Judiciary of Oklahoma
![](http://upload.wikimedia.org/wikipedia/commons/thumb/c/c5/Oklahoma_State_Capitol.jpg/259px-Oklahoma_State_Capitol.jpg)
![]() |
---|
|
The Oklahoma Court System is the judicial system for the U.S. State of Oklahoma. Based in Oklahoma City, the court system is a unified state court system that functions under the Chief Justice of Oklahoma who is its administrator-in-chief.
Under the judiciary, five types of courts function: Courts of Limited Jurisdiction, Courts of General Jurisdiction, an Immediate Appellate Court, Specials Courts, and Courts of Last Resort. Also, the Oklahoma judiciary contains two independent courts.[1][2] The two Courts of Last Resort arrangement exists only in Oklahoma and neighboring Texas.
All judges and justices requiring appointment are appointed by the Governor of Oklahoma. Candidates must first go through a nominating process through the Oklahoma Judicial Nominating Commission, which selects three candidates to submit to the Governor for a single selection to the office.[3]
Administration[]
The Oklahoma Supreme Court is charged with the administration of the entire state court system.[4] The court normally exercises this responsibility through the adoption of rules governing the court system and the behavior of attorneys in state courts.[4] The chief justice is the figure in charge of these rules.[5]
Courts[]
Under the judiciary, five types of courts function: Courts of Limited Jurisdiction, Courts of General Jurisdiction, an Immediate Appellate Court, Specials Courts, and Courts of Last Resort. Also, the Oklahoma judiciary contains two independent courts.[1][2] The two Courts of Last Resort arrangement exists only in Oklahoma and neighboring Texas.
The Supreme Court and Court of Criminal Appeals are courts of last resort. The Court of Civil Appeals is an intermediate appeals court. The District Courts are courts of general jurisdiction. The Workers’ Compensation Court, Court on Tax Review, and Municipal Courts are special courts with limited jurisdiction. The Court on the Judiciary and the Court of Impeachment are courts that are independent of the administration of the Supreme Court; there is no appeal from these court decisions.
Supreme Court[]
The Oklahoma Supreme Court is Oklahoma’s court of last resort in all civil matters and all matters concerning the Oklahoma Constitution. It consists of nine justices appointed by the governor to serve life terms, but unlike U.S. Supreme Court justices, they are subject to an election every six years in which voters choose whether or not to retain them. Each justice must be at least 30 years old, have previously been licensed as an attorney for five years, and have lived for at least one year in the Supreme Court judicial district from which they are selected.[3]
Five of the nine justices are required to affirm, modify, or overturn any ruling of any lower court. Once the Court has reached a decision, one justice is selected to write the court’s opinion. Once published, the opinion becomes the controlling factor in the state’s law surrounding the issue(s) it addresses.[6] This is known as "stare decisis". The justices select from among their members a chief justice and vice chief justice to serve two-year terms.
The Oklahoma Supreme Court is also charged with the administration of the entire state court system.[4] The court normally exercises this responsibility through the adoption of rules governing the court system and the behavior of attorneys in state courts.[4] The chief justice is the figure in charge of these rules.[5]
Court of Criminal Appeals[]
The Oklahoma Court of Criminal Appeals is the Oklahoma court of last resort involving all criminal matters.[7] The five judges are appointed by the Governor with the judges selecting a Chief Judge at the beginning of each term of court. Like the justices of the Supreme Court, the judges serve for life but must stand for election every six years to retain their position.
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.
Whenever there is a dispute involving whether a case falls under the jurisdiction of the Oklahoma Supreme Court or Court of Criminal Appeals, the Supreme Court determines, finally and authoritatively, which of the two courts has jurisdiction.[1]
Court of Civil Appeals[]
Because the Supreme Court has neither the time nor the resources to hear all cases brought before it, the legislature created the Oklahoma Court of Civil Appeals. When a case is brought before the Supreme Court, the justices may choose to send the case to one of the four divisions of the Civil Court of Appeals, of which two are located in Tulsa and two in Oklahoma City.[4] Each division of the court has three judges; they are appointed for life, but they must stand for election every six years to retain their positions.
