Justia Oklahoma Supreme Court Opinion Summaries

In the spring of 2018, People's Electric Cooperative and Oklahoma Gas and Electric Company (OG&E) submitted competing bids to provide retail electric service to the Tall Oak Woodford Cryo Plant in Coal County, Oklahoma. The Plant is located in People's certified territory, which grants them exclusive rights to provide electricity under the Retail Electric Supplier Certified Territory Act (RESCTA). OG&E's proposal relied on the Large Load exception to RESCTA, which allows a supplier to extend its service into another supplier's territory for large-load customers. OG&E used third-party transmission facilities to provide service to the Plant without extending its own distribution lines.The Oklahoma Corporation Commission enjoined OG&E from serving the Plant, finding that OG&E was not "extending its service" as authorized by RESCTA. The Commission determined that a retail electric supplier may not use third-party transmission lines to extend its service into another supplier's certified territory under the Large Load exception. OG&E appealed the decision.The Supreme Court of the State of Oklahoma reviewed the case and upheld the Commission's determination. The Court held that Article 9, Section 20 of the Oklahoma Constitution requires a limited review of the Commission's order. The Court affirmed the Commission's interpretation that the Large Load exception does not permit a supplier to use third-party transmission lines to extend its service into another supplier's certified territory. The Court's decision applies prospectively only and does not affect existing retail electric services and facilities established under the Large Load exception. View "OKLAHOMA GAS AND ELECTRIC CO. v. STATE" on Justia Law

Kelly Patrick Donaldson was convicted of second-degree rape in 2005 and became subject to the Sex Offenders Registration Act (SORA). At that time, SORA did not prohibit sex offenders from residing near parks. The Oklahoma Legislature later amended the law to prohibit sex offenders from living within 2,000 feet of a city park. In 2021, Donaldson sought to live in El Reno, Oklahoma, but was informed by the police that the property he intended to purchase was within 310 feet of a city park, violating the amended residency restrictions.The District Court of Canadian County granted summary judgment in favor of Donaldson, ruling that applying the 2019 residency restrictions to him violated the ex post facto clauses of the federal and state constitutions. The court found that the version of SORA in effect at the time of Donaldson's conviction should apply, which did not include the park residency restriction.The Supreme Court of the State of Oklahoma reviewed the case and reversed the lower court's decision. The court held that the residency restrictions in 57 O.S.Supp.2019, § 590(A) do not amount to punishment and therefore do not violate the ex post facto clause. The court determined that the legislative intent behind SORA was civil and regulatory, aimed at protecting the public and reducing recidivism, rather than punitive. Consequently, the current residency restrictions apply to all sex offenders, regardless of when they became subject to SORA. The case was remanded for further proceedings to determine whether Lake El Reno qualifies as a park under the statute and if the property in question falls within the restricted area. View "DONALDSON v. CITY OF EL RENO" on Justia Law

The State of Oklahoma sought to terminate the parental rights of Albert Parker, the natural father of J.O., a child who is a member of the Choctaw Nation. Parker was unaware of his paternity until genetic testing confirmed it in June 2022. The State filed a petition alleging that J.O. was deprived while in the mother's care, and the child was adjudicated deprived. Parker, who was incarcerated, had limited contact with J.O. and had not established a relationship with the child. The trial court terminated Parker's parental rights after a jury trial.The Court of Civil Appeals (COCA) reversed the trial court's decision and remanded the case for a new trial, finding that Parker's due process rights were violated and that the State was not required to comply with the Indian Child Welfare Act (ICWA) requirements. Both Parker and the State petitioned for certiorari review, which was granted.The Supreme Court of the State of Oklahoma reviewed the case and found that Parker's due process rights were indeed violated when the trial continued without his presence after his video feed was disconnected. The court also determined that the ICWA requirements apply in this case, regardless of whether Parker had a prior relationship with J.O. The court vacated the opinion of the Court of Civil Appeals, reversed the trial court's decision, and remanded the case for a new trial, ensuring compliance with ICWA and OICWA provisions. View "In re J.O." on Justia Law

