Invoking Jurisdiction
The jurisdiction of the Trial Division of the Court may be invoked by a petition, filed either by the Oklahoma Supreme Court (or the Chief Justice thereof), by the Governor, by the Attorney General, or by the Executive Secretary of the Oklahoma Bar Association when directed so to do by a vote of a majority of all members of its Executive Council. A Resolution from the Oklahoma House of Representatives may also invoke the Court’s jurisdiction. The petition shall state the name of the respondent, the grounds upon which his removal from office or compulsory retirement from office is sought, and such other matters as may be specified by the rules of the Trial Division. It shall be subject to amendment by order of either division of the Court.
Immediately upon the filing of the petition, the Clerk shall notify the presiding officer of the Trial Division, and the respondent named therein, in accordance with the rules of the Trial Division. The presiding judge of the Trial Division shall secure from the Executive Council of the Oklahoma Bar Association a panel of five active members of the Association from which the presiding judge shall designate the prosecutor, and any necessary assistant, to conduct the proceeding against the respondent.
The Trial Division or the presiding judge shall set the matter for hearing, not less than sixty days after notice of the filing of the petition shall have been given the respondent. In all procedural matters not covered by rule of the Trial Division, the provisions of the common law of Oklahoma shall be followed so far as they may be applicable. Pending the determination of the proceedings, the Trial Division in its discretion may suspend the respondent from the exercise of his office. After full hearing, the Trial Division shall render such judgment as the facts may justify. No judgment shall extend further than:
- removal of the respondent from office, with or without disqualification to hold any public office of honor, trust, or profit under this State, or
- to compulsory retirement from office; but such a proceeding, regardless of result, shall not bar or prejudice any other proceeding, civil or criminal, authorized by law.
A judicial officer who is a member of the retirement compensation system prescribed by the Oklahoma Constitution shall receive the retirement compensation to which his term of service entitled him. If he is not qualified for full retirement compensation, he may receive such compensation as the Court may decree, in proportion to time served and in accordance with principles of justice and equity, alike as to amount, commencement of payment, terms of payment, or other relevant conditions or limitations.
Read more about this topic: Oklahoma Court On The Judiciary
Famous quotes containing the words invoking and/or jurisdiction:
“A man is the prisoner of his power. A topical memory makes him an almanac; a talent for debate, disputant; skill to get money makes him a miser, that is, a beggar. Culture reduces these inflammations by invoking the aid of other powers against the dominant talent, and by appealing to the rank of powers. It watches success.”
—Ralph Waldo Emerson (1803–1882)
“The putting into force of laws which shall secure the conservation of our resources, as far as they may be within the jurisdiction of the Federal Government, including the more important work of saving and restoring our forests and the great improvement of waterways, are all proper government functions which must involve large expenditure if properly performed.”
—William Howard Taft (1857–1930)