Supreme Court of Oklahoma

              C 6450.8 S959c 2005 c.3
The
SUPREME COURT
of
OKLAHOMA
Photo by Travis Caperton,
Legis/ative Services Bureau.
Photo by Legislative Services Bureau.
'The courts of justice of the State
shall be open to every person, and speedy
and certain remedy afforded for eve/}'
wrong and for every inju/}' to person,
property, or reputation; and right
and justice shall be administered without
sale, denial, delay, or prejudice."
Okla. Canst. Art. 2, §6.
f;j The Justices of the Oklahoma Supreme Court
The Oklahoma Supreme Court is a constitutional tribunal consisting of nine Justices. Each Justice is selected
from one of nine judicial districts and sits for a six-year term. Each Justice must be at least thirty years old, shall have
been a qualified elector in the appropriate district for at least one year immediately prior to the appointment, and have
been a licensed practicing attorney or judge of a court of record for five years preceding appointment. The Justices must
maintain their status as licensed attorneys while holding office.
Justices are appointed by the Governor from the list of candidates presented by the Judicial Nominating Commission.
Applicants for appointment to the Supreme Court are subjected to extensive investigation by the Oklahoma State Bureau
of Investigation and to intensive interviews by the Judicial Nominating Commission (a constitutional commission consist-ing
of attorneys and non-attorneys). The Justices stand for retention on a six-year rotating schedule. The retention ballot
appears on general election ballots and is a non-partisan, non-competitive election process. If a Justice resigns or dies
during a term, vacancies are filled by gubernatorial appointment from the appropriate Supreme Court judicial district.
Newly appointed Justices who serve more than one year must stand for retention at the next regular general election.
Justices by District
1. Robert E. Lavender
2. Steven W. Taylor
3. Marian P. Opala
4. Yvonne Kauger
5. James R. Winchester
6. Tom Colbert
7. James E. Edmondson
8. Rudolph Hargrave
9. Joseph M. Watt
Supreme Court Judicial Districts
JUSTICE ROBERT E. LAVENDER, District No.1
Justice Robert E. Lavender was born in Muskogee July 19, 1926. Lavender spent his early years in Tulsa and then
later, on a farm near Catoosa, Rogers County. He graduated from Catoosa High School in 1944 and the sarne year entered
the military, serving in the U.S. Naval Reserve in the South Pacific during World War II. He enrolled at the University of
Tulsa in 1946, receiving his law degree in 1953. During his college years, he worked as an assistant court clerk in the
District and Common Pleas courts in Tulsa County. Later he served as Assistant City Attorney in Tulsa before going
into private practice. He was practicing law in Claremore, Oklahoma, at the time of his appointment to the Supreme
Court in 1965. Appointed to that court by Governor Henry Bellmon, Justice Lavender was elected to a full six-year
term in 1966. He was retained by the voters in 1972, 1978, 1984, 1990, 1996 and again in 2002. He became Chief Justice
in January, 1979, serving a two-year term. He is a 32nd Degree Mason and a member of the Claremore American Legion
Post. He was presented the first annual Faculty and Alumni Award of the University of Tulsa College of Law in 1975.
In 1993 he received an award as a Distinguished Alumnus of the University of Tulsa, Class of 1953. Justice and Mrs.
Lavender (Maxine) have three children and are members of the Village United Methodist Church. Office: Room 208,
State Capitol Building, Oklahoma City, Oklahoma 73105. Telephone: (405) 521-3846.
JUSTICE STEVEN W. TAYLOR, District No.2
Justice Steven W. Taylor was born June 7, 1949, in Henryetta, Oklahoma. He attended McAlester Public Schools and
was a member of the National and State Honor Societies and was President of his McAlester High School student body.
From 1967 to 1971, Taylor attended Oklahoma State University, where he was named to the President's Leadership and
Scholarship Council, the Dean's Honor Roll, the Blue Key Honor Society and Who's Who in American Universities and
Colleges. He also served as Student Senator on the O.S.U. Student Senate, as Kappa Sigma Fraternity Treasurer for two
terms, as O.S.U. Election Board Chairman, as O.S.U. Campus Chest United Way Chairman and on the Arts and
Sciences College Student Council before earning his B.A. in Political Science in 1971. He received his Juris Doctor degree
from the University of Oklahoma College of Law in 1974. Taylor joined the United States Marine Corps and served
active duty and in reserves from 1970 to 1978. He served as an attorney with the Judge Advocate General's office and
later was the youngest judge in the U.S. Armed Forces. He was promoted to the rank of Major. Following his active
duty service in the Marines, Taylor practiced law at Gotcher, Gotcher & Taylor Law Firm from 1978 to 1984. In 1980,
he was elected McAlester City Councilman. In 1982, he was elected Mayor of McAlester, making him the youngest mayor in that city's history.
He was named one of three Outstanding Young Oklahomans for 1983. In 1985, in recognition of Taylor's leadership in economic development,
the City of McAlester named a $10 million industrial park for him where seven industries now employ over J ,300 Oklahomans. In 1997, he was
named "Citizen of the Year" by the City of McAlester. In March, 1984, Taylor was appointed Associate District Judge by Governor George
Nigh. He was re-elected to serve in that capacity in J 986 and 1990. In 1991, he was the first Associate District Judge ever to be elected President
of the Oklahoma Judicial Conference. In 1994, Taylor was elected District Judge and Chief Judge of the 18th Judicial District, which included
Pittsburg and McIntosh counties. In 1997 and 2003, he was elected Presiding Judge of the East Central Judicial Administrative District, which
encompassed ten counties. In 2003, Taylor was again recognized by Oklahoma State University and named "Leadership Legacy" and "2003
Distinguished Alumnus." Taylor was recognized by the Oklahoma Bar Association with the 2003 "Award of Judicial Excellence" as the
Outstanding Oklahoma Judge of the Year. In his 20 years as a trial judge, he presided over more than 500 jury trials, including the Terry Nichols
Oklahoma City bombing case. Justice Taylor is a member of the Grand Avenue United Methodist Church in McAlester, the Rotary Club of
McAlester and the McAlester Running Club. He serves on the Board of Directors of the Oklahoma Medical Research Foundation and the
Oklahoma Heritage Association. He is also a member of the Oklahoma Bar Association and the Pittsburg County Bar Association. On September
23, 2004, Governor Brad Henry appointed Taylor to be Justice of the Supreme Court of Oklahoma. Justice Taylor's wife, Mary, is a public
school teacher. Their son, Wilson Harmon Taylor, is majoring in management at Oklahoma State University. Office: Room 200, State Capitol
Building, Oklahoma City, Oklahoma 73105. Telephone: (405) 521-3844.
