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.[1]

Oklahoma Supreme Court
The Oklahoma Judicial Center serves as the headquarters of the Court
Established1907
LocationOklahoma City, Oklahoma
Composition methodGubernatorial appointment with non-partisan statewide retention
Authorized byOklahoma Constitution
Appeals toSupreme Court of the United States
Judge term lengthLife, renewable every 6 years
Number of positions9
WebsiteOfficial website
Chief Justice
CurrentlyNoma Gurich
Since2019
Jurist term endsJanuary 8, 2023
Oklahoma
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The Oklahoma Supreme Court meets in the Oklahoma Judicial Center, having previously met in the Oklahoma State Capitol until 2011.[2] 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 and are prohibited from a number of political activities including making or soliciting campaign contributions.[3]

History
Hall leading to the Oklahoma Supreme Court when it met in the Oklahoma State Capitol.

The Oklahoma Supreme Court was created by the ratification of the Oklahoma Constitution in 1907.[4]

After the construction on the Oklahoma State Capitol, which was completed in 1917,[5] the Oklahoma Supreme Court offices and chamber were housed in the building. Plans to move the offices began in 2006.[5] In 2011, the Oklahoma Supreme Court moved its offices from the Oklahoma State Capitol to the Oklahoma Judicial Center.[2]

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. After appointment, the justices serve until the next general state election. At that time, they must face a retention election. 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.[6][7]

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 his or her 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 during his or her tenure in office in order to main their position.[6]

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, 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.[8]

Each time a justice of the Oklahoma Supreme Court is elected to retain his or her position in the general state elections, he or she continues to serve for another 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.[9]

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.[9]

Retention in office may be sought for successive terms without limit as to number of years or terms served in office.[9]

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 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 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.[1]

Along with Texas, 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 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.[1][10] 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, 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.[11][12]

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 when it calls upon the office’s administrative powers.[13]

The court has the power to issue, hear and determine writs of habeas corpus, mandamus, quo warranto, certiorari, prohibition 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.[1]

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.[14]

Ethics restrictions

Judicial officers are charged with maintaining the integrity and independence of the judiciary. Justices are required to be nonpartisan 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.[15]

Justices are also forbidden from campaigning for their own re-election unless there is an 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:

Seat District Justice Appointed by Birthday Age at Start date /
length of service		 Previous position or office
(most recent prior to joining the Court)		 Chief Law School Succeeded
StartPresent
1 2nd M. John Kane IV Kevin Stitt April 8, 1962 57 58 September 17, 2019
1 year, 139 days		 District Judge, Osage County, OK
(2005–19)		 — Oklahoma John Reif
2 At Large Dustin Rowe Kevin Stitt September 23, 1975 44 45 November 20, 2019
1 year, 75 days		 District Judge, Chickasaw Nation
(2005-19)		 — Oklahoma Patrick Wyrick
3 5th Noma Gurich Brad Henry September 26, 1952 58 68 January 7, 2011
10 years, 27 days		 District Judge, Oklahoma County, OK
(1998–2011)		 2019–present Oklahoma Marian P. Opala
4 3rd Yvonne Kauger George Nigh August 3, 1937 46 83 March 11, 1984
36 years, 329 days		 Judicial Assistant, Oklahoma Supreme Court
(1972–84)		 1997–1998 Oklahoma City Ralph B. Hodges
5 4th James R. Winchester Frank Keating March 23, 1952 47 68 January 4, 2000
21 years, 30 days		 Administrative Law Judge, Social Security Administration
(1997–2000)		 2007–2008 Oklahoma City Alma Wilson
6 1st Vacant Tom Colbert
7 At Large James E. Edmondson Brad Henry March 7, 1945 58 75 December 3, 2003
17 years, 62 days		 District Judge, Muskogee County, OK
(1983–2003)		 2009–2010 Georgetown Hardy Summers
8 At Large Doug Combs Brad Henry October 17, 1951 59 69 November 5, 2010
10 years, 90 days		 District Judge, Pottawatomie County, OK
(1995–2010)		 2017–2018 Oklahoma City Rudolph Hargrave
9 At Large Richard Darby Mary Fallin January 1, 1958 60 63 April 5, 2018
2 years, 304 days		 District Judge, Jackson County, OK
(1986–2018)		 — Oklahoma Joseph M. Watt

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

Chief Justice
This list is incomplete; you can help by adding missing items with reliable sources.
Chief Justice
Williams1907–1909
Kane1909–1911
Turner1911–1913
Kauger1997–1999
Summers1999–2001
Hargrave2001–2003
Watt2003–2007
Winchester2007–2009
Edmondson2009–2011
Taylor2011–2013
Colbert2013–2015
Reif2015–2017
Combs2017–2019
Gurich2019–present

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 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.

