*1 evidence, supported by substantial then we
must affirm. PETUSKEY, Tom Clerk of the District County, Court and for Oklahoma undisputed facts reveal that the Pet- Oklahoma, Petitioner, day tit letter was mailed on last participate. interest could elect to Pettit Samson did not mail notice to TXO CANNON, Judge Joe of the District 27, 1982, that date. About October Sam- Court in and for Oklahoma agreement son entered into a verbal Oklahoma, County, Respondent. acquire Pettit to his interest in the land 68671. No. Although supply. common sources of question concerning there is no whether or Oklahoma. acquired interest, not Samson Pettit’s July 1987. question no de- apparently about Samson’s participate, sire letter received accomplish
TXO was sufficient
election. The letter admits that Pettit acres, present ownership forty so
he has no as owner to elect. acting
letter makes no claim that Pettit is Samson, impli- behalf fact the
cation in letter is otherwise. The letter Pettit,
does not bind nor does it bind Sam- though
son. testimony there is some
indicating acting that Pettit was on behalf Samson, there is a substantial basis of
facts from which the Commission could
reasonably determine that did letter
not constitute an election either Samson
or Pettit. Therefore we must affirm the
Corporation Commission’s order number
The order of the Corporation Commission
is affirmed.
DOOLIN, C.J., V.C.J., HARGRAVE, HODGES, LAVENDER, ALMA JJ., KAUGER,
WILSON and concur. JJ., OPALA,
SIMMS and concur
result. *2 becoming Presiding
After Judge on Janu- 1,1987, ary Respondent issued Administra- AD7-87-6, directing tive Order No. “no-file” bonds be returned to bondsmen Dodd, Craig Craig Dodd James & Associ- Judge, by the and exonerated. “No-file” ates, Enid, petitioner. bonds ones where no criminal informa- *3 tion filed. Gen., Henry, Atty. Lead- Robert H. Neal er, Dickerson, Attys. Susan Stewart Asst. 16, 1987, On March Respondent entered Gen., City, respondent. Oklahoma two administrative orders. No. AD7-87-19
directed immediately assign Petitioner to deputy court SIMMS, the Juvenile Bureau Justice: basis; a full time No. AD7-87-20 forbad Original proceeding wherein the Court attempting Petitioner from to collect court County requests Clerk of Oklahoma from costs formally landowners who de- original jurisdiction Court to assume and manded trial condemnation cases. prohibition against issue and mandamus Respondent issued Or- Presiding Administrative Judge Administrative of ders AD7-87-24 on April and Counties. This dis- Oklahoma-Canadian Both dealt with the extent of the Presiding court’s pute arose because of authority County over the Oklahoma Dis- Judge’s issuance of certain administrative appointed trict Court Clerk his depu- and directly orders which affected Oklahoma ties. Both were May withdrawn on County clerk personnel. 1987, by Administrative Order AD7-87-31. scope Because the extent of ad- and By AD7-87-30, Order Administrative authority of the ministrative Administra- 11, 1987, May Respondent dated directed Judge tive over Court Clerks and their that employees court clerks are disagree- has become a matter control, Clerk his and ment in counties other than Oklahoma except regularly for those are who as- County, because authority and of the signed to a Judge, who shall under the be Judge and Court Clerk judge, their assigned exclusive control of defined, must clearly be more we assume hours, duties, reporting, responsibili- as to original jurisdiction opinion and issue this ties, and vacations taken. He question for the reason affects a vital further ordered relationship judicial within the service. be selected to serve for a with- approval Judge. out I. Respondent, by Petitioner asserts that office, Shortly taking Petusky after Tom Orders, unconstitutionally infringed these (Petitioner), duly elected District Court duties, statutory Petitioner’s obli- County, Oklahoma, Clerk for Oklahoma in- gations and privileges. stigated attempt, by means of a form letter judicial hearing, and waiver of fees,
collect II. costs and fines cases before the court. (Respon- Honorable Joe Cannon OF POWERS AND AUTHORITIES dent), Presiding Judge of the Adminis- AND ADMINISTRATIVE JUDGE trative District the Seventh Judicial Dis- DISTRICT COURT JUDGE “summarily trict moneys rescinded” the Cannon paid had ordered in felony and The issue the Court whether before 1983-86, misdemeanor cases for which the District Court to the Clerk were involved Presiding collection effort. administrative of the Thereafter, date, Respondent and to contin- of his Judicial Administrative Dis- ordering ued simply, Petitioner to refrain from Put trict. more whether the court attempts such to collect fines through clerk is under the direction and use of a waiver of hearing. so, if