JUSTICE MARIAN P. OPALA, District No.3
Justice Marian P. Opala, who was born in 1921 in Lodz, Poland, became a United States citizen in 1953. He graduated
from the Oklahoma City University School of Law the same year. In 1957 he earned a BSB degree in economics from
Oklahoma City University and in 1968 his master-of-law degree from New York University School of Law. Opala began
his legal career as assistant county attorney in Oklahoma County and held this position until 1956 when he entered
private practice. He first served the Supreme Court of Oklahoma as a referee from 1960 to 1965. Later he was staff
lawyer for Justice Rooney McInerney. For nine years (from 1969 to 1977) Opala directed the state's court system's
management as its first Administrative Director. He served as judge on the State Industrial Court when it was renamed (in
1977-1978) as the Workers' Compensation Court. On 21 November 1978 the then-Governor, now OU President David
Boren appointed him to the Supreme Court of Oklahoma. Voters retained him in 1980 for the unexpired term of his
predecessor. In 1982, 1988, 1994 and 2000 he was retained for six-year terms. He served as the court's Chief Justice from
January I, 1991 to December 31. 1992. The author of numerous legal papers, Opala is an adjunct professor in three law
schools - at the University of Oklahoma, Oklahoma City University and the University of Tulsa - and a frequent lecturer at various national
judicial and legal education programs. He is a lifetime Oklahoma commissioner in the National Conference of Commissioners on Uniform State
Laws. A member of the Order of the Coif and of the American Law Institute. he was appointed in December 1993 as a public member of the
Administrative Conference of the United States. Opala is the recipient of the 1997 Oklahoma Bar Association's Award for Judicial Excellence, a
2000 inductee into the Oklahoma Hall of Fame and the 2002 recipient of FOI, Inc. (Oklahoma Chapter) First Amendment Award. Office: Room
238, State Capitol Building, Oklahoma City, Oklahoma 73105. (405) 521-3839.
JUSTICE YVONNE KAUGER, District No.4
Justice Yvonne Kauger, District 4. is a fourth generation Oklahoman from Colony, Oklahoma, who was born in
Cordell on August 3. 1937. She was appointed to the Oklahoma Supreme Court on March 14, 1984 by Governor
George Nigh. Justice Kauger chairs.the Building Committee for the Oklahoma Judicial Center. She served as Chief
Justice of the Oklahoma Supreme Court from January 1997 to December of 1998. Kauger has served as Presiding
Judge for the Court on the Judiciary. and on the Law School and Bench and Bar Committees of the Oklahoma Bar
Association. She founded the Gallery of the Plains Indian in Colony and co-founded Red Earth. She has acted as
Symposium Co-ordinator for The Sovereignty Symposium, a seminar on Indian law sponsored by the Oklahoma
Supreme Court since its inception in 1987. Kauger has received many awards including Valedictorian of her high
school class in Colony, and first in her class at Oklahoma City University School of Law, National Delta Zeta of the
year for 1988, and Oklahoma City Pioneer Award for 1989. She was the featured speaker at the Twentieth William
O. Douglas Lecture Series at Gonzaga University in November 1990. She received an honorary doctorate from OCU
in 1991. She has been named a distinguished alumnus by OCU and by Southwestern Oklahoma State University. On June 7,1999, she was
awarded the Herbert Harley Award by the American Judicature Society in recognition of her outstanding efforts to improve the administration of
justice. She is one of only four Oklahomans to have ever received the award. In November of 1999, she was honored by the Oklahoma Bar
Association with the Judicial Excellence Award. In March. 2001, Justice Kauger was inducted into the Oklahoma Women's Hall of Fame. She is a
member of the District State-Federal Judicial Council and of the Washita County Hall of Fame. She was adopted by the Cheyenne and Arapaho
tribes of Oklahoma in 1984. Kauger' s mother, Alice Bottom Kauger, is an active resident of Teal Ridge Manor. Her daughter, British solicitor/
lawyer, Jonna Dee Kauger Kirschner, practices law in Oklahoma City. Her CPA son-in-law, Bruce Scambler, became a naturalized citizen in May,
1999. Her first grandson, Jay Michael Eduard Kauger Scambler, attends fifth grade and plays Suzuki violin and baseball. Her second grandson.
Winston Jon Eagle Kauger Scambler, also plays Suzuki violin and will begin kindergarten in the Fall of 2005. Office: Rm 242, State Capitol Bldg.,
Oklahoma City 73105; Telephone: (405) 521-3841.
VICE CHIEF JUSTICE JAMES R. WINCHESTER, District No.5
Vice Chief Justice James Winchester was appointed in 2000 as a member of the Supreme Court of Oklahoma. A
native of Clinton, Oklahoma, Justice Winchester received his Bachelor of Arts from the University of Oklahoma and
his Juris Doctorate from Oklahoma City University. After graduating from law school, Justice Winchester practiced
law in Weatherford and Hinton before being named Associate District Judge for Caddo County in January 1983. In
December 1983, at age 30, Justice Winchester became one of the youngest district judges in the state when he was
appointed as District Judge for the Sixth Judicial District of Oklahoma. During his tenure as a district judge, he tried
more than 200 jury trials, ranging from fraud to first-degree murder death-penalty cases. Justice Winchester was
named Outstanding State Trial Court Judge by the Oklahoma Trial Lawyers Association in 1986 and served as an
executive board member of the Oklahoma Judicial Conference from 1992 to 1996. He served as President of the
Oklahoma Judicial Conference in 1995. From August 1997 to January 2000, Justice Winchester served as a U.S.
