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Encyclopedia > Oklahoma Court on the Judiciary
Great Seal of the State of Oklahoma
Great Seal of the State of Oklahoma
Topics in Oklahoma government
Oklahoma
Oklahoma Constitution
State Government:
  • Court on the Judiciary
Federal Government:

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 Constitution. Oklahoma state seal Source http://usa. ... Oklahoma state seal Source http://usa. ... Please wikify (format) this article as suggested in the Guide to layout and the Manual of Style. ... Please wikify (format) this article as suggested in the Guide to layout and the Manual of Style. ... File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ... Great Seal of the State of Oklahoma The Constitution of the State of Oklahoma is the governing document of the state of Oklahoma, superseded only by the Federal Constitution. ... The State Capitol of Oklahoma From The South The Legislature of the State of Oklahoma is the biennial meeting of the legislative branch of the Government of Oklahoma. ... The Oklahoma House of Representatives meets in the State Capitol of Oklahoma The Oklahoma House of Representatives is the larger body of the two houses of the Oklahoma Legislature, the other being the Oklahoma Senate. ... The Oklahoma Senate meets in the State Capitol of Oklahoma The Oklahoma Senate is the upper house of the two houses, the other being the Oklahoma House of Representatives, of the Legislature of Oklahoma. ... This is a list of Governors of Oklahoma: Charles N. Haskell Democratic 1907-1911 Lee Cruce Democratic 1911-1915 R. L. Williams Democratic 1915-1919 James B. A. Robertson Democratic 1919-1923 John C. Walton Democratic 1923-1923 Martin E. Trapp Democratic 1923-1927 Henry S. Johnston Democratic 1927-1929... Great Seal of the State of Oklahoma Mary Fallin, the 13th and current Lieutenant Governor of Oklahoma The Lieutenant Governor of Oklahoma is the second-highest executive official of the state government of Oklahoma. ... Great Seal of the State of Oklahoma Susan Savage, the 29th and current Secretary of State of Oklahoma The Secretary of State of Oklahoma is Oklahoma’s chief elections officer and the only appointed core member of the executive branch of the Oklahoma state government. ... Great Seal of the State of Oklahoma Drew Edmondson, the 16th and current Attorney General of Oklahoma The Attorney General of Oklahoma is the chief legal and law enforcement officer of the State of Oklahoma. ... Great Seal of the State of Oklahoma Scott Meacham, the 17th and current 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 Supreme Court of Oklahoma is one of the highest judicial body in the U.S. state of Oklahoma and leads the judicial branch of the Oklahoma state government. ... The U.S. Constitution, adopted in 1789 by a constitutional convention, sets down the basic framework of American government in its seven articles. ... Oklahoma was admitted to the Union on November 16, 1907. ... James Mountain Inhofe, usually known as Jim Inhofe (born November 17, 1934) is an American politician from Oklahoma. ... Thomas Allen Coburn, M.D. (March 14, 1948) is a medical doctor and U.S. Senator from the state of Oklahoma. ... These are tables of congressional delegations from Oklahoma to the United States Senate and United States House of Representatives. ... John A. Sullivan (born January 1, 1965) is an American politician. ... Dan Boren (August 2, 1973 - ) is a Democratic U.S. politician from the state of Oklahoma. ... Frank D. Lucas (b. ... Rep. ... Rep. ... The Supreme Court of Oklahoma is one of the highest judicial body in the U.S. state of Oklahoma and leads the judicial branch of the Oklahoma state government. ... Great Seal of the State of Oklahoma The Constitution of the State of Oklahoma is the governing document of the state of Oklahoma, superseded only by the Federal Constitution. ...

Contents


Purpose

In addition to other methods and causes prescribed by the Constitution and laws, the judges of any court exercising judicial power under the provisions of the Constitution of Oklahoma, excluding the Justices of the Oklahoma Supreme Court, shall be subject to removal from office, or to compulsory retirement from office, for causes herein specified, by proceedings in the Court on the Judiciary. Cause for removal from office shall be: Gross neglect of duty; corruption in office; habitual drunkenness; commission while in office of any offense involving moral turpitude; gross partiality in office; oppression in office; or other grounds as may be specified hereafter by the legislature.


