OKLAHOMA CONSTITUTION
ARTICLE VII
JUDICIAL DEPARTMENT
Art. VII §1 | COURTS IN WHICH JUDICIAL POWER VESTED
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NOTE:
A prior Section 1 of Article VII was repealed by State Question No. 448, Legislative Referendum No. 164, adopted at election held on July 11, 1967. Repeal proposed by Laws 1967, p. 698, H.J.R. No. 508.NOTE:
Pursuant to 2010 H.J.R. No. 1056, State Question 755 proposed an amendment to this section. State Question 755 was submitted to and approved by the people at the November 2, 2010 general election. On November 29, 2010, an injunction was issued, and election results for State Question 755 were not certified. See Awad v. Ziriax, 754 F.Supp.2d 1298, affirmed 670 F.3d 1111. On August 15, 2013, a permanent injunction was issued enjoining state officials from certifying the election results. See Awad v. Ziriax, 966 F.Supp.2d 1198.Art. VII §2 | SUPREME COURT JUSTICES - NUMBER - TERMS - VACANCIES - QUALIFICATIONS - CHIEF JUSTICE - VICE CHIEF JUSTICE
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A prior Section 2 of Article VII was repealed by State Question No. 448, Legislative Referendum No. 164, adopted at election held on July 11, 1967. Repeal proposed by Laws 1967, p. 698, H.J.R. No. 508.Art. VII §3 | ELECTION OF JUSTICES AND JUDGES - VACANCIES
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A prior Section 3 of Article VII was repealed by State Question No. 448, Legislative Referendum No. 164, adopted at election held on July 11, 1967. Repeal proposed by Laws 1967, p. 698, H.J.R. No. 508.Art. VII §4 | JURISDICTION OF SUPREME COURT - WRITS
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A prior Section 4 of Article VII was repealed by State Question No. 448, Legislative Referendum No. 164, adopted at election held on July 11, 1967. Repeal proposed by Laws 1967, p. 698, H.J.R. No. 508.Art. VII §5 | SESSIONS - QUORUM - INTERMEDIATE APPELLATE COURTS - FORM OF DECISIONS - CLERK OF SUPREME COURT
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A prior Section 5 of Article VII was repealed by State Question No. 448, Legislative Referendum No. 164, adopted at election held on July 11, 1967. Repeal proposed by Laws 1967, p. 698, H.J.R. No. 508.Art. VII §6 | ADMINISTRATIVE AUTHORITY - DIRECTOR AND STAFF
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A prior Section 6 of Article VII was repealed by State Question No. 448, Legislative Referendum No. 164, adopted at election held on July 11, 1967. Repeal proposed by Laws 1967, p. 698, H.J.R. No. 508.Art. VII §7 | DISTRICT COURTS - JURISDICTION - COURTS ABOLISHED - TRANSFER OF JURISDICTION, FILES ETC
(b) All Courts in the State of Oklahoma, except those specifically provided for in this Article, are hereby abolished at midnight on the day preceding the effective date of this Article and their jurisdiction, functions, powers and duties are transferred to the respective District Courts, and, until otherwise provided by statute, all non-judicial functions vested in such courts are transferred to the District Courts and Judges thereof. No person shall file a declaration of candidacy for any such court abolished herein on or after July 1, 1968.
(c) Each court into which jurisdiction of other courts is transferred shall succeed to and assume jurisdiction of all causes, matters and proceedings then pending, with full power and authority to dispose of them and to carry into execution or otherwise to give effect to all orders, judgments and decrees theretofore entered by the predecessor courts.
(d) The files, books, papers, records, documents, monies, securities and other property in the possession, custody, or control of the court hereby abolished, or in the possession, custody or control of any officer thereof, are transferred to the District Court; and thereafter all proceedings in all court shall be matters of record.
(e) In the event a transfer or transition has not been provided for by law, the Supreme Court shall by rule provide for the orderly transfer or transition.
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NOTE:
A prior Section 7 of Article VII was repealed by State Question No. 448, Legislative Referendum No. 164, adopted at election held on July 11, 1967. Repeal proposed by Laws 1967, p. 698, H.J.R. No. 508.Art. VII §8 | CLASSES OF DISTRICT COURT JUDGES - SELECTION - TERMS - JURISDICTION - QUALIFICATIONS
(b) Superior Court Judges shall become District Court Judges on the effective date of this Article.