Administrative Law Judge. On January 4, 2000, he was appointed to the Supreme Court of Oklahoma by Governor
Frank Keating. Justice Winchester is a recent graduate of Leadership Oklahoma. He currently resides in Chickasha,
Oklahoma, with his wife, Rep. Susan Winchester and their son, Davis. Office: Room 244, State Capitol Building,
Oklahoma City, Oklahoma 73105. Telephone: (405) 521-3842.
JUSTICE TOM COLBERT, District No.6
Justice Tom Colbert was born on December 30, 1949, in Oklahoma City, OK. He attended Eastern Oklahoma State
College, where he earned his Associates Degree in 1970. He then attended Kentucky State University, where he earned
his Bachelor of Science in 1973. In 1976, he earned a Masters in Education and graduated from Eastern Kentucky
University. He then served in the United States Army, active duty, in the Criminal Investigation Division, from 1973 to
1975 and received an honorable discharge. Colbert received his Juris Doctorate from the University of Oklahoma
College of Law in 1982. He was named to Phi Delta Phi and the NCAA All American during his college career. Colbert
was Assistant Dean at Marquette University Law School from 1982 to 1984. He served as Assistant District Attorney
in Oklahoma County from 1984 to1986, before going into private practice at Miles-LaGrange & Colbert from 1986 to
1989. He then worked in private practice with Colbert and Associates from 1989 to 2000. Colbert served as an attorney
for the Oklahoma Department of Human Services from 1988 to 1989 and again from 1999 to 2000. Colbert was
appointed as a Judge for the Oklahoma Court of Civil Appeals in November 1999. He served as Chief Judge of that
Court in 2004. On October 7,2004, Governor Brad Henry appointed Colbert to be Justice of the Supreme Court of
Oklahoma. Justice Colbert is the first African-American appointed to the Oklahoma Court of the Civil Appeals and also
the first African-American to be appointed to the Supreme Court of Oklahoma. He is a member of the American Bar
Association, the Oklahoma Bar Association, the Tulsa County Bar Association and the National Bar Association. He
participates in the Track & Field Masters Level, a mentoring program for young men and the summer reading program
for children. His wife, Doretha Guion, is an educator. He has three grown children. Office: Room 204, State Capitol
Building, Oklahoma City, Oklahoma 73105. Telephone: (405) 521-3843.
JUSTICE JAMES E. EDMONDSON, District No.7
Justice James E. Edmondson was appointed to the Supreme Court by Governor Brad Henry on December, 2, 2003.
Edmondson served as District Judge for District 15 since 1983. Before serving as District Judge, Edmondson was a
partner in the Edmondson Law Office from 1981 to1983. In Oklahoma's Eastern District, Edmondson served as
Acting U.S. Attorney from 1980 to 1981, and as Assistant U.S. Attorney from 1978 to 1980. He also served as
Muskogee County's Assistant District Attorney from 1976 to 1978. Edmondson received his B.A. degree from
Northeastern State University in Tahlequah in 1967. He served in the U.S. Navy from 1967 to 1969 before attending
Georgetown University Law Center where he received his law degree in 1973. He and his wife, Suzanne, have two
grown children, Jimmy and Sarah. Office: Room 202, State Capitol Building, Oklahoma City, Oklahoma 73105.
Telephone: (405) 521-3830.
JUSTICE RUDOLPH HARGRAVE, District No.8
Justice Rudolph Hargrave is a resident of Wewoka, Oklahoma. He attended Wewoka public schools, East Central
State University, Ada, Oklahoma, and the University of Oklahoma where he received his law degree in 1949. He is
a member of Delta Theta Phi legal fraternity. He was in private practice from 1949 to 1964 in Wewoka, and was
County Judge for Seminole County from 1964 to 1967. From 1967 to 1969, Justice Hargrave was Seminole
County Superior Court Judge and was Seminole County District Judge from 1969 to 1978, 22nd Judicial District,
Chief Judge, Office Number 3. He also served as Chief Judge, Administrative Zone Number 3. On October 10,
1978, he was appointed to the Supreme Court and in 1980, 1986, 1992, 1998 and 2004, he was retained by the
voters for full six-year terms. During his first term as Chief Justice, which began on January 1, 1989, he was
elected by the National Conference of Chief Justices as Vice-President of that conference, the only Oklahoma
Supreme Court Justice ever to serve in that position. He was elected Chief Justice of the Supreme Court of the
State of Oklahoma for a second time on January 1,2001. He is also a member of the Seminole County Bar
Association, Oklahoma Bar Association, American Bar Association and the Oklahoma Judicial Conference. Justice
Hargrave and his wife, Madeline, are members of the First United Methodist Church in Wewoka. They have three
children, Cindy Keefer of Ada, John Robert Hargrave of Wewoka, and Jana Howard of Ardmore. Office: Room
240, State Capitol Building, Oklahoma City, Oklahoma 73105; hours: 8 a.m. - 5 p.m. Telephone: (405) 521-3847.
