Oklahoma Constitution Article VII-A: COURT ON THE JUDICIARY
Oklahoma Constitution – Article VII-A: Court on the Judiciary
Overview:
Article VII-A of the Oklahoma Constitution establishes a specialized court system known as the Court on the Judiciary, which handles judicial discipline, including removal, suspension, or compulsory retirement of judges for misconduct or incapacity.
🔷 Key Provisions of Article VII-A:
Section 1: Court on the Judiciary – Creation and Jurisdiction
Establishes two divisions of the Court on the Judiciary:
Trial Division
Appellate Division
Grants the Court authority over judges of courts of record (including district judges, associate district judges, etc.).
Jurisdiction includes:
Removal for cause
Compulsory retirement for disability
Suspension pending investigation
Section 2: Trial Division – Composition
Trial Division includes:
8 district judges chosen by their peers
1 active member of the Oklahoma Bar Association appointed by the Bar's Executive Council
They serve 4-year terms and must meet regularly.
Section 3: Appellate Division – Composition
Appellate Division includes:
5 members: 3 judges of the Court of Criminal Appeals and 2 justices of the Supreme Court
They are selected by their respective courts
Reviews decisions of the Trial Division upon appeal.
Section 4: Prosecutor
The Oklahoma Supreme Court appoints a prosecutor (a member of the Bar) to represent the state in judicial disciplinary proceedings.
Section 5: Complaints – Procedure
Complaints can be filed by:
The Governor
The Attorney General
The Oklahoma Bar Association
The Executive Council of the Judicial Conference
Once filed, the Trial Division conducts a formal hearing.
Section 6: Trial Procedures
The judge has a right to:
Representation by counsel
Cross-examine witnesses
Call witnesses
Hearings are public unless privacy is warranted.
Section 7: Decisions and Appeals
The Trial Division can:
Remove, retire, or suspend the judge
Issue written findings
The judge can appeal to the Appellate Division, whose decision is final.
Section 8: Rules and Regulations
The Court on the Judiciary can establish its own procedural rules, subject to general legal principles and due process.
Section 9: Effect on Other Provisions
This Article is independent and does not interfere with impeachment or other constitutional judicial review processes.
🔍 Summary:
Article VII-A provides a structured, due-process-based system for disciplining judges in Oklahoma. It balances judicial independence with accountability, ensuring that judges who act unethically or become incapacitated can be removed or disciplined by a specialized judicial panel separate from traditional political impeachment processes.
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