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35-649: Courts of Oklahoma include: Federal courts located in Oklahoma Judiciary of Oklahoma Judiciary of Oklahoma 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 . All judges and justices requiring appointment are appointed by

70-422: 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. The Oklahoma Court of Criminal Appeals

105-499: A list of candidates — the judges on the ballot do not have opponents. Rather, the voter chooses between electing the incumbent judge to a further term in office (i.e. voting in favor of "retention") or voting against. They are usually nonpartisan, as the judge's party affiliation , if any, typically is not listed on the ballot. A judge is deemed to have been retained if ballots cast in favor of retention outnumber those against. By way of example, judicial retention elections are used in

140-506: A majority of votes would be elected to serve. (1) Within 30 days before August 16 preceding the expiration of the judge's term, a judge of the Supreme Court or a court of appeal may file a declaration of candidacy to succeed to the office presently held by the judge. If the declaration is not filed, the Governor before September 16 shall nominate a candidate. At the next general election, only

175-543: A new Workers' Compensation Commission, an administrative agency to hear workers' compensation claims arising on or after February 1, 2014. Claims submitted to the Court of Existing Claims are heard by a single judge in either Tulsa or Oklahoma City . A party who disapproves of the judge's ruling may request a hearing en banc , and appeals from such a hearing are heard by the Oklahoma Supreme Court. The court's mandate

210-403: 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. A special judge may be appointed to assist in the event of a heavy caseload. Oklahoma is divided into nine Judicial Administrative Districts, involving several district courts to assure a well-organized system. From the judges of

245-536: 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

280-409: Is a referendum where voters are asked if an office holder , usually a judge , should be allowed to continue in that office. The judge is removed from office if a majority of votes are cast against retention. Retention elections are held periodically, usually at the same time as a general election . A judicial retention vote differs from a regular election in that voters are not asked to choose from

315-423: 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 Supreme Court determines, finally and authoritatively, which of the two courts has jurisdiction. Because the Supreme Court has neither the time nor the resources to hear all cases brought before it,

350-471: Is an intermediate appeals court. The District Courts are courts of general jurisdiction. The Workers’ Compensation Court, Court on Tax Review, and Municipal Courts are special courts with limited jurisdiction. The Court on the Judiciary and the Court of Impeachment are courts that are independent of the administration of the Supreme Court; there is no appeal from these court decisions. The Oklahoma Supreme Court

385-497: Is scheduled to expire in 2020. The Oklahoma Court of 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

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420-454: Is suspended from duty until the conclusion of the impeachment process. Should the impeachment fail, the officer in question returns to his duties. However, if the impeachment is successful and the defendant found guilty, he is removed from office. All judges and justices requiring appointment are appointed by the Governor of Oklahoma . Candidates must first go through a nominating process through

455-406: 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

490-501: The Governor of Oklahoma . Candidates must first go through a nominating process through the Oklahoma Judicial Nominating Commission , which selects three candidates to submit to the Governor for a single selection to the office. The Oklahoma Supreme Court is charged with the administration of the entire state court system. The court normally exercises this responsibility through the adoption of rules governing

525-1127: The Oklahoma Judicial Nominating Commission , which selects three candidates to submit to the Governor for a single selection to the office. Supreme Court Court of Criminal Appeals Court of Civil Appeals Court of Military Appeals Beaver , Cimarron , Harper , Texas Counties Beckham , Custer , Ellis , Roger Mills , Washita Counties Greer , Harmon , Jackson , Kiowa , Tillman Counties Alfalfa , Blaine , Dewey , Garfield , Grant , Kingfisher , Major , Woods , Woodward Counties Comanche , Cotton , Jefferson , Stephens Counties Caddo and Grady Counties Oklahoma County Kay and Noble Counties Payne and Logan Counties Osage County Nowata and Washington Counties Craig , Mayes , and Rogers Counties Delaware and Ottawa Counties Pawnee , Tulsa Counties Adair , Cherokee , Muskogee , Sequoyah , Wagoner Counties Haskell , Latimer , LeFlore Counties Choctaw , McCurtain , Pushmataha Counties McIntosh , Pittsburg Counties Retention election A retention election or retention referendum

560-464: The Supreme Court of Japan . Retention elections are used in many U.S. state court systems to retain trial court and appellate court judges. The following 20 states use retention elections for at least some judges: Appellate court retention election Trial court retention election Many legal scholars disapprove of any form of judicial elections on the grounds that they may undermine