CHIEF JUSTICE JOSEPH M. WATT, District No.9
Chief Justice Joseph M. Watt was born in Austin, Texas, March 8, 1947. He graduated from Austin High School in
1965. He received his B.A. degree in History/Government from Texas Tech University in 1969 and his Doctor of
Jurisprudence Degree from the University of Texas Law School in 1972. That same year, Watt was named Outstand-ing
Law Student in the Nation by the Delta Theta Phi Law Fraternity and he was elected to the University of Texas
Circle of Omicron Delta Kappa ational Honorary Leadership. Watt was admitted to practice law in both Texas and
Oklahoma. He moved to Altus, Oklahoma, in 1973, and was in private practice there from 1973 to 1985. During that
time, he served as City Prosecutor for 12 years and as City Attorney from 1980 to 1985. Watt was appointed Special
District Judge for Jackson County, Oklahoma, in 1985, and thereafter, was elected by voters to be Associate District
Judge in 1986. He served in that capacity until January, 1991, when he was asked to serve as General Counsel for the
Governor. On May 18, 1992, Watt was appointed to the Supreme Court of Oklahoma and was retained by the voters
in 1994, 1996 and again in 2002. Having served as Vice-Chief Justice in 200 Iand 2002, Watt was unanimously elected
by his colleagues on the Supreme Court to serve as Chief Justice in 2003 and 2004. He was again chosen by his
colleagues to serve a second consecutive term as Chief Justice beginning in 2005. Watt served the Oklahoma Judicial Conference as Vice-President
for two years, President-Elect, and during 1996 as President. He was a member of the Appellate Division on the Court on Judiciary from 1997 to
2002 and Supreme Court Liaison to the Oklahoma Bar Association from 1997 to 2002. Watt is a past Secretary and President of the Altus
Rotary Club and a Paul Harris Fellow. Watt and his wife, Cathy, are the parents of Justin, Christopher, Jennifer (married to Jon Miller) and
Michael. They have one grandson, Benjamin Watt Miller. His interests include his family and -- on rarer occasions - a round of golf. Office:
Room 245, State Capitol Building, Oklahoma City, Oklahoma 73105. Telephone: (405) 521-3848.
The Chief Justice with wife,
Cathy.
Chief Justice Watt with (L) The Honoroable
Deanell Reece Tacha, Chief Judge, U.S. Court
of Appeals, Tenth Circuit and (R) The Honor-able
W.H. "Dub" Arnold, former Justice,
Arkansas Supreme Court.
.,
Chief Justice Watt with
Charles Chibitty, the last living
Comanche Code Talker.
OKLAHOMA STATE COURTS NETWORK
SCN .net
The Oklahoma State Courts Network, located at www.oscn.net, is designed to provide free access to public legal documents.
To date, court docket information is available for thirteen Oklahoma counties including: Adair, Canadian, Cleveland, Comanche,
Ellis, Garfield, Logan, Oklahoma, Payne, Pushmataha, Roger Mills, Rogers and Tulsa. These thirteen counties, most among the
largest in the state, account for approximately 50% of the caseload across the state. The Supreme Court of Oklahoma anticipates
that the remainder of Oklahoma's 77 counties will be added to the Oklahoma State Courts Network as funds become available from
the Oklahoma Legislature.
The Court has adopted the Public Domain Citation System for its case law, as recommended by the American Association of Law
Librarians and the American Bar Association. OSCN is one of the largest freely available repositories of legal information on the
internet. Thousands of published Oklahoma appellate cases are now available on the web site (1890 to present date). The
Oklahoma Statutes are now available. Attorney General's opinions, certiorari dispositions, court rules, forms, and many other types
of documents are also included. In addition, OSCN provides a fielded search system for all of the documents within its database,
similar to that offered by such vendors as Westlaw and Lexis. OSCN also provides a service entitled "The Citationizer" for tracking
and checking citations to case law, similar to services provided by Shepard's. The Management Information Services Department
(MIS) operates as a department of the Administrative Office of the Courts.
The documents on OSCN have been generated and continue to be generated by students from area law schools. These students
have proven to be a very cost-effective and valuable resource in the development of OSCN. This partnership works well- the
students get experience and a reasonable salary, and the Supreme Court gets accurate, well-done documents at a reasonable cost.
The Court received the "Site Patrol" Award from Microsoft and the "Best of the Net" Award from Mining Co. OSCN was listed as a
"Well Done Court Site" at the website, Courts. net.
Administrative Office of the Courts
The Administrator for all Oklahoma courts, Howard W. Conyers, and his staff work under
the supervision of the Chief Justice and the Supreme Court. They coordinate judicial
operations and personnel throughout the state and handle payroll, training, data systems
and other responsibilities.
Howard W. Conyers
Clerk of the Supreme Court
The Clerk of the Supreme Court is Michael S.
Richie. He and his staff keep the official records
of the appellate courts. The Clerk also serves as
the Clerk of the Court of Criminal Appeals, Court
of Civil Appeals, Court on the Judiciary, and Court
of Tax Review. The Court Clerk's office, located in
Room B-2 at the State Capitol Building, is open
Monday through Friday, from 8 a.m. to 5 p.m. for
filing and its file room is open from 9 a.m. to
4 p.m. for viewing or copying files.
The Appellate Court Clerk's Office includes:
(L to R, front row) Patrick Eberle, Glenda
Burris, Debbie Keys, Meredith Moman (L to
R back row) Tom Eberle, Appellate Court
Clerk Michael S. Richie, First Deputy Susan
Hampton, Polly Engelbert and Daniel Moore.
Photo by Legislative Services Bureau.
a, ~'\ ~ ·~r;o; The Supreme Court ".~;}p
The courtroom, housed in the State Capitol, belongs to the people of Oklahoma, as do all courtrooms in this
State. All sessions conducted in the courtroom are open to the public. Citizens are welcome, and they are urged to
attend these sessions. The Supreme Court Courtroom is one of the most beautiful rooms in the State Capitol Building.
Along the walls of the courtroom are the portraits of the first five Supreme Court Justices - Honorable R.L. Williams,
Honorable Matthew Kane, Honorable Jesse J. Dunn, Honorable John B. Turner, and Honorable Samuel W. Hayes. The
pictures of the current members of the Court are placed on the walls immediately outside the courtroom doors. The first
five Justices initially presided over all civil and criminal cases, but as the population began to grow and the court docket
lengthened, it became clear that a five-judge court would not be able to handle all the cases. Four other Justices were
appointed in 1917. In 1918, the Court of Criminal Appeals was created and three judges were appointed to preside over
all criminal matters. (The Court of Criminal Appeals now consists of five judges.)
