Title 20. Courts
§201. Number of justices Appointment of additional justices.
The Supreme Court shall consist of nine (9) justices. Immediately upon the passage and approval of this act, the Governor shall appoint by and with the advice and consent of the Senate one Justice of the Supreme Court from each of the four additional Supreme Court judicial districts hereby created, each of whom shall serve until the second Monday in January, 1919, and until his successor is elected and qualified.
Added by Laws 1917, c. 145, p. 232, § 1.
§202. Supreme court judicial districts.
The Supreme Court Judicial District No. 1 shall embrace and include the following counties: Ottawa, Craig, Nowata, Rogers, Washington, Osage, Pawnee, Kay and Grant.
The Supreme Court Judicial District No. 2 shall embrace and include the following counties: LeFlore, Haskell, Pittsburg, Latimer, Pushmataha, McCurtain, Choctaw, Bryan, Marshall, Johnston, Atoka, McIntosh and Sequoyah.
The Supreme Court Judicial District No. 3 shall embrace and include the following county: Oklahoma.
The Supreme Court Judicial District No. 4 shall embrace and include the following counties: Beckham, Dewey, Roger Mills, Ellis, Woodward, Woods, Major, Harper, Beaver, Texas, Cimarron, Alfalfa, Garfield, Kingfisher, Blaine, Custer and Washita.
The Supreme Court Judicial District No. 5 shall embrace and include the following counties: Cleveland, McClain, Garvin, Murray, Carter, Love, Grady, Stephens and Jefferson.
The Supreme Court Judicial District No. 6 shall embrace and include the following county: Tulsa.
The Supreme Court Judicial District No. 7 shall embrace and include the following counties: Muskogee, Creek, Okmulgee, Wagoner, Cherokee, Adair, Delaware and Mayes.
The Supreme Court Judicial District No. 8 shall embrace and include the following counties: Pottawatomie, Seminole, Hughes, Pontotoc, Coal, Okfuskee, Lincoln, Logan, Payne and Noble.
The Supreme Court Judicial District No. 9 shall embrace and include the following counties: Kiowa, Jackson, Tillman, Harmon, Cotton, Comanche, Caddo, Greer and Canadian.
Added by Laws 1917, c. 145, p. 232, § 2, emerg. eff. March 30, 1917. Amended by Laws 1968, c. 24, § 1, emerg. eff. Feb. 19, 1968.
§203. Justices elected When.
At the regular biennial election in 1918, a justice shall be elected for each of said four additional districts, who shall be nominated by the electors of the district in which he resides, at the primary election, next preceding such biennial election. The justice for districts six and nine shall be elected for a term of six (6) years; the justice for district number seven, for a term of four (4) years, and the justice for district number eight, for a term of two (2) years, and thereafter, three of the Justices of the Supreme Court shall be elected at each general biennial election to serve for a term of six (6) years each, from the second Monday in January, succeeding his election. The successors to the existing five justices shall be elected at the time authorized by existing laws, it not being the purpose of this act to disturb the terms or districts of such justices.
Added by Laws 1917, c. 145, p. 233, § 3, emerg. eff. March 30, 1917.
§20-3.1. Salaries.
Except as otherwise provided by the Board on Judicial Compensation, the following judicial officers shall receive compensation for their services, payable monthly as follows:
1. The Chief Justice of the Supreme Court shall receive an annual salary of One Hundred Seventeen Thousand Five Hundred Seventy-one Dollars ($117,571.00); and
2. An Associate Justice of the Supreme Court shall receive an annual salary of One Hundred Thirteen Thousand Five Hundred Seventy-one Dollars ($113,571.00).
Added by Laws 1997, c. 384, § 3, eff. Jan. 1, 1998. Amended by Laws 2000, c. 37, § 3, eff. Jan. 1, 2001; Laws 2004, c. 499, § 1, eff. July 1, 2005.
§20-3.2. Creation - Membership - Staff - Reimbursement.
A. There is hereby created the Board on Judicial Compensation. Pursuant to the provisions of Section 11 of Article VII of the Oklahoma Constitution, members of the State Judiciary shall receive compensation as shall be fixed by the Board on Judicial Compensation as provided in this act, unless such compensation is rejected or amended by law passed by a majority vote of each house of the Legislature. If the Governor vetoes such a law, the procedure shall be the same as for the veto of any other bill or joint resolution.
B. The Board shall be composed of seven (7) members. Two members shall be appointed by the President Pro Tempore of the Senate, two members shall be appointed by the Speaker of the House of Representatives, two members shall be appointed by the Governor, and one member shall be appointed by the Chief Justice of the Supreme Court. The members appointed by the President Pro Tempore of the Senate shall be from labor and civic organizations. The members appointed by the Speaker of the House of Representatives shall be from communications media and retail business. The members appointed by the Governor shall be from manufacturing and professional fields not otherwise specified. The member appointed by the Chief Justice of the Supreme Court shall be from agriculture. No more than four members shall be from any one political party. No active or retired judge or attorney practicing law in any state may serve on the Board on Judicial Compensation.
C. The Administrative Office of the Courts shall provide such staff and support as is necessary for the Board on Judicial Compensation to carry out its duties. Requests from the Board for staff and support shall be coordinated through the Office of the Administrative Director of the Courts.
D. The members of the Board shall serve terms which run concurrently with the terms of the respective appointing authorities and shall serve at their pleasure.
E. The members of the Board shall select a chair and secretary and such other officers as they deem necessary.
F. Members of the Board shall serve without compensation but shall be reimbursed by their appointing authority for all actual and necessary expenses incurred in the performance of their duties in accordance with the State Travel Reimbursement Act.
