Monnet v. Freeman

Monnet v. Freeman
1991 OK 90
821 P.2d 1061
62 OBJ 3415
Case Number: 78274
Decided: 09/19/1991
Modified: 12/19/1991
Supreme Court of Oklahoma

THE HONORABLE MELINDA MONNET, DISTRICT JUDGE, SEVENTH JUDICIAL DISTRICT, STATE OF OKLAHOMA, PETITIONER,
v.
THE HONORABLE LEAMON FREEMAN, PRESIDING JUDGE, SEVENTH JUDICIAL DISTRICT, STATE OF OKLAHOMA, RESPONDENT.

ORDER DENYING RELIEF

¶1 The court treats the paperwork on file both as an application to invoke its original jurisdiction under Art. 7, § 4 , Okl. Const., and as the petitioner's quest for this court's administrative review - in the exercise of powers conferred upon it by Art. 7, § 6 , Okl. Const. - of petitioner's assignment by the respondent to the probate division of the District Court, Oklahoma County.

¶2 On consideration of the paperwork laid before it, the court denies the relief sought. Art. 7, § 10 (b), Okl. Const.; 20 O.S. 1981 § 23 , subdiv. (2); Rule 2, Rules on Administration of Courts, 20 O.S. 1981, Ch. 1, App. 2; Graham v. Cannon, Okl., 574 P.2d 305, 309 [1978].

¶3 OPALA, C.J., HODGES, V.C.J., and SIMMS, HARGRAVE and ALMA WILSON, JJ., concur.

¶4 KAUGER and SUMMERS, JJ., concur in result.

¶5 LAVENDER and DOOLIN, JJ., dissent.

SUMMERS, Justice with whom KAUGER, Justice joins, concurring in result.

I would assume original jurisdiction and deny Petitioner the relief sought based upon the authorities as cited by the majority in its Order. That having been done I would view as unnecessary any action of an administrative nature.