The Attorney General for the State of Oklahoma, on behalf of the state, sought a writ of mandamus and declaratory relief against the Oklahoma Statewide Virtual Charter School Board and its members. The state argued that the board's contract with St. Isidore of Seville Catholic Virtual School, a religious charter school, violated state and federal law and was unconstitutional. The state contended that the contract violated the Oklahoma Constitution, which mandates that all charter schools be nonsectarian in their programs, admission policies, and other operations. The state also argued that the contract violated the federal Establishment Clause, which prohibits the state from using public money for the establishment of a religious institution.The Charter School Board had approved St. Isidore's application to become an Oklahoma virtual charter school and later approved its contract for sponsorship. The contract recognized certain rights, exemptions, or entitlements applicable to St. Isidore as a religious organization under state and federal law. The contract also stated that St. Isidore had the right to freely exercise its religious beliefs and practices consistent with its religious protections.The Supreme Court of the State of Oklahoma assumed original jurisdiction over the case. The court found that the contract violated the Oklahoma Constitution, the Oklahoma Charter Schools Act, and the federal Establishment Clause. The court held that St. Isidore, as a public charter school, was a governmental entity and a state actor. The court also held that the contract violated the Establishment Clause because it allowed for the use of state funds for the benefit and support of the Catholic church and required students to participate in religious curriculum and activities. The court granted the extraordinary and declaratory relief sought by the state and directed the Charter School Board to rescind its contract with St. Isidore. View "DRUMMOND v. OKLAHOMA STATEWIDE VIRTUAL CHARTER SCHOOL BOARD" on Justia Law

The case involves the Edmond Public Schools (the Petitioner) and the State of Oklahoma, the State Board of Education, and the State Superintendent of Public Instruction (the Respondents). The Petitioner filed an application for the Supreme Court to prevent the enforcement of rules by the Respondents. These rules were to be used in enforcement proceedings against the school district before the State Board. The Petitioner argued that the State Board lacked the authority to supervise, examine, and control a local school board's discretion in supplying books for a school library that meet local community standards.The State Board of Education had publicized proposed rules for school library media programs, which included prohibitions on pornographic and sexualized content for books and other media. The Board adopted these rules, citing the Oklahoma Constitution and state statutes as their authority. However, the Oklahoma Attorney General issued an opinion stating that the proposed rules were not based on a specific grant of legislative authority, which was necessary for the Board to create these rules. The Legislature passed a resolution that did not expressly approve or disapprove the State Board's new rules. The Governor later issued a Declaration stating that the proposed rules for the State Department of Education were not subject to the joint resolution and approved these proposed rules as permanent rules for the State Department of Education.The Supreme Court of the State of Oklahoma assumed original jurisdiction, in part, over the controversy. The court held that state statutes give a local school board power and a type of statutory discretion to supply books for a school library that meet local community standards. The court also held that no statute gives the State Board of Education, State Department of Education, and Superintendent of Public Instruction the authority to supervise, examine, and control a local school board's exercise of this discretion when the local school board applies local community standards for books it supplies for a local school library. The court issued a writ of prohibition to prevent additional enforcement proceedings against the school district based on the respondents' objection to the presence of certain books in the local school library. The court denied the petitioner's request for declaratory and injunctive relief. View "INDEPENDENT SCHOOL DISTRICT NO. 12 v. STATE" on Justia Law

The Supreme Court of the State of Oklahoma reviewed the termination of parental rights of Victoria Rodriguez and Everardo Rodriguez, Sr., parents of four children who were adjudicated deprived. The children were removed from their parents' custody following allegations of severe sexual abuse against the eldest daughter, M.R., by her father over a two-year period, and the mother's failure to protect the children from this abuse.The District Court of Oklahoma County terminated the parents' rights after a jury trial. Both parents appealed separately, and their appeals were considered together in this opinion. The mother argued that the Indian Child Welfare Act (ICWA) was unconstitutional as it denied her equal protection under the law. However, the court found that she lacked standing to challenge the constitutionality of ICWA. The court also held that the trial court did not violate her right to equal protection under the law by failing to apply a heightened burden of proof under ICWA.The father argued that the trial court erred by not making certain required findings under federal and state law and by granting the State's Motion in Limine. The court found that the trial court did not err in these respects. The court affirmed the trial court's orders terminating the parental rights of both parents. View "In the Matter of M.R." on Justia Law

