The Courtroom, housed in the State Capitol, belongs to the people of Oklahoma, as do all courtrooms in this State. All sessions conducted in the Courtroom are open to the public. Citizens are welcome, and they are urged to attend these sessions. The Supreme Court Courtroom is the most beautiful room in the State Capitol Building. Along the walls of the courtroom are the portraits of the first five Supreme Court Justices --- Honorable R.L. Williams, Honorable Matthew Kane, Honorable Jesse J. Dunn, Honorable John B. Turner, and Honorable Samuel W. Hayes. The pictures of the current members of the Court are placed on the walls immediately outside the Courtroom doors. The first five Justices initially presided over all civil and criminal cases, but as the population began to grow and the court docket lengthened, it became clear that a five-judge court would not be able to handle all the cases. Four other Justices were appointed in 1917. In 1918, the Court of Criminal Appeals was created and three judges were appointed to preside over all criminal matters. (The Court of Criminal Appeals now consists of five judges.)

Solid mahogany found throughout the room was imported from the West Indies in 1918. Four large pillars of Vermont marble, weighing two tons each, support the ceiling. The ceiling is one of the most beautiful aspects of the Courtroom. Each intricate square reminds the viewer of an elaborate wedding cake. The ten solid brass light fixtures illuminating the Courtroom were designed in New York City in 1970. At the north end of the Courtroom beneath the ceiling, a piece of Vermont marble bears the inscription: "The safety of the State is the highest law" --- written by Justinian. Vermont marble is also found beneath the ceiling at the south end of the Courtroom. It carries the inscription: "The foundations of justice are that no man shall suffer wrong" --- a quotation from Cicero.

Unlike most states, Oklahoma has two courts of last resort. The Supreme Court determines all issues of a civil nature, and the Oklahoma Court of Criminal Appeals decides all criminal matters. Members of these courts, and of the Court of Civil Appeals, are appointed by the governor from a list of three names submitted by the Oklahoma Judicial Nominating Commission.

In making its decisions, the Oklahoma Supreme Court interprets both the State and Federal Constitutions. If the question presented is one purely of state law, the Oklahoma Supreme Court is the final arbiter. An opinion of the Oklahoma Supreme Court, based on the Oklahoma Constitution, affording greater rights than those preserved by the United States Constitution may not be overturned by the United States Supreme Court. The Oklahoma Supreme Court decides no criminal cases. Criminal cases fall within the exclusive appellate jurisdiction of the Court of Criminal Appeals. In recent years, the backlog of the Court of Criminal Appeals has been virtually extinguished, guaranteeing that both the State and individual litigants have a speedy resolution of appellate issues relating to crimes committed in Oklahoma. If a conflict arises over the jurisdiction of the two courts --- Supreme Court or Court of Criminal Appeals --- the Supreme Court determines which court has jurisdiction. Its determination is final and not subject to review.

Over the last ten years, the Oklahoma Supreme Court has reduced its backlog of cases from 3,331 in 1998 to 1,476 in January of this year. In 1997, the Supreme Court disposed of 2,142 cases -- 232 more cases than were filed. Every case filed has been assigned to a Supreme Court Justice or to a Judge of the Court of Civil Appeals. During 1999, it is expected that cases decided within six months of the date of assignment and within nine months after assignment in the Supreme Court.

The Court of Civil Appeals is responsible for the majority of appellate decisions. These opinions may be released for publication either by the Court of Civil Appeals or by the Supreme Court. When the opinions are released for publication by the Supreme Court, they have precedential value. The Court of Civil Appeals is made up of four divisions, each composed of three Judges. Two divisions of the Court of Civil Appeals are located in Oklahoma City and two are housed in Tulsa.

In Oklahoma, all litigants are entitled to one appeal as a matter of right. Appeals to the Court of Criminal Appeals come directly from the District Court. All appeals in civil cases are made to the Oklahoma Supreme Court. Appeal may be made to the Supreme Court from the District Court, Workers' Compensation Court, Court of Tax Review, and state agencies such as the Department of Public Safety, Oklahoma Tax Commission, Oklahoma Corporation Commission and the Department of Human Services. Many of these appeals are directed by the Supreme Court to one of four divisions of the Court of Civil Appeals. Most cases reviewed in the Supreme Court are from the Court of Civil Appeals. These cases come before the Supreme Court on petitions for certiorari.

