Oklahoma Court System
Encyclopedia
The Oklahoma Court System is the judicial system for the US State of Oklahoma
Oklahoma
Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...
. Based in Oklahoma City
Oklahoma city
Oklahoma City is the capital and largest city of the U.S. state of Oklahoma.Oklahoma City may also refer to:*Oklahoma City metropolitan area*Downtown Oklahoma City*Uptown Oklahoma City*Oklahoma City bombing*Oklahoma City National Memorial...
, the court system is a unified state court system that functions under the Chief Justice of Oklahoma
Oklahoma Supreme Court
The Supreme Court of Oklahoma is one of the two highest judicial bodies in the U.S. state of Oklahoma and leads the Oklahoma Court System, the judicial branch of the government 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. The two Courts of Last Resort arrangement exists only in Oklahoma and neighboring Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
.
All judges and justices requiring appointment are appointed by the Governor of Oklahoma
Governor of Oklahoma
The governor of the state of Oklahoma is the head of state for the state of Oklahoma, United States. Under the Oklahoma Constitution, the governor is also the head of government, serving as the chief executive of the Oklahoma executive branch, of the government of Oklahoma...
. Candidates must first go through a nominating process through the Oklahoma Judicial Nominating Commission
Oklahoma Judicial Nominating Commission
The Oklahoma Judicial Nominating Commission is the judicial nominating commission of the U.S. state of Oklahoma. It selects potential justices and judges for gubernatorial appointments for judges for state appellate courts.-History:...
, which selects three candidates to submit to the Governor for a single selection to the office.
Supreme Court
The Oklahoma Supreme CourtOklahoma Supreme Court
The Supreme Court of Oklahoma is one of the two highest judicial bodies in the U.S. state of Oklahoma and leads the Oklahoma Court System, the judicial branch of the government of Oklahoma....
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.
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. This is known as "stare decisis
Stare decisis
Stare decisis is a legal principle by which judges are obliged to respect the precedents established by prior decisions...
". 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. The court normally exercises this responsibility through the adoption of rules governing the court system and the behavior of attorneys in state courts. The chief justice is the figure in charge of these rules.
Court of Criminal Appeals
The Oklahoma Court of Criminal AppealsOklahoma Court of Criminal Appeals
The Oklahoma Court of Criminal Appeals is one of the two highest judicial bodies in the U.S. state of Oklahoma and is part of the Oklahoma Court System, the judicial branch of the Oklahoma state government....
is the Oklahoma court of last resort involving all criminal matters. 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 case is heard before the Oklahoma Supreme Court.
Court of Civil Appeals
Because the Oklahoma Supreme has neither the time nor resources to hear all cases brought before it, the state created the Oklahoma Court of Civil AppealsOklahoma Court of Civil Appeals
The Oklahoma Court of Civil Appeals is an intermediate appellate court in the state of Oklahoma.Cases are assigned to it by the Oklahoma Supreme Court, the state's highest court for civil matters....
. When a case is brought before the Oklahoma Supreme Court, the court may choose to send the case to one of the four divisions of the Civil Court of Appeals. Two are located in Tulsa and two in Oklahoma City. Each division of the court has three judges, appointed for life, but 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 courts ruling, it may review the decision and change it as the Court deems necessary.
District Courts
The backbone of the Oklahoma judiciary, the District courts, have general jurisdiction over most all civil and criminal matters within their sphere of influence. Oklahoma has 77 district courts, each have either a single or multiple District Judges with at least one Associate District Judge to administer justice. 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. In the event of a heavy caseload in the district, a Special Judge may be appointed to assist the District Judge.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
Oklahoma Supreme Court
The Supreme Court of Oklahoma is one of the two highest judicial bodies in the U.S. state of Oklahoma and leads the Oklahoma Court System, the judicial branch of the government of Oklahoma....
.
Candidates for district judge must be a practicing lawyer or judge for the past four years and must live in the district in which they are seeking election. Associate judges must have been a practicing lawyer or judge for the past two years.
Civil appeals are heard by the Oklahoma Supreme Court and criminal appeals are heard by the Oklahoma Court of Criminal Appeals.
Special Courts
Special courts within the judiciary are courts that are intended for a specific purpose with immediate appeals heard by the Supreme Court.Workers’ Compensation Court
The Oklahoma Workers’ Compensation Court is a special court, consisting of ten judges, that hears all worker’s compensation claims. The judges are selected by the Governor to serve a six-year term. All claims submitted are heard by a single judge in either Tulsa or Oklahoma CityOklahoma city
Oklahoma City is the capital and largest city of the U.S. state of Oklahoma.Oklahoma City may also refer to:*Oklahoma City metropolitan area*Downtown Oklahoma City*Uptown Oklahoma City*Oklahoma City bombing*Oklahoma City National Memorial...
. If a party disapproves of the judge’s ruling, they may appeal to a three judge panel called the Court En Banc. Appeals for the Court En Banc are heard by the Oklahoma Supreme Court.
Court on Tax Review
The Oklahoma Court on 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.Municipal Courts
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. The judges, unlike any other judge, are appointed directly by the mayorMayor
In many countries, a Mayor is the highest ranking officer in the municipal government of a town or a large urban city....
s 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.
Independent Courts
Within the Oklahoma Court system, there are two courts that are outside the administration of the Supreme Court and are thus not answerable to it. There is no appeal from these court decisions.Court on the Judiciary
One of the two independent courts in the Oklahoma Judiciary, the Oklahoma Court on the JudiciaryOklahoma Court on the Judiciary
The Oklahoma Court on the Judiciary is one of the two independent courts in the Oklahoma judiciary and has exclusive jurisdiction over hearing cases involving the removal of any judge of any court, excluding the Oklahoma Supreme Court, exercising judicial power under the Oklahoma...
is the court responsible for removing judges from their position if they have committed illegal acts. One of three such courts in the nation
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
(other than Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
and Alabama
Alabama
Alabama is a state located in the southeastern region of the United States. It is bordered by Tennessee to the north, Georgia to the east, Florida and the Gulf of Mexico to the south, and Mississippi to the west. Alabama ranks 30th in total land area and ranks second in the size of its inland...
), the Court on the Judiciary insures that other courts best administer justice.
If any judge exercising judicial power under the Oklahoma Constitution, other than the Justices of the Oklahoma Supreme Court, are found guilty of gross neglect of duty, corruption in office, habitual drunkenness, commission while in office of any offense involving moral turpitude
Moral turpitude
Moral turpitude is a legal concept in the United States that refers to "conduct that is considered contrary to community standards of justice, honesty or good morals." It appears in U.S. immigration law from the nineteenth century...
, gross partiality in office, oppression in office, or other grounds as specified by the legislature may be forcefully removed from office. Forced retirement may occur if the court finds the judge in question to be mentally or physically incapable to perform their job. No other penalties may be imposed by this court, however later charges may be levied by other courts.
The Court on the Judiciary consists of a nine-member Trial Division and a five member Appellate Division. The courts 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.
All cases brought before the Court are heard by the Trial Division. Any appeals from the Trial Division are heard by the Appellate Divisions. There are no appeals from the Appellate Division’s decisions, and not even the Oklahoma Supreme Court may change its rulings.
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.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. If impeached, all officials are immediately suspended in discharging their duties. Should the impeachment fail, the officer in question returns to their duties. However, if the impeachment is successful and the defendant found guilty, the person is removed from office.