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 .
46-402: OCCA can refer to: Oklahoma Court of Criminal Appeals Organized Crime Control Act Orthodox Catholic Church of America Topics referred to by the same term [REDACTED] This disambiguation page lists articles associated with the title OCCA . If an internal link led you here, you may wish to change the link to point directly to
92-552: A state commission and appointed by the governor. Members of the court are required to be nonpartisan and are prohibited from a number of political activities including making or soliciting campaign contributions. The Oklahoma Supreme Court was created by the ratification of the Oklahoma Constitution in 1907. After construction on the Oklahoma State Capitol , which was completed in 1917,
138-579: A Justice within sixty days, the Chief Justice of Oklahoma may appoint one of the nominees, who must certify his or her appointment to Secretary of State of Oklahoma . Judges of the Court of Criminal Appeals who are elected to retain their positions in the general state elections will continue to serve for another six years in office with their terms beginning on the second Monday in January following
184-553: A handful of Republican lawmakers for impeachment of the justices who said the monument must be removed. Since the original monument was erected in 2012, several other groups have asked to put up their own monuments on the Capitol grounds. Among them is a group that wants to erect a 7-foot-tall statue that depicts Satan as Baphomet, a goat-headed figure with horns, wings and a long beard. A Hindu leader in Nevada, an animal rights group, and
230-466: A term beginning on the second Monday in January following the general election. Justices appointed to fill vacancies take office immediately and continue to serve in their appointed posts until the next general election. To be eligible to stand for reelection, justices must, within sixty days before the general election, submit their desire to stand for reelection to the Secretary of State. The justice
276-479: Is a court of appeal for non-criminal cases, one of the two highest judicial bodies in the U.S. state of Oklahoma , and leads the judiciary of Oklahoma , the judicial branch of the government of Oklahoma . The Oklahoma Supreme Court meets in the Oklahoma Judicial Center , having previously met in the Oklahoma State Capitol until 2011. The court consists of nine justices nominated by
322-554: Is active opposition to their retention in office. Even if justices or judges are actively campaigning for retention, they can not personally raise funds for their campaign. The Justices of the Oklahoma Supreme Court are: This graphical timeline depicts the length of each current Supreme Court justice's tenure (but not seniority) on the Court: The Chief Justice of the Oklahoma Supreme Court
368-533: 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
414-529: Is one of two states to have two courts of last resort; the Oklahoma Supreme Court decides only civil cases, and the Oklahoma Court of Criminal Appeals decides criminal cases. The Oklahoma Supreme Court has only immediate jurisdiction with respect to new first-impression issues, important legal issues, and cases of great public interest. In addition to appeals from the trial courts, the Oklahoma Supreme Court has jurisdiction over all lower courts, excluding
460-602: Is the highest ranking judicial officer in the State and is tasked with administering the state judiciary. Unlike the Supreme Court of the United States where one justice is specifically appointed to be chief, the office of Chief Justice rotates among the justices. The justice elect from among their members a chief justice and a vice chief justice to serve a two-year term. There are no term limits or age restrictions on
506-745: Is the time since 2011 during which the Oklahoma Supreme Court has been led by Senior Justice Yvonne Kauger , who was appointed by Governor George Nigh in 1984. Justice Kauger assumed the role of Senior Justice upon the retirement of Justice Rudolph Hargrave . Note : The blue vertical line denotes "now" (November 2024). Bar key : George Nigh appointee David Walters appointee Frank Keating appointee Brad Henry appointee Mary Fallin appointee Kevin Stitt appointee In Prescott v. Oklahoma Capitol Preservation Commission , Oklahoma citizens challenged
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#1732794081684552-616: Is then put to election by the people of Oklahoma. If the majority votes to maintain the justice, the justice will serve for another six-year term. However, if the justice declines reelection or the voters vote the justice down, the seat on the Supreme Court shall be considered vacant at the end of the current term and the Judicial Nominating Commission must search for a potential replacement. Justices who have failed to file for reelection or were not retained by
598-672: The Governor of Oklahoma upon nomination by the Oklahoma Judicial Nominating Commission . Judges serve until the next general election following their appointment at which they are retained or rejected. If retained, they serve for an additional six-years until the next retention election. Note : The blue vertical line denotes "now" (November 2024). Bar key : Democratic appointee Republican appointee Oklahoma Supreme Court The Supreme Court of Oklahoma
644-546: The Oklahoma Court on the Judiciary , and the Oklahoma Senate , when that body is sitting as a Court of Impeachment. Judgments of the Oklahoma Supreme Court with respect to the Oklahoma Constitution are considered final. The court's authority includes the power to temporarily reassign judges. The Oklahoma Supreme Court also maintains the power to appoint an administrative director and staff. The director serves at
