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§ 1402. Recusal or disqualification of appellate judges--Appointment by Governor

Oklahoma Statutes AnnotatedTitle 20. CourtsEffective: August 26, 2022

Oklahoma Statutes Annotated
Title 20. Courts (Refs & Annos)
Chapter 19. Judiciary, Generally
Effective: August 26, 2022
20 Okl.St.Ann. § 1402
§ 1402. Recusal or disqualification of appellate judges--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.

Credits

R.L.1910, § 5815. Renumbered from Title 22, § 574 by Laws 1969, c. 119, § 1, emerg. eff. April 3, 1969; Laws 2022, c. 201, § 1.
20 Okl. St. Ann. § 1402, OK ST T. 20 § 1402
Current with emergency effective legislation through Chapter 257 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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