what extent. analysis “Subject only rules, beginning point of this to the orders statutes, Supreme the Oklahoma Constitution directives Court or the give Justice, powers they Presiding Judge relative Chief shall and the general Art. district court clerks. VII have supervision for a uni- over all courts Oklahoma Constitution within the management under system judicial judicial personnel district and over all fied Supreme and court serving Court. Sec- officials the district. juris- Article sets forth that tion of that judicial personnel “All and court officials diction of the Court extends to a within a administrative district in- general superintending control over all rules, comply shall with the orders and ferior courts. Sec. 6 then vests the Su- Presiding Judge.... directives of the preme general, Court in and the Chief Jus- Presiding Judge promptly shall re- general particular, administra- tice port to the Chief Justice instance of state, in tive over all courts in the noncompliance occurring judi- with in the *4 accordance with its rules. by judi- cial administrative district either (E.A.) personnel cial or court officials.” Supreme given complete
The Court O.S.1981, 1, 2, statutory authority promulgate in Chapt. App. rules 20 Rule 2. O.S.1981, 20 24: § These references to administration “Nothing impliedly herein shall limit judiciary of courts make it clear the has rulemaking authority Supreme which the authority manage exclusive its own af inherently has or has virtue of parte fairs. Ex Auditor Public statutory provisions.” other Accounts, Ky., 682, (1980). 609 685 S.W.2d purpose unitary system judicial of a Art. VII of the Oklahoma Constitution management is to centralize the adminis Beginning also establishes district courts. power judicial system trative of the entire 7, with Sec. each district shall have Court, Supreme make Chief court, one district which shall have such the administrative head of Justice all prescribed by number of statute. Workman, W.Va., Rutledge courts. v. 332 state then divided into Judicial Ad- 831, (1985). Justice, S.E.2d 834 The Chief Districts, VII, pursuant ministrative to Art. turn, Rule, delegated, by in this Court’s Sec. 10. Each one consists of one or more to the Administrative (b) district court districts. Part supervise judicial personnel in all provides that section for the election of the district. Presiding Judge by the District and Associ- Judges ate District of each Judicial Admin- Turning clerk, to a district court (b) istrative specifies District. Part further delineates the clerk Oklahoma Constitution “[sjubject to the of the Su- Const., as a officer. Okla. Art. Court, preme Presiding Judge shall XVII, Sec. 2. A statute then general have county. election of a court clerk to each
the Judicial Administrative District ...” O.S.1981, provi- these 19 § sions, “Counties,” codified under do not 20, O.S.1981, Title 23 authorizes this mean the court clerk has the to exer- Court, Presiding and the cise discretion over the adminis- unbridled Judge, adopt are rules that calculated to tration of his office. bring speedy about “a more and efficient justice,” administration where not incon- acknowledged, in his Petitioner both Re- sistent with Supreme the Rules of the Response ply Respondent’s to Petition- Court. Application Original er’s Assume Juris- argument, in his oral Finally, through diction and rule-making its ultimate authority, Judge to control this Court has of the Administrative promulgated Rule 2, Courts, on the court clerk in certain matters. While some Administration of which legal reiterates the in supervi- administrative and scholars would vest this sory authority Court, Presiding Judge. powers It the inherent we reads, pertinent part: theory. choose to follow another 12 sets Title of the Oklahoma Statutes Administrative District in his powers of many of the forth duties Judicial Administrative per- District in the particular Sec. court clerk. 35 district formance his ministerial functions. pertinent specifies, part, that “[t]he
clerks of
of the courts shall exercise
each
III.
imposed
duties
ADMINISTRATIVE JUDGE’S POWERS
them the statutes of this state and
OVER COURT CLERK ARE NOT
(E.A.) A
law.”
the common
UNLIMITED
is, therefore, clearly
by com-
bound
though
con-
law.
common law has
a court clerk is
mon
Oklahoma
control,
cannot,
sistently referred to
court clerk as an
the court’s
the court
court,
primary merely by
general
or arm of the
officer
whose
reason of the
relation
Matney
function is ministerial
nature.1
which exists between the court and its
737,
(1908),
93
King,
clerk,
v.
20 Okl.
P.
pursu
actions the
takes
(clerk of
district court is an
officer
giving
person
ant to a statute
a court clerk
such);
court,
recognized
to be
Ram
according
al
to exercise
to his
(1908),
v.
