Oklahoma Supreme Court Decisions
Oklahoma is one of only two states that have divided the highest court into civil and criminal branches. The Oklahoma Supreme Court is the highest court in the state for civil matters, while the Oklahoma Court of Criminal Appeals holds exclusive appellate jurisdiction over criminal cases under the Oklahoma Constitution. The Oklahoma Supreme Court has the authority to decide which court should hear an appeal if there is any uncertainty. Nine justices serve on the Oklahoma Supreme Court, while five justices serve on the Oklahoma Court of Criminal Appeals. The state legislature can change the size of the Court of Criminal Appeals but cannot change the size of the Supreme Court, which is set by the Oklahoma Constitution.
Both courts use an assisted appointment process for selecting justices, who serve six-year terms. Under Article VII of the Oklahoma Constitution, a candidate for justice must submit their name to the Oklahoma Judicial Nominating Commission. The Commission will provide the names of three candidates to the Governor of Oklahoma. Once the Governor chooses a justice, they will serve until the next general election, when they must win a retention election. The Chief Justice of the Oklahoma Supreme Court will choose a candidate if the Governor does not make a decision within 60 days. The presiding judge of the Court of Criminal Appeals serves a two-year term and is selected by a vote of the other justices.
To be eligible to serve on the Supreme Court or the Court of Criminal Appeals, a candidate must be at least 30 years old and must have been a licensed practicing attorney or judge in Oklahoma for at least five years. They also must have been a registered voter in the judicial district that they represent for at least one year before pursuing this position. An active justice must maintain their certification as an attorney or judge throughout their tenure.
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Recent Decisions From the Oklahoma Supreme Court
Date: May 24, 2022
Citation: 2022 OK 50
Docket Number: 118532
Justia Opinion Summary: Plaintiffs filed an action challenging rules adopted by the Oklahoma Board of Tests for Alcohol and Drug Influence at one of its meetings. Those rules were subsequently used by the Oklahoma Department of Public Safety in...
Date: May 24, 2022
Citation: 2022 OK 47
Docket Number: 120274
Justia Opinion Summary: The Oklahoma Development Finance Authority petitioned the Oklahoma Supreme Court to approve the issuance of ratepayer-backed bonds pursuant to the February 2021 Regulated Utility Consumer Protection Act, 74 O.S.2021, ch....
Date: May 24, 2022
Citation: 2022 OK 48
Docket Number: 120275
Justia Opinion Summary: The Oklahoma Development Finance Authority petitioned the Oklahoma Supreme Court to approve the issuance of ratepayer-backed bonds pursuant to the February 2021 Regulated Utility Consumer Protection Act, 74 O.S.2021, ch....
Date: May 24, 2022
Citation: 2022 OK 49
Docket Number: 120276
Justia Opinion Summary: The Oklahoma Development Finance Authority petitioned the Oklahoma Supreme Court to approve the issuance of ratepayer-backed bonds pursuant to the February 2021 Regulated Utility Consumer Protection Act, 74 O.S.2021, ch....
Date: May 17, 2022
Citation: 2022 OK 46
Docket Number: 118984
Justia Opinion Summary: The mother of a child injured while visiting a cemetery when a headstone fell sued the Town of Granite, the operator of the cemetery, for negligence. The district court granted Town's motion for summary judgment, holding...
Date: May 3, 2022
Citation: 2022 OK 45
Docket Number: 119571
Justia Opinion Summary: Plaintiff-appellant John Coates brought an action for breach of contract and breach of the duty of good faith and fair dealing against defendant-appellee Progressive Direct Insurance Company. Plaintiff was injured after...
Date: May 3, 2022
Citation: 2022 OK 40
Docket Number: 120039
Justia Opinion Summary: The United States District Court for the Western District of Oklahoma certified two questions of law to the Oklahoma Supreme Court relating to the Oklahoma Consumer Protection Act, and whether it applied to conduct outsi...
Date: May 3, 2022
Citation: 2022 OK 41
Docket Number: 120106
Justia Opinion Summary: In February 2021, the State of Oklahoma endured record cold temperatures. The severe cold weather resulted in a shortage of the natural gas supply and in turn extraordinary natural gas costs for regulated utilities opera...
Date: May 2, 2022
Citation: 2022 OK 42
Date: May 2, 2022
Citation: 2022 OK 43
Date: May 2, 2022
Citation: 2022 OK 44
Date: April 19, 2022
Citation: 2022 OK 35
Docket Number: 119270
Justia Opinion Summary: On July 9, 2020, the United States Supreme Court handed down its decision in McGirt v. Oklahoma, 140 S. Ct. 2452 (2020), determining that Congress never disestablished the Creek Reservation in eastern Oklahoma and, there...
Date: April 19, 2022
Citation: 2022 OK 39
Docket Number: 119607
Justia Opinion Summary: Plaintiff-appellant, S. K. W. (W.) was convicted of five crimes relating to the manufacturing, trafficking, and possession of a controlled dangerous substance in Blaine and Canadian Counties, Oklahoma in 2001 and 2002. A...
Date: April 19, 2022
Citation: 2022 OK 37
Docket Numbers: 119927, Comp. w/119984
Justia Opinion Summary: Petitioner challenged the legal sufficiency of Oklahoma State Question No. 818, Initiative Petition No. 432. State Question 818, Petition No. 432 sought to create a new article to the Oklahoma Constitution, Article 31, w...
Date: April 19, 2022
Citation: 2022 OK 38
Docket Numbers: 119984, Comp. w/119927
Justia Opinion Summary: Petitioner challenged the legal sufficiency of Oklahoma State Question No. 818, Initiative Petition No. 432. State Question 818, Petition No. 432 sought to create a new article to the Oklahoma Constitution, Article 31, w...