Government of Oklahoma

Government of the U. S. state of Oklahoma
the political and administrative structures (executive, legislative and judiciary) of the state of oklahoma

The government of the U. S. State of Oklahoma, established by the Oklahoma Constitution, is a republican democracy modeled after the federal government of the United States. The state government has three branches: the executive, legislative, and judicial. Through a system of separation of powers or "checks and balances," each of these branches has some authority to act on its own, some authority to regulate the other two branches, and has some of its own authority, in turn, regulated by the other branches. The state government is based in Oklahoma City and the head of the executive branch is the Governor of Oklahoma. The legislative branch is called the Legislature and consists of the Oklahoma Senate and the Oklahoma House of Representatives. The Oklahoma Supreme Court and the Oklahoma Court of Criminal Appeals are the state's highest courts.

The state government of Oklahoma is divided into an executive, a legislative and a judicial branch. The governor, the state's chief executive, has a degree of direct executive power but must share executive power with other statewide elected officers. The lieutenant governor serves as the first in line successor to the governorship should a vacancy occur. The state legislature comprises the Oklahoma House of Representatives and the Oklahoma Senate. It passes statutes, votes on the budget, and controls the action of the executive through oversight and the power of impeachment. The President pro tempore of the Senate presides over the state senate and the Speaker of the House presides over the Oklahoma House of Representatives. Both officers are in line to succeed to the governorship in the event of a vacancy, behind the lieutenant governor. The independent judiciary is based on the common law system which evolved from use in the British Empire. It is divided into the two courts of last resort, one (the Supreme Court) dealing with civil law and the other (the Court of Criminal Appeals) dealing with criminal law. The Court on the Judiciary is responsible for monitoring the activities of judges, except those of the Supreme Court. The Court of Impeachment monitors the activities of all statewide elected officials, including the justices of the Supreme Court. However, under special circumstances, the governor or two thirds of the state legislature's membership can call special sessions. The governor has a strong influence in shaping the agenda of the legislature. Legislation must be approved by a majority in both houses and signed by the governor to be enacted into law. However, should the governor veto the bill, the legislature, by a two thirds vote in both houses, may overturn the governor's veto, and the bill be enacted into law without the governor's signature. On appropriations bills, however, the governor has a line item veto. Under the Oklahoma Constitution, members of both houses enjoy the privilege of being free from arrest, except for treason, felony, and breach of the peace. This immunity applies to members during sessions and when traveling to and from sessions. The constitution also guarantees absolute freedom of debate in both houses, providing, "for any speech or debate in either House, shall not be questioned in any other place." Members of the legislature are limited to a combined total of 12 years of service in the Oklahoma Legislature, regardless of house. The Oklahoma Senate is the upper house of the state legislature with its 48 seats divided equally among the state's 48 senatorial districts. The state senators serve a four year staggered term, with half of the Senate up for reelection every even numbered year. The presiding officer in the state senate is the lieutenant governor in their role as President of the Senate. By tradition, the lieutenant governor presides in ceremonial occasions, leaving in charge the President pro tempore of the Oklahoma Senate, who is third in line to succeed the governor in the event of his removal from office. The presiding officer in the chamber is the Speaker of the Oklahoma House of Representatives, who is fourth in line to succeed the governor after the lieutenant governor and president pro tempore of the Oklahoma Senate.

The executive branch is the branch of the Oklahoma state government that executes the laws of Oklahoma. The branch, consisting of over 300 state agencies, boards, and commissions, is headed by the Governor of Oklahoma, who is assisted by eleven other statewide officials.

