Fent v. Henry
2011 OK 10
| Okla. | 2011Background
- Fent petitioned original jurisdiction challenging State Question No. 752, Legislative Referendum No. 352, concerning amendments to Art. 7-B, §3 of the Oklahoma Constitution.
- SQ 752 added two at-large members and expanded the Judicial Nominating Commission from 13 to 15 members, with new qualification limits for lay members and appointments by Senate President Pro Tempore and House Speaker.
- The ballot title/measure framed as an amendment, not repeal, and the amendment purportedly reflected 1967 congressional districts in effect at that time.
- Following the 2010 amendment, several incumbent commissioners who failed the new lay-member qualifications resigned and were replaced; two at-large members were not sworn until February 9, 2011.
- Petitioner sought to stay Commission actions and challenged composition and validity of the Commission under the amended §3(e) and related provisions.
- Court assumed original jurisdiction and held SQ 752 amended, not repealed, §3, and that Commission actions were valid when decided by a majority of its members.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether SQ 752 amended or repealed Art. 7-B, §3. | Fent argues the measure repealed §3. | Henry contends it amended §3. | SQ 752 amends, not repeals, §3. |
| Whether the Commission’s decisions are valid given the amendment and timing of appointments. | Fent asserts post-amendment vacancies and retroactivity issues undermine validity. | Henry argues majority rule and contemporaneous actions validate decisions. | Commission decisions valid when decided by a majority of the members in office. |
Key Cases Cited
- Davis v. CMS Continental Natural Gas, Inc., 2001 OK 33 (OK.Supreme Ct. 2001) (repeal by implication limitations; general principles of statutory interpretation)
- Board of Com'rs of Tulsa County v. Oklahoma Tax Comm'n, 1949 OK 258, 212 P.2d 462 (OK. 1949) (amendments as continued continuation; re-enactment principles)
- Latting v. Cordell, 1946 OK 217, 172 P.2d 397 (OK. 1946) (self-executing constitutional provisions; when operative without legislation)
- American Ins. Assoc. v. State Indust. Com'n, 1987 OK 107, 745 P.2d 737 (OK. 1987) (interpretation of amendments and concurrent authorities)
- Garrotto v. McManus, 185 Neb. 644, 177 N.W.2d 570 (Neb. 1970) (vacancies in newly created offices; appointment timing)