Therefore, an we conclude the District “judicial personnel” Court Clerk is court clerk in Oklahoma the district statutory term is used 2 of au- Rule Administration of are likewise limited Courts, supra. 19. 19 thority given He is an arm of the court clerks Title ministerial, O.S.1981, 162, gives whose duties are the district court except for sec. discretionary provided appoint regular spe- those and duties stat such, As ute. the Court Clerk is cial to fix their salaries and deputies, 180.65(A) Supreme Court, compensation. the control that and the Sec. regu- supervisory passed control it has court clerk shall have such down to district Hereinafter, discretion, judgment 1. the term "ministerial” is or skill.” Black’s Law Dic- used tionary, 5th mean which ed. "That is done under the superior; of a ... That which obedi- involves instructions, 21-35.1, 51-52, 54, 61-68, special ence but 71. demands no 2. Title §§ thereupon the same help, judgment docket and deputies, or other lar or technical ascribe, shall for the en- may at remedies be available the clerk title whatever judgment as the clerk forcement of said as are avail- salary pay such rates of, any judgment creditor.” need able to other may establish (B) approve. Part of that excise board clearly These statutes establish Pe part, that pertinent provides, section “[a allegation Respondent that im titioner’s designate... .a shall district court clerk] properly interfered with Petitioner’s collec who shall deputy or assistant or chief first The district tion efforts is unfounded. duties of such chargeable all the to act in a court clerk has officer, subject to the di- while principal capacity payment demand same_” rection of the fines, costs, fees until there been Judge’s adjudication person pay. Clearly, the administrative fines, costs are clerk of the dis once the fees or supervise the collection, discharge ripe of his ministe the clerk should not be trict court in the discouraged collecting from the overdue not include the rial duties does deputy, out moneys. pointed hired as a It should be dictate who shall be compensation. Clerk civil cases is authorized at what rate of O.S.1981, statute to tax costs. 12 conclude, therefore, that the District We has the to choose Court Clerk V. addition, ego” deputies.
“alter responsibility to shall have ultimate Clerk RETURN OF NO-FILE BONDS assistants, in- approve payroll of his 1332(E) 59, O.S.Supp.1987, Title cluding setting pay, their rate of charge a provides that the court clerk shall restrictions, as their budgetary as well va- filing initial fee “for the bond $5.00 cation times. part defendant.” This is or release of statutory provisions regarding bond IV. pending in cases before the forfeitures FINES, COLLECTION OF FEES It does not address the situation court. AND COSTS *6 the rather which bail is taken exclusively The assessment a fine clerk. than the court adjudicative judge, function of a and not Judge though a is authorized to O.S.1981, seq. 22 et the court clerk. § bail, cause the bond to be accept he must Furthermore, 22, O.S.1981, pro- Title 983 § Court, who is filed with the Clerk vides that: There- authorized to assess a fee. $5.00 pay “In a sentence to a fine no case fore, Respondent exceeded his jail be converted into a sentence automat- regard to AD-7-87-6. with i.e., ically, hearing judi- and a without a determination, cial memorialized of VI. record, that the is able to sat- defendant isfy by payment the fine and costs but IN OF COURT COSTS ASSESSMENT neglects refuses or so to do.” PROCEEDINGS CONDEMNATION Okl.Cr., Turner, Rutledge v. 495 P.2d O.S.1981, 11 38- to Pursuant § (1972). 111(B), in procedure to be followed the O.S.1981, charges Title 19 215.4 in condemnation cases acquiring property § Attorney, duty prose- District with the procedure is the same by eminent domain cuting such matters for collection. More- companies in for railroad Title prescribed over, O.S.1981, provides, in rele- provides, pertinent § in 66. 66 O.S.1981 55§ part: vant (a demanding jury) part, party that “[i]f “If does not recover a verdict more favor the defendant is without means to trial fine, costs, pay to him than the assessment of fees the total able commissioners, costs in the district amount owed shall be entered all against orderly him.” essential to the opera- This may be taxed efficient costs tion of the court. assessment of forth the statute sets pertain not to It does a verdict. after -prepayment jury demand relief from VIII. fees, required by O.S.Supp.1987, original By assuming jurisdiction in this Therefore, Respondent exceeded 152.1.3 dispute, we do open not extend an invita- statutory authority with Administrative his judge-clerk tion have disputes all conclude it is dis- Order AD7-87-20. We brought before this litigation. Court for protection criminatory unequal Const., VII, Okla. Art. establishes an for a trial for prepayment assess a fee Courts, Director who cases,
parties certain condemnation in ego acts as the alter of this admin- requiring while it in other condemnation istrative matters. The Administrator is the cases. right arm of the Chief Justice adminis- very strongly suggest
trative matters. We
disputes
VII.
