CapitolBeatOK Staff Report

Published: 08-Jan-2011

Friday afternoon (January 7), as a sixth and final Supreme Court appointment from Oklahoma Governor Brad Henry seemed imminent, the Supreme Court of Oklahoma issued an order assuming original jurisdiction in a lawsuit questioning the validity of Justices appointed through the Judicial Nominating Commission.

Changes in the nominating commission were dictated by State Question 752, which gained overwhelming voter approval in November.

The Justices have set an oral argument before the entire court for  February 1, according to a Journal Entry filed today.

Sen. Clark Jolley, R-Edmond, a Senate author of the SQ 752, has previously called on Governor Brad Henry not to appoint a Justice forwarded to him by the Judicial Nominating Commission as constituted before recent appointments.

On Friday, Jolley had called on both Governor Brad Henry and Governor-Elect Mary Fallin to refrain from selecting a new Supreme Court Justice until the validity of the Judicial Nominating Commissions’ actions can be determined by the full Court.

“It would be unfortunate for a Justice to be selected for this important position only to have that subsequent procedure declared void and casting a cloud over that Justice’s appointment.  I ask Governor Henry and Governor-Elect Fallin to exercise patience and not rush to appoint a Justice until the court has had their oral arguments on February 1, at a minimum.”

Friday evening soon after 6:30 p.m., Governor Henry named District Judge Noma Gurich to the Court. She will replace the late Marian Opala.