Oklahoma Court of Criminal Appeals
Encyclopedia
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 Oklahoma Court of Criminal Appeals meets in the Oklahoma Capitol Building in Oklahoma City, Oklahoma
.
and neighboring Texas
.
The First Legislature (1907–1908), through House Bill 397, established the Criminal Court of Appeals and granted it the exclusive appellate jurisdiction in criminal cases. House Bill 397 provided that should the constitutionality of a criminal case be in question, the Criminal Court of Appeals would turn the issue over to the Oklahoma Supreme Court
. Judges of the Court would be appointed by the Governor of Oklahoma
, with the advice and consent of the Oklahoma Senate
. The Judges appointed were to hold office until January 1, 1911, when the Court would be terminated unless continued by the Legislature. Henry Marshall Furman
, Thomas H. Doyle, and H.G. Baker were appointed the first three Judges of the Court by Governor Charles Haskell.
The Second Legislature (1909–1910) enacted House Bill 33 which perpetuated the Criminal Court of Appeals. The act repealed all prior laws in conflict and gave the Court exclusive appellate jurisdiction. House Bill 33 provided that Judges would be elected by the people of Oklahoma instead of appointed, with the first election of Judges at the general election in 1910. The State was divided into three Criminal Court of Appeals Judicial Districts, designated respectively as the Eastern, Northern and Southern Criminal Court of Appeals Judicial Districts. The Twenty-seventh Legislature (1959–1960) enacted Senate Bill 36, which changed the name from Criminal Court of Appeals to Court of Criminal Appeals.
In a Special Election on July 11, 1967, constitutional amendments were adopted to provide a complete reorganization of the Oklahoma Court System
. Beginning in 1968, Judges of the Court of Criminal Appeals ran on a non-partisan statewide retention ballot at the General Election only. If retained by the voters, Judges serve a 6-year term. If rejected, the vacancy is filled by appointment of the Governor and Oklahoma Judicial Nominating Commission
.
, the Oklahoma Constitution
does not specify the size of the Court of Criminal Appeals. This grants the Oklahoma Legislature
the power to fix the number of Judges by statute
or judge
(or both) in Oklahoma for five years before their appointment. The potential Judges must maintain their certification as an attorney or judge during their tenure in office to main their position.
If a potential Judges meets these requirements, they must submit their name to the Oklahoma Judicial Nominating Commission
(JNC) to verify that they will serve if appointed. In the event of a vacancy on the Court of Criminal Appeals, after reviewing potential Justices, the JNC shall submit three named to the Governor
, out of whom, the Governor appoints one of the three to the Court of Criminal Appeals to serve until the next general state election. However, if the Governor fails to appoint a Justice within sixty days, the Chief Justice of Oklahoma may appoint one of the nominees, who must certify their appointment to Secretary of State of Oklahoma
.
Each time a Judges of the Court of Criminal Appeals is elected to retain their position in the general state elections, they will continue to serve for another six years in office with their term beginning on the second Monday in January following the general election. Justices appointed to fill vacancies take up office immediately and continue to serve in their appointed post until the next general election. In order to be eligible to stand for reelection, each Judge must, within sixty days before the general election, submit their desire to stand for reelection to the Secretary of State.
The Judge is then put to election by the people of Oklahoma. If the majority votes to maintain the Judge, the Judge will serve for another six-year term. However, if the Judge declines reelection or a majority of the voters vote the Judge down, the seat on the Court of Criminal Appeals shall be considered vacant at the end of the current term and the Judicial Nominating Committee must search for a potential replacement. Any Judge that has failed to file for reelection or was not retained by the people of Oklahoma in the general election is not eligible to immediately succeed themselves.
Retention in office may be sought for successive terms without limit as to number of years or terms served in office. Since 1907, every single Judge that has sought reelection has won.
, which is considered the first among equals
of the two, determines all issues of a civil
nature, and the Oklahoma Court of Criminal Appeals decides all criminal matters. Regardless of where the appeal comes from, the Court of Criminal Appeals is always the first court to hear an appeal involving the death sentence in Oklahoma.
Whenever there is dispute involving whether a case falls under the jurisdiction of the Oklahoma Supreme Court or Court of Criminal Appeals, the case is heard before the Oklahoma Supreme Court.
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of Oklahoma
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...
and is part of 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....
, the judicial branch of the Oklahoma state government
Government of Oklahoma
The government of the US State of Oklahoma, established by the Oklahoma Constitution, is a republican democracy modeled after the Federal government of the United States. The state government has three branches: the executive, legislative, and judicial...
.
The Oklahoma Court of Criminal Appeals meets in the Oklahoma Capitol Building in Oklahoma City, Oklahoma
Oklahoma City, Oklahoma
Oklahoma City is the capital and the largest city in the state of Oklahoma. The county seat of Oklahoma County, the city ranks 31st among United States cities in population. The city's population, from the 2010 census, was 579,999, with a metro-area population of 1,252,987 . In 2010, the Oklahoma...
