Haworth v. Court on Judiciary, Trial Div.
Decision Date | 26 September 1975 |
Docket Number | No. CJAD-75-2,CJAD-75-2 |
Citation | 684 P.2d 1217 |
Parties | William H. HAWORTH, Jr., Petitioner, v. COURT ON the JUDICIARY, TRIAL DIVISION, Respondent. |
Court | Oklahoma Court on the Judiciary, Appellate Division |
Original Action for Writ of Prohibition.
Petitioner, William H. Haworth, Jr., filed his petition for a writ of prohibition asking this Court to assume jurisdiction and to prohibit the Trial Division of the Court on the Judiciary from further proceeding herein. Application to assume original jurisdiction granted and Trial Division prohibited from proceeding further with Petition filed by the Attorney General on July 7, 1975.
WRIT OF PROHIBITION GRANTED.
Houston & Klein, Inc. by Rooney McInerney, Tulsa, for petitioner.
Jim F. Gassaway, Ada, and Robert J. Turner, Oklahoma City, for respondent.
On September 4, 1975, the Trial Division of the Court on the Judiciary overruled and denied Petitioner, William H. Haworth, Jr.'s plea to jurisdiction, amended demurrer, and motion for summary judgment, and set the case, seeking his removal from office, for trial on the merits.
Petitioner, William H. Haworth, Jr., then filed his petition for a writ of prohibition asking that this Court assume jurisdiction and enter an order prohibiting and enjoining the Trial Division of the Court on the Judiciary from further proceeding herein.
Petitioner asserts, inter alia, that the petition invoking the jurisdiction of the Court on the Judiciary, Trial Division, was filed by the Attorney General on July 7, 1975, pursuant to the provisions of 20 O.S.Supp.1974 § 1659, and that the Attorney General signed the petition solely on the basis of the mandatory provision of § 1659, supra, and not as an act of his own as provided by Section 4(a) of Article VII-A of the Constitution of the State of Oklahoma.
Section 4(a) of Article VII-A of the Constitution of the State of Oklahoma provides in part:
"The jurisdiction of the Trial Division of the Court may be invoked by a Petition, filed either by the Supreme Court or the Chief Justice thereof; by the Governor; by the Attorney General; or by the Executive Secretary of the Oklahoma Bar Association when directed so to do by a vote of a majority of all members of its Executive Committee; or by Resolution of the House of Delegates or by Resolution of the House of Representatives of the State of Oklahoma."
When the Legislature created the Council on Judicial Complaints, 20 O.S.Supp.1974 § 1651 et seq., it provided that the jurisdiction of the Trial Division of the Court on the Judiciary could be invoked as follows:
The Attorney General has filed an affidavit herein relating to his decision to invoke the jurisdiction of the Court on the Judiciary. Therein he stated:
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...the judicial misconduct detailed in a report by the Council warrants proceedings before the Court on the Judiciary. Haworth v. Court on the Judiciary, Trial Division , 1975 OK JUD 1, ¶6, 684 P.2d 1217, 1218. ¶5 This Court exercises this discretionary authority to first determine whether the......
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In re Coleman
...the judicial misconduct detailed in a report by the Council warrants proceedings before the Court on the Judiciary. Haworth v. Court on the Judiciary, Trial Division , 1975 OK JUD 1, ¶6, 684 P.2d 1217, 1218.¶5 This Court exercises this discretionary authority to first determine whether the ......
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