Petuskey v. Cannon

1987 OK 74, 742 P.2d 1117, 1987 Okla. LEXIS 223
CourtSupreme Court of Oklahoma
DecidedJuly 21, 1987
Docket68671
StatusPublished
Cited by27 cases

This text of 1987 OK 74 (Petuskey v. Cannon) 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
Petuskey v. Cannon, 1987 OK 74, 742 P.2d 1117, 1987 Okla. LEXIS 223 (Okla. 1987).

Opinions

SIMMS, Justice:

Original proceeding wherein the Court Clerk of Oklahoma County requests this Court to assume original jurisdiction and issue mandamus and prohibition against the Presiding Administrative Judge of Oklahoma-Canadian Counties. This dispute arose because of the Presiding Judge’s issuance of certain administrative orders which directly affected Oklahoma County court clerk personnel.

Because the extent and scope of the administrative authority of the Administrative Judge over Court Clerks and their deputies has become a matter of disagreement in counties other than Oklahoma County, and because the authority of the Administrative Judge and Court Clerk must be more clearly defined, we assume original jurisdiction and issue this opinion for the reason the question affects a vital relationship within the judicial service.

I.

Shortly after taking office, Tom Petusky (Petitioner), the duly elected District Court Clerk for Oklahoma County, Oklahoma, instigated an attempt, by means of a form letter and waiver of judicial hearing, to collect fees, costs and fines in cases before the court. Honorable Joe Cannon (Respondent), the Presiding Judge of the Administrative District of the Seventh Judicial District “summarily rescinded” the moneys Cannon had ordered paid in felony and misdemeanor cases for 1983-86, which were involved in the collection effort. Thereafter, and to date, Respondent continued ordering Petitioner to refrain from such attempts to collect fines through the use of a waiver of judicial hearing.

After becoming Presiding Judge on January 1,1987, Respondent issued Administrative Order No. AD7-87-6, directing that “no-file” bonds be returned to bondsmen by the Judge, and exonerated. “No-file” bonds are ones where no criminal information is filed.

On March 16, 1987, Respondent entered two administrative orders. No. AD7-87-19 directed Petitioner to immediately assign a deputy court clerk to the Juvenile Bureau on a full time basis; No. AD7-87-20 forbad Petitioner from attempting to collect court costs from landowners who formally demanded a jury trial in condemnation cases.

Respondent issued Administrative Orders AD7-87-24 and 25, on April 15, 1987. Both dealt with the extent of the court’s authority over the Oklahoma County District Court Clerk and his appointed deputies. Both were withdrawn on May 11, 1987, by Administrative Order AD7-87-31.

By Administrative Order AD7-87-30, dated May 11, 1987, Respondent directed that deputy court clerks are employees of the Court Clerk and subject to his control, except for those who are regularly assigned to a Judge, who shall be under the exclusive control of their assigned judge, as to hours, reporting, duties, responsibilities, and when vacations are taken. He further ordered that no deputy court clerk may be selected to serve for a Judge without the approval of the Judge.

Petitioner asserts that Respondent, by these Orders, unconstitutionally infringed upon Petitioner’s statutory duties, obligations and privileges.

II.

POWERS AND AUTHORITIES OF ADMINISTRATIVE JUDGE AND DISTRICT COURT JUDGE

The issue before the Court is whether the District Court Clerk is subject to the administrative authority of the Presiding Judge of his Judicial Administrative District. Put more simply, whether the court clerk is under the direction and authority of his court, and if so, to what extent.

[1120]*1120The beginning point of this analysis must be the Oklahoma Constitution and statutes, and the relative powers they give to judges and district court clerks. Art. VII of the Oklahoma Constitution provides for a unified system of judicial management under the authority of the Supreme Court. Section 4 of that Article sets forth that jurisdiction of the Supreme Court extends to a general superintending control over all inferior courts. Sec. 6 then vests the Supreme Court in general, and the Chief Justice in particular, with general administrative authority over all courts in the state, in accordance with its rules.

The Supreme Court is given complete statutory authority to promulgate rules in 20 O.S.1981, § 24:

“Nothing herein shall impliedly limit the rulemaking authority which the Supreme Court inherently has or has by virtue of other statutory provisions.”

Art. VII of the Oklahoma Constitution also establishes district courts. Beginning with Sec. 7, each judicial district shall have one district court, which shall have such number of judges as prescribed by statute. The state is then divided into Judicial Administrative Districts, pursuant to Art. VII, Sec. 10. Each one consists of one or more district court judicial districts. Part (b) of that section provides for the election of the Presiding Judge by the District and Associate District Judges of each Judicial Administrative District. Part (b) further specifies that “[sjubject to the authority of the Supreme Court, the Presiding Judge shall have general administrative authority over the Judicial Administrative District ...”

Title 20, O.S.1981, § 23 authorizes this Court, and the Presiding Administrative Judge, to adopt rules that are calculated to bring about “a more speedy and efficient administration of justice,” where not inconsistent with the Rules of the Supreme Court.

Finally, through its ultimate rule-making authority, this Court has promulgated Rule 2, on the Administration of Courts, which reiterates the administrative and supervisory authority of the Presiding Judge. It reads, in pertinent part:

“Subject only to the rules, orders and directives of the Supreme Court or the Chief Justice, the Presiding Judge shall have general administrative authority and supervision over all courts within the district and over all judicial personnel and court officials serving in the district. “All judicial personnel and court officials within a judicial administrative district shall comply with the rules, orders and directives of the Presiding Judge.... The Presiding Judge promptly shall report to the Chief Justice any instance of noncompliance occurring with in the judicial administrative district either by judicial personnel or court officials.” (E.A.)

20 O.S.1981, Chapt. 1, App. 2, Rule 2.

These references to administration of courts make it clear the judiciary has exclusive authority to manage its own affairs. See, Ex parte Auditor of Public Accounts, Ky., 609 S.W.2d 682, 685 (1980). The purpose of a unitary system of judicial management is to centralize the administrative power of the entire judicial system in the Supreme Court, and make the Chief Justice the administrative head of all courts. Rutledge v. Workman, W.Va., 332 S.E.2d 831, 834 (1985). The Chief Justice, in turn, has delegated, by this Court’s Rule, to the Administrative Judge the authority to supervise all judicial personnel in his district.

Turning to a district court clerk, the Oklahoma Constitution delineates the clerk as a county officer. Okla. Const., Art. XVII, Sec. 2. A statute then provides for the election of a court clerk to each county. 19 O.S.1981, § 131. However, these provisions, codified under “Counties,” do not mean the court clerk has the right to exercise unbridled discretion over the administration of his office.

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Petuskey v. Cannon
1987 OK 74 (Supreme Court of Oklahoma, 1987)

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Bluebook (online)
1987 OK 74, 742 P.2d 1117, 1987 Okla. LEXIS 223, Counsel Stack Legal Research, https://law.counselstack.com/opinion/petuskey-v-cannon-okla-1987.