.
History
The bifurcated system of separate final appeal courts for civil and criminal cases exists only in OklahomaOklahoma
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...
and neighboring Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
.
The First Legislature (1907–1908), through House Bill 397, established the Criminal Court of Appeals and granted it the exclusive appellate jurisdiction in criminal cases. House Bill 397 provided that should the constitutionality of a criminal case be in question, the Criminal Court of Appeals would turn the issue over to 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....
. Judges of the Court would be appointed by the Governor of Oklahoma
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...
, with the advice and consent of the Oklahoma Senate
Oklahoma Senate
The Oklahoma Senate is the upper house of the two houses of the Legislature of Oklahoma, the other being the Oklahoma House of Representatives. The total number of Senators is set at 48 by the Oklahoma Constitution....
. The Judges appointed were to hold office until January 1, 1911, when the Court would be terminated unless continued by the Legislature. Henry Marshall Furman
Henry Marshall Furman
Henry Marshall Furman was the first Presiding Judge of the Oklahoma Criminal Court of Appeals, now the Oklahoma Court of Criminal Appeals, and served as Presiding Judge from 1909 to 1916. He died after a lengthy illness, from Bright's Disease, on April 10, 1916.-Early life:Born June 20, 1850, in...
, Thomas H. Doyle, and H.G. Baker were appointed the first three Judges of the Court by Governor Charles Haskell.
The Second Legislature (1909–1910) enacted House Bill 33 which perpetuated the Criminal Court of Appeals. The act repealed all prior laws in conflict and gave the Court exclusive appellate jurisdiction. House Bill 33 provided that Judges would be elected by the people of Oklahoma instead of appointed, with the first election of Judges at the general election in 1910. The State was divided into three Criminal Court of Appeals Judicial Districts, designated respectively as the Eastern, Northern and Southern Criminal Court of Appeals Judicial Districts. The Twenty-seventh Legislature (1959–1960) enacted Senate Bill 36, which changed the name from Criminal Court of Appeals to Court of Criminal Appeals.
In a Special Election on July 11, 1967, constitutional amendments were adopted to provide a complete reorganization of 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....
. Beginning in 1968, Judges of the Court of Criminal Appeals ran on a non-partisan statewide retention ballot at the General Election only. If retained by the voters, Judges serve a 6-year term. If rejected, the vacancy is filled by appointment of the Governor and Oklahoma Judicial Nominating Commission
Oklahoma Judicial Nominating Commission
The Oklahoma Judicial Nominating Commission is the judicial nominating commission of the U.S. state of Oklahoma. It selects potential justices and judges for gubernatorial appointments for judges for state appellate courts.-History:...
.
Composition
Unlike the Oklahoma Supreme CourtOklahoma 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....
, 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...
does not specify the size of the Court of Criminal Appeals. This grants 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...
the power to fix the number of Judges by statute
Qualification, nomination, appointment and tenure of Judges
Each Judges, at the time of their election or appointment, must be at least thirty years old, must be a registered voter in the Court of Criminal Appeals Judicial district they represent for at least one year before filing for the position, and must be a licensed practicing attorneyLawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
or judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
(or both) in Oklahoma for five years before their appointment. The potential Judges must maintain their certification as an attorney or judge during their tenure in office to main their position.
If a potential Judges meets these requirements, they must submit their name to the Oklahoma Judicial Nominating Commission
Oklahoma Judicial Nominating Commission
The Oklahoma Judicial Nominating Commission is the judicial nominating commission of the U.S. state of Oklahoma. It selects potential justices and judges for gubernatorial appointments for judges for state appellate courts.-History:...
(JNC) to verify that they will serve if appointed. In the event of a vacancy on the Court of Criminal Appeals, after reviewing potential Justices, the JNC shall submit three named to the 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...
, out of whom, the Governor appoints one of the three to the Court of Criminal Appeals to serve until the next general state election. However, if the Governor fails to appoint a Justice within sixty days, the Chief Justice of Oklahoma may appoint one of the nominees, who must certify their appointment to Secretary of State of Oklahoma
Secretary of State of Oklahoma
The Secretary of State of the State of Oklahoma is the chief clerical officer of Oklahoma and a member of the Oklahoma Governor's Cabinet. The Secretary of State is only appointed constitutional member of the executive branch of the Oklahoma state government...
.
Each time a Judges of the Court of Criminal Appeals is elected to retain their position in the general state elections, they will continue to serve for another six years in office with their term beginning on the second Monday in January following the general election. Justices appointed to fill vacancies take up office immediately and continue to serve in their appointed post until the next general election. In order to be eligible to stand for reelection, each Judge must, within sixty days before the general election, submit their desire to stand for reelection to the Secretary of State.