Certiorari allows the Supreme Court to bring the record up from the Court of Civil Appeals and to review the Court of Civil Appeals' decision. A review of an opinion of the Court of Civil Appeals in the Supreme Court on writ of certiorari is a matter of sound judicial discretion, and will be granted only when there are special and important reasons, and if a majority of the Justices direct that certiorari be granted. Certiorari may be granted when: the Court of Civil Appeals has decided a question of substance not previously determined by the Oklahoma Supreme Court; or the decision of the Court of Civil Appeals does not conform with a decision by the Oklahoma Supreme Court or the United States Supreme Court; or the Court of Civil Appeals divisions have issued conflicting opinions; or when the Court of Civil Appeals' decision is a substantial departure from the usual course of judicial proceedings.

When new first impression issues, or important issues of law, or matters of great public interest are at stake, the Supreme Court may retain a case directly from the trial court. In addition to appeals from a trial, issues come to the Supreme Court within its general superintending control over all inferior courts, agencies, commissions and boards created by law, with the exception of the Court on the Judiciary and the Senate sitting as a Court of Impeachment.

The Supreme Court operates very differently from a trial court. There is no jury and, except on very rare occasions, no testimony from witnesses. The Court receives the record of the trial (transcript), and any court papers filed in the case (record), and the written arguments (briefs) of the lawyers. The Supreme Court has total discretion in deciding which cases it will hear. Cases which are not directed to the Court of Civil Appeals for decision are assigned on a rotating basis to an individual Justice by the Chief Justice. If the Chief Justice is disqualified, the assignment is made by the Vice Chief Justice. Cases coming to the Court from the Court of Civil Appeals on certiorari are assigned during Monday Conferences, also on a rotating basis. A petition for certiorari must contain the Court of Civil Appeals' opinion deciding the issues presented. The opinion is reviewed by a Referee and the petition for certiorari, the response to the petition, the reply, and a memorandum with a recommendation are submitted to an individual Justice for review. The assigned Justice makes a recommendation to the Court. The granting or denial of a petition for certiorari is discretionary. If a petition is denied, the Court of Civil Appeals' opinion becomes the final judgment and the law of that case. If a petition for certiorari is granted, the case is assigned to a Justice to write an opinion.

Once a case is assigned to an individual Justice, the Justice and the Justice's legal staff independently research the issues presented. A proposed opinion is presented to each of the other eight Justices, and the opinion is considered in one of two regularly scheduled weekly Conferences. All members of the Court assemble twice weekly, on Monday and Thursday mornings, in the Supreme Court Conference Room. These regularly scheduled private meetings are generally referred to as "Conferences", which are not subject to the Open Meetings Law. On Mondays, the Court considers petitions for certiorari, bar disciplinary matters, and applications for extraordinary relief (often referred to as original jurisdiction matters). On Thursdays, the Court considers proposed opinions drafted by individual Justices. The Justices have approximately a week to study the matters considered in Monday and Thursday Conferences. Tuesdays and Wednesdays are "circulation days" on the Court. On Tuesdays, matters for next week's Monday Conference are distributed to each Justice. Matters for Thursday Conferences are given to each Justice on Wednesday before Thursday Conferences the next week. During Conference, as each case is called and discussed, each Justice casts a vote on that case.

Under art. 7, §5 of the Oklahoma Constitution, the concurrence of the majority of the Justices is necessary to decide any question. Because the Oklahoma Supreme Court is composed of nine members, an opinion must receive at least five votes. If the Court's opinion is not unanimous, other Justices may write dissenting opinions. Even if a Justice agrees with the result reached by the majority opinion, the Justice may author a concurring, concurring specially, concurring-in-result, or concurring-in-judgment opinion stating the reasons why the law as stated by the majority opinion is correct in the cause presented. If a Justice agrees with the law expressed in an opinion, the vote is to concur. If the Justice disagrees with the law as expressed or applied in an opinion, the vote is a dissent. Concurring and concurring specially votes are treated as a full concurrence and may be counted in obtaining a majority vote. Concurring-in-result and concurring-in-judgment votes may not be counted as votes to form a majority opinion.