such as those addressed
arise,
opinion
in this
the matter should be
CONTROL
SUPERVISORY
presented to the Administrative Director of
OVER DEPUTIES
legal
the Court
staff for resolution
has been
that the dis
It
established
process.
to adjudicative
before resort is had
hire
trict court
has the
appeals
This Court is overburdened with
deputies
the functions and
resulting
explosion
from the recent
in liti-
duties of the clerk.
gation.
suggest
We
that administrative
hiring
the clerk to exercise discretion
expedite
channels can
to these
solution
deputies
against
con
must be balanced
problems
types
speedily
more
than the
a unified
inte
stitutional mandate of
filing
another lawsuit.
grated judicial system. To further the or
derly
justice, judges
administration of
IX.
require
be able to establish and
clerks
CONCLUSION
qualification guidelines
follow
assigned
unified, organized
who are
assist
judge.
In order to
have
Judges may
Oklahoma,
reject
assignment of a
judiciary
there must be one
designated
Judge,
apex:
serve the
at the
the Chief Justice of
individual
however,
Judge
Supreme
Through
has no
to inter
Court.
fere
statutory duty
Clerk’s
to in
vested
Okla-
statutes,
dependently
deputies.
hire or fire his
it
homa Constitution
passed
adminis-
down the
for the
Furthermore, the Administrative
of district
to the Administra-
tration
courts
degree
must have some
of control
Administrative Judicial
tive
of an
*7
day-to-day operation
of the clerical
authority
for the
District. This
is essential
personnel while
they are
attendance
orderly operation
justice.
A judge
right
court.
does
have the
matters,
the District Court
ministerial
work,
to
deputy
tell his
to
when
come to
serving
is
Clerk
his
judge
but the
does have the
tell
Judge.
Administrative
of the
him when to be in
judge’s
or
chambers
disagree
partic-
though he
judge may
courtroom. The
deputy
tell his
Judge, he
of the Administrative
ular order
his
completed
when
duties are
for the
to follow it in ministe-
has no discretion but
day, but not when
deputy may
leave
rial matters.
Furthermore,
the courthouse.
it is
duty
of the clerk to
of the Administra-
judge
furnish a
neces
sary personnel
judge
Judge
it
deems
tive
are not without limitation.
O.S.Supp.1987,
perti-
3. 28
forth in
... 6. When
152.1
[set
fee
part:
(E.A.) Again,
requested
nent
"...
the clerk
$30.00.”
shall collect the
...
charges
following
collecting
[filing]
given
in addition
no discretion
fee.
flat
omnipotent,
Judge
agree
is not
insofar as the
I would
that
if the Court Clerk
assign
refused to
deputy
clerk is concerned. He has no au-
court
court
clerk to a
upon request
directives,
judge
of the
thority
guise
to issue
under the
having
one,
or
orders,
arbitrarily
furnished
of administrative
which contravene
removed the
against the wishes of
given
statutory authority
to the district
judge,
supplied
judge
with an
court clerk.
incompetent
that,
in these instanc-
ORIGINAL JURISDICTION ASSUMED.
es,
judge
of the
to control his
OF
PETITION FOR WRIT
MANDA-
court and to see that the business of the
GRANTED
MUS/PROHIBITION
IN
judicial department
expeditiously
done
PART, DENIED IN PART.
unnecessary
and without
delay or interfer-
others,
by
permit
ence
would
the issuance
HARGRAVE, V.C.J.,
HODGES,
appropriate
directive orders
the Ad-
SIMMS,
WILSON,
OPALA and ALMA
Judge
Clerk,
ministrative
to the Court
JJ., concur.
problems.
correct such
The above con-
cerns were involved in Rutledge v. Work
LAVENDER, J., dissents.
man,
(W.Va.1985).
If I
writing
were
was void as not authorized
either
for the court I
would
statute or
the inherent
confine the
the Administrative
interesting
court.