690-475: The Oklahoma Judicial Nominating Commission 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 commission must 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
736-426: The Oklahoma Judicial Nominating Commission . Justices serve until the next general election following their appointment at which they are retained or rejected. If retained, they serve for an additional six-years until the next retention election. Note 1 : The blue vertical line denotes November 2024. Note 2 : Justices Lavender and Hodges were both appointed by Republican Governor Henry Bellmon in 1965 prior to
782-611: The Oklahoma State Capitol . The First Legislature of Oklahoma (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
828-407: The governor . After appointment, the justices serve until the next general state election. At that time, they must face a retention election . If retained, they begin a six-year term. After their first term, justices must file for direct election by the people of Oklahoma to retain their position. The Oklahoma Constitution specifies the size of the Oklahoma Supreme Court; however, it also grants
874-531: The state legislature the power to change the number of justices by statute. According to Article VII, section 2, of the Oklahoma Constitution, the court shall consist of nine justices, one justice from each of the nine judicial districts of the state. Each justice, at the time of election or appointment, must be at least thirty years old, a registered voter in the Supreme Court judicial district they represent for at least one year before filing for
920-485: 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 six-year term. If rejected, the vacancy is filled by appointment of the Governor and Oklahoma Judicial Nominating Commission . After the construction on the Oklahoma State Capitol , which was completed in 1917, the high court offices and chambers were housed in
966-400: 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
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#17327940816841012-540: 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
1058-607: The Oklahoma Supreme Court offices and chamber were housed in the building. Plans to move the offices began in 2006. In 2011, the Oklahoma Supreme Court moved its offices from the Oklahoma State Capitol to the Oklahoma Judicial Center . The Oklahoma Supreme Court consists of a chief justice, a vice-chief justice, and seven associate justices, who are nominated by the Oklahoma Judicial Nominating Commission and are appointed by
1104-446: The Oklahoma Supreme Court or Court of Criminal Appeals, the Supreme Court determines which of the two bodies has jurisdiction. Its decision on the matter is final. The Judges of the Oklahoma Court of Criminal Appeals are: Beginning in 1968 with an amendment to the Oklahoma Constitution approved in 1967, seats on the Court of Criminal Appeals ceased being filled by partisan election and instead were filled by non-partisan appointment by
1150-406: The adoption of the new appointment method. Justice Lavender was a registered Republican while Justice Hodges was a registered Democrat. Note 3 : Justices Berry, Irwin, Williams, McInerney, Blackbird, Davison, and Jackson were elected as Democrats prior to the adoption of the new appointment method. Bar key : Democrat appointee Republican appointee The Kauger Court
1196-554: The building. Plans to move the offices began in 2006. In 2011, the Oklahoma Supreme Court moved its offices from the Oklahoma State Capitol to the Oklahoma Judicial Center. Unlike the Oklahoma Supreme Court , 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. Judges, at
1242-540: The chief justice is considered the most senior member of the court followed by the vice-chief justice, regardless of the length of their service. The other justices are then ranked by the length of their service. During the sessions of the Court, the justices sit according to seniority, with the Chief Justice in the center, the Vice-Chief Justice to chief's immediate right, and the most senior Justice to
1288-399: The chief's immediate left. The remaining justices alternate sides, with the most junior justice being to the chief's furthest left. As of July 26, 2021, with the retirement of Justice Tom Colbert, from the perspective of the audience, the justices sit as follows: The court has nine seats for active justices, numbered in the order in which they were filled. Justices who retire have no role in
1334-438: The conduct of attorneys, and it administers discipline in appropriate cases. Many of the justices make personal appearances to speak to members of the bar, civic clubs, and educational groups. These appearances are made to help citizens understand the court's workings and decision-making process. Justices are also called upon to administer official oaths of office to public officials. Judicial officers are charged with maintaining
1380-411: The court can issue the writ of habeas corpus to individuals held in custody if petitioned. Writs can be made to appear before any judge in the state. Aside from hearing cases, the court is also responsible for administering the state's entire judicial system, establishing rules of operation for the state's other courts. The Oklahoma Supreme Court formulates the rules for the practice of law, which govern
1426-487: 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 state 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 of Oklahoma (1909–1910) enacted House Bill 33 which perpetuated
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1472-512: The court, after reviewing potential justices, the commission must submit three names to the governor , of whom the governor appoints one to the Supreme Court to serve until the next general state election. If the governor fails to appoint a justice within sixty days, the chief justice may appoint one of the nominees, who must certify their appointment to the Oklahoma Secretary of State . Elected justices serve six years in office with
