Oklahoma Emergency Interim Executive and Judicial Succession Act
Encyclopedia
The Emergency Interim Executive and Judicial Succession Act (63 O.S. Sections 685.1 - 685.11) is an Oklahoma
state law governing emergency succession to the all offices of the state and local governments, excluding the members of the Oklahoma Legislature
, which are governed by the Oklahoma Emergency Management Interim Legislative Succession Act
.
The Emergency Executive and Judicial Succession Act was signed into law by Governor
Brad Henry
on August 29, 2003.
as the officers they are acting as. However, they do not need to fulfill any other prerequisite of office. All officials authorized to act as Governor, Emergency Interim Successors and Special Emergency Judges may exercise their powers only after the declaration of a state of emergency
. The Oklahoma Legislature
, by concurrent resolution, may, at any time, terminate the authority of any Emergency Interim Successor or Special Emergency Judges to exercise their powers and discharge their duties.
Any dispute concerning a question of fact arising under the Emergency Succession Act with respect to an office in the executive branch of the state government (except a dispute relative to the Office of Governor) is determined by the Governor and his decision is final. Any dispute with respect to the Office of Governor is be determined by the Supreme Court.
, the Lieutenant Governor of Oklahoma
would become the Governor, as provided by the Oklahoma Constitution
. The Constitution also provides that if the Lieutenant Governor is unable to become Governor, then the duty falls to the President pro tempore of the Oklahoma Senate
and then to the Speaker of the Oklahoma House of Representatives
.
However, during a state of emergency
, should the Governor be unable to exercise his powers or the Governorship is vacant and the Lieutenant Governor, President pro tempore, and Speaker of the House are unable to act as Governor or succeed to the Governorship, it is the duty of the Emergency Interim Successor to the Governor to exercise the powers of the Governor until the Governor returns, a higher officers can act as Governor, or until new Governor is elected. Such Successor only acts as Governor, however, and such Successor may not succeseed to the Governorship.
The order of Emergency Interim Successor to the Governorship is as follows:
, State Treasurer
, etc), other than the Governor, and local officers (e.g. Mayor
, County Commissioner, etc) must designate an Emergency Interim Successor to exercise their powers in their absence. Such designation are subject to the such regulations as the Governor may determine. The state or local officer must designate no less than three but no more than seven Successors. Such list of Successors may be amended as necessary by the state officer.
In the event that any state or local officer is unavailable following a state of emergency
, and in the event a deputy (if any) is also unavailable, the powers of the office are exercised the designated Emergency Interim Successors in the order specified by the state officer. The authority of a Successor ceases:
occurs and if any judge of any court in the Oklahoma Court System
is unavailable to exercise the powers the of their office, and no other judge is authorized to act or no special judge is appointed to act, the duties of the office are discharged by a Special Emergency Judge.
The Governor designates Special Emergency Judges for each Justice of the Oklahoma Supreme Court
and for each Judge of the Oklahoma Court of Criminal Appeals
. The Chief Justice of the Supreme Court
, in consultation with the other members of the Court, designates all Special Emergency Judges for each District Judge and each court of record in the state. Each District Judge, in consultation with the other District Judges, designates all Special Emergency Judges for the courts of no records within their district.
All Special Emergency Judges, regardless of how appointed, shall discharge their duties and exercise their powers until such time as a vacancy which may exist shall be filled in accordance with the law or until the regular judge becomes available to exercise their powers and discharge their duties of the office.
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...
state law governing emergency succession to the all offices of the state and local governments, excluding the members of the Oklahoma Legislature
Oklahoma Legislature
The Legislature of the State of Oklahoma is the biennial meeting of the legislative branch of the government of Oklahoma. It is bicameral, comprising the Oklahoma House of Representatives and the Oklahoma Senate, with all members elected directly by the people. The House of Representatives has 101...
, which are governed by the Oklahoma Emergency Management Interim Legislative Succession Act
Oklahoma Emergency Management Interim Legislative Succession Act
The Emergency Management Interim Legislative Succession Act is an Oklahoma state law governing emergency succession to the all offices members of the Oklahoma Legislature...
.
The Emergency Executive and Judicial Succession Act was signed into law by Governor
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...
Brad Henry
Brad Henry
Charles Bradford "Brad" Henry was the 26th Governor of the U.S. state of Oklahoma. A member of the Democratic Party, he was elected governor in 2002...
on August 29, 2003.