Two of the three judges may choose to reaffirm, modify, or overturn any ruling of any lower court. However, if the Oklahoma Supreme Court disapproves of the court's ruling, it may review the decision.
District Courts[]
The backbone of the Oklahoma judiciary, the district courts, have general jurisdiction over almost all civil and criminal matters within their sphere of influence. Oklahoma has 77 district courts, each with one or more district judges and an associate district judge. The judges are elected, in a nonpartisan manner, to serve a four-year term. In the event of a vacancy in any of the district courts, the governor appoints a judge to serve until the next election. A special judge may be appointed to assist in the event of a heavy caseload.[8]
Oklahoma is divided into nine Judicial Administrative Districts, involving several district courts to assure a well-organized system. From the judges of the district courts, one is selected to serve as the Presiding Judge, who is responsible for the administration of their district. The Presiding Judge is answerable to the Oklahoma Supreme Court.
Candidates for district judge must be a practicing lawyer or judge for the past four years and must live in the districts in which they seek election. Associate judges must have been practicing lawyers or judges for the past two years.[9]
Civil appeals are heard by the Oklahoma Supreme Court and criminal appeals are heard by the Oklahoma Court of Criminal Appeals.[10]
Workers' Compensation Court of Existing Claims[]
The Oklahoma Workers' Compensation Court of Existing Claims is a temporary court that hears workers' compensation claims for injuries occurring before February 1, 2014. It replaces the Workers' Compensation Court, which was dissolved by SB1062, codified in 85A O.S. Title 85A creates a new Workers' Compensation Commission, an administrative agency to hear workers' compensation claims arising on or after February 1, 2014.[11] Claims submitted to the Court of Existing Claims are heard by a single judge in either Tulsa or Oklahoma City. A party who disapproves of the judge's ruling may request a hearing en banc, and appeals from such a hearing are heard by the Oklahoma Supreme Court. The court's mandate is scheduled to expire in 2020.[12][13]
Court of Tax Review[]
The Oklahoma Court of Tax Review is a special court in the Oklahoma judiciary charged with hearing disputes involving illegal taxes levied by county and city governments. All tax review cases are sent to the Chief Justice of Oklahoma, who then sends the claim to the presiding judge of the administration district from which the claim originated. The presiding judge then appoints three judges to serve as the Court on Tax Review. Appeals from the court are heard by the Oklahoma Supreme Court.[14]
Municipal Courts[]
With the exception of the Municipal Court of Oklahoma City and the Municipal Court of Tulsa, the Municipal Courts are courts of no record that operate under the administration of the Supreme Court but are not part of the state court system.[2] The judges, unlike any other judge, are appointed directly by the mayors of Oklahoma's cities. The courts exist to oversee the administration of justice within cities and have jurisdiction only over the violations of city ordinances, which are criminal in nature. They have no civil jurisdiction. Appeals from Municipal Courts are heard by District Courts.
Court on the Judiciary[]
One of the two independent courts in the Oklahoma Judiciary, the Oklahoma Court on the Judiciary is the court responsible for removing judges from their position if they have committed illegal acts. One of three such courts in the nation (the others are in Texas and Alabama), the Court on the Judiciary insures that other courts best administer justice.
