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The '''Oklahoma Supreme Court''' is one of two courts of last resort in the state of ]. The '''Supreme Court of Oklahoma''' is one of the ] in the ] of ] and leads the ] ] of the ].


The ] consists of the Chief Justice of Oklahoma, a Vice-Chief Justice of Oklahoma, and seven Associate Justices of the Supreme Court of Oklahoma, who are nominated by the Oklahoma Judicial Nominating Commission and are appointed by the ]. After appointment by the Governor, the Justices serve for a term of six years. After their first term, Justice must fill for direct election from the people of Oklahoma to retain their position.
==Jurisdiction and Structure==
The court hears ] cases, as opposed to the ], which hears criminal appeals. The court's nine justices are appointed by the Governor via the ] from a list compiled by the Judicial Nominating Commission and are subject to a retention vote on a six-year rotating election schedule on a ], non-competitive basis. Joseph M. Watt has served as Chief Justice of the court since ] and is currently serving his second two-year term in that post.


By the Oklahoma Constitution, the judicial power of the state is vested in the Oklahoma Supreme Court, the Court of Criminal Appeals, the Court of Civil Appeals, and 77 District Courts. Administrative services for the Court System are provided by the Administrative Office of the Courts. Except with reference to the Senate, sitting as a Court of Impeachment, and the Court on the Judiciary, general administrative authority over all courts in the State is vested in the Supreme Court and is exercised by the Chief Justice.
==Current Justices==
District 1-]


Unlike most states, Oklahoma has two courts of last resort. The Oklahoma Supreme Court determines all issues of a civil nature, and the Oklahoma Court of Criminal Appeals decides all criminal matters. The Supreme Court has only immediate jurisdiction when new first impression issues, or important issues of law, or matters of great public interest are at stake. In addition to appeals from a trial, issues come to the Supreme Court within its general superintending control over all inferior courts, agencies, commissions and boards created by law, with the exception of the Court on the Judiciary and the Senate sitting as a Court of Impeachment.
District 2-]


The Oklahoma Supreme Court meets in ].
District 3-]


==Composition==
District 4-]
===Size of the Court===
Unlike the ], the Oklahoma Constitution does specify the size of the Supreme Court. However, the Legislature maintains the power to fix the number of Justices. According to Article VII section 2 of the Oklahoma Constitution, the Supreme Court shall consist of nine justices, one justice from each of the nine judicial districts of the State.


===Qualification, nomination, appointment and tenure of Justices===
District 5-]
Each Justice, at the time of their election or appointment, must have attained the age of thirty years, shall have been a registered voted in the district they represent for at least one year immediately prior to the date of filing or appointment, and must be a licensed practicing attorney or judge of a court of record, or both, in Oklahoma for five years preceding his election or appointment. The potential Justice must continue to be a duly licensed attorney while in office to be eligible to hold the office.
If a potential Justice meets these requirements, they must submit their name to the Judicial Nominating Commission (JNC) 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 ], out of whom, the Governor shall appoint 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, which is certified by the Oklahoma Secretary of State.


The terms of office of the Justices of the Supreme Court shall be six years and shall commence on the second Monday of January following their election. Justices appointed to fill vacancies shall take up office immediately and shall hold their post until the next general election. Within sixty days of the next general election, all Justices must submit to the Secretary of State their desire to stand for reelection. 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 shall search for a potential replacement. The former Judicial Officer shall not be eligible for appointment to succeed themselves. Retention in office may be sought for successive terms without limit as to number, except for retirement as may be provided by the Oklahoma Legislature for a maximum retirement age.
District 6-]


==Current Membership==
District 7-]
The current Justices of the Oklahoma Supreme Court, in order of seniority, are:


{| class="wikitable"
District 8-]
!Name
!Year of Birth
!Age
!Home Town
!District
!Appt. by
!Year app.
!Years retained
!Prior Positions
|-
|''']''' (Chief Justice of Oklahoma)
|]
|59
|], ]
|9th
|]
|1992
|1996, 2002
|Private practice (1973–1985); Altus City Attorney (1980–1985); Private practice (1986–1989); Special District Judge for Jackson County (1985–1986); Associate District Judge of Jackson County (1986–1991); General Counsel to the Office of Oklahoma Governor (1991–1992); Associate Justice of Oklahoma Supreme Court (1992–2003)
|-
|''']''' (Vice-Chief Justice of Oklahoma)
|]
|53
|], ]
|5th
|]
|2000
|2002
|Private practice (–1982); Associate District Judge for Caddo County (1983); District Judge for the Sixth Judicial District of Oklahoma (1983–1997); U.S. Administrative Law Judge (1997–2000)
|-
|''']'''
|]
|79
|], ]
|1st
|]
|1966
|1972, 1978, 1984, 1990, 1996, 2002
|Private practice (1953–1966); Associate Justice of Oklahoma (1966–1979); Chief Justice of Oklahoma (1979–1981)
|-
|''']'''
|]
|81
|], ]
|8th
|]
|1978
|1984, 1990, 1996, 2002
|Private practice (1949–1951); Assistant Attorney for Seminole County (1951–1955); Private practice (1955–1964); County Judge for Seminole County (1964–1967); Superior Judge for Seminole County (1967–1969), District Judge for 22nd state Judicial District (1969–1978); Associate Justice of Oklahoma (1978–1989); Chief Justice of Oklahoma (1989–1991)
|-
|''']'''
|]
|85
|], ] (nationalized in 1953)
|3rd
|]
|1978
|1984, 1980, 1996, 2002
|Private practice (1953–1968); Administrative Director of the Oklahoma State court system (1968&ndash:1977); Oklahoma Worker's Compensation Court (1977–1978); Associate Justice of Oklahoma (1978–1991); Chief Justice of Oklahoma (1991–1992)
|-
|''']'''
|]
|68
|], ]
|4th
|]
|1984
|1990, 1996, 2002
|Private practice (1969–1972); Judicial Assistant to Hon. Ralph B. Hodges (1972– 1984); Associate Justice of Oklahoma (1984–1997); Chief Justice of Oklahoma (1997&ndash:1998)
|-
|''']'''
|]
|61
|], ]
|7th
|]
|2003
|n/a
|Private practice (1973–1976); Assistant District Attorney of Muskogee County (1976–1978); Assistant U.S. Attorney for Eastern Oklahoma District (1978–1980); Acting U.S. Attorney for Easter Oklahoma District (1980–1981); Private practice (1981–1983); District Judge for the 15th state Judicial District (1983–2003)
|-
|''']'''
|]
|57
|], ]
|2nd
|]
|2004
|n/a
|Associate District Judge in the 18th Judicial District of Oklahoma (1984–1994); Judge of the 18th Judicial District (1994–2004)
|-
|nowrap |''']'''
|]
|56
|], ]
|6th
|]
|2004
|n/a
|United States Army the Criminal Investigation Division (1973–1975); Assistant Dean at Marquette University Law School (1982–1984); Assistant District Attorney in Oklahoma County (1984–1986); Private practice (1986–2000); Attorney for the Oklahoma Department of Human Services (1988–1989 and 1999–2000); Judge of Oklahoma Court of Civil Appeals (1999–2004); Chief Judge of Oklahoma Court of Civil Appeals (2004)
|}
<nowiki>*</nowiki>], the average age is 66 years.


==Jurisdiction and Powers==
District 9-]
Section 4 of Article VII of the Oklahoma Constitution outlines the jurisdiction of the Supreme Court of Oklahoma. The ] of the Supreme Court shall be co-extensive with the State. The Court’s jurisdiction applies to all cases “at law and in equity” except criminal cases, in which the Court of Criminal Appeals shall have exclusive appellate jurisdiction. If in any event there is any conflict as to jurisdiction, the Supreme Court shall determine which court has jurisdiction and such determination shall be final. The original jurisdiction of the Supreme Court shall extend to a general superintendent control over all inferior courts and all Agencies, Commissions and Boards created by Oklahoma.

The Supreme Court has power to issue, hear and determine writs of ], ], ], ], ] 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. Each of the Justices shall have power to issue writs of habeas corpus to any part of the State upon petition by or on behalf of any person held in actual custody and make such writs returnable before himself, or before the Supreme Court, other Appellate Courts, or before any District Court, or judge thereof in the State.

Except with reference to the Oklahoma Senate sitting as a Court of Impeachment and the Court on the Judiciary, general administrative authority over all courts in Oklahoma is vested in the Supreme Court. This authority includes the temporary assignment of any judge to a court other than that for which he was selected. Power to exercise this authority is granted to the Chief Justice in accordance with the Supreme Court’s rules. The Supreme Court shall appoint an administrative director and staff, who shall serve at its pleasure to assist the Chief Justice in his administrative duties and to assist the Court on the Judiciary.

Aside for hearing cases, Supreme 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.

On matters involving the Oklahoma Constitution alone, the Oklahoma Supreme Court is final. However, on matter involving the ], the ] may review the Court's decision.

==Restrictions==
Judicial officers are charged with maintaining the integrity and independence of the judiciary. No Justice or Judge may lend the prestige of the office to advance any private interest. They must refrain from participation in political activities. They may not hold offices in political organizations, make speeches for political organizations or candidates, or solicit funds for a political organization or make, directly or indirectly, contributions to political organizations or candidates. A Justice or Judge on a retention ballot may campaign only if there is active opposition to retention. Members of the judiciary may not personally raise money to counter such opposition. Instead, a committee must be formed to solicit and manage campaign monies. All members of the judiciary must not only avoid actual impropriety, they must avoid even its appearance in all of their activities. They are required to regulate extra-judicial activities in order to minimize any possible conflict of interest with the exercise of judicial duties.