(c) Common Pleas, County, Children's and Juvenile Court Judges shall become Associate District Judges in the following manner: Those Judges whose terms expire after the effective date of this Article shall become Associate District Judges on the effective date of this Article. Those Judges whose terms expire on or before the effective date of this Article, shall be subject to selection, in a manner provided by law, as Associate District Judges for a term expiring the day preceding the second Monday in January, 1971, and the selectees shall become Associate District Judges on the effective date of this Article.
(d) There shall be at least one Associate District Judge for each County in the State. The number of District Judges, including Superior Court Judges who become District Judges, and Associate District Judges shall continue at the number held over under this Article until changed by statute. The District Judges and Associate District Judges shall exercise all jurisdiction in the District Court except as otherwise provided by law. The District Courts, or any Judges thereof, shall have the power to issue any writs, remedial or otherwise necessary or proper to carry into effect their orders, judgments, or decrees.
(e) The appointment of any Judge to any Court abolished by this Article made after its adoption shall be for a period ending on the day preceding the effective day of this Article.
(f) The terms of District Judges and Associate District Judges shall be for four years commencing on the second Monday of January in 1971 and vacancies shall be filled in the manner provided by law.
(g) Each District Judge shall have had prior to election or appointment, a minimum of four years' experience as a licensed practicing attorney, or as a judge of a court of record, or both, within the State of Oklahoma; shall be a qualified elector of the respective district; and shall have such additional qualifications as may be prescribed by statute. Each Associate District Judge shall be an attorney licensed to practice in the State of Oklahoma and an elector in the County at the time of filing; and they shall have such additional qualifications as prescribed by statute. Both District Judges and Associate District Judges shall continue to be licensed attorneys while in office.
(h) The District Judges in each judicial administrative district shall appoint special judges to serve at their pleasure. The District Judges may appoint a nonlawyer as a special judge if no qualified licensed attorney is available. The jurisdiction of Special Judges shall be limited as may be prescribed by statute. The formula used for the number of special judges to be allowed to each judicial administrative district shall be set by the Legislature. All judges of special sessions courts shall become Special Judges for the remainder of their terms.
(i) District Judges, Associate District Judges and Special Judges may hold court anywhere in this State authorized by rule of the Supreme Court.
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NOTE:
A prior Section 8 of Article VII was repealed by State Question No. 448, Legislative Referendum No. 164, adopted at election held on July 11, 1967. Repeal proposed by Laws 1967, p. 698, H.J.R. No. 508.Art. VII §9 | ELECTION OF DISTRICT JUDGES AND ASSOCIATE DISTRICT JUDGES
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A prior Section 9 of Article VII was repealed by State Question No. 448, Legislative Referendum No. 164, adopted at election held on July 11, 1967. Repeal proposed by Laws 1967, p. 698, H.J.R. No. 508.Art. VII §10 | JUDICIAL ADMINISTRATIVE DISTRICTS
(b) The District Judges and Associate District Judges in each Judicial Administrative District shall select one of the District Judges to serve at their pleasure as Presiding Judge of such Judicial Administrative District. Subject to the authority of the Supreme Court, the Presiding Judge shall have general administrative authority over the Judicial Administrative District, including authority to provide for divisions, general or specialized, and for appropriate times and places of holding court subject to law.
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A prior Section 10 of Article VII was repealed by State Question No. 448, Legislative Referendum No. 164, adopted at election held on July 11, 1967. Repeal proposed by Laws 1967, p. 698, H.J.R. No. 508.Art. VII §11 | SALARIES AND EXPENSES - RETIREMENT
(b) No Justices or Judges, except those of Municipal Courts, shall engage in the practice of law nor hold any other office or position of profit under the United States or this State or any municipal corporation or political subdivision of this State, nor shall hold office in any political party. Provided that the Judges of the Court on the Judiciary, the Court of Tax Review and the Court of Bank Review and the Judges of any other such Special Courts may serve in such capacities in addition to their other judicial office. Compensation for service in the National Guard or the armed forces of the United States for such periods of time as may be determined by rules of the Supreme Court shall not be deemed "profit".
(c) Notwithstanding the provisions of this Article relating to terms of office, the Legislature may provide by statute for a maximum age qualification for election or appointment to office and for the retirement of Justices and Judges automatically at a prescribed age or after a certain number of years of service, or both. The compensation, age of retirement and procedure for retirement shall be prescribed by statute. Any retired Justice or Judge may, in the discretion of the Supreme Court, be assigned to Judicial service. The compensation for such service shall be that to which the Justice or Judge is entitled in accordance with benefits as provided by statute.