In General
All Emergency Interim Successors and Special Emergency Judges must take the same oath of officeOath of office
An oath of office is an oath or affirmation a person takes before undertaking the duties of an office, usually a position in government or within a religious body, although such oaths are sometimes required of officers of other organizations...
as the officers they are acting as. However, they do not need to fulfill any other prerequisite of office. All officials authorized to act as Governor, Emergency Interim Successors and Special Emergency Judges may exercise their powers only after the declaration of a state of emergency
State of emergency
A state of emergency is a governmental declaration that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviours, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale...
. The Oklahoma Legislature
Oklahoma Legislature
The Legislature of the State of Oklahoma is the biennial meeting of the legislative branch of the government of Oklahoma. It is bicameral, comprising the Oklahoma House of Representatives and the Oklahoma Senate, with all members elected directly by the people. The House of Representatives has 101...
, by concurrent resolution, may, at any time, terminate the authority of any Emergency Interim Successor or Special Emergency Judges to exercise their powers and discharge their duties.
Any dispute concerning a question of fact arising under the Emergency Succession Act with respect to an office in the executive branch of the state government (except a dispute relative to the Office of Governor) is determined by the Governor and his decision is final. Any dispute with respect to the Office of Governor is be determined by the Supreme Court.
Succession to the Office of Governor
Under normal circumstance, in the event of a vacancy in the office Governor of OklahomaGovernor 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...
, the Lieutenant Governor of Oklahoma
Lieutenant Governor of Oklahoma
The Lieutenant Governor of Oklahoma is the second-highest executive official of the state government of Oklahoma. As first in the gubernatorial line of succession, the Lieutenant Governor becomes the new Governor of Oklahoma upon the death, resignation, or removal of the Governor...
would become the Governor, as provided by the Oklahoma Constitution
Oklahoma Constitution
The Constitution of the State of Oklahoma is the governing document of the U.S. State of Oklahoma. Adopted in 1907, Oklahoma ratified the United States Constitution on November 16, 1907, as the 46th US State. At its ratification, the Oklahoma Constitution was the longest governing document of any...
. The Constitution also provides that if the Lieutenant Governor is unable to become Governor, then the duty falls to the President pro tempore of the Oklahoma Senate
President pro tempore of the Oklahoma Senate
The President pro tempore of the Oklahoma Senate is the second-highest-ranking official of the Oklahoma Senate and the highest-ranking State Senator. The Oklahoma Constitution states the Lieutenant Governor of Oklahoma serves ex officio as President of the Senate, and is the highest-ranking...
and then to the Speaker of the Oklahoma House of Representatives
Speaker of the Oklahoma House of Representatives
The Speaker of the Oklahoma House of Representatives is the presiding officer of the lower house of the Oklahoma Legislature, the Oklahoma House of Representatives. The Speaker exercises administrative and procedural functions in the House, but most importantly remains a representative of his...
.
However, during a state of emergency
State of emergency
A state of emergency is a governmental declaration that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviours, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale...
, should the Governor be unable to exercise his powers or the Governorship is vacant and the Lieutenant Governor, President pro tempore, and Speaker of the House are unable to act as Governor or succeed to the Governorship, it is the duty of the Emergency Interim Successor to the Governor to exercise the powers of the Governor until the Governor returns, a higher officers can act as Governor, or until new Governor is elected. Such Successor only acts as Governor, however, and such Successor may not succeseed to the Governorship.
The order of Emergency Interim Successor to the Governorship is as follows:
- the Oklahoma State Auditor and InspectorOklahoma State Auditor and InspectorThe Oklahoma State Auditor and Inspector is the chief financial officer for the U.S. State of Oklahoma. The State Auditor and Inspector is responsible for overseeing and reviewing the financial accounts of all government agencies within Oklahoma....
- the Attorney General of OklahomaAttorney General of OklahomaThe Attorney General of Oklahoma is the State Attorney General for the state of Oklahoma. The Attorney General serves as the chief legal and law enforcement officer of the State of Oklahoma. The Attorney General is responsible for providing legal advise to the various agencies and departments of...
