R. J. Edwards, Inc. v. Hert

1972 OK 151, 504 P.2d 407, 1972 Okla. LEXIS 452
CourtSupreme Court of Oklahoma
DecidedNovember 28, 1972
Docket40338, 42166 and 43254
StatusPublished
Cited by42 cases

This text of 1972 OK 151 (R. J. Edwards, Inc. v. Hert) 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
R. J. Edwards, Inc. v. Hert, 1972 OK 151, 504 P.2d 407, 1972 Okla. LEXIS 452 (Okla. 1972).

Opinions

BARNES, Justice:

We shall refer to the parties by the characters in which they appeared in the courts of first instance, namely, as plaintiffs and as defendants.

These cases originated in the district courts of Payne, Major and Canadian Counties. Each was initiated by a petition against the respective defendants, municipal bond marketers and their agents, filed by the individual county bar associations, together with the Oklahoma Bar Association, to enjoin certain practices of the defendants, alleged to constitute the unlawful practice of law, by these defendants who were not members of the bar. The charges, in brief, were that the defendant corporations, who are engaged in negotiating for marketing, and also, themselves, in selling municipal bond issues and other types of securities, undertake, in that connection, to give legal advice to municipal authorities, to school boards, and to other representatives of entities who may be contemplating borrowing money through the issuance of bonds. It also is alleged that the corporate defendants, acting through their agents, the individual defendants, or through others, prepare resolutions, election proclamations, contracts, transcripts of bond proceedings and negotiable coupon bonds, all of which acts also are asserted to constitute the illegal practice of law by the defendants.

The defendants took the position that their acts did not amount to the practice of law in that they were merely assisting in filling out forms prescribed by the Attorney General according to his directions, and that, if this could be considered law prac[409]*409tice, it was of the non-forensic variety, over which (it was asserted) the judicial branch of the government has no jurisdiction, on the theory that the Legislature alone may wield the police power in that regard. Sub-sidiarily, the defendants also raised the proposition that, in any event, the respective bar associations were without standing to maintain the actions, asserting that this Court has retained for itself exclusive jurisdiction in that regard.

Before these matters proceeded to hearing on the merits upon the issues raised in the district courts, the defendants filed with us applications for writs of prohibition to the respective district judges before whom the matters were pending, by which route defendants sought to achieve a prompt resolution, in their favor, of the contentions which they had urged in the district courts. We ordered the cases to be transferred here for hearing and determination. We shall resolve the several issues in accordance with the applicable legal principles.

Because of the importance of the issues raised to the due administration of justice and to the protection of the public welfare, we find it necessary to discuss at some length the principles that govern the relation of the legislative and the judicial departments of the government under the Constitution of this State.

Our Constitution provides:

“The powers of the government of the State of Oklahoma shall be divided into three separate departments: The Legislative, Executive, and Judicial; and except as provided in this Constitution, the Legislative, Executive, and Judicial departments of government shall be separate and distinct, and neither shall exercise the powers properly belonging to either of the others. Art. IV, § 1 (1907).
“The Legislative authority of the State shall be vested in a Legislature, consisting of a Senate and a House of Representatives; (reservation of initiative and referendum). Art. V, § 1 (1907).
“The authority of the Legislature shall extend to all rightful subjects of legislation, and any specific grant of authority in this Constitution, upon any subject whatsoever, shall not work a restriction, limitation, or exclusion of such authority upon the same or any other subject or subjects whatsoever.” Art. V, § 36 (1907).

As to the Judicial Department and its particular functions, the Constitution, Article VII, as adopted in 1907, read:

“The judicial power of this State shall be vested in the Senate, sitting as a court of impeachment, a Supreme Court, District Courts, County Courts, Courts of Justices of the Peace, Municipal Courts, and such other courts, commissions or boards, inferior to the Supreme Court, as may be established by law. § 1.
“The appellate jurisdiction of the Supreme Court shall be co-extensive with the State, and shall extend to all civil cases until a Criminal Court of Appeals with exclusive appellate jurisdiction in criminal cases shall be established by law. The original jurisdiction of the Supreme Court shall extend to a general superintending control over all inferior coitrts and all commissions and boards created by law. The Supreme Court shall have power to issue writs of habeas corpus, mandamus, quo warranto, cer-tiorari, prohibition, and such other remedial writs, as may be provided by law, and to hear and determine the same; and the Supreme Court may exercise such other and further jurisdiction as may be conferred upon it by law. Each of the Justices shall have power to issue writs of habeas corpus to any part of the State upon petition by or on behalf of any person held in actual custody, and make such writs returnable before himself, or before the Supreme Court, or before any District Court, or Judge thereof, in the State. § 2. (Emphasis supplied)
“The District Courts shall have original jurisdiction in all cases, civil and criminal, except where exclusive jurisdiction is by this Constitution, or by law, conferred on some other court, and such [410]*410appellate jurisdiction as may be provided in this Constitution, or by law. The District Courts, or any judge thereof, shall have power to issue writs of habeas corpus, mandamus, injunction, quo warranto, certiorari, prohibition, and other writs, remedial or otherwise, necessary or proper to carry into effect their orders, judgments, or decrees. The District Courts shall also have the power of naturalization in accordance with the laws of the United States.” § 10. (Emphasis supplied)

The new Article VII, adopted in 1967, in its corresponding parts, reads as follows :

“The judicial power of this State shall be vested in the Senate, sitting as a Court of Impeachment, a Supreme Court, the Court of Criminal Appeals, the Court on the Judiciary, the State Industrial Court, the Court of Bank Review, the Court of Tax Review, and such intermediate appellate courts as may be provided by statute, District Courts, and such Boards, Agencies and Commissions created by the Constitution or established by statute as exercise adjudicative authority or render decisions in individual proceedings. Provided that the Court of Criminal Appeals, the State Industrial Court, the Court of Bank Review and the Court of Tax Review and such Boards, Agencies and Commissions as have been established by statute shall continue in effect, subject to the power of the Legislature to change or abolish said Courts, Boards, Agencies, or Commissions. Municipal Courts in cities or incorporated towns shall continue in effect and shall be subject to creation, abolition or alteration by the Legislature by general laws, but shall be limited in jurisdiction to criminal and traffic proceedings arising out of infractions of the provisions of ordinances of cities and towns or of duly adopted regulations- authorized by such ordinances. § 1.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

THE B&F CORPORATION v. CAVERS
2022 OK CIV APP 35 (Court of Civil Appeals of Oklahoma, 2022)
IN RE RULES CREATING AND CONTROLLING THE OKLAHOMA BAR ASSOCIATION
2017 OK 94 (Supreme Court of Oklahoma, 2017)
Green v. Oklahoma Board of Bar Examiners
2016 OK 98 (Supreme Court of Oklahoma, 2016)
IN RE APPLICATION OF GREEN FOR ADMISSION TO OKLA. BAR ASSOC.
2016 OK 98 (Supreme Court of Oklahoma, 2016)
In re the Reinstatement of Blake
2016 OK 33 (Supreme Court of Oklahoma, 2016)
IN THE MATTER OF THE REINSTATEMENT OF BLAKE
2016 OK 33 (Supreme Court of Oklahoma, 2016)
STATE EX REL. OKLAHOMA BAR ASS'N v. Running
2011 OK 75 (Supreme Court of Oklahoma, 2011)
In the Matter of Reinstatement of Montgomery
2010 OK 71 (Supreme Court of Oklahoma, 2010)
In Re Miller
238 P.3d 227 (Supreme Court of Kansas, 2010)
Opinion Number
Louisiana Attorney General Reports, 2008
In Re the Reinstatement of DeBacker
2008 OK 17 (Supreme Court of Oklahoma, 2008)
In Re Moseley
643 S.E.2d 190 (Supreme Court of Virginia, 2007)
Opinion No.
Oklahoma Attorney General Reports, 2006
Opinion No. (2003)
Oklahoma Attorney General Reports, 2003
Utah State Bar v. Summerhayes & Hayden, Public Adjusters
905 P.2d 867 (Utah Supreme Court, 1995)
Jackson v. Freeman
905 P.2d 217 (Supreme Court of Oklahoma, 1995)
Foulston v. Jones (In Re Robinson)
162 B.R. 319 (D. Kansas, 1993)
Attorney General Opinion No.
Kansas Attorney General Reports, 1993

Cite This Page — Counsel Stack

Bluebook (online)
1972 OK 151, 504 P.2d 407, 1972 Okla. LEXIS 452, Counsel Stack Legal Research, https://law.counselstack.com/opinion/r-j-edwards-inc-v-hert-okla-1972.