Any judge (aside from Supreme Court justices) may be forcefully removed from office if found guilty of gross neglect of duty, corruption in office, habitual drunkenness, commission while in office of any offense involving moral turpitude, gross partiality in office, oppression in office, or other grounds as specified by the legislature. Forced retirement may occur if the court finds the judge in question to be mentally or physically incapable to perform his job. No other penalties may be imposed by this court, although other courts can hear other charges.[15]
The Court on the Judiciary consists of a nine-member Trial Division and a five-member Appellate Division.[16] The court’s jurisdiction may be called into force by the Governor, Attorney General, Oklahoma Supreme Court, the Oklahoma Bar Association, or by the House of Representatives. Also, private citizens can file a formal complaint against a judge to be heard by the Oklahoma Council of Judicial Complaints. It the complaint is approved, the case is heard by the Trial Division of the Court.[17]
All cases brought before the Court are heard by the Trial Division, and any appeals from it are heard by the Appellate Divisions.[18] There are no appeals from the Appellate Division’s decisions, and not even the Oklahoma Supreme Court may change its rulings.[19]
Court of Impeachment[]
The second independent court in the Oklahoma Judiciary is the Oklahoma Court of Impeachment, which is the Senate sitting. Impeachment charges are brought by the House of Representatives, and they are heard by the Senate, with the Chief Justice of Oklahoma presiding, unless the Chief Justice or any member of the Oklahoma Supreme Court is charged, in which case the Senate shall select one of its own members to preside.[20]
Impeachment charges may only be brought against the Governor and all other statewide elected state officials (including the Oklahoma Supreme Court Justices) for willful neglect of duty, corruption in office, habitual drunkenness, incompetency, or any offense involving moral turpitude committed while in office. An impeached official is suspended from duty until the conclusion of the impeachment process. Should the impeachment fail, the officer in question returns to his duties. However, if the impeachment is successful and the defendant found guilty, he is removed from office.[21]
Officers[]
All judges and justices requiring appointment are appointed by the Governor of Oklahoma. Candidates must first go through a nominating process through the Oklahoma Judicial Nominating Commission, which selects three candidates to submit to the Governor for a single selection to the office.[3]
Composition[]
Appellate Courts[]
Supreme Court
Seat | Justice | Appointed by | Term start | Succeeded |
---|---|---|---|---|
1 | M. John Kane IV | Kevin Stitt | 2019 | John Reif |
2 | Dustin Rowe | Kevin Stitt | 2019 | Patrick Wyrick |
3 | Noma Gurich | Brad Henry | 2011 | Marian P. Opala |
4 | Yvonne Kauger | George Nigh | 1984 | Ralph B. Hodges |
5 | James R. Winchester | Frank Keating | 2000 | Alma Wilson |
6 | Dana Kuehn | Kevin Stitt | 2021 | Tom Colbert |
7 | James E. Edmondson | Brad Henry | 2003 | Hardy Summers |
8 | Doug Combs | Brad Henry | 2010 | Rudolph Hargrave |
9 | Richard Darby | Mary Fallin | 2018 | Joseph M. Watt |
Court of Criminal Appeals
Seat | Judge | Appointed by | Term start | Succeeded |
---|---|---|---|---|
1 | Dana Kuehn | Mary Fallin | 2017 | Clancey Smith |
2 | Mary Fallin | 2015 | ||
3 | Henry Bellmon | 1989 | ||
4 | Mary Fallin | 2017 | Arlene Johnson | |
5 | Brad Henry | 2005 |
Court of Civil Appeals
