The Court of Criminal Appeals

When the U.S. Congress designated Law Day in 1961, _the focus was to raise public awareness of American law and justice and their valuable impact on the lives of _U.S. citizens.

The ABA theme for this year is entitled “To Win Equality by Law: Brown v. Board at 50.” The OBA theme is “American Freedom and What It Means to Me.” Equality under the law and the ideals of American freedom are most important in cases where a person has been charged with a crime and there is a victim of a crime. The accused and the victim deserve justice.

The Oklahoma Court of Criminal Appeals is the court that has exclusive appellate jurisdiction in criminal cases. Actions by the court impact the life and liberty of certain individuals charged with a crime, victims of the crime, the families of both and others that are affected by the crime. In addition to the many events the judges will be attending in celebration of Law Day, it is fitting to take a moment to consider the role of the Court of Criminal Appeals in the Oklahoma judicial system.

What Court is the Court of Last Resort for Criminal Cases in Oklahoma?

The Court of Criminal Appeals is the highest court in the state with exclusive appellate jurisdiction in criminal cases. This is different from almost every other state. In Oklahoma the Supreme Court decides issues in cases that are civil matters, and the Court of Criminal Appeals decides issues in cases that are criminal matters. These criminal matters come directly to the Court of Criminal Appeals from Oklahoma District Courts and Municipal Courts of Record. There is no intermediate court for criminal cases in Oklahoma as there is for civil cases. If a question as to jurisdiction between the courts arises, the court to have jurisdiction is determined by the Supreme Court.

Has the Oklahoma Court System Always Been Like This?

The Court of Criminal Appeals derives its origin and jurisdiction from the state constitution, which was formulated by the constitutional convention and submitted to and adopted by the people of Oklahoma at the first election, held on Sept. 17, 1907.

In accordance with the constitutional provision, the First Legislature passed a law entitled "An act creating a Criminal Court of Appeals, and defining the jurisdiction of said court." On May 18, 1908 this law received the approval of the governor and on Sept. 12, 1908 Gov. Haskell made the appointments of the three judges to serve on the court. In 1959, the name was changed from the Criminal Court of Appeals to the Court of Criminal Appeals. In 1988, the court was expanded to five judges, one from each of the Court of Criminal Appeals judicial districts.

Does the Court Ever Hear Oral Arguments?

The court regularly hears oral arguments in various cases such as death penalty cases and those cases qualifying for fast-track consideration. The court is open to the public. Since seating space is limited in the courtroom and argument schedules can change, it is recommended that people wanting to observe proceedings contact the offices of the Court before showing up for arguments.

The caseload of the court is current. The court disposes of between 1,450 -1,800 cases per year, along with many, many other orders concerning other criminal matters. The court promulgates rules, procedures and uniform jury instructions that are listed on the "OCCA Online" part of the Web site the court maintains at www.okcca.net. Also from this Web page, one can link to legal research and the case docketing information, each provided by the Oklahoma State Court Network (OSCN) system. In addition, there is a direct link to the National Center for State Courts (NCSC) Web site provided on "OCCA Online." The NCSC Web site provides access to research on all facets of state judicial systems throughout the United States.

In keeping with the long-standing tradition to observe Law Day as a way to celebrate the significance of law and the legal profession, the judges plan on participating individually in the following activities: Oklahoma City University/ Oklahoma County Bar joint Law Day Luncheon, Muskogee County Bar meeting, Pittsburg County Bar meeting, Payne County Bar meeting, Stephens County Bar meeting and the Comanche County Bar meeting, among others. Scheduling for the judges to speak or attend Law Day activities is continuing to be updated. Judge Lumpkin will speak at East Central University on April 8 and at the Edmond Rotary Club on April 28.

More information about the five judges of the Court of Criminal Appeals, how they got there and the court system can be found on the court’s home page at www.okcca.net under "OCCA Online." In addition, judges can be contacted by e-mail or telephone to request a speaker for a local bar or civic club meeting. Information on other judges and justices can be found at www.oscn.net under "Courts." Also, there is more information on all judges and the judicial system on the OBA Web page at www.okbar.org/judges/.