This case, decided by the Supreme Court of the State of Oklahoma, involved a dispute between the Governor of Oklahoma and the state's legislative leaders. The Governor sought a declaration that the legislative leaders did not have the authority to pass two bills related to Tribal compacts on behalf of the state.The case has its roots in previous US Supreme Court decisions that allowed Oklahoma to tax tobacco products sold on Indian lands to non-tribal members and to enter into agreements with tribal nations regarding these taxes. Following these decisions, Oklahoma's governor negotiated and entered into compacts with tribal nations regarding excise taxes on tobacco products and motor vehicle licensing and registration fees.The current dispute revolves around compacts negotiated in 2013. The Governor argued that the legislature lacked the authority to pass two bills extending the expiration of these compacts, alleging that the bills were the product of an unlawful concurrent special legislative session, that they violated the separation of powers by exercising powers that belong to the Executive branch, and that they contradicted his exclusive authority to negotiate state-tribal compacts.The court held that the legislature had the constitutional authority to consider the bills during a concurrent special session, and that the legislation did not exceed the call of the special session. The court also held that the Governor's authority to negotiate state-tribal compacts is statutory, not constitutional, and that the passage of the bills was not an infringement on the Governor's statutory authority to negotiate and enter into state-tribal compacts. Therefore, the court denied the Governor's request for declaratory relief. View "Stitt v. Treat" on Justia Law

The appellants in this case filed an action to permanently enjoin enforcement of five Acts of the Oklahoma Legislature. Each Act concerned the termination of a pregnancy. The appellants' challenges were based upon Oklahoma law and not federal law. They argued there was a constitutional right to terminate a pregnancy under the Oklahoma Constitution. The trial court denied a temporary injunction on three of the Acts, which was the basis of this appeal. The Oklahoma Supreme Court granted a temporary injunction pending appeal, vacated the trial court's order denying temporary injunction, directed it to grant a temporary injunction and remanded the matter for further proceedings on the merits. View "Oklahoma Call for Reproductive Justice v. Drummond" on Justia Law

Howard Berkson, Esq. ("Lawyer") filed an action to challenge a ten-dollar fee collected for the Lengthy Trial Fund ("LTF") when a new case is filed. State defendants the administrative director of Oklahoma Courts and other district court clerks, all moved to dismiss. The Tulsa County District Court granted the two motions to dismiss and Lawyer appealed. The Supreme Court ultimately concluded Berkson's petition failed to state a claim that 28 O.S. § 86 was an unconstitutional special law and the trial court properly granted the two motions to dismiss filed by the two defendants. View "Berkson v. Oklahoma ex rel. Administrative Director of the Courts" on Justia Law

Petitioners filed this original proceeding objecting to two pieces of legislation passed by the Oklahoma legislature during the 2022 legislative session: S.B. 1503 and H.B. 4327. Both acts prohibited abortion after certain cutoff points while providing for a civil enforcement mechanism; both acts prohibited enforcement by the State, its subdivisions, and its agents--instead, the bills created a cause-of-action maintainable by any person for performing, or aiding and abetting the performance of, an abortion in violation of the acts. Petitioners challenged the bills on many grounds, but the Oklahoma Supreme Court did not address them here. The Court held both bills were unconstitutional; the Court found it unnecessary to address the Petitioners' request for injunctive relief and/or writ of prohibition or Respondents' claims that Petitioners did not have a justiciable claim against them. Petitioners' request for injunctive relief and/or a writ of prohibition was denied. View "Oklahoma Call for Reproductive Justice v. Oklahoma" on Justia Law