by Gus Blackwell, Rep.-61
Speaker Pro-Tempore
Yesterday was Election Day so the votes have already been counted. On the ballot, there were three Supreme Court justices, two Court of Criminal Appeal judges and four Court of Civil Appeal judges for Oklahomans to elect whether or not they should retain their positions.
The Oklahoma judicial system can be confusing, so I want to try to explain this system for you. It is my hope this will be in a manner you will better understand how our judicial system works in our state.
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
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.
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. In recent years, the backlog of the Court of Criminal Appeals has been virtually extinguished, guaranteeing that both the State and individual litigants have a speedy resolution of appellate issues relating to crimes committed in Oklahoma. 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.
Over the last ten years, the Oklahoma Supreme Court has reduced its backlog of cases from 3,331 in 1998 to 1,476 in January of this year. In 1997, the Supreme Court disposed of 2,142 cases – 232 more cases than were filed. Every case filed has been assigned to a Supreme Court Justice or to a Judge of the Court of Civil Appeals. During 1999, it is expected that cases decided within six months of the date of assignment and within nine months after assignment in the Supreme Court.
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.
The Court of Civil Appeals is responsible for the majority of appellate decisions. These 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. 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.
The Oklahoma Workers’ Compensation Court applies the law as set out in the Oklahoma Workers’ Compensation Act. Its responsibility is to provide fair and timely procedures for the resolution of disputes and identification of issues involving on-the-job injuries. To this end we dedicate ourselves to carry out this responsibility and to serve the public promptly, courteously and impartially.
Federal Supreme Court justices are appointed by the president for life-long terms so we are not able to vote them in or vote to retain them.
I am at the Capitol during part of the week for meetings and interim studies. You can reach me there at 405-557-7384 or contact me at my home in Goodwell or by email at gusblackwell@okhouse.gov