Solid mahogany found throughout the room was imported from the West Indies in 1918. Four large pillars of Vermont
marble, weighing two tons each, support the ceiling. The ceiling is one of the most beautiful aspects of the courtroom.
The ten solid brass light fixtures illuminating the courtroom were designed in New York City in 1970. At the north end of
the courtroom beneath the ceiling, a piece of Vermont marble bears the inscription: ''The safety of the State is the
highest law" - written by Justinian. Vermont marble is also found beneath the ceiling at the south end of the courtroom.
It carries the inscription: "The foundations of justice are that no man shall suffer wrong" - a quotation from Cicero.
t~·4:~t. The Oklahoma Appellate Courts
~ v- i ~
". ",' Unlike most states, Oklahoma has two courts of last resort. The Supreme Court determines all issues of a
, -<' civil nature, and the Oklahoma Court of Criminal Appeals decides all criminal matters. Members of these
courts, and of the Court of Civil Appeals, are appointed by the Governor from a list of three names submitted by the
Oklahoma Judicial Nominating Commission.
In making its decisions, the Oklahoma Supreme Court interprets both the State and Federal Constitutions. If the
question presented is one purely of state law, the Oklahoma Supreme Court is the final arbiter. An opinion of the
Oklahoma Supreme Court, based on the Oklahoma Constitution, affording greater rights than those preserved by the
United States Constitution, may not be overturned by the United States Supreme Court. The Oklahoma Supreme Court
decides no criminal cases. Criminal cases fall within the exclusive appellate jurisdiction of the Court of Criminal Appeals.
If a conflict arises over the jurisdiction of the two courts - Supreme Court or Court of Criminal Appeals - the Supreme
Court determines which court has jurisdiction. Its determination is final and not subject to review.
(Continued on next page.)
(Continued from previous page.)
Court of Civil Appeals' opinions may be released for publication either by the Court of Civil Appeals or by the Supreme
Court. When the opinions are released for publication by the Supreme Court, they have precedential value. Opinions
released for publication by the Court of Civil Appeals have persuasive value only. The Court of Civil Appeals is made up of
four divisions, each composed of three Judges. Two divisions of the Court of Civil Appeals are located in Oklahoma City
and two are housed in Tulsa.
Courts of [
Last Resort
Intermediate [
Appellate
Court
Courts of [
General
Jurisdiction
Courts of
Limited
Jurisdiction*
Organizational Chart
Judicial System
Supreme Court "- Court of Crimlal
9iJstices -<>- 'r'" Appeals
AppeHal. jurisdiction In dvil 5jtJdges
AppeIlale jurisdiction in
matters .;/0 aiminal cases
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t V 4/1 ~
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Court of Civil Appeals O~ 12 judges Cdivivil_isIisons by athsesigSnUEpr<elmloe oCneouortf 4 4~ .s-: :tEt:
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"""IV ""IV
District Court
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74 district judges; 77 associale districl judges;
84 special judges
Original Pisdiction over
.;) ...-. all justiciable matt"",
~"""IV 41
Municipal Court Municipal Criminal Court
.;/0 Not of Record (340) of Record (2)
A;lprox. 350 fulUpart time judges 8 full-lime; 18parttimejudges
Cilyordinance violations City ordinance violations
A.
\6" /' 'S" 'r" A
Workers' Compensation Court Court of Tax Review
10/Jdges 3 district judges serve
Injury """",,,,",",lion daims Hear.; protests on tax levies
Key:
~ indicates route
of appeal
+0- indicates
assignment
of cases
*The Court on the
judiciary is not shown.
Bringing a case before the Oklahoma Appellate Courts
In Oklahoma, all litigants are entitled to one appeal as a matter of right. Appeals to the Court of Criminal
Appeals come directly from the District Court. All appeals in civil cases are made to the Oklahoma Supreme
Court. Appeal may be made to the Supreme Court from the District Court, Workers' Compensation Court, Court
of Tax Review, and state agencies such as the Department of Public Safety, Oklahoma Tax Commission, Oklahoma
Corporation Commission and the Department of Human Services. Many of these appeals are directed by the Supreme
Court to one of four divisions of the Court of Civil Appeals. Most cases reviewed in the Supreme Court are from the
Court of Civil Appeals. These cases come before the Supreme Court on petitions for certiorari.
Certiorari allows the Supreme Court to bring the record up from the Court of Civil Appeals and to review the Court of Civil
Appeals' decision. A review of an opinion of the Court of Civil Appeals in the Supreme Court on writ of certiorari is
discretionary, and will be granted only when there are special and important reasons, and if a majority of the Justices
direct that certiorari be granted. Certiorari may be granted when: the Court of Civil Appeals has decided a question of
substance not previously determined by the Oklahoma Supreme Court; or the decision of the Court of Civil Appeals
does not conform with a decision by the Oklahoma Supreme Court or the United States Supreme Court; or the Court of
Civil Appeals' divisions have issued conflicting opinions; or when the Court of Civil Appeals' decision is a substantial
departure from the usual course of judicial proceedings.
When first impression issues, or important issues of law, or matters of great public interest are at stake, the Supreme
Court may retain a case directly from the trial court. In addition to appeals from a trial, issues come to the Supreme
Court within its general superintending control over all inferior courts, agencies, commissions and boards created by
law, with the exception of the Court on the Judiciary and the Senate sitting as a Court of Impeachment.
Disposition of cases pending before the Supreme Court
~The Supreme Court operates very differently from a trial court. There is no jury and, except on very rare occa-sions,
no testimony from witnesses. The Court receives the record of the trial (transcript), and any court papers
filed in the case (record), and the written arguments (briefs) of the lawyers. The Supreme Court has total discretion in
deciding which cases it will hear. Cases which are not directed to the Court of Civil Appeals for decision are assigned on
a rotating basis to an individual Justice by the Chief Justice. If the Chief Justice is disqualified, the assignment is made
by the Vice Chief Justice. Cases coming to the Court from the Court of Civil Appeals on certiorari are assigned during
Monday Conferences, also on a rotating basis. A petition for certiorari must contain the Court of Civil Appeals' opinion
deciding the issues presented. The opinion is reviewed by a Referee. The petition for certiorari, the response to the
petition, the reply, and a memorandum with a recommendation are submitted to an individual Justice for review. The
assigned Justice makes a recommendation to the Court. The granting or denial of a petition for certiorari is discretionary.
