminal Court of Appeals to Court of Criminal Appeals. In a special election on July 11, 1967, constitutional amendments were adopted to provide a complete reorganization of the Oklahoma Court System. Beginning in 1968, judges of the Court of Criminal Appeals ran on a non-partisan statewide retention ballot at the General Election only. If retained by the voters, judges serve a six-year term. If rejected, the vacancy is filled by appointment of the Governor and

Oklahoma Judicial Nominating Commission {{Update, inaccurate=yes, date=May 2021 The Oklahoma Judicial Nominating Commission is the judicial nominating commission of the U.S. state of Oklahoma. It selects potential justices and judges for gubernatorial appointments for judges for stat ...

. After the construction on the Oklahoma State Capitol, which was completed in 1917,Oklahoma Capitol
, Encyclopedia of Oklahoma History and Culture (accessed May 15, 2013) the high court offices and chambers 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.

Composition

Unlike the

Oklahoma Supreme Court 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 of Oklahoma, and leads the judiciary of Oklahoma, the judicial branch of the government of Oklahoma.

, the

Oklahoma Constitution The Constitution of the State of Oklahoma is the governing document of the U.S. State of Oklahoma. Adopted in 1907, Oklahoma ratified the United States Constitution on November 16, 1907, as the 46th U.S. state. At its ratification, the Oklaho ...

does not specify the size of the Court of Criminal Appeals. This grants the

Oklahoma Legislature The Legislature of the State of Oklahoma is the state legislative branch of the U.S. state of Oklahoma. The Oklahoma House of Representatives and Oklahoma Senate are the two houses that make up the bicameral state legislature. There are 1 ...

the power to fix the number of judges by statute.

Qualification, nomination, appointment and tenure of judges

Judges, at the time of their elections or appointments, must be at least thirty years old, must be registered voters in the Court of Criminal Appeals judicial districts they represent for at least one year before filing for the position, and must be licensed practicing attorneys or

judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...

s (or both) in Oklahoma for five years before their appointments. The potential judges must maintain their certifications as attorneys or judges during their tenures in office to main their positions.Okla Const. art. VII, § 2 Potential Judges who meet these requirements must submit their names to the

Oklahoma Judicial Nominating Commission {{Update, inaccurate=yes, date=May 2021 The Oklahoma Judicial Nominating Commission is the judicial nominating commission of the U.S. state of Oklahoma. It selects potential justices and judges for gubernatorial appointments for judges for stat ...

to verify that they will serve if appointed. In the event of a vacancy on the Court of Criminal Appeals, after reviewing potential Justices, the commission must submit three named 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 ...

, out of whom, the governor appoints one of the three to the Court of Criminal Appeals 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 his or her appointment to

Secretary of State of Oklahoma 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 ...

. Judges of the Court of Criminal Appeals who are elected to retain their positions in the general state elections will continue to serve for another six years in office with their terms 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 posts until the next general election. In order to be eligible to stand for reelection, Judges must, within sixty days before the general election, submit to the Secretary of State their desire to stand for reelection.Okla Const. art. VIIB, § 2
/ref> Judges who stand for reelection are then put to election by the people of Oklahoma. If the majority vote to retain the judges, they will serve for another six-year term. However, when a judge declines to seek reelection or is defeated, the seat on the Court of Criminal Appeals shall be considered vacant at the end of the current term and the Judicial Nominating Committee must search for a potential replacement. Judges who have failed to file for reelection or were not retained by the people of Oklahoma 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. Since 1907, every judge that has sought reelection has won.

Jurisdiction and powers

The bifurcated system of separate final appeal courts for civil and criminal cases exists only in

Oklahoma Oklahoma (; Choctaw: ; chr, ᎣᎧᎳᎰᎹ, ''Okalahoma'' ) is a state in the South Central region of the United States, bordered by Texas on the south and west, Kansas on the north, Missouri on the northeast, Arkansas on the east, New ...

and neighboring

Texas Texas (, ; Spanish: ''Texas'', ''Tejas'') is a state in the South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2020, it is the second-largest U.S. state by ...

, meaning that, unlike most states, Oklahoma has two courts of last resort. The

Oklahoma Supreme Court 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 of Oklahoma, and leads the judiciary of Oklahoma, the judicial branch of the government of Oklahoma.

, which is considered the first among equals of the two, determines all issues of a civil nature, and the Oklahoma Court of Criminal Appeals decides all criminal matters. Regardless of where the appeal comes from, the Court of Criminal Appeals is always the first court to hear an appeal involving the death sentence in Oklahoma.Okla. Stat. tit. 21, § 701–13 Whenever there is dispute involving whether a case falls under the jurisdiction of the Oklahoma Supreme Court or Court of Criminal Appeals, the Supreme Court determines which of the two bodies has jurisdiction. Its decision on the matter is final.

Membership

Current judges

The Judges of the Oklahoma Court of Criminal Appeals are:

Timeline of judges

Since 1967

Beginning in 1968 with an amendment to the Oklahoma Constitution approved in 1967, seats on the Court of Criminal Appeals 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 branch, of the government of Oklahoma. The governor is the '' ex o ...

upon nomination by the

Oklahoma Judicial Nominating Commission {{Update, inaccurate=yes, date=May 2021 The Oklahoma Judicial Nominating Commission is the judicial nominating commission of the U.S. state of Oklahoma. It selects potential justices and judges for gubernatorial appointments for judges for stat ...

. Judges 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:
Bar key:

References

External links

Oklahoma Court of Criminal Appeals website
{{authority control

Oklahoma Oklahoma (; Choctaw: ; chr, ᎣᎧᎳᎰᎹ, ''Okalahoma'' ) is a state in the South Central region of the United States, bordered by Texas on the south and west, Kansas on the north, Missouri on the northeast, Arkansas on the east, New ...

Court of Criminal Appeals Court of Criminal Appeals 1907 establishments in Oklahoma Courts and tribunals established in 1907

History

Composition

Qualification, nomination, appointment and tenure of judges

Jurisdiction and powers

Membership

Current judges

Timeline of judges

Since 1967

See also

References

External links