Cause for compulsory retirement from office, with or without compensation, shall be mental or physical disability preventing the proper performance of official duty, or incompetence to perform the duties of the office.


Composition

Trial Division

The Secretary of State of Oklahoma is responsible for selecting eight senior Judges, each under the age of 60, with no two Judges representing the same district. In the case of equal seniority amongst the District Judges, the eldest in years is to serve on the Trial Division. The ninth member of the court is chosen by the Executive Council of the Oklahoma Bar Association from among the Bar’s active members. Great Seal of the State of Oklahoma Susan Savage, the 29th and current Secretary of State of Oklahoma The Secretary of State of Oklahoma is Oklahoma’s chief elections officer and the only appointed core member of the executive branch of the Oklahoma state government. ...


Appellate Division

As on the Trial Division, the Secretary of State is required to select five senior Judges, under age of 65, with no two of the Judges representing one of the nine Judicial Districts. If any district judge is qualified for both divisions, the selected Judge shall serve on the Appellate Division and the next in qualification shall serve on the Trial Division. Two current members of the Oklahoma Supreme Court, chosen from said court, will serve on the court and one current member of the Oklahoma Court of Criminal appeals, also chosen by said court, will serve on the court.


Appointment and Term of Office

Prior to the first day in February of each odd-numbered year, the Chief Justice of the Supreme Court, the Presiding Judge of the Court of Criminal Appeals and the President of the Bar Association shall certify to the Secretary of State the names of the judges who are chosen, respectively, by the said courts and by the Oklahoma Bar Association. The Secretary of State shall determine the district judges who hold membership on the Trial Division and the Appellate Division. Promptly thereafter he shall notify the members of the respective divisions to meet at the State Capitol on a day certain, within thirty days, for purposes of organization and of making or amending rules of procedure.


Members of the Trial and Appellate Courts shall serve until March 1st of the first odd-numbered year after the year in which they are named. If any Judge, during their time on either court, shall attainment the age limit specified by the Oklahoma Constitution shall not terminate their service during their current term.


Leadership

Each division of the Court shall select from among its members a presiding judge, and the Courts shall be judge of the qualifications and the disqualification of its own members. Each division shall make and publish its own rules of procedure. Each division shall meet on call of its presiding judge or three of its members, with a majority of the authorized membership of either division of the court constituting a quorum for the exercise of any or the entire jurisdiction of that division, regardless of whether or not vacancies exist in the membership of that division.


The Clerk of the Supreme Court is also the Clerk of the Court on the Judiciary.


Judges pro tem

In all proceedings before the Court the established rules for disqualification of judges for interest, prejudice or partiality shall apply. No district judge shall sit in a matter in which the respondent is a judge of a court within his district court judicial district. In the event of the disqualification or failure to act of a member of the Court, a judge pro tem to sit in his place shall be named by the authority responsible for appointing them. If he is a district judge, the qualified district judge next in seniority from his Supreme Court judicial district, shall serve as judge pro tem.


Powers

In the exercise of its jurisdiction, the Court is vested with full judicial power and authority, including the power to summon witnesses to appear and testify under oath and to compel the production of books, papers, documents, records and other evidential objects; to issue all manner of judicial and remedial process and writs, legal or equitable; to provide for discovery procedures in advance of trial; to make rules governing procedure; to grant full immunity from prosecution or punishment when deemed necessary and proper in order to compel the giving of testimony under oath or the production of books, papers, documents, records or other evidential objects. The specific enumeration of powers herein shall not derogate from the existence of other judicial power and authority in the Court, or from the exercise thereof in aid of its jurisdiction.


Exclusive Jurisdiction

No other court shall have jurisdiction to restrict or control or review the orders of the Appellate Division of the Court on the Judiciary and no court except the Appellate Division shall have jurisdiction to restrict, control or review the orders of the Trial Division. District and Superior Courts shall, on direction of the Division of the Court on the Judiciary, aid in carrying out its procedure and mandates.