If a petition is denied, the Court of Civil Appeals' opinion becomes the final judgment and the law of that case. If a petition
for certiorari is granted, the case is assigned to a Justice to write an opinion. (Continued on next page.)
(Continued from previous page.)
Once a case is assigned to an individual Justice, the Justice and the Justice's legal staff independently research the
issues presented. A proposed opinion is presented to each of the other eight Justices, and the opinion is considered in
one of two regularly scheduled weekly Conferences. All members of the Court assemble twice weekly, on Monday and
Thursday mornings, in the Supreme Court Conference Room. These regularly scheduled private meetings are generally
referred to as "Conferences" and are not subject to the Open Meetings Law. On Mondays, the Court considers petitions
for certiorari, bar disciplinary matters, and applications for extraordinary relief (often referred to as original jurisdiction
matters). On Thursdays, the Court considers proposed opinions drafted by individual Justices. During Conference, as
each case is called and discussed, each Justice casts a vote on that case.
Under art. 7, §5 of the Oklahoma Constitution, the concurrence of the majority of the Justices is necessary to decide
any question. Because the Oklahoma Supreme Court is composed of nine members, an opinion must receive at least
five votes. If the Court's opinion is not unanimous, other Justices may write dissenting opinions. Even if a Justice agrees
with the result reached by the majority opinion, the Justice may author a concurring, concurring specially, concurring-in-result,
or concurring-in-judgment opinion stating the reasons why the law as stated by the majority opinion is correct in
the cause presented. If a Justice agrees with the law expressed in an opinion, the vote is to concur. If the Justice
disagrees with the law as expressed or applied in an opinion, the vote is a dissent. Concurring and concurring specially
votes are treated as a full concurrence and may be counted in obtaining a majority vote. Concurring-in-result and
concurring-in-judgment votes may not be counted as votes to form a majority opinion.
Any opinion issued by the Court is a product of many hours of in-depth, detailed study and research. These opinions and
orders are handed down each Tuesday. Copies are mailed to the attorneys. Parties dissatisfied with the Court's opinion
may file a petition for rehearing requesting the Court to take a second look at the law or the reasoning used in support of
the result reached. Once an opinion has been issued, copies are available to the general public in the office of the
Appellate Court Clerk. After an opinion is adopted, it becomes legal precedent, and guides lawyers, litigants, and judges
in future cases.
When an issue is particularly novel or of great importance, the Court may order the parties to appear for oral argument.
Generally, each side will be given 30 minutes to present its case. This time may be divided between the original
argument and rebuttal. Later, at a private conference, the Justices discuss the arguments presented, and the Justice
originally assigned the case will author a proposed opinion. This proposed opinion, like all others, is considered by all
nine Justices and voted upon in Conference.
The Supreme Court and the Judicial System
Deciding cases is only one of the Supreme Court's functions. The Court is also responsible for administering
the state's entire judicial system. The Court establishes rules of operation for all other courts in the state. The Supreme
Court formulates the rules for practice of law, which govern the conduct of all attorneys, and it administers discipline in
appropriate cases. Additionally, many of the Justices make personal appearances to speak to members of the Bar, civic
clubs, and educational groups. These appearances are made in an attempt to help all citizens understand the Court's
workings and to inform them of the decision-making process. The Justices are also called upon to administer official
oaths of office to public officials.
Photo by Travis Caperton, Legislative Services Bureau.
Oklahoma Supreme Court Justices attend Governor Brad Henry's 2005 State of the State Address.
The Oklahoma Supreme Court works closely with the federal judiciary. The Court is often called upon to
answer federal certified questions pursuant to the Revised Uniform Certification of Questions of Law Act
20 O.S. 2001 § 1601, et seq. Certified questions are issues raised in a federal case for which there is no
Oklahoma law and the Oklahoma Supreme Court is called upon to settle the issue.
Selection of the Chief Justice of the
Supreme Court
Pursuant to the Okla. Const., art. 7, § 2, the Court selects from
its members a Chief Justice and a Vice Chief Justice every two years. The
Chief Justice, who is the first among equals, presides at all court sessions
and chairs the state judicial conference. Together with the other members
of the Court, the Chief Justice administers the judicial branch of state
government and represents the Court and the judicial system in public
appearances. For the 2005-2006 term, the Court selected Chief Justice
Joseph M. Watt to serve a second consecutive term and Justice James R.
Winchester to serve as Vice Chief Justice.
~
Photo by Travis Caperton, Legislative Services Bureau.
Justice Joseph M. Watt takes the oath to
serve his first term as Chief Justice in 2003.
A Message from the Chief Justice
The quality of life for Oklahomans and democracy itself depend on the effective administration of justice and
the protection of individual rights and freedoms. The Oklahoma court system strives to assure all people the equal
right to justice that is fair, independent and expedient. Hopefully, every citizen will playa part in protecting his or her
constitutional rights by working to further understand judicial, legislative and executive processes.
I hope this brochure will be helpful to you in further understanding the work of the Supreme Court of Oklahoma and the
Oklahoma courts. The courts belong to the people of Oklahoma and the Supreme Court encourages your interest.
We welcome visitors to the Oklahoma State Capitol to visit our Courtroom. We encourage school field trip groups to
contact us ahead of time so we may have the opportunity to meet young people when they visit our Court. Civic groups
and school districts often honor us by asking us to speak. Our web site at www.oscn.net can be accessed at no cost for
information about the courts, law and legal research. We welcome this interaction and encourage you to contact us. Our
districts, offices and phone numbers are listed in this brochure and on the www.oscn.net web site.