Judge | Appointed by | Term start | Succeeded |
---|---|---|---|
Kevin Stitt | 2020 | Larry Joplin | |
Kenneth L. Buettner | Frank Keating | 1996 | |
Robert D. Bell | Brad Henry | 2005 | Carl Jones |
Deborah Barnes | Brad Henry | 2008 | |
John F. Fischer | Brad Henry | 2007 | |
Jane P. Wiseman | Brad Henry | 2005 | Joe C. Taylor |
E. Bay Mitchell | Frank Keating | 2002 | James P. Garrett |
Barbara Swinton | Mary Fallin | 2016 | William Hetherington |
Brian Jack Goree | Mary Fallin | 2012 | Carol M. Hansen |
Kevin Stitt | 2021 | P. Thomas Thornbrugh | |
W. Keith Rapp | George Nigh | 1984 | |
Kevin Stitt | 2020 | Jerry L. Goodman |
Court of Military Appeals
Seat | Judge | Appointed by | Term start | Succeeded |
---|---|---|---|---|
1 | Daniel G. Webber | Kevin Stitt | 2020 | |
2 | Michelle L. Keely | Kevin Stitt | 2020 | |
3 | TBD |
Trial Courts[]
District 1[]
Beaver, Cimarron, Harper, Texas Counties
Judge | Position | County | Appointed by | Term start | Succeeded |
---|---|---|---|---|---|
Jon Parsley | District Judge | At-Large | Mary Fallin | 2014 | |
Christine Marie Larson | Assoc. District Judge | Cimarron | Kevin Stitt | 2019 | |
Ryan D. Reddick | Assoc. District Judge | Beaver | Mary Fallin | 2011 | Gerald Riffe |
Aric Allley | Assoc. District Judge | Harper | Election | 2015 | |
Clark Jett | Assoc. District Judge | Texas | Mary Fallin | 2012 | Ryan D. Reddick |
District 2[]
Beckham, Custer, Ellis, Roger Mills, Washita Counties
Judge | Position | County | Appointed by | Term start | Succeeded |
---|---|---|---|---|---|
Jill Carpenter Weedon | District Judge | At-Large | Election | 2019 | |
Michelle Kirby Roper | Assoc. District Judge | Beckham | Election | 2015 | |
Donna Dirickson | Assoc. District Judge | Custer | Election | 2019 | Jill Carpenter Weedon |
Laurie Hays | Assoc. District Judge | Ellis | Election | 2015 | |
Pat VerSteeg | Assoc. District Judge | Roger Mills | Brad Henry | 2008 | |
Christopher Kelly | Assoc. District Judge | Washita | Election | 2006 |
District 3[]
Greer, Harmon, Jackson, Kiowa, Tillman Counties
Judge | Position | County | Appointed by | Term start | Succeeded |
---|---|---|---|---|---|
Brad Leverett | District Judge | At-Large | Election | 2019 | |
Eric Yarborough | Assoc. District Judge | Greer | Election | 2015 | |
Mike Warren | Assoc. District Judge | Harmon | |||
Clark Huey | Assoc. District Judge | Jackson | |||
Rick Marsh | Assoc. District Judge | Kiowa | |||
Brad Benson | Assoc. District Judge | Tillman |
District 4[]
District 5[]
District 6[]
District 7[]
Oklahoma County
Judge | Position | County | Appointed by | Term start | Succeeded |
---|---|---|---|---|---|
Don Andrews | District Judge | Oklahoma | Election | 2015 | |
Kristina Krikpatrick | District Judge | Oklahoma | Kevin Stitt | 2021 | Kendra Coleman |
Heather Coyle | District Judge | Oklahoma | Election | 2019 | |
Ray Elliott | District Judge | Oklahoma | Frank Keating | 1999 | |
Vacant | District Judge | Oklahoma | Kevin Stitt | 2021 | Timothy Henderson |
Natalie Mai | District Judge | Oklahoma | Election | 2019 | |
Richard Ogden | District Judge | Oklahoma | Mary Fallin | 2017 | Barbara Swinton |
Amy Palumbo | District Judge | Oklahoma | Election | 2019 | Howard Haralson |
Kaitlyn Allen | District Judge | Oklahoma | Kevin Stitt | 2021 | |
Susan Stallings | District Judge | Oklahoma | Election | 2019 | Bill Graves |
Sheila Stinson | District Judge | Oklahoma | Kevin Stitt | 2020 | Lisa Davis |
Kenneth Stoner | District Judge | Oklahoma | Mary Fallin | 2017 | Bryan C. Dixon |
Aletia Haynes Timmons | District Judge | Oklahoma | Election | 2015 | |
