Oklahoma Supreme Court - Jurisdiction and Powers

Jurisdiction and Powers

Section 4 of Article VII of the Oklahoma Constitution outlines the jurisdiction of the Supreme Court of Oklahoma. The appellate jurisdiction of the Supreme Court is co-extensive with that of the state's borders. The Court's jurisdiction applies to all cases "at law and in equity," except criminal cases, in which the Court of Criminal Appeals has exclusive appellate jurisdiction. If in any event there is any conflict in determining which court has jurisdiction, the Supreme Court is granted the power to determine which court has jurisdiction, with no appeal from the Court’s determination.

Along with Texas, Oklahoma is one of two states to have two courts of last resort; the Oklahoma Supreme Court decides only civil cases, and the Oklahoma Court of Criminal Appeals decides criminal cases. The Oklahoma Supreme Court has only immediate jurisdiction with respect to new first-impression issues, important legal issues, and cases of great public interest. In addition to appeals from the trial courts, the Oklahoma Supreme Court has jurisdiction over all lower courts, excluding the Oklahoma Court on the Judiciary, and the Oklahoma Senate, when that body is sitting as a Court of Impeachment. Judgments of the Oklahoma Supreme Court with respect to the Oklahoma Constitution are considered final.

This authority includes the power to temporarily assign any judge to a court other than that for which he was selected. The Supreme Court also maintains the power to appoint an administrative director and staff. This director serves at the pleasure of the Court to assist the Chief Justice in his administrative duties and to assist the Court on the Judiciary when the Court on the Judiciary calls upon the office’s administrative powers.

The Supreme Court has power to issue, hear and determine writs of habeas corpus, mandamus, quo warranto, certiorari, prohibition and such other remedial writs as may be provided by law and may exercise such other and further jurisdiction as may be conferred by statute. Any justice on the Court make issue the writ of habeas corpus to any person held in custody upon petition by or on behalf of that person. Such writs can be made to appear before the justice who wrote it, the Oklahoma Supreme Court (or other Appellate Courts), any District Court, or any judge in the State.

Aside from hearing cases, the Supreme Court is also responsible for administering the state's entire judicial system, establishing rules of operation for all other courts in the state. The Supreme Court formulates the rules for the practice of law, which govern the conduct of all attorneys, and it administers discipline in appropriate cases. Additionally, many of the justices make personal appearances to speak to members of the bar, civic clubs, and educational groups. These appearances are made to help citizens understand the Court's workings and decision-making process. Justices are also called upon to administer official oaths of office to public officials.