Invoking Jurisdiction

The jurisdiction of the Trial Division of the Court may be invoked by a petition, filed either by the Oklahoma Supreme Court (or the Chief Justice thereof), by the Governor, by the Attorney General, or by the Executive Secretary of the Oklahoma Bar Association when directed so to do by a vote of a majority of all members of its Executive Council. A Resolution from the Oklahoma House of Representatives may also invoke the Court’s jurisdiction. The petition shall state the name of the respondent, the grounds upon which his removal from office or compulsory retirement from office is sought, and such other matters as may be specified by the rules of the Trial Division. It shall be subject to amendment by order of either division of the Court. The Supreme Court of Oklahoma is one of the highest judicial body in the U.S. state of Oklahoma and leads the judicial branch of the Oklahoma state government. ... This is a list of Governors of Oklahoma: Charles N. Haskell Democratic 1907-1911 Lee Cruce Democratic 1911-1915 R. L. Williams Democratic 1915-1919 James B. A. Robertson Democratic 1919-1923 John C. Walton Democratic 1923-1923 Martin E. Trapp Democratic 1923-1927 Henry S. Johnston Democratic 1927-1929... Great Seal of the State of Oklahoma Drew Edmondson, the 16th and current Attorney General of Oklahoma The Attorney General of Oklahoma is the chief legal and law enforcement officer of the State of Oklahoma. ... A bar association is a professional body of lawyers who, in some jurisdictions, are responsible for the regulation of the legal profession. ... The Oklahoma House of Representatives meets in the State Capitol of Oklahoma The Oklahoma House of Representatives is the larger body of the two houses of the Oklahoma Legislature, the other being the Oklahoma Senate. ...


Immediately upon the filing of the petition, the Clerk shall notify the presiding officer of the Trial Division, and the respondent named therein, in accordance with the rules of the Trial Division. The presiding judge of the Trial Division shall secure from the Executive Council of the Oklahoma Bar Association a panel of five active members of the Association from which the presiding judge shall designate the prosecutor, and any necessary assistant, to conduct the proceeding against the respondent.


The Trial Division or the presiding judge shall set the matter for hearing, not less than sixty days after notice of the filing of the petition shall have been given the respondent. In all procedural matters not covered by rule of the Trial Division, the provisions of the common law of Oklahoma shall be followed so far as they may be applicable. Pending the determination of the proceedings, the Trial Division in its discretion may suspend the respondent from the exercise of his office. After full hearing, the Trial Division shall render such judgment as the facts may justify. No judgment shall extend further than:

  • removal of the respondent from office, with or without disqualification to hold any public office of honor, trust, or profit under this State, or
  • to compulsory retirement from office; but such a proceeding, regardless of result, shall not bar or prejudice any other proceeding, civil or criminal, authorized by law.

A judicial officer who is a member of the retirement compensation system prescribed by the Oklahoma Constitution shall receive the retirement compensation to which his term of service entitled him. If he is not qualified for full retirement compensation, he may receive such compensation as the Court may decree, in proportion to time served and in accordance with principles of justice and equity, alike as to amount, commencement of payment, terms of payment, or other relevant conditions or limitations.


Appeals to Appellate Division

From any judgment of the Trial Division, the respondent or the prosecutor may appeal to the Appellate Division, by filing a notice of appeal with the Clerk of the Supreme Court, within ten days after entry of the judgment. The notice shall be served upon the opposite party in the manner prescribed by the rules of the Appellate Division.


The review in the Appellate Division shall be an equity appeal, as to both law and fact. The Appellate Division may affirm, modify or reverse the judgment of the Trial Division, or enter a new judgment, as justice may require. If justice requires, the Appellate Division may hear additional evidence upon the appeal, upon a showing to the satisfaction of the Division that the additional evidence is material and that there were good reasons for failure to present it to the Trial Division.


Compensation

Members of the Court shall serve without compensation, but shall receive the allowance for expense permitted district judges serving outside their districts.


The prosecutors shall receive such fair and just compensation as the respective division of the Court shall award for service before that division.


See also


 
 

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