State ex rel. District Attorney of Rogers, Mayes & Craig Counties v. Adams

Supreme Court of Oklahoma

State ex rel. District Attorney of Rogers, Mayes & Craig Counties v. Adams

1990 OK 52, 794 P.2d 422, 61 O.B.A.J. 1593, 1990 Okla. LEXIS 59, 1990 WL 78104

CourtSupreme Court of Oklahoma

DecidedJune 12, 1990

DocketNo. 75411

StatusPublished

Cited by3 cases

This text of 1990 OK 52 (State ex rel. District Attorney of Rogers, Mayes & Craig Counties v. Adams) 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.

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State ex rel. District Attorney of Rogers, Mayes & Craig Counties v. Adams, 1990 OK 52, 794 P.2d 422, 61 O.B.A.J. 1593, 1990 Okla. LEXIS 59, 1990 WL 78104 (Okla. 1990).

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Opinion

ORDER

Original jurisdiction is assumed.

Title 19 O.S.Supp.1989, § 215.9 requires the District Attorney to appoint a First Assistant and file such designation of office with the Secretary of State. After this requirement is met, and the designee has filed the oath as required by 51 O.S.1989 § 2, the statute allows the First Assistant District Attorney to perform the duties, required by law to be performed by the District Attorney, during the period of time between a resignation or death of the District Attorney and the appointment by the Governor of a qualified person to serve the balance of the District Attorney’s unexpired term.

We find that the First Assistant District Attorney became a de facto officer while he was exercising the functions of the District Attorney under color of authority pursuant to the statute. The acts of an officer de facto cannot be collaterally attacked. Hatfield v. Jimerson, 365 P.2d 980, 982 (Okla.1961).

The question of the validity of the information is transferred to the Court of Criminal Appeals for its determination and decision regarding the effect of this holding by [423]*423this Court in Cause No. CRF90-35, District Court of Rogers County, and styled State of Oklahoma v. Ray Minnerup.

OPALA, V.C.J., and HODGES, LAVENDER, SIMMS, DOOLIN, ALMA WILSON, KAUGER and SUMMERS, JJ., concur. HARGRAVE, C.J., dissents.

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ORDER

Original jurisdiction is assumed.

Title 19 O.S.Supp.1989, § 215.9 requires the District Attorney to appoint a First Assistant and file such designation of office with the Secretary of State. After this requirement is met, and the designee has filed the oath as required by 51 O.S.1989 § 2, the statute allows the First Assistant District Attorney to perform the duties, required by law to be performed by the District Attorney, during the period of time between a resignation or death of the District Attorney and the appointment by the Governor of a qualified person to serve the balance of the District Attorney’s unexpired term.

We find that the First Assistant District Attorney became a de facto officer while he was exercising the functions of the District Attorney under color of authority pursuant to the statute. The acts of an officer de facto cannot be collaterally attacked. Hatfield v. Jimerson, 365 P.2d 980, 982 (Okla.1961).

The question of the validity of the information is transferred to the Court of Criminal Appeals for its determination and decision regarding the effect of this holding by [423]*423this Court in Cause No. CRF90-35, District Court of Rogers County, and styled State of Oklahoma v. Ray Minnerup.

OPALA, V.C.J., and HODGES, LAVENDER, SIMMS, DOOLIN, ALMA WILSON, KAUGER and SUMMERS, JJ., concur. HARGRAVE, C.J., dissents.

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1990 OK 52, 794 P.2d 422, 61 O.B.A.J. 1593, 1990 Okla. LEXIS 59, 1990 WL 78104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-district-attorney-of-rogers-mayes-craig-counties-v-adams-okla-1990.

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