Added by Laws 2004, c. 499, § 2, eff. July 1, 2005.
§20-3.3. Meetings - Changes in judicial compensation.
A. The Board on Judicial Compensation shall meet on the third Tuesday of September in every odd-numbered year in the Administrative Office of the Courts, at which meeting the Board shall review the compensation paid to members of the State Judiciary and, if necessary, change the compensation. In its review, the Board shall consider various factors, including judicial compensation in other states, with an emphasis on states within the region, the value of comparable services performed in the private sector, compensation of attorneys in the private and public sectors, compensation of other state, county and municipal public officials, and changes in the cost of living. The Board may, at the call of the chair or upon a majority vote of its membership, hold such additional meetings as are necessary to carry out its official duties. Any change in judicial compensation shall be made by the Board not later than the third Tuesday of November in said odd-numbered year. Four members of the Board shall constitute a quorum and a majority vote of the quorum shall be necessary for the Board to act.
B. Any change in judicial compensation, unless rejected or amended as provided for in Section 2 of this act, shall become effective on July 1 of the following calendar year. Any amendment passed by a majority vote of each house of the Legislature shall become effective as provided by said amendment unless vetoed by the Governor.
Added by Laws 2004, c. 499, § 3, eff. July 1, 2005.
§20-3.4. State judiciary for whom compensation will be set.
For purposes of this act, the State Judiciary for which the Board on Judicial Compensation shall review and set compensation shall be as follows:
1. The Chief Justice of the Supreme Court;
2. The Associate Justices of the Supreme Court;
3. The Presiding Judge of the Court of Criminal Appeals;
4. The Judges of the Court of Criminal Appeals;
5. The Presiding Judge of the Court of Civil Appeals;
6. The Judges of the Court of Civil Appeals;
7. The district court judges;
8. The associate district court judges; and
9. The special district court judges.
Added by Laws 2004, c. 499, § 4, eff. July 1, 2005.
§204. Office of Public Affairs to provide rooms and supplies.
The Office of Public Affairs shall provide suitable office space, furniture, furnishings, and office supplies for each Justice for use in the performance of his official duties.
Added by Laws 1917, c. 145, p. 233, § 6, emerg. eff. March 30, 1917. Amended by Laws 1983, c. 304, § 8, eff. July 1, 1983.
§205. Justices not to be candidates for nonjudicial office.
No Justice of the Supreme Court shall become, during the term for which he may be elected or appointed, a candidate for any office other than a judicial position.
Added by Laws 1917, c. 145, p. 233, § 7, emerg. eff. March 30, 1917.
§206. Effect of partial invalidity.
The invalidity of any section, provision, clause or portion of this act shall not be construed to invalidate the remaining portion thereof.
Added by Laws 1917, c. 145, p. 234, § 8, emerg. eff. March 30, 1917.
§209. Jury trial allowed, when.
In any cause in the Supreme Court wherein said Court is exercising its original jurisdiction in which an issue of fact is presented properly triable by a jury, and either party to said cause demands a jury trial, or in cases of indirect contempts, if the accused demands a jury trial, said Court shall not dismiss such cause for the reason that a jury is required, but shall proceed in the manner hereinafter prescribed.
R.L. 1910, § 1755.
§2010. Manner of trial.
The Supreme Court may try said issue of fact in banc or may designate one of its members to preside at such trial; and a jury shall be secured as provided in the following section. The Court or the justice trying the same shall conduct said trial, and the verdict therein shall be rendered in the same manner as the trial of issues of fact in civil causes in district courts.
R.L. 1910, § 1756.
§2011. Jury, how secured.
The Supreme Court, or the member thereof designated to try said issue of fact, shall by order direct the clerk of said Court to issue an open venire for twentyfour persons having the qualification of jurors in the district court, to be drawn from the body of the state, which venire shall state the time and place said jurors shall appear. The venire shall be issued to and served and returned by the marshal of said Court. If any of said jurors shall be disqualified to serve, the court may summon other jurors, in the manner provided by law, to complete said panel. Challenges shall be allowed to such jurors as in civil causes before the district court.
R.L. 1910, § 1757.
§2012. Fees and costs Attendance of witnesses.
The party demanding a jury shall deposit with the Clerk of the Supreme Court a sum sufficient to pay the expenses of summoning the jury and the jurors' fees. The Clerk, Marshal, jurors and witnesses shall be entitled to the same fees and mileage as are allowed in the district court for like services. Witnesses may be notified by the Clerk by mail and shall be required to attend from any county in the state, if required by the party requesting such witness. The entire costs in the cause shall be adjudged against the losing party, or apportioned in such manner as the Court may in its discretion direct. The Court may require deposits from either party as the cause proceeds, to secure costs.
R.L. 1910, § 1758.
§2014. Actions involving removal or location of state capital or educational or charitable institutions Jurisdiction, powers and procedure.
Exclusive original jurisdiction is hereby conferred upon the Supreme Court of the State of Oklahoma, to hear and determine any action that may be brought involving the legality of the removal or location, or an attempt to remove or locate, the state capital or any normal school or other educational or charitable institution of the state, and in any such action the Supreme Court shall have the same power and jurisdiction, including the power to appoint a referee, which it now has under the laws of this state in contests over the location of county seats, and all such actions shall be governed by the same procedure which now prevails in county seat contests.
Provided that any resident taxpayer of this state, shall have a right to a hearing before the Supreme Court upon the execution of a good and sufficient bond for cost, to be approved by the Clerk of the Court. And, provided further that any and all actions brought under the provisions of this act shall be commenced within ten (10) days after the passage of any act for the removal or location of the state capital or any normal school or other educational or charitable institution of the state.