The governor is both head of state and head of government for Oklahoma. Under the constitution, the governor is elected to serve a four year term. Originally, the governor was term limited to only one term in office at a time but this has since been modified to allow up to two consecutive terms. In certain emergencies, the governor may assume special, comprehensive powers. These powers involve greater police power and near absolute control over the state, county, and local agencies and resources. During emergencies, the governor is also allowed a limited form of rule by decree. State, county, and local officers and personnel become subject to the governor during the emergency and must obey the governor's directions. With the exception of the members of the state legislature, any official who fails to obey any order may be removed from office by the governor. However, in normal times, the governor may not enact legislation or directly control the county and local agencies. The governor may issue executive orders (when empowered to do so by a specific provision of the Oklahoma Constitution or an act of the legislature) which are binding throughout the state. Such executive orders do not have the force of law and may only be issued when related directly to the governor's duties. In order to be elected governor, any gubernatorial candidate is required to obtain a statewide plurality of votes cast in their election. Given the dominance of the two party system, in Oklahoma (between the Democrats and the Republicans), the plurality is often a majority as well. However, in case the event that two or more candidates have an equal number of votes, the state legislature, by joint ballot, elects one of those candidates governor. The constitution names the governor the state's chief magistrate and vested in him the supreme executive power. As a consequence, the governor is the preeminent figure in Oklahoma politics. The governor makes appointments when a vacancy exists in the executive branch. The governor appoints the heads of state departments and agencies as well as the members of most state commissioners and boards. However, these appointments do require Senate approval. Some appointments serve at the pleasure of the governor while others serve fixed terms.

The Lieutenant Governor of Oklahoma is the second highest official in the Oklahoma government and the first in line to succeed the governor in the event of a vacancy. Though both the governor and lieutenant governor are elected in the same year, the two are not running mates. In the absence or incapacity of the governor, the lieutenant governor assumes the powers and duties of the office of governor. The lieutenant governor's main role is that of the president of the Oklahoma Senate, a position of limited de jure influence. The Oklahoma State Treasurer is the administrator and manager of the state's depository of state funds collected by Oklahoma's various state agencies. The office's major duty is to select banks and investments in which to place state funds to yield profit for the state at large. The treasurer maintains an accurate account of the money received and distributed by the Oklahoma State Treasury. The Treasurer also delivers state warrants, checks, and bonds to the Oklahoma Office of State Finance. The Oklahoma Superintendent of Public Instruction, often referred to as the Oklahoma State School Superintendent, supervises and manages the public school system of the state and serves as the chair of the Oklahoma State Board of Education. The superintendent publishes school laws, opinions of the laws, and submits annual reports to the governor on the condition of public schools. The superintendent is also an ex officio member of the State Emergency Fund Board and chairman of the State Career Tech Board. The Oklahoma Insurance Commissioner administers state laws dealing with insurance companies operating in Oklahoma. The commissioner audits insurance companies to make certain that they pay claims to their policyholders. Whenever an insurance company faces financial issues, courts usually appoints the commissioner to serve as a trustee. The Oklahoma Corporation Commission consists of three commissioners, each of at least 30 years, serving staggered six year terms. The three commissioners regulate public utility rates and supervise public utilities doing business within the State. The commission also regulates cotton gin, trucking, and public transportation businesses. The commission enforces oil and gas conservation laws and regulates pipeline companies. The commission is empowered to inspect the books and records of companies operating under their supervision and has extensive power to punish violators of its orders. In order to serve on the commission, a candidate cannot own personal interests within the companies the commission regulates. The Oklahoma State Auditor and Inspector prescribes a uniform system of bookkeeping for the county treasurers and the State Treasurer. Twice annually, without notice, the state auditor audits the books and accounts of the state treasurer and the county treasuries. If wrongdoing is suspected in the state, county, or local governments, the state auditor is empowered to investigate, audit the books of the suspect in question, and make recommendations to solve the problem. The Oklahoma Labor Commissioner is responsible for supervising the administration of state laws relating to labor and workplace safety and gathers and publishes information about the workforce of Oklahoma.

With the exception of the independent constitutional executive offices, the executive branch is organized into agencies that are grouped together under cabinet positions to reduce the number of people who report directly to the governor. For example, the Oklahoma Department of Transportation and the Oklahoma Turnpike Authority are organized under the state transportation secretary. The cabinet officers hold the title of "secretary". Agency heads are called "directors" or "commissioners". A cabinet secretary may serve concurrently as an agency director. The governor appoints, with the approval of the Oklahoma Senate, the cabinet. Each secretary advises the governor on policy changes or problems within the agencies under their supervision, represent the governor in administering their area of supervision, and coordinate information gathering for the governor or state legislature. The secretaries are not authorized to act without authorization by the governor through executive order. The secretaries together make up the Oklahoma State Cabinet, which was created in 1986 under the Executive Branch Reform Act of 1986 to "improve the effectiveness, efficiency, and accountability of state government." Within 45 days of assuming office, the governor must organize the cabinet. State law requires only the creation of a secretary for the state department of veteran affairs and for the information technology department. Within those first 45 days, the governor may create other secretary positions. The governor must create at least 10 positions, but no more than 16. The Secretary of State of Oklahoma and the Adjutant General of Oklahoma are the only ex officio members of the Oklahoma State Cabinet. The Secretary of State does not head a department as the other secretaries do, but the Office of the Secretary of State instead. The Adjutant General is second in command of Oklahoma National Guard, under the governor, and serves as the chief military adviser to the governor and the head of the Military Department of Oklahoma as the Secretary of the Military.