The Judge is then put to election by the people of Oklahoma. If the majority votes to maintain the Judge, the Judge will serve for another six-year term. However, if the Judge declines reelection or a majority of the voters vote the Judge down, the seat on the Court of Criminal Appeals shall be considered vacant at the end of the current term and the Judicial Nominating Committee must search for a potential replacement. Any Judge that has failed to file for reelection or was not retained by the people of Oklahoma in the general election is not eligible to immediately succeed themselves.
Retention in office may be sought for successive terms without limit as to number of years or terms served in office. Since 1907, every single Judge that has sought reelection has won.
Jurisdiction and powers
Unlike most states, Oklahoma has two courts of last resort. The Oklahoma Supreme CourtOklahoma 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....
, which is considered the first among equals
First Among Equals
First Among Equals is a 1984 novel by British author Jeffrey Archer, which follows the careers and personal lives of four fictional British politicians from 1964 to 1991, with each vying to become Prime...
of the two, determines all issues of a civil
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
nature, and the Oklahoma Court of Criminal Appeals decides all criminal matters. Regardless of where the appeal comes from, the Court of Criminal Appeals is always the first court to hear an appeal involving the death sentence in Oklahoma.
Whenever there is dispute involving whether a case falls under the jurisdiction of the Oklahoma Supreme Court or Court of Criminal Appeals, the case is heard before the Oklahoma Supreme Court.
Current Membership
| Judge | District | Appointed | Governor | Law School | Hometown |
|---|---|---|---|---|---|
| Charles Johnson (Presiding) | 2nd | 1989 | Henry Bellmon Henry Bellmon Henry Louis "Harry" Bellmon was an American Republican politician from Oklahoma. He was a member of the Oklahoma Legislature, the 18th and 23rd Governor of Oklahoma , and a two-term United States Senator.-Service in World War II:Bellmon was born in Tonkawa, Oklahoma and graduated from Billings... |
University of Oklahoma University of Oklahoma The University of Oklahoma is a coeducational public research university located in Norman, Oklahoma. Founded in 1890, it existed in Oklahoma Territory near Indian Territory for 17 years before the two became the state of Oklahoma. the university had 29,931 students enrolled, most located at its... |
Ponca City, OK Ponca City, Oklahoma Ponca City is a small city in Kay and Osage counties in the U.S. state of Oklahoma, which was named after the Ponca Tribe. Located in north central Oklahoma, it lies approximately south of the Kansas border, and approximately east of Interstate 35. 25,919 people called Ponca City home at the... |
| Arlene Johnson (Vice) | 4th | 2005 | 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... |
University of Oklahoma University of Oklahoma The University of Oklahoma is a coeducational public research university located in Norman, Oklahoma. Founded in 1890, it existed in Oklahoma Territory near Indian Territory for 17 years before the two became the state of Oklahoma. the university had 29,931 students enrolled, most located at its... |
Oklahoma City, OK Oklahoma city Oklahoma City is the capital and largest city of the U.S. state of Oklahoma.Oklahoma City may also refer to:*Oklahoma City metropolitan area*Downtown Oklahoma City*Uptown Oklahoma City*Oklahoma City bombing*Oklahoma City National Memorial... |
| Gary Lumpkin | 3rd | 1988 | Henry Bellmon Henry Bellmon Henry Louis "Harry" Bellmon was an American Republican politician from Oklahoma. He was a member of the Oklahoma Legislature, the 18th and 23rd Governor of Oklahoma , and a two-term United States Senator.-Service in World War II:Bellmon was born in Tonkawa, Oklahoma and graduated from Billings... |
University of Virginia University of Virginia The University of Virginia is a public research university located in Charlottesville, Virginia, United States, founded by Thomas Jefferson... |
Sentinel, OK Sentinel, Oklahoma Sentinel is a town in Washita County, Oklahoma, United States. The population was 901 at the 2010 census.-Geography:Sentinel is located at .According to the United States Census Bureau, the town has a total area of , all of it land.... |
| Clancy Smith | 1st | 2010 | 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... |
University of Tulsa University of Tulsa The University of Tulsa is a private university awarding bachelor's, master's, and doctoral degrees located in Tulsa, Oklahoma, USA. It is currently ranked 75th among doctoral degree granting universities in the nation by US News and World Report and is listed as one of the "Best 366 Colleges" by... |
Tulsa, OK |
| David Lewis | 5th | 2005 | 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... |
University of Oklahoma University of Oklahoma The University of Oklahoma is a coeducational public research university located in Norman, Oklahoma. Founded in 1890, it existed in Oklahoma Territory near Indian Territory for 17 years before the two became the state of Oklahoma. the university had 29,931 students enrolled, most located at its... |
Ardmore, OK Ardmore, Oklahoma Ardmore is a business, cultural and tourism city in and the county seat of Carter County, Oklahoma, United States. As of the 2010 Census, the city had a population of 24,283, while a 2007 estimate has the Ardmore micropolitan statistical area totaling 56,694 residents... |