Added by Laws 191011, c. 1, p. 1, § 1, emerg. eff. Dec. 10, 1910.
§20-14.1. Entities authorized to issue bonds – Application to the Supreme Court for approval.
Any department, institution, board, bureau, division, commission, agency, trusteeship, or authority of state government authorized to issue bonds, notes, or other evidences of indebtedness may, upon advice of bond counsel or upon governing board approval, file an application with the Supreme Court of Oklahoma for the approval of any obligations to be issued by it. Exclusive original jurisdiction shall be conferred upon the Supreme Court to hear and determine each such application pursuant to rules and procedures designated by the Court. The Court may give such applications precedence over the other business of the Court and to consider and pass upon the applications and any protests which may be filed against the application as expeditiously as possible.
Notice of the hearing on each application shall be given by a notice in a newspaper of general circulation in the state that on a day named, the applicant will ask the Court to hear its application and approve the obligations. Notice shall inform all persons interested that they may file protests against the issuance of the obligations and be present at the hearing and contest its legality. The notice shall be published one time not less than ten (10) days prior to the date named for the hearing and the hearing may be adjourned from time to time in the discretion of the Court.
If the Court is satisfied that the obligations have been properly authorized in accordance with the law and that when issued, they will constitute valid obligations in accordance with their terms, the Court shall render its written opinion approving the obligations and shall fix the time within which a petition for rehearing may be filed. The decision of the Court shall be a judicial determination of the validity of the obligations, shall be conclusive as to the applicant, its officers and agents, and thereafter the obligations so approved and the revenues pledged to their payment shall be incontestable in any court in this state.
Added by Laws 2001, c. 171, § 1, eff. Nov. 1, 2001.
§20-14.2. Repealed by Laws 2002, c. 481, § 4.
§20-15. Deposit to cover costs - Indigents.
In each case filed in the Supreme Court and in each application seeking reinstatement to the Oklahoma Bar Association, and at the time of filing same, there shall be deposited with the Clerk as costs in said cause Two Hundred Dollars ($200.00) of which no rebate of any part thereof shall be made; provided, the Supreme Court may prescribe by rules the procedure for affording access to that Court, without the deposit of costs, to those indigent persons who are deemed by it entitled thereto.
Added by Laws 1915, c. 87, § 5. Amended by Laws 1921, c. 23, p. 29, § 1; Laws 1927, c. 102, p. 163, § 1; Laws 1967, c. 153, § 1, emerg. eff. May 1, 1967; Laws 1972, c. 118, § 1, emerg. eff. March 31, 1972; Laws 1983, c. 273, § 4, operative July 1, 1983; Laws 1986, c. 223, § 16, operative July 1, 1986; Laws 1993, c. 227, § 1, eff. July 1, 1993; Laws 2004, c. 293, § 2, eff. Nov. 1, 2004.
§2015.1. Appeals Additional attorney fees.
On any appeal to the Supreme Court, the prevailing party may petition the court for an additional attorney fee for the cost of the appeal. In the event the Supreme Court or its designee finds that the appeal is without merit, any additional fee may be taxed as costs.
Added by Laws 1982, c. 336, § 5, emerg. eff. June 2, 1982.
§2016. Mandate When to issue without cost.
Any cause pending in the Supreme Court or Criminal Court of Appeals which has been finally disposed of and where nothing remains to be done but to send down to the trial court the mandate and where the costs are in such cases exhausted the mandate shall issue without further costs.
Added by Laws 1927, c. 102, p. 164, § 3.
§2016.1. Administrative Director of the Courts.
There shall be appointed by the Supreme Court an Administrative Director of the Courts, who shall serve at the pleasure of the Supreme Court to assist the Chief Justice in performance of administrative duties.
Added by Laws 1968, c. 379, § 1, eff. July 1, 1968.
§2016.4. Assistance to Judicial Nominating Commission.
The Administrative Director and his staff shall assist the Judicial Nominating Commission.
Added by Laws 1968, c. 379, § 4, eff. July 1, 1968.
§2016.5. Travel and lodging expenses of Nominating Commissioneers Reimbursement Approval.
Members of the Judicial Nominating Commission shall be reimbursed for their necessary travel and lodging expenses while performing their duties as such Commissioners as provided by the State Travel Reimbursement Act. A member shall certify his expenses to the Administrative Director and, upon the latter's approval thereof, the State Treasurer shall issue his reimbursing warrant, to be paid out of any funds appropriated for such purpose.
Added by Laws 1968, c. 379, § 5, eff. July 1, 1968. Amended by Laws 1979, c. 47, § 7, emerg. eff. April 9, 1979.
§2016.6. Court on the Judiciary members Expenses Prosecutors Compensation Witness fees and expenses.
A. A member of the Court on the Judiciary shall certify his actual and necessary travel expenses to the Administrative Director of the Courts, and, upon the latter's approval thereof reimbursement shall be as provided by the State Travel Reimbursement Act, the State Treasurer shall issue a warrant, to be paid out of any funds appropriated for such purpose. Prosecutors before the Court on the Judiciary shall certify to the Administrative Director of the Courts the amount that has been allowed as compensation by the Court, and upon the latter's approval thereof, the State Treasurer shall issue a warrant, to be paid out of any funds appropriated for such purpose. Any claim certified for payment by the trial division of the Court on the Judiciary or by any of its members, when disapproved by the Administrative Director of the Courts, may be reviewed by the appellate division of that Court under such rules of procedure as that division shall prescribe. The appellate division shall have exclusive power over claims that are disapproved by the Administrative Director of the Courts. Its decision in the matter shall be final.