Retired justices

There are currently six living retired justices of the Oklahoma Supreme Court: Daniel J. Boudreau, Steven W. Taylor, Joseph M. Watt, Patrick Wyrick, John Reif, and Tom Colbert. As retired justices, they no longer participate in the work of the Supreme Court.

Name Date of appointment Date of retirement Appointed by Retired under Length of service Succeeded by
Daniel J. Boudreau 1999 2004 Frank Keating Brad Henry 5 years Tom Colbert
Steven W. Taylor 2004 2016 Brad Henry Mary Fallin 12 years Patrick Wyrick
Joseph M. Watt 1992 2017 David Walters Mary Fallin 15 years Richard Darby
Patrick Wyrick 2017 2019 Mary Fallin Kevin Stitt 2 years Dustin Rowe
John Reif 2007 2019 Brad Henry Kevin Stitt 12 years M. John Kane IV
Tom Colbert 2003 2021 Brad Henry Kevin Stitt 16 years TBD

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 February 1, 2021, with the retirement of Justice Tom Colbert, from the perspective of the audience, the justices sit as follows:

Justice Justice Justice Vice Chief
Justice		 Chief
Justice		 Senior
Justice		 Justice Justice Justice
Dustin Rowe Doug Combs James Winchester M. John Kane IV Richard Darby Yvonne Kauger James Edmondson Noma Gurich Vacant

Succession of seats
Main article: List of justices of the Oklahoma Supreme Court

The court has nine seats for active justices, numbered in the order in which they were filled. Justices who retire into senior status 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.

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 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: The blue vertical line denotes February 2021.
Note 2: Justices Lavender and Hodges were both appointed by Republican Governor Henry Bellmon in 1965 prior to the adoption of the new appointment method. Justice Lavender was a registered Republican while Justice Hodges was a registered Democrat.
Note 3: Justices Berry, Irwin, Williams, McInerney, Blackbird, Davison, and Jackson were elected as Democrats prior to the adoption of the new appointment method.
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, who was appointed by Governor George Nigh in 1984. Justice Kauger assumed the role of Senior Justice upon the retirement of Justice Rudolph Hargrave.

Note: The blue vertical line denotes "now" (February 2021).
Bar key:        George Nigh appointee •        David Walters appointee •        Frank Keating appointee •        Brad Henry appointee •        Mary Fallin appointee •        Kevin Stitt appointee

Notable cases

Prescott v. Oklahoma Capitol Preservation Commission
Main article: Ten Commandments Monument (Oklahoma City)

In Prescott v. Oklahoma Capitol Preservation Commission, 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".[16] 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.[17]

References
  1. Okla Const. art. VII, § 4, Oklegal.net (accessed May 23, 2013)
  2. Hoberock, Barbara. Oklahoma high courts move out of Capitol into Judicial Center, Tulsa World, July 31, 2011 (accessed May 15, 2013)
  3. "Supreme Court Scandal Examined". NewsOK.com. 1997-02-23. Archived from the original on 2017-06-18. Retrieved 2016-12-28.
  4. Stephens, Jerry E. "Judiciary Archived 2010-07-18 at the Wayback Machine," Encyclopedia of Oklahoma History and Culture Archived May 31, 2010, at the Wayback Machine (accessed May 22, 2013)
  5. Oklahoma Capitol Archived 2012-11-19 at the Wayback Machine, Encyclopedia of Oklahoma History and Culture (accessed May 15, 2013)
  6. Okla Const. art. VII, § 2, Oklegal.net (accessed May 23, 2013)
  7. Okla Const. art. VII, § 3, Oklegal.net (accessed May 23, 2013)
  8. Okla Const. art. VIIB, § 4, Oklegal.net (accessed May 23, 2013)
  9. Okla Const. art. VIIB, § 2
  10. Oklahoma State Court Network. "The Oklahoma Appellate Courts". Retrieved 2010-04-21.
  11. Okla Const. art. VIIA, § 7 (accessed May 23, 2013)
  12. Okla Const. art. VIII, § 3, Oklegal.net (accessed May 23, 2013)
  13. Okla Const. art. VII, § 6 (accessed May 23, 2013)
  14. Oklahoma State Court Network. "The Supreme Court and the Judicial System". Retrieved 2010-04-21.
  15. Okla Const. art. VIIB, § 6
  16. "PRESCOTT v. OKLAHOMA CAPITOL PRESERVATION COMMISSION". The Oklahoma State Courts Network – Oklahoma Supreme Court Cases. 30 June 2015. Retrieved 10 July 2015.
  17. "Oklahoma court: Ten Commandments monument must come down". The Associated Press. USA Today, a Gannett Company. 1 July 2015. Retrieved 10 July 2015.

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