Oklahoma Supreme Court Commission

The Oklahoma Supreme Court Commission was a judicial commission in Oklahoma created by the Oklahoma Legislature to assist the Oklahoma Supreme Court with its caseload. The commission was active between 1911 and 1918, 1923–1930, and 1954–1959 and subordinate to the Oklahoma Supreme Court. The number of members varied over time, from three to fifteen. Members would adjudicate cases and write opinions with the final drafts and decisions requiring the approval of the Supreme Court.

Oklahoma Supreme Court Commission
Established1911
1923
1954
DissolvedNovember 30, 1918 (1918-11-30)
December 31, 1930 (1930-12-31)
April 1, 1959 (1959-04-01)
LocationOklahoma
Judge term length2 years
Number of positionsThree to fifteen
Type of tribunalJudicial commission

Background

The Oklahoma Supreme Court Commission was authorized by the Oklahoma Legislature by statute subject to sunset provisions. The commission was created as an alternative to creating a new appellate court. The first Oklahoma Supreme Court Commission was created in 1911 with six members and was set to expire in 1913. In 1913, the legislature extended the commission until February 1, 1915. In 1915 the commission was extended again for two more years and expanded to nine members. In 1917, it was extended until November 30, 1918. The commission was reauthorized in 1923 through December 1926.[1] In 1927, it was extended again until 1930.[2] In 1954, the Oklahoma Bar Association recommended the creation of a permanent seven member Supreme Court Commission, but the proposal was rejected by the Oklahoma Legislature, who instead opted to create a temporary commission.[3] The final Oklahoma Supreme Court Commission was authorized in 1955 through 1959.[1]

Timeline of authorization
  • 1911– Legislation passed authorizing the commission until 1913. The legislation provided for six commissioners (one from each of the state's five judicial districts and one at-large) who were appointed by the Oklahoma Supreme Court. Commissioners were organized by the Supreme Court into two 'divisions' made up of three commissioners and served a two-year term.[1][4]
  • 1913– Legislation passed authorizing the commission until 1915.[5]
  • 1915– Legislation passed authorizing the commission until January 31, 1917.[6] The legislation increased the number of commissioners to nine (one from each of the state's five judicial districts and four at-large) who were appointed by the Governor of Oklahoma subject to the consent and approval of the Oklahoma Supreme Court. Commissioners were organized by the Supreme Court into three 'divisions' made up of three commissioners and served two-year terms. Commissioners were required to meet the same requirements as Supreme Court Justices in the Oklahoma Constitution or be district judges in the state. Commissioners could be removed from office by the Governor at his discretion. This legislation also specifically authorized the commission to assist the Supreme Court with hearing cases and writing opinions.[1]
  • 1917– Legislation passed authorizing the commission until November 30, 1918. The only change was the removal power was moved from the Governor to the Legislature through impeachment.[1]
  • 1923– Legislation passed re-authorizing the commission until December 31, 1926. The legislation increased the number of commissioners to fifteen who were appointed by the Governor of Oklahoma subject to the consent and approval of the Oklahoma Supreme Court. Commissioners could be removed from office at the discretion of the Supreme Court.[1]
  • 1927– Legislation passed authorizing the commission until December 31, 1930. The number of commissioners was decreased back to nine and the they were organized into two 'divisions.'[2]
  • 1955– Legislation passed authorizing the commission until April 1, 1959. The legislation provided for three commissioners. Commissioners were appointed by the Governor of Oklahoma subject to the consent and approval of the Oklahoma Supreme Court and could be removed from office by the Supreme Court at its discretion.[1][7]

Historical legacy

Scholarship in the late 1990s noted the lack of recent scholarship into Supreme Court Commissions in the United States and their unique function has been described as quasi-judicial.[8]

References
  1. Means, William W. (Fall 1988). "Reflections on Deflection: Appellate Assignment to Oklahoma's Court of Appeals". Tulsa Law Review. 24 (1): 1–42. Retrieved April 16, 2023.
  2. Irwin, Pat (September 24, 1966). "Structure of the Appellate Courts-Comments on a Judicial Article". The Journal. 37 (34): 1769–1773. Retrieved April 16, 2023.
  3. "History of the Oklahoma Supreme Court". Oklahoma Bar Journal. 75: 91–95. November 11, 2004. Retrieved April 16, 2023.
  4. Casey, Orben J. (November 1, 2003). "The Bar Governs a New State". Oklahoma Bar Journal. 74 (30): 3009. Retrieved April 16, 2023.
  5. Fernandes, D. H., ed. (February 1913). "Editorials". Oklahoma Law Journal. Guthrie, Oklahoma. 11 (8): 319. Retrieved April 16, 2023.
  6. Fernandes, D. H., ed. (March 1915). "An Act Authorizing the Governor to Appoint,". Oklahoma Law Journal. Guthrie, Oklahoma. 13 (5): 389–392. Retrieved April 16, 2023.
  7. O'Bailey, Robert (July 30, 1955). "New Legislation of Interest to All Lawyers". Oklahoma Law Journal. 26 (29): 1292. Retrieved April 16, 2023.
  8. Marvin, Thomas C. (Winter 1997). "Ignore the Man Behind the Curtain: The Role of Commissioners in the Michigan Supreme Court". Wayne Law Review. 43: 375–407. Retrieved April 16, 2023.
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