B. 1. Any employee of the state or any political subdivision thereof who is subpoenaed as a witness to testify before the Court on the Judiciary on any matter related to their employment shall receive reimbursement for expenses in the same manner and to the same extent as is prescribed in Section 84.1 of Title 28 of the Oklahoma Statutes.
2. Any other person subpoenaed as a witness to testify before the Court on the Judiciary shall receive the fees prescribed in Section 81 of Title 28 of the Oklahoma Statutes.
3. All fees and reimbursement for expenses provided for in this subsection shall be payable from funds appropriated to the State Supreme Court for the use of the Court on the Judiciary, subject to the approval of the Administrative Director of the Courts.
Added by Laws 1968, c. 379, § 6, eff. July 1, 1968. Amended by Laws 1976, c. 271, § 8, emerg. eff. June 15, 1976; Laws 1979, c. 47, § 8, emerg. eff. April 9, 1979; Laws 1986, c. 153, § 1, emerg. eff. May 5, 1986.
§2016.7. Secretary to presiding judge of judicial administrative district.
The Supreme Court may authorize the presiding judge of each judicial administrative district to employ a fulltime secretary.
Added by Laws 1968, c. 379, § 7, eff. Jan. 13, 1969. Amended by Laws 1985, c. 237, § 1, operative Aug. 1, 1985.
§2016.11. Annual reports.
The Administrative Director of the Courts is requested to submit a report to the Legislature each year commencing in January, 1970 (and in each January thereafter), on the following subjects:
(a) Whether or not the boundaries of the district court judicial districts should be changed. If a change is recommended, the report should indicate the counties that should be included in each district.
(b) The number of district judges and associate district judges that should be authorized for each judicial district.
(c) If the formula for the number of special judges to be allowed to each judicial administrative district should be changed.
(d) The case load pending in each district court judicial district.
(e) The number of cases heard on their merits by each judge of the district court during the preceding year.
(f) In making the above report, said Administrative Director shall, along with whatever other criteria he uses in making the report, consider the area involved in the judicial district and the distances involved between the places where court is held in said district.
Added by Laws 1969, c. 118, § 1, emerg. eff. April 3, 1969.
§2022. Division of state into judicial administrative districts.
The state is hereby divided into judicial administrative districts as follows:
1. Northeastern. District Court Judicial Districts, Numbers Ten (10), Eleven (11), Twelve (12), and Thirteen (13).
2. Southeastern. District Court Judicial Districts, Numbers Sixteen (16), Seventeen (17), Nineteen (19), and Twentyfive (25).
3. OklahomaCanadian Counties. District Court Judicial Districts, Numbers Seven (7) and Twenty-six (26).
4. NorthwestPanhandle. District Court Judicial Districts, Numbers One (1), Two (2), and Four (4).
5. SouthCentral. District Court Judicial Districts, Numbers Twenty (20), Twentyone (21), and Twentytwo (22).
6. TulsaPawnee Counties. District Court Judicial District, Number Fourteen (14).
7. EastCentral. District Court Judicial Districts, Numbers Fifteen (15), Eighteen (18), and Twentyfour (24).
8. NorthCentral. District Court Judicial Districts, Numbers Eight (8), Nine (9), and Twentythree (23).
9. Southwestern. District Court Judicial Districts, Numbers Three (3), Five (5), and Six (6).
Added by Laws 1968, c. 39, § 1, eff. Jan. 13, 1969. Amended by Laws 1983, c. 118, § 1, operative July 1, 1983; Laws 1993, c. 292, § 1, eff. July 1, 1993.
§2023. Authorization to make rules or orders relating to District Courts.
The Supreme Court is authorized by rule or order to:
(1) Provide for the election by the district and associate district judges within each administrative district of a district judge as presiding judge of the administrative district.
(2) Fix the administrative powers of the presiding judge, including but not limited to rules under which the presiding judge may assign judges to hold court outside of their own district but within the administrative district. Where not inconsistent with the rules of the Supreme Court, the presiding judge of the judicial administrative district may adopt rules that are calculated to bring about a more speedy and efficient administration of justice within his administrative district, including the appropriate times and places of holding court.
(3) Provide for meetings of the presiding judges of the administrative districts to discuss any matters calculated to bring about a better and more efficient administration of justice.
(4) Prescribe the times and places where the district court may hold court. When authorizing the holding of court in a city other than the county seat, the Supreme Court may provide the times when the office of the court clerk in such other cities shall be open for the transaction of business.
(5) Adopt rules relating to the assignment of district judges, associate district judges and special judges to hold court anywhere in the state and authorizing the Chief Justice of the Supreme Court to make such assignments.
(6) Provide for meetings of the judges within an administrative district for the purpose of coordinating their work, the discussion of their dockets and work loads, the determination of what judges may be available for assignment outside of their own districts, and other matters calculated to bring about a better and more efficient administration of justice.
(7) Make all such other rules and orders as may appear advisable to better equalize the work load of the various judges and bring about a more speedy and efficient administration of justice within the state.
(8) The Supreme Court shall provide by rules the minimum number of jury and nonjury terms to be held in each county during any one year.
Added by Laws 1965, c. 210, § 1. Amended by Laws 1968, c. 144, § 1, eff. January 13, 1969.
§2024. Rulemaking authority not limited.
Nothing herein shall impliedly limit the rulemaking authority which the Supreme Court inherently has or has by virtue of other statutory provisions.
Added by Laws 1965, c. 210, § 2.
§20-30.1. Establishment - Jurisdiction - Certiorari.