Cindy Truong | District Judge | Oklahoma | Election | 2011 | |
Anthony L. Bonner, Jr | District Judge | Oklahoma | Kevin Stitt | 2021 | |
Richard Kirby | Assoc. District Judge | Oklahoma | Election | 2007 |
District 8[]
Judge | Position | County | Appointed by | Term start | Succeeded |
---|---|---|---|---|---|
Lee Turner | District Judge | At-Large | Election | 2015 | DW Boyd |
David Bandy | Assoc. District Judge | Kay | Election | 2015 | |
Nikki Leach | Assoc. District Judge | Noble | Mary Fallin | 2014 | Dan Allen |
District 9[]
Judge | Position | County | Appointed by | Term start | Succeeded |
---|---|---|---|---|---|
Phillip Corley | District Judge | At-Large | Election | 2011 | |
Louis Duel | Assoc. District Judge | Logan | Election | 2011 | |
Stephen Kistler | Assoc. District Judge | Payne | Brad Henry | 2008 |
District 10[]
Osage County
Judge | Position | County | Appointed by | Term start | Succeeded |
---|---|---|---|---|---|
Stuart Tate | District Judge | Osage | Kevin Stitt | 2020 | M. John Kane IV |
Burl Estes | Assoc. District Judge | Osage | Kevin Stitt | 2021 | Stuart Tate |
District 11[]
Nowata and Washington Counties
Judge | Position | County | Appointed by | Term start | Succeeded |
---|---|---|---|---|---|
Linda Thomas | District Judge | At-Large | Election | 2019 | |
Carl Gibson | Assoc. District Judge | Nowata | Election | 2011 | |
Russell Vaclaw | Assoc. District Judge | Washington | Election | 2007 |
District 12[]
Craig, Mayes, and Rogers Counties
Judge | Position | County | Appointed by | Term start | Succeeded |
---|---|---|---|---|---|
Sheila Condren | District Judge | Rogers | Election | 2015 | |
Stephen Pazzo | District Judge | Rogers | Election | 2015 | |
Shawn Taylor | District Judge | Mayes | Brad Henry | 2009 | |
Joseph Gardner | Assoc. District Judge | Craig | Election | ||
Rebecca Gore | Assoc. District Judge | Mayes | Election | ||
Vacant | Assoc. District Judge | Rogers | Kevin Stitt | 2021 | Kassie McCoy |
District 13[]
District 14[]
Judge | Position | County | Appointed by | Term start | Succeeded |
---|---|---|---|---|---|
Daman H. Cantrell | District Judge | Tulsa | Election | 2007 | |
Martha Rupp Carter | District Judge | Tulsa | Election | 2019 | |
Douglas Drummond | District Judge | Tulsa | Election | 2015 | |
Kurt G. Glassco | District Judge | Tulsa | Brad Henry | 2009 | |
Kelly Greenough | District Judge | Tulsa | Mary Fallin | 2016 | |
Sharon Holmes | District Judge | Tulsa | Election | 2015 | |
William D. LaFortune | District Judge | Tulsa | Election | 2015 | |
Dawn Moody | District Judge | Tulsa | Election | 2019 | |
William J. Musseman | District Judge | Tulsa | Election | 2011 | |
Rebecca Nightingale | District Judge | Tulsa | Election | 2003 | |
Tracy Priddy | District Judge | Tulsa | Election | 2019 | James Caputo |
Caroline Wall | District Judge | Tulsa | Election | 2011 | |
James Huber | District Judge | Tulsa | Kevin Stitt | 2020 | Linda Morrissey |
Michelle L. Bodine-Keely | District Judge | Tulsa | Kevin Stitt | 2020 | Jefferson Sellers |
Patrick Pickerill | Assoc. District Judge | Pawnee | Mary Fallin | 2013 | |
Clifford Smith | Assoc. District Judge | Tulsa | Election | 2015 |
District 15[]
Adair, Cherokee, Muskogee, Sequoyah, Wagoner Counties
Judge | Position | County | Appointed by | Term start | Succeeded |
---|---|---|---|---|---|
Timothy King | District Judge | Muskogee | Kevin Stitt | 2019 | Mike Norman |
Douglas Kirkley | District Judge | Wagoner | Election | 2019 | Darrel Sheppard |
Bret Smith | District Judge | Muskogee | Election | 2019 | Thomas Alford |