The judicial system of Oklahoma is the branch of the Oklahoma state government that interprets the state's laws and constitution. Headed by the Supreme Court, the judiciary consists of two courts of last resort, courts of general jurisdiction, and courts of limited jurisdiction. Also, the Oklahoma judiciary contains two independent courts. The split court of last resort system (with the Oklahoma Supreme Court handling civil matters and the Oklahoma Court of Criminal Appeals handling criminal matters) exists only in Oklahoma and neighboring Texas. Judges and justices requiring appointment are appointed by the governor. Candidates must first go through a nominating process through the Oklahoma Judicial Nominating Commission, which selects three candidates to submit to the governor for a single selection to the office.

The Oklahoma Supreme Court consists of chief justice, a vice chief justice, and seven associate justices who are appointed by the governor from a list of three judges submitted by the Judicial Nomination Commission. Justices are put on the ballot during the next general election for the electorate to retain that justice or not. Justices serve six years terms and then are put up for another retention election. Justices serve until they resign, fail to be retained in office, are removed from office by the Court on the Judiciary, or are impeached by the legislative branch. The Supreme Court's decisions are binding on lower state courts. The court has original jurisdiction and general superintendent control over inferior courts in the judiciary and agencies, commissions, and boards exercising power under the constitution. The court has appellate jurisdiction co extensive with that of the state's borders on cases "at law and in equity" except criminal cases, in which the Court of Criminal Appeals has exclusive appellate jurisdiction. If in any event there is any conflict in determining which court has jurisdiction, the state supreme court is granted the power to determine which court has jurisdiction, with no appeal from the court's determination. The Supreme Court is headquartered in the Oklahoma State Capitol in Oklahoma City, Oklahoma and hears oral arguments each year. The Supreme Court supervises the lower courts through the Administrative Office of the Courts and also supervises Oklahoma's legal profession through the Oklahoma Bar Association. Lawyer admissions and disbarment are done through recommendations of the association, which are then routinely ratified by the state supreme court. The association has approximately 11,000 active attorneys in Oklahoma and a total membership of more than 15,000. Five of the nine justices are required to affirm, modify, or overturn any ruling of any lower court. Once the court has reached a decision, one justice is selected to write the court's opinion. Once published, the opinion becomes the controlling factor in the state's law surrounding the issue(s) it addresses. This is known as stare decisis.