There is hereby established an intermediate appellate court to be known as the Court of Civil Appeals of the State of Oklahoma which shall have the power to determine or otherwise dispose of any cases that are assigned to it by the Supreme Court. Its decisions, when final, shall neither be appealable to the Supreme Court nor be subject to reexamination by another division of the Court of Civil Appeals or by the Judges of that Court sitting en banc. The Court of Civil Appeals shall have jurisdiction to issue writs of habeas corpus, mandamus, quo warranto, certiorari, prohibition, or any other process when this may be necessary in any case assigned to it by the Supreme Court. A decision of the Court of Civil Appeals may be reviewed by the Supreme Court if a majority of its Justices direct that a writ of certiorari be granted, and the Supreme Court may, by order, recall a case from the Court of Civil Appeals.
Added by Laws 1968, c. 157, § 1. Amended by Laws 1970, c. 247, § 1, emerg. eff. April 15, 1970; Laws 1996, c. 97, § 2, eff. Nov. 1, 1996.
§20-30.2. Number of divisions - Number of judges - Assignment and transfer.
The Court of Civil Appeals shall, upon the members being elected and qualified, consist of four permanent divisions. Two divisions shall sit in Tulsa County and two divisions shall sit in Oklahoma County. Each division shall consist of three Judges, at least two of whom shall concur in any decision and each division shall select a presiding Judge who shall act in that capacity without additional compensation. The assignment of Judges to the divisions shall be effected by the Supreme Court. Judges may be transferred from one division to another.
Added by Laws 1970, c. 247, § 2, emerg. eff. April 15, 1970. Amended by Laws 1982, c. 336, § 1, emerg. eff. June 2, 1982; Laws 1996, c. 97, § 3, eff. Nov. 1, 1996.
§20-30.2A. Salaries.
Except as otherwise provided by the Board on Judicial Compensation, the following judicial officers shall receive compensation for their services, payable monthly as follows:
1. The Presiding Judge of the Court of Civil Appeals shall receive an annual salary of One Hundred Nine Thousand Seven Hundred Thirty-one Dollars ($109,731.00); and
2. A Judge of the Court of Civil Appeals shall receive an annual salary of One Hundred Eight Thousand Three Hundred Thirty-six Dollars ($108,336.00).
Added by Laws 1997, c. 384, § 5, eff. Jan. 1, 1998. Amended by Laws 2000, c. 37, § 4, eff. Jan. 1, 2001; Laws 2004, c. 499, § 5, eff. July 1, 2005.
§20-30.3. Disqualification of judge.
No Judge of the Court of Civil Appeals shall participate in the consideration or decision of any case if the Judge has presided at the trial of that case or acted in it as an attorney for one of the litigants. The Supreme Court shall prescribe the procedure to be followed when a member of the Court of Civil Appeals is disqualified to hear a case.
Added by Laws 1970, c. 247, § 3, emerg. eff. April 15, 1970. Amended by Laws 1996, c. 97, § 4, eff. Nov. 1, 1996.
§20-30.4. Procedure and practice - Costs.
A. The Supreme Court shall, by rule, prescribe the procedure and practice in the Court of Civil Appeals, the procedure in bringing writs of certiorari to the Court of Civil Appeals, and the scope of review to be afforded on certiorari to that Court. Subject to law and the rules of the Supreme Court, the Court of Civil Appeals may promulgate its own rules.
B. There shall be deposited with the Clerk of the Supreme Court as costs for the filing of a petition for certiorari to the Supreme Court One Hundred Dollars ($100.00) of which no rebate or refund of any part thereof may be made; provided, the Supreme Court, by rule, may prescribe the procedure for affording access to the Supreme Court, on certiorari and without deposit of costs, to those indigent persons who are deemed by it entitled thereto.
Added by Laws 1970, c. 247, § 4, emerg. eff. April 15, 1970. Amended by Laws 1986, c. 223, § 17, operative July 1, 1986; Laws 1996, c. 97, § 5, eff. Nov. 1, 1996.
§20-30.5. Opinions - Publications.
The Court of Civil Appeals shall effect disposition of cases assigned to it by a written opinion prepared in such form as the Supreme Court prescribes. No opinion of the Court of Civil Appeals shall be binding or cited as precedent unless it shall have been approved by the majority of the justices of the Supreme Court for publication in the official reporter. The Supreme Court shall direct which opinion or decision, if any, of the Court of Civil Appeals shall be published in the unofficial reporter. Opinions of the Court of Civil Appeals which apply settled precedent and do not settle new questions of law shall not be released for publication in the official reporter.
Added by Laws 1970, c. 247, § 5, emerg. eff. April 15, 1970. Amended by Laws 1971, c. 85, § 1, emerg. eff. April 16, 1971; Laws 1996, c. 97, § 6, eff. Nov. 1, 1996.
§20-30.6. Clerk.
The Clerk of the Supreme Court shall serve as Clerk of the Court of Civil Appeals.
Added by Laws 1970, c. 247, § 6, emerg. eff. April 15, 1970. Amended by Laws 1996, c. 97, § 7, eff. Nov. 1, 1996.
§2030.7. Quarters.
The Oklahoma County divisions of the Court of Appeals shall be quartered in Oklahoma City. Suitable quarters and maintenance for the Tulsa division of the Court of Appeals shall be provided for by the State of Oklahoma, under the supervision of the Administrative Director of the Courts.
Added by Laws 1970, c. 247, § 7, emerg. eff. April 15, 1970. Amended by Laws 1982, c. 336, § 2, emerg. eff. June 2, 1982.
§20-30.8. Travel expenses.
Travel expenses of Judges of the Court of Civil Appeals incurred in performing their duties shall be reimbursed pursuant to the State Travel Reimbursement Act, Section 500.1 et seq. of Title 74 of the Oklahoma Statutes.