Any opinion issued by the Court is a product of many hours of in-depth, detailed study and research. These opinions and orders are handed down each Tuesday. Copies are mailed to the attorneys. Parties dissatisfied with the Court's opinion may file a petition for rehearing requesting the Court to take a second look at the law or the reasoning used in support of the result reached. Once an opinion has been issued, copies are available to the general public in the office of the Court Clerk. After an opinion is adopted, it becomes legal precedent, and guides lawyers, litigants, and judges in future cases.

When an issue is particularly novel or of great importance, the Court may order the parties to appear for oral argument. Generally, each side will be given 30 minutes to present its case. This time may be divided between the original argument and rebuttal. Later, at a private conference, the Justices discuss the arguments presented, and the Justice originally assigned the case will author a proposed opinion. This proposed opinion, like all others, is considered by all nine Justices and voted upon in Conference.

Deciding cases is only one of the Supreme Court's functions. The Court is also responsible for administering the state's entire judicial system. The Court establishes rules of operation for all other courts in the state. The Supreme Court formulates the rules for practice of law, which govern the conduct of all attorneys, and it administers discipline in appropriate cases. Additionally, many of the Justices make personal appearances to speak to members of the Bar, civic clubs, and educational groups. These appearances are made in an attempt to help all citizens understand the Court's workings and to inform them of the decision-making process. The Justices are also called upon to administer official oaths of office to public officials.

Pursuant to the Okla. Const., art. 7, §1, 2, the Court selects from its members a Chief Justice and a Vice Chief Justice. The Court selects a new Chief Justice every two years. The Chief Justice, who is the first among equals, presides at all court sessions, and chairs the state judicial conference. Together with the other members of the Court, the Chief Justice administers the judicial branch of state government and represents the Court and the judicial system in public appearances. The Vice Chief Justice's term of office is coextensive with that of the Chief Justice.

The Oklahoma Supreme Court is committed to Continuing Legal Education for judges and lawyers. The Supreme Court sponsors an annual Sovereignty Symposium assisted by the Oklahoma Indian Affairs Commission and the Sovereignty Symposium, Inc. This gathering is recognized as the premier conference in the country on Indian Law. The curriculum features comprehensive coverage of legal issues involving indigenous peoples. Lectures and open discussions leave attendees, as well as the bench and practicing bar, with a better understanding of the historical perspective and the contemporary legal issues facing tribal, state, and federal governments. The Sovereignty Symposium was established to provide a forum in which ideas concerning common legal issues could be exchanged in a scholarly, non-adversarial environment. The Supreme Court espouses no view on any of the issues, and the positions taken by the participants are not endorsed by the Court.

The Oklahoma Supreme Court works closely with the federal judiciary. The Court is often called upon to answer federal certified questions pursuant to the Uniform Certification of Questions of Law Act.20 O.S. 1991 § 1601, et seq. Certified questions are issues raised in a federal case for which there is no Oklahoma law, and the Oklahoma Supreme Court is called upon to settle the issue. Justices also participate in a program involving state, tribal and federal judges. The 10^th Circuit Task Force on Federal, State and Tribal Relations is chaired by 10^th Circuit Chief Judge Stephanie Seymour.

Members of the Oklahoma judiciary and their staff are governed by very strict rules of ethical conduct called the Code of Judicial Conduct. Judicial officers are charged with maintaining the integrity and independence of the judiciary. No Justice or Judge may lend the prestige of the office to advance any private interest. They must refrain from participation in political activities. They may not hold offices in political organizations, make speeches for political organizations or candidates, or solicit funds for a political organization or make, directly or indirectly, contributions to political organizations or candidates. A Justice or Judge on a retention ballot may campaign only if there is active opposition to retention. Members of the judiciary may not personally raise money to counter such opposition. Instead, a committee must be formed to solicit and manage campaign monies. All members of the judiciary must not only avoid actual impropriety, they must avoid even its appearance in all of their activities. They are required to regulate extra-judicial activities in order to minimize any possible conflict of interest with the exercise of judicial duties.