1518-408: The general election. Justices appointed to fill vacancies take up office immediately and continue to serve in their appointed posts until the next general election. In order to be eligible to stand for reelection, Judges must, within sixty days before the general election, submit to the Secretary of State their desire to stand for reelection. Judges who stand for reelection are then put to election by
1564-489: The institutional memory of the Court. There are currently six living retired justices of the Oklahoma Supreme Court: Daniel J. Boudreau , Steven W. Taylor , Joseph M. Watt , Patrick Wyrick , John Reif , and Tom Colbert . As retired justices, they no longer participate in the work of the Supreme Court. Many of the internal operations of the Court are organized by seniority of justices, with
1610-404: The integrity and independence of the judiciary. Justices are required to be nonpartisan and are prohibited from using their office or powers to promote or assist any private interest. Justices may not hold offices in political parties, make speeches for candidates, or contribute to campaigns for political office. Justices are also forbidden from campaigning for their own re-election unless there
1656-438: The intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=OCCA&oldid=1092030750 " Category : Disambiguation pages Hidden categories: Short description is different from Wikidata All article disambiguation pages All disambiguation pages Oklahoma Court of Criminal Appeals As of 2011, the court meets in the Oklahoma Judicial Center , having previously met in
1702-411: The operations of court except as authorized by the court itself. That seat is filled by the next justices appointed by the governor. Beginning in 1968 with an amendment to the Oklahoma Constitution approved in 1967, seats on the Supreme Court ceased being filled by partisan election and instead were filled by non-partisan appointment by the Governor of Oklahoma upon nomination by
1748-405: The people in the general election are 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. Section 4 of Article VII of the Oklahoma Constitution outlines the jurisdiction of the Supreme Court of Oklahoma. The appellate jurisdiction of the Supreme Court is co-extensive with that of
1794-581: The people of Oklahoma in the general election are 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 judge that has sought reelection has won. The bifurcated system of separate final appeal courts for civil and criminal cases exists only in Oklahoma and neighboring Texas , meaning that, unlike most states, Oklahoma has two courts of last resort. The Oklahoma Supreme Court , which
1840-508: The people of Oklahoma. If the majority vote to retain the judges, they will serve for another six-year term. However, when a judge declines to seek reelection or is defeated, 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. Judges who have failed to file for reelection or were not retained by
1886-506: The placement of a Ten Commandments Monument on the grounds of the Oklahoma State Capitol under Article 2, Section 5 of the Oklahoma Constitution. The Court ruled, "We hold that the Ten Commandments Monument violates Article 2, Section 5 of the Oklahoma Constitution, is enjoined, and shall be removed". The 7–2 ruling overturns a decision by a district court judge who determined the monument could stay. It prompted calls by
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1932-437: The pleasure of the court to assist the chief justice in his administrative duties and to assist the Oklahoma Court on the Judiciary when it calls upon the office's administrative powers. The court has the power to issue, hear and determine writs of habeas corpus , mandamus , quo warranto , certiorari , prohibition and other remedial writs provided in statute and can be given further authority through statute. A justice of
1978-410: The position and a licensed practicing attorney or judge (or both) in Oklahoma for five years before appointment. The potential justice must maintain certification as an attorney or judge while in office in order to remain in their position. Qualified nominees must submit their names to the Oklahoma Judicial Nominating Commission to verify that they will serve if appointed. In the event of a vacancy on
2024-556: The position. The Senior Justice of the Oklahoma Supreme Court is the current serving justice with the longest tenure on the Court. As most of the day-to-day activities of the Court are based upon seniority of the justices, the position is the third highest ranking on the Court, behind the Chief Justice and the Vice Chief Justice. As the role of Chief Justice rotates among the justices, the Senior Justice represents
2070-439: The state's borders. The court's jurisdiction applies to all cases "at law and in equity," except criminal cases, in which the Oklahoma Court of Criminal Appeals has exclusive appellate jurisdiction. If there is a conflict in determining which court has jurisdiction, the Oklahoma Supreme Court is granted the power to determine which court has jurisdiction, with no appeal from the court's determination. Along with Texas , Oklahoma
2116-556: The time of their elections or appointments, must be at least thirty years old, must be registered voters in the Court of Criminal Appeals judicial districts they represent for at least one year before filing for the position, and must be licensed practicing attorneys or judges (or both) in Oklahoma for five years before their appointments. The potential judges must maintain their certifications as attorneys or judges during their tenures in office to main their positions. Potential Judges who meet these requirements must submit their names to
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