It is
that in
“in-
Geers
over the Court Clerk to those in-
power”
herent
of a court was confined to
stances where the Court Clerk has failed to
“(the power)
things necessary
to do
act,
or is acting in such a manner as to
(which are)
justice
administration of
...
effectively thwart
the administration of
reasonably necessary
preserve
justice
operation
or the
of the courts.
protect
court’s existence and
it in the order-
These
where,
would be instances
ly administration of its business....”
Hirsck v. Twyford, 40 Okl.
notice nor the hearing for a need be afforded the court clerk or his OPALA, Justice, concurring. deputies judicial if a command calls for the Although I generally concur performance of a ministerial act.6 pronouncement, court’s my I offer own management Personnel of human re- analysis in hope of providing some payroll sources on the clerk’s depu- as his easy-to-follow guidelines for a more har- ties is not ministerial but rather an monious interaction of the court clerk with executive function dischargeable by presiding judge judicial adminis- capacity as a official. trative district —the two constitutional judge’s Courtroom stand under a of- 1 now locked in combat for the con- direct exclusive only for so ficers management trol of certain functions in the long are actually they performing as operations courtroom, judge’s district court. duties within 2.According 1. Both has selected the ing py reassigned employs actually conducts the interviews and when he clerk could be. of a constitutional office. Art. Const., It is office of court; istrative district. with the clerk judge participates occurs for a courtroom difficult to see becomes Art. 7 officials creates the office of clerk that individual. presiding judge eligible petitioner’s replaced. 10(b), Okl.Const., person serving claim that how more for a merit in each he If When a courtroom brief when an him pay desires, they cooperative establishes the raise decision. of the district §17 pay are holders person the clerk increase 2, unhap- admin- judge open- Okl. 3. Court Fund 5. Barrett v. their staff members used to 313 737, resources connection, P.2d Okl., agency. [1952]; [1971]. Trimble v. 165 Okl. Persons who are not [1913] 745 [1908]. 875, 606 P.2d Hirsch v. regulate Judicial 45, 877 [1976]. Brown, Barrett, Earl v. Tuba 25 P.2d Sterling Co. v. Refining 545, Matney King, Tuba rule-making power Twyford, Okl., 207 Okl. may 312, activities of an executive County serving [1980] 488 P.2d service. 320 [1933]. not be County v. 234, and State ex rel. Okl. Cook, Okl., managed Dist. See in this 1217, cannot be Walker, or 93 P. 557 as P. 10(b), Barrett, 2. Art. supra Okl.Const. 6. Barrett v. note 5. *9 chambers, some must room or other nonetheless be utilized a manner directly that does invade space courthouse controlled not clerk’s man- deputies agerial judges. prerogative These remain under like any over human re- ministerial they employ control are on a sources in his when as a official. pursu- mission the courthouse elsewhere
ant to judge’s direction. powerless
Judges pure to exercise any
managerial the court (a) not: They deputies. may
clerk’s choose deputies assigned who are (b) service;
them for courtroom dictate to salary either terms or SPENCER, By Isaiah Daniel a minor payroll other deputy benefits a courtroom Through guard his mother and natural (c) specify period is to time receive and ian, SPENCER, Paula and Paula deputy may a courtroom on be off vacation Spencer, Individually, Appellants, leave. v. may, without advance presiding judge A SEIKEL, Mike R. M.D. Fenton hearing, M. notice or direct the court clerk [a] M.D., Sanger, Appellees. assign deputies, needed, courtroom as duty for individual [b] No. 63310. regulate, authorize each Supreme Court of Oklahoma. given day, assigned the time report courtroom is to for service July 21, 1987. and to return to the court clerk’s office. A Rehearing Sept. Denied deputy is deemed to be under exclusive control of the court clerk both before he daily enters courtroom as- after signment duty. short, quantum judi- of control the
ciary may exercise over the court clerk’s with, vary
office to, and be tailored performance function whose is to be personnel
exacted. ordered for
assignment be tem- duty may to courtroom
porarily requisitioned supervised needed resource long for so as their service to the judiciary is termed essen-
tial; deputies but these may be cho-
sen for hiring, slated firing for or other-
wise if they treated as were staff
persons. be, If presiding judge need
direct a courtroom be relieved duty unacceptable for job performance person
and that a with adequate skills be
assigned replacement. Although de-
ployable to the full necessary extent performance of the court’s constitution-
ally mission, mandated courtroom judiciary1s
7. The constitutionally County invested cussed in Little Excise Board Mar provide itself with resources essential for the County, shall Okl. 16 P.2d performance of duties the courts are command [1932]. carry ed our fundamental law to out is dis