Oklahoma Publishing Co. v. Martin

Supreme Court of Oklahoma

Oklahoma Publishing Co. v. Martin

1980 OK 153, 618 P.2d 944, 1980 Okla. LEXIS 362

CourtSupreme Court of Oklahoma

DecidedOctober 14, 1980

DocketNo. 55191

StatusPublished

This text of 1980 OK 153 (Oklahoma Publishing Co. v. Martin) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Oklahoma Publishing Co. v. Martin, 1980 OK 153, 618 P.2d 944, 1980 Okla. LEXIS 362 (Okla. 1980).

Pincite

Opinion

PER CURIAM:

Petitioner’s application to assume original jurisdiction GRANTED. The question of the right of the public or the media to attend a mental competency hearing or trial, conducted under the provision of Title 43A, Okla.Stat., wherein the alleged mentally incompetent is the subject of criminal proceedings, is rendered moot by the enactment of H.B. No. 1836, Thirty-Seventh Legislature, Second Regular Session.

Hereafter, all proceedings conducted pursuant to 22 O.S.Supp.1980, §§ 1175.1 to 1175.8 (H.B.1836), shall be publicly conducted to the same extent as criminal trials. For the impact of Federal Constitutional Law, See: Richmond Newspapers v. Virginia, - U.S. -, 100 S.Ct. 2814, 65 L.Ed.2d 973 (1980). While 43A O.S.Supp. 1978, § 54.1, requires that civil mental health “records shall be open to public inspection only by order of the court to persons having a legitimate interest therein”, no such provision is found in 22 O.S.Supp. 1980, § 1175.1, et seq.

APPLICATION FOR WRIT OF PROHIBITION/MANDAMUS DENIED.

All the Justices concur.

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PER CURIAM:

Petitioner’s application to assume original jurisdiction GRANTED. The question of the right of the public or the media to attend a mental competency hearing or trial, conducted under the provision of Title 43A, Okla.Stat., wherein the alleged mentally incompetent is the subject of criminal proceedings, is rendered moot by the enactment of H.B. No. 1836, Thirty-Seventh Legislature, Second Regular Session.

Hereafter, all proceedings conducted pursuant to 22 O.S.Supp.1980, §§ 1175.1 to 1175.8 (H.B.1836), shall be publicly conducted to the same extent as criminal trials. For the impact of Federal Constitutional Law, See: Richmond Newspapers v. Virginia, - U.S. -, 100 S.Ct. 2814, 65 L.Ed.2d 973 (1980). While 43A O.S.Supp. 1978, § 54.1, requires that civil mental health “records shall be open to public inspection only by order of the court to persons having a legitimate interest therein”, no such provision is found in 22 O.S.Supp. 1980, § 1175.1, et seq.

APPLICATION FOR WRIT OF PROHIBITION/MANDAMUS DENIED.

All the Justices concur.

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Bluebook (online)

1980 OK 153, 618 P.2d 944, 1980 Okla. LEXIS 362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oklahoma-publishing-co-v-martin-okla-1980.

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