HEMPHILL v. HARBUCK
2014 OK 24
| Okla. | 2014Background
- Hemphill, an Oklahoma inmate, filed in Atoka County District Court in 2012 to change his name to Apokalypse God Allah.
- The trial court stayed proceedings pending notice to the OSBI and a related federal action, and denied the name change on July 26, 2012.
- Hemphill moved between facilities and the hearing was attempted to be transferred; transfer never occurred because Hemphill did not request it.
- Hemphill filed a Petition for Writ of Mandamus and Application to Assume Original Jurisdiction with this Court on July 16, 2013; this Court directed the district court to hear relief claims.
- The December 12, 2013 order denied the change, citing deficiencies in notice and Hemphill’s appearance; the record also raised issues about local Twenty-Fifth Judicial District rules and publication.
- The Supreme Court granted the application and mandamus, directing the trial court to permit Hemphill to testify by telephone or suitable electronic means; the decision did not grant the name change itself.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether inmate testimony by telephone is permissible in a name-change proceeding | Hemphill argues for telephonic testimony as necessary for access to courts | Defendant asserts notice defects and traditional in-person appearance requirements | Yes; tribunal must allow telephonic/electronic testimony for the record |
| Whether the court should grant mandamus and assume original jurisdiction to direct telephonic testimony | Hemphill seeks mandamus to compel telephonic testimony and proceed | Respondent argues discretionary vs. mandatory actions and proper notice | Application to assume original jurisdiction and writ of mandamus granted |
| Validity of Twenty-Fifth Judicial District local rules given publication requirements | Not explicitly stated | Local rules not published, thus potentially invalid | Local Twenty-Fifth Judicial District rules invalid and unenforceable for lack of publication |
Key Cases Cited
- Johnson v. Scott, 702 P.2d 56 (Okla. 1985) (allows deposition/alternative testimony when prisoner cannot testify in person)
- Harmon v. Harmon, 943 P.2d 599 (Okla. 1997) (permits arrangements for inmate participation in hearings in civil actions)
- Harris v. State ex rel. Macy, 825 P.2d 1320 (Okla. 1992) (limits on access to courts in certain civil proceedings involving inmates)