- the State Treasurer of OklahomaState Treasurer of OklahomaThe State Treasurer of Oklahoma is the chief custodian of Oklahoma’s cash deposits, monies from bond sales, and other securities and collateral and directs the investments of those assets. The Treasurer provides for the safe and efficient operation of state government through effective banking,...
- the Oklahoma Superintendent of Public Instruction
- the Oklahoma Commissioner of Labor
- the members of the Oklahoma Corporation CommissionOklahoma Corporation CommissionThe Oklahoma Corporation Commission is the public utilities commission of the state of Oklahoma run by three state-wide elected Commissioners, assisted by over 400 employees...
(in the order of their election)
Succession to other State Offices and Local Officers
All state officers (e.g. the Attorney GeneralAttorney General of Oklahoma
The Attorney General of Oklahoma is the State Attorney General for the state of Oklahoma. The Attorney General serves as the chief legal and law enforcement officer of the State of Oklahoma. The Attorney General is responsible for providing legal advise to the various agencies and departments of...
, State Treasurer
State Treasurer of Oklahoma
The State Treasurer of Oklahoma is the chief custodian of Oklahoma’s cash deposits, monies from bond sales, and other securities and collateral and directs the investments of those assets. The Treasurer provides for the safe and efficient operation of state government through effective banking,...
, etc), other than the Governor, and local officers (e.g. Mayor
Mayor
In many countries, a Mayor is the highest ranking officer in the municipal government of a town or a large urban city....
, County Commissioner, etc) must designate an Emergency Interim Successor to exercise their powers in their absence. Such designation are subject to the such regulations as the Governor may determine. The state or local officer must designate no less than three but no more than seven Successors. Such list of Successors may be amended as necessary by the state officer.
In the event that any state or local officer is unavailable following a state of emergency
State of emergency
A state of emergency is a governmental declaration that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviours, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale...
, and in the event a deputy (if any) is also unavailable, the powers of the office are exercised the designated Emergency Interim Successors in the order specified by the state officer. The authority of a Successor ceases:
- when the incumbent state or local officer, or a deputy or an interim successor higher in designation becomes available to exercise the powers and to perform the duties of the office
- when a successor to the office has been duly elected or appointed according to law.
Special Emergency Judges
In the event that a state of emergencyState of emergency
A state of emergency is a governmental declaration that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviours, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale...
occurs and if any judge of any court in the Oklahoma Court System
Oklahoma Court System
The Oklahoma Court System is the judicial system for the US State of Oklahoma. Based in Oklahoma City, the court system is a unified state court system that functions under the Chief Justice of Oklahoma who is its administrator-in-chief....
is unavailable to exercise the powers the of their office, and no other judge is authorized to act or no special judge is appointed to act, the duties of the office are discharged by a Special Emergency Judge.
The Governor designates Special Emergency Judges for each Justice of 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....
and for each Judge of the Oklahoma Court of Criminal Appeals
Oklahoma 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....
. The Chief Justice of the 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....
, in consultation with the other members of the Court, designates all Special Emergency Judges for each District Judge and each court of record in the state. Each District Judge, in consultation with the other District Judges, designates all Special Emergency Judges for the courts of no records within their district.
All Special Emergency Judges, regardless of how appointed, shall discharge their duties and exercise their powers until such time as a vacancy which may exist shall be filled in accordance with the law or until the regular judge becomes available to exercise their powers and discharge their duties of the office.
See also
- Governor of OklahomaGovernor of OklahomaThe 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...
- Oklahoma Emergency Management Act of 2003Oklahoma Emergency Management Act of 2003The Oklahoma Emergency Management Act of 2003 is an Oklahoma state law that replaced the Oklahoma Civil Defense and Emergency Resources Management Act of 1967 as the primary state law detailing emergency management in Oklahoma...
- Catastrophic Health Emergency Powers ActCatastrophic Health Emergency Powers ActThe Catastrophic Health Emergency Powers Act , often referred to as the Health Emergency Act, is an Oklahoma state law that details the response to a catastrophic health emergency in Oklahoma created as a result of a nuclear weapon, bioterrorism, a chemical weapon or other biological toxin...
- Oklahoma Emergency Management Interim Legislative Succession ActOklahoma Emergency Management Interim Legislative Succession ActThe Emergency Management Interim Legislative Succession Act is an Oklahoma state law governing emergency succession to the all offices members of the Oklahoma Legislature...