Again, the courts are here for all people. I encourage each citizen's participation in the judicial process.
"6~fh1. W~
Joseph M. Watt, Chief Justice
Workers' Compensation Court
The Workers' Compensation Court is made up of ten Judges. This limited jurisdiction tribunal considers cases
involving on-the-job injuries occurring while an employee is within the scope of employment. Appeals from the
Workers' Compensation Court are to the Oklahoma Supreme Court.
Photo by Bill Wiles.
Workers' Compensation Court judges (Sitting L to R) Judge Jerry L. Salyer, Vice-Presiding Judge Tom
Leonard, Presiding Judge Gene Prigmore, Judge Mary Black (Standing L to R) Judge Cherri Farrar, Judge
Kenton W. Fulton, Judge Richard L. Blanchard, Judge Richard G. Mason, Judge Susan W. Conyers, Judge
Ellen G. Edwards.
~.·"e\gnty.":SJ<%a,.The Sovereignty Symposium
f- . a
The Vietnam Era Veterans Color Guard (in fatigues and berets) with: (L to R, not including Color Guard,) Oklahoma
Indian Affairs Director Barbara Warner, Madeline Hargrave, Oklahoma Supreme Court Justice Rudolph Hargrave,
Navajo Code Talker Samuel Smith, Comanche Code Talker Charles Chibitty, Oklahoma Supreme Court Justice
Yvonne Kauger, and Navajo Code Talker Dr. Samuel Billison.
The Oklahoma Supreme Court is committed to Continuing Legal Education for judges and lawyers. The Supreme Court
sponsors annually The Sovereignty Symposium assisted by the Oklahoma Indian Affairs Commission and The Sover-eignty
Symposium, Inc. This gathering is recognized as the premier conference in the country on Indian Law. The
curriculum features comprehensive coverage of legal issues involving indigenous peoples. Lectures and open discussions
leave attendees, as well as the bench and practicing bar, with a better understanding of the historical perspective and the
contemporary legal issues facing tribal, state, and federal governments. The Sovereignty Symposium was established to
provide a forum in which ideas concerning common legal issues could be exchanged in a scholarly, non-adversarial
environment. The Supreme Court espouses no view on any of the issues, and the positions taken by the participants are
not endorsed by the Court,
Oklahoma Judicial Conference
The Oklahoma Judicial Conference was established by the Oklahoma Supreme Court as a sub-division of the
judicial branch of government in accordance with the inherent power of the Court to administer the judiciary of the State.
The Oklahoma Judicial Conference was created to: assist in the administration of justice; provide an entity to supervise
the education and training of the members of the judicial branch of government; assist the Supreme Court in analyzing
the needs of the trial courts of the State; provide assistance to the appropriate committees of the legislature concerning
matters affecting the trial courts; and provide an organizational structure which would ensure continuity and a means of
accomplishing the goals of the Conference.
~ *--gJJt.J Alternative Dispute Resolution System
~ The Alternative Dispute Resolution System in Oklahoma is currently made up of twelve community-based
mediation centers (Early Settlement) and twelve programs developed by state agencies. This system which
was authorized (1983) and funded (1985) by the State Legislature through the Oklahoma Dispute Resolution Act, 12 O.S.
Supp. 2001, § 1801 et seq., is administered and supervised by the Administrative Director of the Courts through his
designee, the ADR System Director, with the ongoing input of the Dispute Resolution Advisory Board. Each program
within the system is certified by means of an initial application process and annual contracts with the local sponsors of
the community-based centers and the executive officer(s) of the state agencies. Mediator candidates for the programs
are required to complete training and an experience-based practicum provided under the authority of the Adminstrative
Director of the Courts in order to achieve certification as a mediator. Mediator candidates are not charged fees for their
training. Mediators for Early Settlement and the Oklahoma Agriculture Mediation Program work as volunteers while
mediators for the state agency programs add mediation to their job duties. The Administrative Director of the Courts must
also certify both the trainers and the curriculum for the training. The purpose of the system, as stated in the Act, is to
"provide to all citizens of this state convenient access to dispute resolution proceedings which are fair, effective, inexpen-sive,
and expeditious." The Act also anticipates that "such proceedings can also help alleviate the backlog of cases
which burden the judicial system in this state."
, ~
I~ Appellate Early Settlement Conference Program
The Appellate Settlement Conference Program, begun in 1993, provides litigants with an alternative to standard appellate
litigation. Most civil appeals are eligible for the program; however, criminal cases and workers' compensation cases are
not considered appropriate. Cases scheduled for a settlement conference are those in which the parties indicate a
willingness to participate. More than 40 percent of the cases going to an appellate settlement conference result in
resolution of the case and a subsequent motion for dismissal. These settlement conferences are conducted by court-appointed
active-retired judges who have completed specialized training in the appellate settlement conference process.
I District Judges
The majority of the judiciary in Oklahoma is composed of Judges of the District Court. Often these Judges
serve as the first contact a party may have with the judicial system. District Court Judges hear both civil and
criminal matters, and they are the backbone of the judiciary. Appeals from the District Courts in civil matters are to the
Oklahoma Supreme Court; appeals in criminal matters from these courts are to the Oklahoma Court of Criminal Appeals.
o~ Presiding District Judges
.,'-....,/&11 Nine Presiding Judges are elected by their peers to assist in the administration of Oklahoma's trial courts.
These judges, representing separate geographic areas, meet monthly with members of the Supreme Court and
Court of Criminal Appeals to discuss the administration of justice and topics, trends and developments affecting
Oklahoma's judiciary. These meetings provide an effective forum for exchanging information by and between the trial and
appellate judges.
Active Retired Judges
Active Retired Judges provide an invaluable service to the judicial system. After retirement, these Judges serve
on an as-needed basis to assist in alleviating conflicts and to ensure that dockets stay current when Judges find
themselves with conflicts or over-burdened case loads. Active Retired Judges may conduct grand juries, trials or settle-ment
conferences.
