Okla. Stat. tit. 85, § 1.2
Repealed
Effective Sep 1, 1993Laws 1977, HB 1228, c. 234, § 2, emerg. eff. July 1, 1978; Amended by Laws 1981, HB 1259, c. 256, § 1, emerg. eff. June 25, 1981; Amended by Laws 1982, HB 1600, c. 271, § 1, emerg. eff. July 1, 1982; Amended by Laws 1983, SB 305, c. 304, § 167, emerg. eff. July 1, 1983; Amended by Laws 1985, HB 1033, c. 321, § 4, emerg. eff. July 29, 1985; Amended by Laws 1986, SB 496, c. 222, § 2, eff. November 1, 1986; Amended by Laws 1987, HB 1457, c. 223, § 1, emerg. eff. July 1, 1987; Amended by Laws 1990, SB 830, c. 283, § 1, eff. September 1, 1990; Amended by Laws 1992, HB 2132, c. 294, § 1, eff. September 1, 1992; Amended by Laws 1993, HB 1447, c. 349, § 1, eff. September 1, 1993.
A. There is hereby created the Workers' Compensation Court which shall consist of ten (10) judges. Each judge of the Court shall be appointed to a designated numbered position on the Court. The positions shall be numbered one through ten. The initial terms of the judges by position number shall expire on the following dates:
Position 1 shall expire 7-1-84.
Position 2 shall expire 7-1-84.
Position 3 shall expire 7-1-84.
Position 4 shall expire 7-1-82.
Position 5 shall expire 7-1-82.
Position 6 shall expire 7-1-80.
Position 7 shall expire 7-1-80.
Position 8 shall expire 7-1-88.
Position 9 shall expire 7-1-88.
Position 10 shall expire 7-1-96 after being appointed under the provisions hereinafter set forth effective September 1, 1993.
Thereafter, each position shall be filled by a judge appointed to serve a six-year term.
Provided the judges serving unexpired terms on the State Industrial Court shall serve on the Workers' Compensation Court until their terms expire only as provided herein. The judges of the State Industrial Court whose terms expire March 14, 1979, shall serve in Positions 6 and 7 until that date, and the judge whose term expires March 14, 1981, shall serve in Position 5 until that date. Upon expiration of these terms, the Governor shall appoint judges to serve the remainder of the initial terms designated in this section. When a vacancy on the Court occurs or is certain to occur or for initial appointments to the Court, the Judicial Nominating Commission shall choose and submit to the Governor and the Chief Justice of the Supreme Court the names of three persons, in addition to the name of the incumbent judge, if any, for each appointment, each of whom has previously notified the Commission in writing that he will serve as a judge if appointed. The Governor shall appoint one of the nominees to fill the vacancy, but if he fails to do so within sixty (60) days, the Chief Justice of the Supreme Court shall appoint one of the nominees, the appointment to be certified to the Secretary of State.
- B. A judge of the Court shall have been licensed to practice law in this state for a period of not less than five (5) years prior to appointment. Each judge, before entering upon the duties of his office, shall take and subscribe to an oath of office and file the same with the Secretary of State. Each judge shall continue to serve until his successor shall have been appointed and qualified. A judge shall be eligible for reappointment, provided that he may be removed for cause by the Court on the Judiciary prior to the expiration of his term.
- C. Each judge shall receive a salary equal to that paid to a district judge of this state, and shall devote full time to his duties and shall not engage in the private practice of law during the term in office.
- D. The Governor shall appoint from among the judges of the Workers' Compensation Court a presiding judge of that Court who shall serve for a two-year term commencing with the initial appointment beginning January 1, 1987. Any judge so appointed shall not serve more than two times in succession. The presiding judge shall preside at all hearings held by the Court, preside at such meetings of the judges of the Court as may be necessary and perform such other supervisory duties as the needs of the Court may require. The presiding judge may designate one of the other judges to act as presiding judge in his place whenever necessary during the disqualification, disability, or absence of the presiding judge. During the disqualification, disability, or absence of the presiding judge, the acting presiding judge shall exercise all of the powers of the presiding judge.
- E. The Court shall have the authority to adopt reasonable rules within its respective areas of responsibility including the rules of procedure for the Court en banc, after notice and public hearing, for effecting the purposes of the Workers' Compensation Act. All of the judges of the Court shall be present at all meetings wherein rules are adopted or amended. All rules, upon adoption, shall be submitted to the Supreme Court, which shall either approve or disapprove them within thirty (30) days. All rules, upon approval by the Supreme Court, shall be published and be made available to the public and, if not inconsistent with the law, shall be binding in the administration of the Workers' Compensation Act.
- F. The Court is hereby designated and confirmed as a court of record, with respect to any matter within the limits of its jurisdiction, and within such limits the judges thereof shall possess the powers and prerogatives of the judges of the other courts of record of this state.
- G. The principal office of the Court shall be situated in the City of Oklahoma City in quarters assigned by the Department of Central Services. The Court may hold hearings in any city of this state.
- H. All county commissioners and presiding district judges of this state shall make quarters available for the conducting of hearings by a judge of the Court upon request by the Court.
- I. The judges of the Court shall determine the qualifications necessary for the job of Administrator. Said qualifications shall be submitted to the Chief Justice of the Supreme Court for approval, disapproval or modification.
- J. Judges of the Workers' Compensation Court may punish for direct contempt pursuant to Sections 565, 565.1 and 566 of Title 21 of the Oklahoma Statutes.
Laws 1977, HB 1228, c. 234, § 2, emerg. eff. July 1, 1978; Amended by Laws 1981, HB 1259, c. 256, § 1, emerg. eff. June 25, 1981; Amended by Laws 1982, HB 1600, c. 271, § 1, emerg. eff. July 1, 1982; Amended by Laws 1983, SB 305, c. 304, § 167, emerg. eff. July 1, 1983; Amended by Laws 1985, HB 1033, c. 321, § 4, emerg. eff. July 29, 1985; Amended by Laws 1986, SB 496, c. 222, § 2, eff. November 1, 1986; Amended by Laws 1987, HB 1457, c. 223, § 1, emerg. eff. July 1, 1987; Amended by Laws 1990, SB 830, c. 283, § 1, eff. September 1, 1990; Amended by Laws 1992, HB 2132, c. 294, § 1, eff. September 1, 1992; Amended by Laws 1993, HB 1447, c. 349, § 1, eff. September 1, 1993.