==List of Former Justices== ==List of Former Justices==

Revision as of 23:07, 12 April 2006

The Supreme Court of Oklahoma is one of the highest judicial body in the U.S. state of Oklahoma and leads the judicial branch of the Oklahoma state government.

The court consists of the Chief Justice of Oklahoma, a Vice-Chief Justice of Oklahoma, and seven Associate Justices of the Supreme Court of Oklahoma, who are nominated by the Oklahoma Judicial Nominating Commission and are appointed by the Governor. After appointment by the Governor, the Justices serve for a term of six years. After their first term, Justice must fill for direct election from the people of Oklahoma to retain their position.

By the Oklahoma Constitution, the judicial power of the state is vested in the Oklahoma Supreme Court, the Court of Criminal Appeals, the Court of Civil Appeals, and 77 District Courts. Administrative services for the Court System are provided by the Administrative Office of the Courts. Except with reference to the Senate, sitting as a Court of Impeachment, and the Court on the Judiciary, general administrative authority over all courts in the State is vested in the Supreme Court and is exercised by the Chief Justice.

Unlike most states, Oklahoma has two courts of last resort. The Oklahoma Supreme Court determines all issues of a civil nature, and the Oklahoma Court of Criminal Appeals decides all criminal matters. The Supreme Court has only immediate jurisdiction when new first impression issues, or important issues of law, or matters of great public interest are at stake. In addition to appeals from a trial, issues come to the Supreme Court within its general superintending control over all inferior courts, agencies, commissions and boards created by law, with the exception of the Court on the Judiciary and the Senate sitting as a Court of Impeachment.

The Oklahoma Supreme Court meets in Oklahoma City, Oklahoma.

Composition

Size of the Court

Unlike the Supreme Court of the United States, the Oklahoma Constitution does specify the size of the Supreme Court. However, the Legislature maintains the power to fix the number of Justices. According to Article VII section 2 of the Oklahoma Constitution, the Supreme Court shall consist of nine justices, one justice from each of the nine judicial districts of the State.

Qualification, nomination, appointment and tenure of Justices

Each Justice, at the time of their election or appointment, must have attained the age of thirty years, shall have been a registered voted in the district they represent for at least one year immediately prior to the date of filing or appointment, and must be a licensed practicing attorney or judge of a court of record, or both, in Oklahoma for five years preceding his election or appointment. The potential Justice must continue to be a duly licensed attorney while in office to be eligible to hold the office. If a potential Justice meets these requirements, they must submit their name to the Judicial Nominating Commission (JNC) 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 shall appoint 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, which is certified by the Oklahoma Secretary of State.

The terms of office of the Justices of the Supreme Court shall be six years and shall commence on the second Monday of January following their election. Justices appointed to fill vacancies shall take up office immediately and shall hold their post until the next general election. Within sixty days of the next general election, all Justices must submit to the Secretary of State their desire to stand for reelection. 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 shall search for a potential replacement. The former Judicial Officer shall not be eligible for appointment to succeed themselves. Retention in office may be sought for successive terms without limit as to number, except for retirement as may be provided by the Oklahoma Legislature for a maximum retirement age.

Current Membership

The current Justices of the Oklahoma Supreme Court, in order of seniority, are:

Name Year of Birth Age Home Town District Appt. by Year app. Years retained Prior Positions
Joseph M. Watt (Chief Justice of Oklahoma) 1947 59 Austin, Texas 9th David Walters 1992 1996, 2002 Private practice (1973–1985); Altus City Attorney (1980–1985); Private practice (1986–1989); Special District Judge for Jackson County (1985–1986); Associate District Judge of Jackson County (1986–1991); General Counsel to the Office of Oklahoma Governor (1991–1992); Associate Justice of Oklahoma Supreme Court (1992–2003)
James Winchester (Vice-Chief Justice of Oklahoma) 1953 53 Clinton, Oklahoma 5th Frank Keating 2000 2002 Private practice (–1982); Associate District Judge for Caddo County (1983); District Judge for the Sixth Judicial District of Oklahoma (1983–1997); U.S. Administrative Law Judge (1997–2000)
Robert E. Lavender 1926 79 Muskogee, Oklahoma 1st Henry Bellmon 1966 1972, 1978, 1984, 1990, 1996, 2002 Private practice (1953–1966); Associate Justice of Oklahoma (1966–1979); Chief Justice of Oklahoma (1979–1981)
Rudolph Hargave 1923 81 Shawnee, Oklahoma 8th David L. Boren 1978 1984, 1990, 1996, 2002 Private practice (1949–1951); Assistant Attorney for Seminole County (1951–1955); Private practice (1955–1964); County Judge for Seminole County (1964–1967); Superior Judge for Seminole County (1967–1969), District Judge for 22nd state Judicial District (1969–1978); Associate Justice of Oklahoma (1978–1989); Chief Justice of Oklahoma (1989–1991)
Marian P. Ophala 1921 85 Lodz, Poland (nationalized in 1953) 3rd David L. Boren 1978 1984, 1980, 1996, 2002 Private practice (1953–1968); Administrative Director of the Oklahoma State court system (1968&ndash:1977); Oklahoma Worker's Compensation Court (1977–1978); Associate Justice of Oklahoma (1978–1991); Chief Justice of Oklahoma (1991–1992)
Yvonne Kauger 1937 68 Colony, Oklahoma 4th George Nigh 1984 1990, 1996, 2002 Private practice (1969–1972); Judicial Assistant to Hon. Ralph B. Hodges (1972– 1984); Associate Justice of Oklahoma (1984–1997); Chief Justice of Oklahoma (1997&ndash:1998)
James E. Edmondson 1945 61 Kansas City, Missouri 7th Brad Henry 2003 n/a Private practice (1973–1976); Assistant District Attorney of Muskogee County (1976–1978); Assistant U.S. Attorney for Eastern Oklahoma District (1978–1980); Acting U.S. Attorney for Easter Oklahoma District (1980–1981); Private practice (1981–1983); District Judge for the 15th state Judicial District (1983–2003)
Steven W. Taylor 1949 57 Henryette, Oklahoma 2nd Brad Henry 2004 n/a Associate District Judge in the 18th Judicial District of Oklahoma (1984–1994); Judge of the 18th Judicial District (1994–2004)
Tom Colbert 1949 56 Oklahoma City, Oklahoma 6th Brad Henry 2004 n/a United States Army the Criminal Investigation Division (1973–1975); Assistant Dean at Marquette University Law School (1982–1984); Assistant District Attorney in Oklahoma County (1984–1986); Private practice (1986–2000); Attorney for the Oklahoma Department of Human Services (1988–1989 and 1999–2000); Judge of Oklahoma Court of Civil Appeals (1999–2004); Chief Judge of Oklahoma Court of Civil Appeals (2004)

*As of 2006, the average age is 66 years.

Jurisdiction and Powers

Section 4 of Article VII of the Oklahoma Constitution outlines the jurisdiction of the Supreme Court of Oklahoma. The appellate jurisdiction of the Supreme Court shall be co-extensive with the State. The Court’s jurisdiction applies to all cases “at law and in equity” except criminal cases, in which the Court of Criminal Appeals shall have exclusive appellate jurisdiction. If in any event there is any conflict as to jurisdiction, the Supreme Court shall determine which court has jurisdiction and such determination shall be final. The original jurisdiction of the Supreme Court shall extend to a general superintendent control over all inferior courts and all Agencies, Commissions and Boards created by Oklahoma.

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. Each of the Justices shall have power to issue writs of habeas corpus to any part of the State upon petition by or on behalf of any person held in actual custody and make such writs returnable before himself, or before the Supreme Court, other Appellate Courts, or before any District Court, or judge thereof in the State.

Except with reference to the Oklahoma Senate sitting as a Court of Impeachment and the Court on the Judiciary, general administrative authority over all courts in Oklahoma is vested in the Supreme Court. This authority includes the temporary assignment of any judge to a court other than that for which he was selected. Power to exercise this authority is granted to the Chief Justice in accordance with the Supreme Court’s rules. The Supreme Court shall appoint an administrative director and staff, who shall serve at its pleasure to assist the Chief Justice in his administrative duties and to assist the Court on the Judiciary.

Aside for hearing cases, Supreme 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.

On matters involving the Oklahoma Constitution alone, the Oklahoma Supreme Court is final. However, on matter involving the United States Constitution, the United States Supreme Court may review the Court's decision.

Restrictions

Judicial officers are charged with maintaining the integrity and independence of the judiciary. No Justice or Judge may lend the prestige of the office to advance any private interest. They must refrain from participation in political activities. They may not hold offices in political organizations, make speeches for political organizations or candidates, or solicit funds for a political organization or make, directly or indirectly, contributions to political organizations or candidates. A Justice or Judge on a retention ballot may campaign only if there is active opposition to retention. Members of the judiciary may not personally raise money to counter such opposition. Instead, a committee must be formed to solicit and manage campaign monies. All members of the judiciary must not only avoid actual impropriety, they must avoid even its appearance in all of their activities. They are required to regulate extra-judicial activities in order to minimize any possible conflict of interest with the exercise of judicial duties.

List of Former Justices

External link

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