The Oklahoma Court of Criminal Appeals consists of a presiding judge and four judges who are appointed by the governor from a list of three judges submitted by the Judicial Nomination Commission. Justices are also ratified by the electorate at the next general election following their appointment and at the end of each six year term. Justices serve until they resign or fail to be retained in office. The Supreme Court's decisions are binding on lower state courts. Unlike most states, Oklahoma has two courts of last resort. The Supreme Court determines issues of a civil nature, and the Oklahoma Court of Criminal Appeals decides criminal matters. Unlike the Supreme Court, the Court of Criminal Appeal has mandatory review jurisdiction whenever a sentence from a lower court involved the death sentence. Court of Appeal justices is selected, confirmed, and ratified in the same manner as the justices of the Oklahoma Supreme Court. The state created the Oklahoma Court of Civil Appeals because the Oklahoma Supreme Court had neither the time nor resources to hear every case brought before it. When a case is brought before the state supreme court, the justices can choose to send the case to one of the four divisions of the Court of Civil Appeals, two located in Tulsa and two in Oklahoma City. Each division of the court has three judges, appointed for life, but must stand for election every six years to retain their positions. Two of the three judges may choose to reaffirm, modify, or overturn any ruling of any lower court. However, if the Oklahoma Supreme Court disapproves of the court's ruling, it may review the decision and change it as the court deems necessary. Each of Oklahoma's 77 counties has its own district court. The district courts have general jurisdiction over civil and criminal matters, with the exception of certain limited areas like workers' compensation where original jurisdiction is reserved by statute to other courts. Each district court is presided over by either single or multiple district judges with at least one associate district judge to administer justice in each county. The judges are elected, in a nonpartisan manner, to serve a four year term. In the event of a vacancy in any of the district courts, the governor appoints a judge to serve until the next elections. In the event of a heavy caseload in the district, a special judge may be appointed to assist the district judge. The 77 district courts are divided into 27 districts, with each district having at least one district judge over the associate district judges. Above the 27 districts are nine judicial administrative districts, involving several districts, to assure an organized system. From among the district judges of the judicial administrative districts, one is selected to serve as the presiding judge, who is responsible for the administrative matters of their district. The presiding judge answers to the Supreme Court. Civil appeals are heard by the Oklahoma Supreme Court and criminal appeals are heard by the Oklahoma Court of Criminal Appeals. District judges must live in the district in which they are seeking election. Associate judges must have been a practicing lawyer or judge for the past two years. There are a total of about 71 district judges, 77 associate district judges, and 78 special district judges.

The Workers' Compensation Court is a special court of ten judges that hears worker's compensation claims. The judges are selected by the governor to serve a six year term. Claims submitted are heard by a single judge in either Tulsa or Oklahoma City. If a party disapproves of the judge's ruling, they may appeal to a three judge panel called the Court En Banc. Appeals for the Court En Banc are heard by the Oklahoma Supreme Court. The Court on Tax Review is a special court in the Oklahoma judiciary charged with hearing disputes involving illegal taxes levied by county and city governments. Tax review cases are sent to the Chief Justice of Oklahoma, who then sends the claim to the presiding judge of the administration district from which the claim originated. The presiding judge then appoints three judges to serve as the Court on Tax Review. Appeals from the court are heard by the Oklahoma Supreme Court.

Though part of Oklahoma's court system, there are two courts that operate without the oversight of the Oklahoma Supreme Court. The Oklahoma Court on the Judiciary, one of the two independent courts, is responsible for removing judges from their position if they have committed illegal acts. One of two such courts in the United States, the court ensures that other courts best administer justice. The Oklahoma Court on the Judiciary consists of a nine member trial division and a five member appellate division. The court's jurisdiction may be called into force by the governor, attorney general, Oklahoma Supreme Court, the Oklahoma Bar Association, or by the Oklahoma House of Representatives. Also, private citizens can file a formal complaint against a judge to be heard by the Oklahoma Council on Judicial Complaints. If the complaint is approved, the case is heard by the trial division of the court. Cases brought before the court are heard by the trial division. Any appeals from the trial division are heard by the appellate division. There are no appeals from the appellate division's decisions, and not even the Oklahoma Supreme Court may change its rulings. The Oklahoma Senate serves as the Court of Impeachment, the second independent court in the Oklahoma judiciary. Impeachment charges are brought by the Oklahoma House of Representatives, and they are heard by the state senate, with the Chief Justice of Oklahoma presiding, unless the chief justice or any member of the Oklahoma Supreme Court is charged, in which case the state senate shall select one of its own members to preside. Impeachment charges may only be brought against the governor and other statewide officials (including justices) for willful neglect of duty, corruption in office, habitual drunkenness, incompetency, or any offense involving moral turpitude committed while in office. If impeached, officials are immediately suspended in discharging their duties. Should the impeachment fails, the officer in question returns to their duties. However, if the impeachment is successful and the defendant found guilty, the person is removed from office. The Oklahoma Judicial Nominating Commission is a body that selects potential justices and judges for gubernatorial appointments for judicial positions on Oklahoma's appellate courts. In the event of a vacancy, for whatever reason, within the Oklahoma Supreme Court or appellate courts, the commission screens a list of applicants that desire that job. The commission selects three qualified nominees and presents the names to the governor, who may appoint one of the nominees. If the governor fails to appoint a nominee to the position within sixty days, the Chief Justice of Oklahoma may make the selection.