Okla. Stat. tit. 20, § 20-1402
This is the official text of Okla. Stat. tit. 20, § 20-1402, part of Oklahoma’s Stat. tit. 20, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 20,." Browse the sections below, each linked to its official government source.
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Recusal or disqualification of appellate judges –
Official statutory text
Appointment by Governor.
A. No Justice of the Supreme Court of this state or Judge of
the Criminal Court of Appeals shall participate in the decision of
any appellate cause in which the Justice or Judge presided at the
trial of such cause.
B. When a Justice of the Supreme Court is recused or
disqualified from deciding a cause for any reason, the remainder of
the Court shall decide the cause. If, during the decision of any
cause, there are less than seven (7) qualified Justices, the Clerk
of the Court shall certify all such recusals or disqualifications to
the Governor who shall assign a retired Supreme Court Justice to the
matter in substitution of the recused or disqualified Justices. If
no retired Supreme Court Justice is able to serve, the Governor
shall assign a member of the Bar of this state who possesses the
same qualifications as the members of the Supreme Court to the
matter in substitution of the recused or disqualified Justice.
C. When a Judge of the Court of Criminal Appeals is recused or
disqualified from deciding a cause for any reason, the Clerk of the
Court shall certify the recusal or disqualification along with the
case number to the Governor who shall assign a retired Judge of the
Court of Criminal Appeals to the matter in substitution of the
recused or disqualified Judge. If no retired Judge of the Court of
Criminal Appeals is able to serve, the Governor shall assign a Judge
of the Court of Civil Appeals to the matter in substitution of the
recused or disqualified Judge. If no Judge of the Court of Civil
Appeals is able to serve, the Governor shall assign a member of the
Bar of this state who possesses the same qualifications as the
members of the Court of Criminal Appeals to the matter in
substitution of the recused or disqualified Judge.
R.L. 1910, § 5815. Renumbered from § 574 of Title 22 by Laws 1969,
c. 119, § 1, emerg. eff. April 3, 1969. Amended by Laws 2022, c.
201, § 1.
A. No Justice of the Supreme Court of this state or Judge of
the Criminal Court of Appeals shall participate in the decision of
any appellate cause in which the Justice or Judge presided at the
trial of such cause.
B. When a Justice of the Supreme Court is recused or
disqualified from deciding a cause for any reason, the remainder of
the Court shall decide the cause. If, during the decision of any
cause, there are less than seven (7) qualified Justices, the Clerk
of the Court shall certify all such recusals or disqualifications to
the Governor who shall assign a retired Supreme Court Justice to the
matter in substitution of the recused or disqualified Justices. If
no retired Supreme Court Justice is able to serve, the Governor
shall assign a member of the Bar of this state who possesses the
same qualifications as the members of the Supreme Court to the
matter in substitution of the recused or disqualified Justice.
C. When a Judge of the Court of Criminal Appeals is recused or
disqualified from deciding a cause for any reason, the Clerk of the
Court shall certify the recusal or disqualification along with the
case number to the Governor who shall assign a retired Judge of the
Court of Criminal Appeals to the matter in substitution of the
recused or disqualified Judge. If no retired Judge of the Court of
Criminal Appeals is able to serve, the Governor shall assign a Judge
of the Court of Civil Appeals to the matter in substitution of the
recused or disqualified Judge. If no Judge of the Court of Civil
Appeals is able to serve, the Governor shall assign a member of the
Bar of this state who possesses the same qualifications as the
members of the Court of Criminal Appeals to the matter in
substitution of the recused or disqualified Judge.
R.L. 1910, § 5815. Renumbered from § 574 of Title 22 by Laws 1969,
c. 119, § 1, emerg. eff. April 3, 1969. Amended by Laws 2022, c.
201, § 1.
Status: in_force · Read it on the official government site
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