Added by Laws 1970, c. 247, § 8, emerg. eff. April 15, 1970. Amended by Laws 1996, c. 97, § 8, eff. Nov. 1, 1996.
§20-30.11. Congressional Districts.
Judges of the Court of Civil Appeals shall be elected or appointed from the Congressional Districts with the boundaries as they exist at the time the Judge is elected or appointed to office; however, should the boundaries of the six Congressional Districts be revised and elections for the office of United States Representative be conducted using the revised boundaries, then the revised boundaries shall also be used in the conduct of any elections required for the office of Judge of the Court of Civil Appeals; except that Judges of the Court of Civil Appeals seeking retention shall be retained in the original Congressional District from which they were elected or appointed; provided, however, nothing in this section shall be construed to require a change of residence of a Judge of the Court of Civil Appeals seeking retention. Should the number of Congressional Districts be increased or decreased the sections which define the area of each of the six Congressional Districts shall remain in effect for the purpose of this act, and at that time the sections shall be renumbered and codified in this title of the Oklahoma Statutes following this act.
Added by Laws 1970, c. 247, § 11, emerg. eff. April 15, 1970. Amended by Laws 1982, c. 115, § 1, emerg. eff. April 6, 1982; Laws 1991, c. 286, § 14, eff. July 1, 1991; Laws 1996, c. 97, § 9, eff. Nov. 1, 1996.
§20-30.14. Additional divisions of Court of Appeals.
A. In addition to the provisions of Sections 30.1 through 30.12 of Title 20 of the Oklahoma Statutes, and in addition to the four permanent divisions established by Section 30.2 of Title 20 of the Oklahoma Statutes, the Court of Civil Appeals shall consist of as many additional divisions as the Supreme Court may deem advisable to convene for prompt disposition of its docket. Each division shall consist of three Judges, at least two of whom shall concur in any decision. In the exercise of its powers granted by Article VII, Section 6 of the Oklahoma Constitution, the Supreme Court shall make temporary assignments of judicial officers, active or retired, and lawyers, having prior to their assignment the qualifications of a district judge, to sit on a division of the Court of Civil Appeals convened under the authority of this act. Each division of the Court of Civil Appeals shall select its presiding Judge. The Supreme Court may prescribe by rule where the division shall sit and how that Court shall conduct its business and practice before it.
B. Each division of the Court of Civil Appeals convened under the authority of this act shall have jurisdiction to determine or otherwise dispose of any case assigned to it by the Supreme Court, and its decisions, when final, shall be neither appealable to the Supreme Court nor be subject to reexamination by another division of the Court of Civil Appeals or by the Judges of that Court sitting en banc. The Supreme Court may recall a case from the Court of Civil Appeals; it may review a decision of the Court of Civil Appeals when a majority of its Justices direct that certiorari be granted. In any case assigned to it by the Supreme Court, the Court of Civil Appeals shall have the power to issue writs of habeas corpus, mandamus, quo warranto, certiorari, and prohibition.
C. The opinions of the Court of Civil Appeals shall be written in the form prescribed by the Supreme Court. No opinion of the Court of Civil Appeals shall be binding or cited as a precedent unless it has been approved by the Supreme Court for publication in the official reporter. The Supreme Court shall prescribe by rule which opinion or decision, if any, of the Court of Civil Appeals shall be published in the unofficial reporter.
D. The jurisdiction, powers, duties and procedures of the Court of Civil Appeals shall be as provided by rules of the Supreme Court unless otherwise provided by statute.
E. No judicial officer, except as otherwise authorized by law, temporarily assigned to sit on the Court of Civil Appeals shall be entitled to additional compensation for judicial service on that Court. Expenses of judicial officers and lawyers assigned to the Court of Civil Appeals incurred in performing their duties shall be reimbursed pursuant to the State Travel Reimbursement Act, Section 500.1 et seq. of Title 74 of the Oklahoma Statutes.
F. The Supreme Court shall prescribe by rule the scope of review it will afford when a petition for certiorari to the Court of Civil Appeals is filed.
Added by Laws 1981, c. 126, § 1, emerg. eff. May 4, 1981. Amended by Laws 1982, c. 336, § 4, emerg. eff. June 2, 1982; Laws 1991, c. 286, § 18, eff. July 1, 1991; Laws 1996, c. 97, § 10, eff. Nov. 1, 1996.
§2030.15. Election or appointment of Judges Experience and qualifications Terms of office.
Two Judges shall be appointed or elected to the Court of Civil Appeals from each of the six congressional districts of the State of Oklahoma.
A. Each Judge of the Court of Civil Appeals shall have, prior to election or appointment, a minimum of four (4) years' experience as a licensed practicing attorney, or as a judge of a court of record, or both, within the State of Oklahoma; shall be a qualified elector of the respective district; and shall have such additional qualifications as may be prescribed by statute. Judges of the Court of Civil Appeals shall continue to be licensed attorneys while in office.
B. The terms of office of the Judges of the Court of Civil Appeals shall be six (6) years and shall begin on the second Monday of January following their election. Those appointed or elected to fill vacancies shall assume office immediately upon qualifying for the office.
Added by Laws 1987, c. 33, § 1, emerg. eff. April 20, 1987. Amended by Laws 1996, c. 97, § 11, eff. Nov. 1, 1996.
§20-30.16. Judge's declaration of candidacy - Ballot question.
At the General Election next before a term expires, any Judge of the Court of Civil Appeals may seek retention in office by filing with the Secretary of State, not less than sixty (60) days before the date of the election, a declaration of candidacy to succeed himself or herself. At the election, there shall be submitted to the qualified electors of the state, on a separate ballot, without party designation, this question:
"Shall (Here insert name of Judge) of the Court of Civil Appeals be retained in Office?"