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NOTE:
A prior Section 11 of Article VII was repealed by State Question No. 448, Legislative Referendum No. 164, adopted at election held on July 11, 1967. Repeal proposed by Laws 1967, p. 698, H.J.R. No. 508.Art. VII §12 | CONTINUING PROVISIONS
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A prior Section 12 of Article VII was repealed by State Question No. 448, Legislative Referendum No. 164, adopted at election held on July 11, 1967. Repeal proposed by Laws 1967, p. 698, H.J.R. No. 508.Art. VII §13 | SAVINGS CLAUSE
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A prior Section 13 of Article VII was repealed by State Question No. 448, Legislative Referendum No. 164, adopted at election held on July 11, 1967. Repeal proposed by Laws 1967, p. 698, H.J.R. No. 508.Art. VII §14 | EFFECTIVE DATES - IMPLEMENTING ACTS
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A prior Section 14 of Article VII was repealed by State Question No. 448, Legislative Referendum No. 164, adopted at election held on July 11, 1967. Repeal proposed by Laws 1967, p. 698, H.J.R. No. 508.Art. VII §15 | JURY TRIALS - VERDICTS
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A prior Section 15 of Article VII was repealed by State Question No. 448, Legislative Referendum No. 164, adopted at election held on July 11, 1967. Repeal proposed by Laws 1967, p. 698, H.J.R. No. 508.Art. VII §16 | REPEALER
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NOTE:
This section of State Question No. 448, Legislative Referendum No. 164, adopted at election held on July 11, 1967, repealed a prior Article VII containing Sections 1 through 25, and replaced it with a new Article VII containing Sections 1 through 16. Repeal proposed by Laws 1967, p. 698, H.J.R. No. 508.Art. VII §17 | REPEALED BY STATE QUESTION NO 448, LEGISLATIVE REFERENDUM NO 164, ADOPTED AT ELECTION HELD ON JULY 11, 1967 REPEAL PROPOSED BY LAWS 1967, P 698, HJR NO 508
Art. VII §18 | REPEALED BY STATE QUESTION NO 448, LEGISLATIVE REFERENDUM NO 164, ADOPTED AT ELECTION HELD ON JULY 11, 1967 REPEAL PROPOSED BY LAWS 1967, P 698, HJR NO 508
Art. VII §19 | REPEALED BY STATE QUESTION NO 448, LEGISLATIVE REFERENDUM NO 164, ADOPTED AT ELECTION HELD ON JULY 11, 1967 REPEAL PROPOSED BY LAWS 1967, P 698, HJR NO 508
Art. VII §20 | REPEALED BY STATE QUESTION NO 448, LEGISLATIVE REFERENDUM NO 164, ADOPTED AT ELECTION HELD ON JULY 11, 1967 REPEAL PROPOSED BY LAWS 1967, P 698, HJR NO 508
Art. VII §21 | REPEALED BY STATE QUESTION NO 448, LEGISLATIVE REFERENDUM NO 164, ADOPTED AT ELECTION HELD ON JULY 11, 1967 REPEAL PROPOSED BY LAWS 1967, P 698, HJR NO 508
Art. VII §22 | REPEALED BY STATE QUESTION NO 448, LEGISLATIVE REFERENDUM NO 164, ADOPTED AT ELECTION HELD ON JULY 11, 1967 REPEAL PROPOSED BY LAWS 1967, P 698, HJR NO 508
Art. VII §23 | REPEALED BY STATE QUESTION NO 448, LEGISLATIVE REFERENDUM NO 164, ADOPTED AT ELECTION HELD ON JULY 11, 1967 REPEAL PROPOSED BY LAWS 1967, P 698, HJR NO 508
Art. VII §24 | REPEALED BY STATE QUESTION NO 448, LEGISLATIVE REFERENDUM NO 164, ADOPTED AT ELECTION HELD ON JULY 11, 1967 REPEAL PROPOSED BY LAWS 1967, P 698, HJR NO 508
Art. VII §25 | REPEALED BY STATE QUESTION NO 448, LEGISLATIVE REFERENDUM NO 164, ADOPTED AT ELECTION HELD ON JULY 11, 1967 REPEAL PROPOSED BY LAWS 1967, P 698, HJR NO 508
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