The Chief Justice is assisted by the Central Staff of the Court. This staff is made up of the Court's Marshal, five Referees, a Chief Administrative Assistant, and a receptionist. In addition, the Chief Justice takes regular staff members with her into the Chief Justice's Chambers. This staff is made up of two staff attorneys and the Chief's personal administrative assistant. The Marshal is often called upon by lawyers to answer procedural questions and acts as the Court's record-keeper for the number and kinds of cases that the Court handles each year. The Marshall drafts and issues orders as directed by the Justices. The referees, all attorneys, evaluate hundreds of petitions for certiorari and they are called upon to conduct oral arguments and hearings which are not appropriate for hearing by the entire Court.

Each Justice is authorized to hire two full-time staff lawyers, and one administrative assistant. The clerical-support staff member is responsible for handling the individual Justice's calendars, preparing the dockets for Monday and Thursday Conferences, circulating proposed opinions and orders, and numerous other office duties. The Justice's Judicial Assistants are highly qualified lawyers who aid the Justice in researching and drafting proposed opinions. The Court has some funds for legal internships. The Court hires, on a part-time basis, outstanding students who are interested in gaining experience by working for the Court. In addition to regular staff members of each Justice, the Chief Justice is provided with additional staff who assist in the administrative duties of the Office of the Chief Justice.

The Clerk of the Supreme Court attends all sessions of the Court held in the Courtroom, calls the Court to session, maintains official hearing records, operates recording and timing equipment, and ensures that proper Courtroom procedures are observed. The Clerk is the Court's record-keeper. The Clerk maintains operational contact with the parties and attorneys for all cases. The Clerk's office is the repository for all filings made in connection with any case the Supreme Court hears. The Clerk also serves as the Clerk of the Court of Criminal Appeals, the Courts of Civil Appeal, the Court on the Judiciary, and the Court of Tax Review.

On January 17, 1997, the Oklahoma Supreme Court began implementation of the "Oklahoma State Courts Network" (OSCN), an internet-based service designed to provide the public and the Bar with access to the public legal documents of the State of Oklahoma. In May of 1997, the Court also adopted the Public Domain Citation System for its case law, as recommended by the American Association of Law Librarians and the American Bar Association. These two events kicked off what has become one of the largest electronic public access projects ever undertaken by a state government entity.

OSCN has been under continual development since the beginning of 1997, and it is now one of the largest freely available repositories of legal information on the Internet. The entire body of Oklahoma appellate case law is available on OSCN. In addition, full text of the Oklahoma Statutes, with historical data, is available. Oklahoma Session laws, the Oklahoma Constitution, Oklahoma Registry of Frivolous or Malicious Appeals, Oklahoma Attorney General Opinions, Oklahoma Uniform Jury Instructions, Oklahoma Fee and Bond Schedules, Fee and Copy Schedules for the Appellate Courts, Interest on Judgments, Oklahoma Legal Forms, and many other types of documents are also included. The address for OSCN is www.oscn.net.

OSCN provides a fielded search system for all of the documents within its databases. OSCN also provides a service entitled "The Citationizer" for tracking and checking citations to case law.

The Management Information Services Department (MIS) operates as a department of the Administrative Office of the Courts. MIS is responsible for automation and data management for all appellate and district courts within the State of Oklahoma. The Department is also responsible for the implementation and operation of OSCN.

The Oklahoma Supreme Court is a constitutional tribunal consisting of nine Justices. Each Justice is selected from one of nine judicial districts and sits for a six-year term. Each Justice must be at least thirty years old, shall have been a qualified elector in the appropriate district for at least one year immediately prior to the appointment, and have been a licensed practicing attorney or judge of a court of record for five years preceding appointment. The Justices must maintain their status as licensed attorneys while holding office.

Justices are appointed by the Governor from the list of candidates presented by the Judicial Nominating Commission. Applicants for appointment to the Supreme Court are subjected to extensive investigation by the Oklahoma State Bureau of Investigation and to intensive interviews by the Judicial Nominating Commission (a constitutional commission consisting of attorneys and non-attorneys). The Justices stand for retention on a six-year rotating schedule. The retention ballot appears on general election ballots and is a non-partisan, non-competitive election process. If a Justice resigns or dies during a term, vacancies are filled by gubernatorial appointment from the appropriate Supreme Court judicial district. Newly appointed Justices who serve more than one year must stand for retention at the next regular general election.