595-486: The governor , who would choose a candidate. It was noted that the Missouri Plan needed a form of public accountability so it was decided that, after an election cycle had passed, the judicial candidate would be subject to periodic, public retention elections. The Constitution of Japan , drafted by the U.S. authorities during the occupation of Japan following World War II , effected a similar arrangement for justices of

630-769: The Appellate Divisions. There are no appeals from the Appellate Division’s decisions, and not even the Oklahoma Supreme Court may change its rulings. 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

665-558: 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. An impeached official

700-575: The Court on Tax Review. Appeals from the court are heard by the Oklahoma Supreme Court. With the exception of the Municipal Court of Oklahoma City and the Municipal Court of Tulsa, the 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 mayors of Oklahoma's cities. The courts exist to oversee

735-623: 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, and any appeals from it are heard by

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770-461: 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 ". The justices select from among their members

805-582: The U.S. state of Illinois . In the 2008 general election , the voters of Cook County, Illinois were asked to vote on the following: Shall each of the persons listed be retained in office as Judge of the Appellate Court, First Judicial District? Michael J. Gallagher, Yes or No Margaret Stanton McBride, Yes or No Additional instructions on the ballot made clear that "no judge listed is running against any other judge" and that voters were able to vote "yes" on both, "no" on both, or "yes" on one and "no" on

840-464: 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. One of the two independent courts in the Oklahoma Judiciary, the Oklahoma Court on the Judiciary is the court responsible for removing judges from their position if they have committed illegal acts. One of three such courts in

875-483: The candidate so declared or nominated may appear on the ballot, which shall present the question whether the candidate shall be elected. The candidate shall be elected upon receiving a majority of the votes on the question. In 1937, the American Bar Association endorsed retention elections for judges. Growing distaste of politics and corruption affecting the gubernatorial appointments of judges brought about

910-574: The court system and the behavior of attorneys in state courts. The chief justice is the figure in charge of these rules. 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 . The Supreme Court and Court of Criminal Appeals are courts of last resort. The Court of Civil Appeals

945-537: 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 . Candidates for district judge must be a practicing lawyer or judge for the past four years and must live in the districts in which they seek election. Associate judges must have been practicing lawyers or judges for

980-484: The independence of the courts and encourage judges to act as politicians. It is argued that of the three branches of government (legislature, executive, and judiciary) the judicial branch should be the least concerned with public opinion, but that retention elections cause judges to take into account the view of the electorate when deciding cases. It is also argued that retention elections may lead to corruption because to successfully run for public office money and campaigning

1015-592: The legislature created the Oklahoma Court of Civil Appeals . When a case is brought before the Supreme Court, the justices may choose to send the case to one of the four divisions of the Civil Court of Appeals, of which two are located in Tulsa and two in Oklahoma City. Each division of the court has three judges; they are appointed for life, but they must stand for election every six years to retain their positions. Two of

1050-402: The legislature. Forced retirement may occur if the court finds the judge in question to be mentally or physically incapable to perform his job. No other penalties may be imposed by this court, although other courts can hear other charges. The Court on the Judiciary consists of a nine-member Trial Division and a five-member Appellate Division. The court’s jurisdiction may be called into force by

1085-504: The nation (the others are in Texas and Alabama ), the Court on the Judiciary insures that other courts best administer justice. Any judge (aside from Supreme Court justices) may be forcefully removed from office if found guilty of 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 specified by

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1120-535: The other. In 1934, Judicial retention elections were first used by California 's state court system to fill vacancies. (Text of the law may be seen below.) These retention elections served as an alternative to elections which were previously contested. After appointment by the governor and confirmation by the Commissioner on Judicial Appointments, an incumbent judge would appear on the ballot without an opponent and voters would vote for or against. Judges receiving

1155-546: 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. The Oklahoma Workers' Compensation Court of Existing Claims is a temporary court that hears workers' compensation claims for injuries occurring before February 1, 2014. It replaces the Workers' Compensation Court, which was dissolved by SB1062, codified in 85A O.S. Title 85A creates

1190-509: The reform when selecting judges. In 1940, the state of Missouri adopted the Missouri Plan, which contained a judicial retention process similar to that of California . This plan which is also known as the merit system, was proposed by Albert M. Kales , co-founder of the American Judicature Society. Under the Missouri Plan, judges were to be nominated by a council of lawyers and laypersons . A list of candidates would then go to

1225-490: 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 court's ruling, it may review the decision. The backbone of the Oklahoma judiciary, the district courts, have general jurisdiction over almost all civil and criminal matters within their sphere of influence. Oklahoma has 77 district courts, each with one or more district judges and an associate district judge. The judges are elected, in

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