Okla. Stat. tit. 10A, § 2-2-702
Referees
Effective May 21, 2009Added by Laws 1995, HB 1978, c. 352, § 141, emerg. eff. July 1, 1995; Amended by Laws 2009, HB 2029, c. 234, § 62, emerg. eff. May 21, 2009 (superseded document available); Renumbered from 10 O.S. § 7303-7.5 by Laws 2009, HB 2029, c. 234, § 183, emerg. eff. May 21, 2009.
- A. Any judge who is assigned to hear juvenile cases in counties having a population in excess of eighty thousand (80,000), and where county funding is available, may appoint a suitable person or persons to act as referee or referees, to hold office at the pleasure of the judge. Such referees shall be lawyers and shall be specially qualified for their duties. Reasonable compensation shall be fixed by the presiding judge of the administrative district.
- B. All referees are subject to the administrative authority and assignment power of the chief judge of the juvenile court of the county. No referee may hear a contested trial, hearing, motion or petition if a party or attorney for a party objects in writing to the assignment of a referee to hear the matter. The duties and powers of referees shall be to hear and report all matters assigned by the chief juvenile judge and to recommend findings of fact, conclusions of law, temporary and interim orders, and final orders of judgment. All recommended orders and findings of a referee shall be subject to confirmation by the judge.
C.
- 1. Upon the conclusion of the hearing in each case, the referee shall transmit to the judge the recommended findings and orders in writing. The recommended findings and orders of a referee become the findings and orders of the court when confirmed by the judge. The order of the court shall be proof of such confirmation and also of the fact that the matter was duly referred to the referee. A copy of the order entered by the referee shall be served upon the parties and counsel without delay or as provided in Section 696.2 of Title 12 of the Oklahoma Statutes.
- 2. A rehearing by the judge shall be allowed if any party files a written motion for review or upon motion by the court within three (3) judicial days after notice of the order of the referee. The motion for review shall specify the grounds for review and the specific provisions of the recommended findings or orders disputed and the court, upon receipt of a motion for review, shall set a time and place for a review hearing. The objecting party shall serve the motion for review and notice of hearing upon all parties to the action. Failure to timely file the motion for review shall waive any and all objections to the findings and order of the referee and said order shall become the decree of the court.
- 3. The court shall accept the findings of fact of the referee unless the findings are clearly erroneous. The court, after a hearing, may adopt the report, modify the report in whole or in part, receive further evidence, or recommit the report with further instructions.
D. All orders and findings recommended by a referee become an effective order when countersigned by the court and remain effective during the pendency of a review, including a remand to the referee, unless the court:
- 1. Expressly stays the effect of the order;
- 2. Changes the order during the pendency of the review; or
- 3. Changes or vacates the order upon completion of the review.
Added by Laws 1995, HB 1978, c. 352, § 141, emerg. eff. July 1, 1995; Amended by Laws 2009, HB 2029, c. 234, § 62, emerg. eff. May 21, 2009 (superseded document available); Renumbered from 10 O.S. § 7303-7.5 by Laws 2009, HB 2029, c. 234, § 183, emerg. eff. May 21, 2009.