JORDAN v. OKLAHOMA STATE ELECTION BOARD

2014 OK 74, 334 P.3d 940, 2014 WL 3697373, 2014 Okla. LEXIS 95

Opinions

ORDER

Original jurisdiction is assumed. A writ is hereby issued, prohibiting Judge Bernard Jones, or the judge assigned to Kunzweiler v. Oklahoma State Election Board, et al., Oklahoma County District Court Case No. CV-2014-1055, from proceeding further with this cause. The Oklahoma Constitution, art. 5, § 23, prohibits a legislator from taking public office during the term of a Legislature which has voted to increase the emoluments for that office. The prohibition is inapplicable to a public office incapable of commene-ing until after the conclusion of the legislator's term. Petitioner's legislative term will end on November 19, 2014. The term of the new district attorney of Tulsa County will begin on January 5, 2015, 51 0.8. § 1.

DONE BY ORDER OF THE SUPREME COURT THIS 25TH DAY OF JULY, 2014.

KAUGER, WATT, WINCHESTER, EDMONDSON, GURICH, JJ. concur. TAYLOR, J. dissents with notice by separate writing. COLBERT, C.J., COMBS, J., not participating. REIF, V.C.J., recused.