Oklahoma Court Clerks
Court Clerks are an integral part of the Judicial System. According to Oklahoma's Constitution, a Court Clerk
is elected for a term of four years in each of Oklahoma's 77 counties. The primary responsibilities of the Court
Clerk are to record, file and maintain the proceedings of the District Court, and perform other duties as directed by the
District Court. Other duties and responsibilities of the Court Clerk include: collecting all required Court fees; issuing
warrants, orders, writs, subpoenas, passports and certain licenses; maintaining dockets and financial records for the
various divisions of the Court; maintaining an appropriation ledger to control and monitor Court Fund expenditures;
disbursing District Court funds in accordance with Court instructions and state statutes; and, reviewing Court Fund
claims for proper supporting documentation before bringing the claims and vouchers to the Court Fund Board for
approval.
, , '..::" .. , .;¥I Members of the Oklahoma judiciary and their staff are governed by very strict rules of ethical conduct called
the Code of Judicial Conduct. Judicial officers are charged with maintaining the integrity and independence of
the judiciary. No Justice or Judge may lend the prestige of the office to advance any private interest. They must refrain
from participation in political activities. They may not hold offices in political organizations, make speeches for political
organizations or candidates, or solicit funds for a political organization or make, directly or indirectly, contributions to
political organizations or candidates. A Justice or Judge on a retention ballot may campaign only if there is active
opposition to the retention. Members of the judiciary may not personally raise money to counter such opposition.
Instead a committee must be formed to solicit and manage campaign monies. All members of the judiciary must not
only avoid actual impropriety, they must avoid even its appearance in all of their activities. They are required to regulate
extra-judicial activities in order to minimize any possible conflict of interest with the exercise of judicial duties.
Code of Judicial Conduct
Ethics Advisory Panel
The Judicial Ethics Advisory Panel serves as an entity to which
questions concerning judicial ethics may be addressed.
Requests may relate solely to prospective conduct which the
petitioning party is concerned may violate the Code of Judicial
Conduct. The panel issues advisory opinions which address
only whether an intended future course of conduct is in violation
of the Code. The Advisory Panel is staffed by three Active
Retired Judges who have shown the highest ethical standards,
integrity and wisdom through their service as members of the
judiciary and as public servants. Currently, Judge Robert Bailey
serves as Chair. The other members are Judge Milton C. Craig
and Justice Robert Simms. The Ethics Advisory Panel consists of (L to R)
Justice Robert Simms, Judge Robert Bailey and
Judge Milton C. Craig.
Supreme Court Staff
Photo by Legislative Services Bureau.
Supreme Court staff are: (Front row, L to R) Vickie Campbell, Vicki Angus, Barbara
Kinney, Vanessa Traylor, Gayleen Langthorn, Marilyn Velasquez, Jean Mullican, Jane
Eulberg, (Second row, L to R) Nancy Parrott, Hilda Casey, Nancy Gelvin, Louise Helms,
Donna Embry, Kelley Middaugh, Paul White, Greg Albert, Kate Dodoo, (Third Row, L to R)
Diane Barnett, Mike Elliott, Kyle Shifflett, Sarah Lee Parrish, Grey Satterfield, Daniel
Karim, Bobbie Moore, (Back row, L to R) John Galowitch, Kristin McAdams, Deby
Berkowitz, Merlaine Anderson, Barbara Swimley and Carrie Sites.
Each justice of the Oklahoma Supreme Court has two highly qualified lawyers and one administrative assistant who help
him or her perform the duties of the office. When a justice serves as Chief Justice, he or she is additionally supported by
the marshal of the Court who is also a lawyer, and an office receptionist. The Court is further aided by four referees and
their two administrative assistants.
All members of the staff perform duties assigned by the justices. The administrative assistants work to insure the
smooth operation of each office and the Court in general, while the lawyers research, write orders and memos and make
recommendations to the Court. The referees also hold hearings on behalf of the Court.
Court of Civil Appeals
~ ~The Oklahoma Court of Civil Appeals was created by the Legislature in 1968 and was comprised of six Judges. In
1982, the Legislature added six new positions to the Court. Today comprised of twelve judges with terms of six years
each, they are elected on a non-partisan retention ballot from each of the six congressional districts. The Court is divided into
two sections --- one in Oklahoma City and one in Tulsa. The case load of the Court of Civil Appeals is comprised solely of civil
appeals assigned by the Supreme Court.
Judges of the Oklahoma Court of Civil Appeals in a November, 2004 photo: (Sitting L to R) Judge John
Reif, 2005 Chief Judge Kenneth Buettner, then-Chief Judge Tom Colbert (currently Justice of the
Oklahoma Supreme Court,) Judge Ronald Stubblefield, 2005 Vice-Chief Judge Keith Rapp, (standing L to
R) Judge Larry Joplin, Judge Joe Taylor, Judge Glenn Adams, Judge Carol Hansen, Judge Jerry
Goodman, and Judge E. Bay Mitchell.
Court of Criminal Appeals
The Oklahoma Court of Criminal Appeals is the highest court in the State of Oklahoma with appellate
jurisdiction in criminal cases. It is the state court of last resort in criminal matters. The Court derives its
origin and jurisdiction from the state constitution, which was formulated by the constitutional convention
and submitted to and adopted by the people of Oklahoma at the first election, held on September 17, 1907.
Photo by Travis Caperton, Legislative Services Bureau.
Court of Criminal Appeals Judges are (L to R) Judge Charles Johnson, Vice-Presiding Judge Gary Lumpkin,
Presiding Judge Charles Chapel and Judge Arlene Johnson.
i.L.J
V) & ,.0 (j0
"US. f:>-'?-\~
This publication. printed by the DCS-Central Printing Division, is issued and authorized by the Administrative Office of the Courts. One thous n£J-oiJn ed copies (1200) have been printed at a
cost of $1.60 per copy to the taxpayers ofthe State of Oklahoma. Copies have been deposited with the Publications Clearinghouse of the Oklahoma Department of Libraries.
MAR 3 0 2006