/ / YES
/ / NO
The question shall be decided by a majority of those voting thereon. If the decision is "yes" the Judge shall be retained in office for the next ensuing six-year term. If the decision is "no", or if no declaration of candidacy is filed, the office shall be vacant upon expiration of the term then being served, and the former Judge shall not be eligible for appointment to succeed himself or herself. Retention in office may be sought for successive terms without limit as to number, except for retirement as may be provided by the Legislature for a maximum retirement age.
Added by Laws 1987, c. 33, § 2, emerg. eff. April 20, 1987. Amended by Laws 1996, c. 97, § 12, eff. Nov. 1, 1996.
§20-30.17. Vacancies.
In case a Judge of the Court of Civil Appeals dies, retires, resigns, or is removed from office, the Governor shall fill the vacancy by appointment from the congressional district where the vacancy exists of a person having the required qualifications. The Judicial Nominating Commission shall choose and submit to the Governor and the Chief Justice of the Supreme Court three nominees, each of whom has previously notified the Commission in writing that he or she will serve as a Judge if appointed. The Governor shall appoint one of the nominees to fill the vacancy, but if he fails to do so within sixty (60) days the Chief Justice of the Supreme Court shall appoint one of the nominees, the appointment to be certified by the Secretary of State.
Added by Laws 1987, c. 33, § 3, emerg. eff. April 20, 1987. Amended by Laws 1996, c. 97, § 13, eff. Nov. 1, 1996.
§20-30.18. Election and term of Judges.
Each Judge of the Court of Civil Appeals elected before or after the passage of this act shall, unless removed for cause, serve out the term for which he or she is elected and those Judges serving at the date of the passage of this act, whose office comes under the provision of this act on the date of the expiration of the term, shall be deemed to have been appointed as provided herein and eligible to file a declaration of candidacy to succeed themselves as provided in this act. If retained in office, the term of each such Judge shall be six (6) years commencing the second Monday in January following the election.
The term and election of each Judge appointed to fill a vacancy after the passage of this act shall be as follows: If the appointed Judge has served or will have served twelve (12) months on or before the next General Election following appointment, he or she may file for election for the remainder of the term for which he or she was appointed, or for a six-year term, whichever is applicable, within the time and in the manner elected Judges file their candidacy under this act. If the appointed Judge has not served or will not have served twelve (12) months on or before the next General Election following appointment, he or she shall continue in office until the second General Election following appointment and may file for election for the remainder of the term or for a six-year term, whichever is applicable, as herein provided.
Added by Laws 1987, c. 33, § 4, emerg. eff. April 20, 1987. Amended by Laws 1996, c. 97, § 14, eff. Nov. 1, 1996.
§20-30.19. Judges' contribution to, or holding office in political party prohibited.
No Judge of the Court of Civil Appeals shall make, directly or indirectly, any contribution to or hold office in a political party.
Added by Laws 1987, c. 33, § 5, emerg. eff. April 20, 1987. Amended by Laws 1996, c. 97, § 15, eff. Nov. 1, 1996.
§20-31. Judges - Qualifications - Salaries.
The Court of Criminal Appeals shall consist of five (5) Judges, any three of whom shall constitute a quorum, and the concurrence of three Judges shall be necessary to a decision of said Court. Said Judges shall have the same qualifications and receive the same salaries as Justices of the Supreme Court.
R.L. 1910, § 1759. Amended by Laws 1987, c. 185, § 1, eff. Nov. 1, 1987; Laws 1997, c. 384, § 6, eff. Jan. 1, 1998; Laws 2004, c. 449, § 6, eff. July 1, 2005.
NOTE: Laws 2004, c. 442, § 1 repealed by Laws 2005, c. 1, § 11, emerg. eff. March 15, 2005.
§2031.1. Name of court.
(a) The name of the "Criminal Court of Appeals" of this state is hereby changed to "Court of Criminal Appeals".
(b) Every place in the statutes of this state that the name of said court appears as the " Criminal Court of Appeals" the reference shall be deemed to be to the "Court of Criminal Appeals".
Added by Laws 1959, p. 107, § 1, emerg. eff. March 11, 1959.
§20-31.2. Salaries.
Except as otherwise provided by the Board on Judicial Compensation, the following judicial officers shall receive compensation for their services, payable monthly as follows:
1. The Presiding Judge of the Court of Criminal Appeals shall receive an annual salary of One Hundred Seventeen Thousand Five Hundred Seventy-one Dollars ($117,571.00); and
2. A Judge of the Court of Criminal Appeals shall receive an annual salary of One Hundred Thirteen Thousand Five Hundred Seventy-one Dollars ($113,571.00).
Added by Laws 1997, c. 384, § 4, eff. Jan. 1, 1998. Amended by Laws 2000, c. 37, § 5, eff. Jan. 1, 2001; Laws 2004, c. 499, § 7, eff. July 1, 2005.
§2032. When court or members disqualified.
When said court, or any member thereof, shall be disqualified under the Constitution and laws of this state to hear and determine any case or cases in said court, the same shall be certified to the Governor of the state, who shall immediately commission the requisite number of persons learned in the law for the trial and determination of such case or cases.
R.L. 1910, § 1760.
§2033. Districts Nomination, appointment and retention of Judges.
The state is hereby divided into five (5) Court of Criminal Appeals judicial districts. From each of said districts candidates for Judge of the Court of Criminal Appeals shall be nominated and appointed in the manner provided by Article VIIB of the Oklahoma Constitution. All Judges of the Court of Criminal Appeals may seek retention in office pursuant to the provisions of Section 2 of Article VIIB of the Oklahoma Constitution and each Judge shall be voted for by the qualified voters of the state at large.
