Oklahoma Court of Criminal Appeals

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Oklahoma

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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 court consists of a Presiding Judge, a Vice-Presiding Judge, and three Associate Judges of the Oklahoma Court of Criminal Appeals, who are nominated by the Oklahoma Judicial Nominating Commission and are appointed by the Governor. After appointment by the Governor, the Judges serve for a term of six years. After their first term, Judges must file for direct election from the people of Oklahoma to retain their position.

Unlike most states, Oklahoma has two courts of last resort. The Oklahoma Supreme Court, 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.

The Oklahoma Court of Criminal Appeals meets in the Oklahoma Capitol Building in Oklahoma City, Oklahoma.

[edit] History

The bifurcated system of separate final appeal courts for civil and criminal cases exists only in 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.

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 The act repealed all prior laws in conflict and gave the Court exclusive appellate jurisdiction.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.

[edit] Composition

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

[edit] 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 attorney 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 in order 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 fill 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.

[edit] Current Membership

The current Judges of the Oklahoma Court of Criminal Appeals, in order of seniority, are:

[edit] See also

• State Supreme Court

[edit] External links

• Oklahoma Supreme Court Website