Jeff Payton | District Judge | Adair | Election | 2007 | |
Elizabeth Brown | Assoc. District Judge | Adair | Election | 2003 | |
Joshua King | Assoc. District Judge | Cherokee | Election | 2019 | Mark Dobbins |
Norman Thygesen | Assoc. District Judge | Muskogee | Brad Henry | 2004 | Thomas Alford |
Kyle Waters | Assoc. District Judge | Sequoyah | Election | 2015 | |
Dennis Shook | Assoc. District Judge | Wagoner | Brad Henry | 2010 | Darrel Sheppard |
District 16[]
District 17[]
District 18[]
Judge | Position | County | Appointed by | Term start | Succeeded |
---|---|---|---|---|---|
Mike Hogan | District Judge | At-large | Election | 2019 | James Bland |
Brendon Bridges | Assoc. District Judge | McIntosh | Election | 2019 | James Pratt |
Tim Mills | Assoc. District Judge | Pittsburg | Election | 2015 |
District 19[]
District 20[]
District 21[]
District 22[]
District 23[]
District 24[]
District 25[]
District 26[]
Canadian County
Judge | Position | County | Appointed by | Term start | Succeeded |
---|---|---|---|---|---|
Paul Hesse | District Judge | Canadian | Mary Fallin | 2017 | |
Jack McCurdy | District Judge | Canadian | Election | 2019 | |
Bob Hughey | Assoc. District Judge | Canadian | Brad Henry | 2008 |
See also[]
References[]
- ^ Jump up to: a b c Oklahoma State Court Network, "The Oklahoma Appellate Courts" (accessed April 21, 2010).
- ^ Jump up to: a b c Oklahoma Legislature Website. "Okla Const. art. VII, § 1". Archived from the original on 2007-04-22.
- ^ Jump up to: a b c Oklahoma State Court Network, "Justices of the Oklahoma Supreme Court" (accessed April 21, 2010).
- ^ Jump up to: a b c d e Stephens, Jerry E., "Judiciary," Encyclopedia of Oklahoma History and Culture Archived 2010-05-31 at the Wayback Machine (accessed June 23, 2010).
- ^ Jump up to: a b Oklahoma State Court Network, The Supreme Court and the Judicial System" (accessed April 21, 2010).
- ^ Oklahoma Legislature Website. "Okla Const. art. VII, § 5". Archived from the original on 2007-04-22.
- ^ Oklahoma Court of Criminal Appeals, "OCCA" (accessed April 21, 2010).
- ^ Oklahoma Legislature Website. "Okla Const. art. VII, § 9". Archived from the original on 2007-07-29.
- ^ Oklahoma Legislature Website. "Okla Const. art. VII, § 8". Archived from the original on 2006-12-09.
- ^ Oklahoma State Court Network, "Judges of the District Court" (accessed April 21, 2010).
- ^ http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=471431
- ^ http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=471593
- ^ Oklahoma Workers' Compensation Court, "About the Court Archived 2010-04-13 at the Wayback Machine" (accessed April 21, 2010).
- ^ Oklahoma Legislature Website, Okla. Stat. tit. 68, § 3024 Archived 2013-04-11 at the Wayback Machine (accessed June 23, 2010).
- ^ Oklahoma Legislature Website. "Okla Const. art. VIIA, § 1". Archived from the original on 2007-06-25.
- ^ Oklahoma Legislature Website. "Okla Const. art. VIIA, § 2". Archived from the original on 2007-06-25.
- ^ Oklahoma Legislature Website. "Okla Const. art. VIIA, § 4". Archived from the original on 2006-12-10.
- ^ Oklahoma Legislature Website. "Okla Const. art. VIIA, § 5". Archived from the original on 2007-04-22.
- ^ Oklahoma Legislature Website. "Okla Const. art. VIIA, § 7". Archived from the original on 2007-06-25.
- ^ Oklahoma Legislature Website. "Okla Const. art. VIII, § 3". Archived from the original on 2007-04-22.
- ^ Oklahoma Legislature Website. "Okla Const. art. VIII, § 1". Archived from the original on 2007-04-22.
- Oklahoma state courts
- Government of Oklahoma
- State judiciaries in the United States