The Court of Criminal Appeals Judicial District No. 1 shall embrace and include the following counties: Craig, Delaware, Mayes, Nowata, Ottawa, Rogers, Tulsa, and Wagoner.
The Court of Criminal Appeals Judicial District No. 2 shall embrace and include the following counties: Adair, Cherokee, Cleveland, Creek, Kay, Lincoln, Logan, Muskogee, Noble, Okfuskee, Okmulgee, Osage, Pawnee, Payne, Pottawatomie, and Washington.
The Court of Criminal Appeals Judicial District No. 3 shall embrace and include the following counties: Atoka, Bryan, Carter, Coal, Choctaw, Garvin, Grady, Haskell, Hughes, Jefferson, Johnston, Latimer, Leflore, Love, Marshall, McClain, McCurtain, McIntosh, Murray, Pittsburg, Pontotoc, Pushmataha, Seminole, Sequoyah, and Stephens.
The Court of Criminal Appeals Judicial District No. 4 shall embrace and include the following counties: Canadian and Oklahoma.
The Court of Criminal Appeals Judicial District No. 5 shall embrace and include Alfalfa, Beaver, Beckham, Blaine, Caddo, Cimarron, Comanche, Cotton, Custer, Dewey, Ellis, Garfield, Grant, Greer, Harmon, Harper, Jackson, Kingfisher, Kiowa, Major, Roger Mills, Texas, Tillman, Washita, Woods, and Woodward.
R.L. 1910, § 1761. Amended by Laws 1935, p. 28, § 1, emerg. eff. May 2, 1935; Laws 1987, c. 185, § 2, eff. Nov. 1, 1987.
§2035. Term of office of Judges Organization of Court of Criminal Appeals.
A. Except as otherwise provided for in this subsection, the term of office for Judges of the Court of Criminal Appeals shall be six (6) years. The initial term of office for the Judge in Court of Criminal Appeals Judicial District No. 4, who shall be the Judge occupying the Court of Criminal Appeals Northern District on October 31, 1987, shall expire on the second Monday in January, 1989. The initial term of office for the Judge in Court of Criminal Appeals Judicial District No. 2, who shall be the Judge occupying the Court of Criminal Appeals Southern District on October 31, 1987, shall expire on the second Monday in January, 1991. The initial term of office for the Judge in Court of Criminal Appeals Judicial District No. 1, who shall be the Judge occupying the Court of Criminal Appeals Eastern District on October 31, 1987, shall expire on the second Monday in January, 1993. The Governor shall appoint a Judge for Court of Criminal Appeals Judicial District No. 5 whose initial term shall commence on the second Monday in January, 1989, and expire on the second Monday in January, 1995, and a Judge for Court of Criminal Appeals Judicial District No. 3 whose initial term shall commence on the second Monday in January, 1989, and expire on the second Monday in January, 1997.
B. The Court of Criminal Appeals shall organize at the first session following the second Monday in January next after each biennial election. The Judges shall choose from among their members a Presiding Judge and a Vice Presiding Judge who shall be Presiding Judge and Vice Presiding Judge of the said Court for the next two (2) years.
C. The organization of the Court of Criminal Appeals existing on October 31, 1987, shall continue until the second Monday in January, 1989.
R.L. 1910, § 1763. Amended by Laws 1987, c. 185, § 3, eff. Nov. 1, 1987.
§2036. Terms.
The Criminal Court of Appeals shall hold six terms each year, at the Capitol of the state.
R.L. 1910, § 1764.
§2037.1. Legal secretary as marshal.
The Court of Criminal Appeals may appoint one of its legal secretaries as marshal of the Court. The legal secretary so appointed shall perform such services without additional compensation.
Added by Laws 1943, p. 249, § 1, emerg. eff. Feb. 8, 1943. Amended by Laws 1968, c. 294, § 3, eff. July 1, 1968.
§2038. Clerk of court Deposit to cover costs.
The Clerk of the Supreme Court shall be ex officio Clerk of the Court of Criminal Appeals, and shall perform like services as he performs for the Supreme Court. In all cases filed in the Court of Criminal Appeals, and at the time of filing same, there shall be deposited with said Clerk as costs in said cause, Fifty Dollars ($50.00). Said sum shall cover all Court costs in said case and no rebate of any part thereof shall be made.
R.L. 1910, § 1767. Amended by Laws 1927, c. 102, p. 164, § 2; Laws 1983, c. 273, § 5, operative July 1, 1983.
§2039. Seal.
It shall be the duty of the Criminal Court of Appeals to procure a seal for said Court, said seal to be the same size and design as the seal of the Supreme Court, with the words "Criminal Court of Appeals State of Oklahoma" engraved thereon.
R.L. 1910, § 1768.
§2040. Appellate jurisdiction.
The Criminal Court of Appeals shall have exclusive appellate jurisdiction, co-extensive with the limits of the state, in all criminal cases appealed from the district, superior and county courts, and such other courts of record as may be established by law.
R.L. 1910, § 1769.
§2041. Habeas corpus and other writs Rules of court.
Said Court and Judges thereof shall have the power to issue writs of habeas corpus; and under such regulations as may be prescribed by law, issue such writs as may be necessary to exercise its jurisdiction; and may prescribe and promulgate such rules for the government of said Court as it may deem necessary.
R.L. 1910, § 1770.
§2042. May ascertain jurisdictional facts.
Said Court shall have power, upon affidavit or otherwise, to ascertain such matters of fact as may be necessary to the exercise of its jurisdiction.
R.L. 1910, § 1771.
§2043. Trial by jury in contempt proceedings, when.
In all cases where the Crimina