In re Amendments to Okla. Uniform Jury Instructions for Juvenile Cases
| Decision Date | 24 March 2011 |
| Docket Number | SCAD No. 2011–24. |
| Citation | 291 P.3d 166 |
| Parties | In re AMENDMENTS TO the OKLAHOMA UNIFORM JURY INSTRUCTIONS FOR JUVENILE CASES. |
| Court | Oklahoma Supreme Court |
OPINION TEXT STARTS HERE¶ 0 ORDER ADOPTING AMENDMENTS TO OKLAHOMA UNIFORM JURY INSTRUCTIONS FOR JUVENILE CASES
ORDER ONLY
¶ 1 This Court has reviewed the report and recommendations of the Committee for Uniform Civil Jury Instructions for proposed amendments to the Oklahoma Uniform Jury Instructions for Juvenile Cases. The Court accepts the report and the recommendations.
¶ 2 It is ordered, adjudged, and decreed that the proposed amendments to the Oklahoma Uniform Civil Jury Instructions for Juvenile Cases as modified by this Court are adopted, and the Oklahoma Uniform Civil Jury Instructions for Juvenile Cases with the amendments as modified by this Court are attached hereto. The Court also accepts and authorizes the updated committee comments and user notes to be published with the amendments.
¶ 3 It is therefore ordered that the amended Oklahoma Uniform Civil Jury Instructions for Juvenile Cases attached hereto shall be available for access via the Internet from the Court website at www. oscn. net and provided to West Publishing Company for publication. The Administrative Office of the Courts is directed to provide digital copies via email of the revisions to the judges of the District Courts.
¶ 4 As it has done previously, the Court today declines to relinquish its constitutional or statutory authority to review the legal correctness of these authorized instructions when it is called upon to afford corrective relief in any adjudicative context.
¶ 5 These amendments are effective April 18, 2011. This order, without the attachment, is for official publication.
The Preliminary Instructions in Part A should be given at the beginning of the case, and the Concluding Instructions in Part B should be given after all the evidence has been presented.
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The purpose of a termination proceeding is to decide whether to break the parental bond. The case is concerned with three separate interests:
1. The parent's right to custody and control of a child.
2. The State's responsibility to protect a child under eighteen (18) years.
3. The child's right to a wholesome place to live, free from abuse and neglect.
The interest of a parent, the State and a child must be carefully weighed. The State's responsibility to protect a child must be balanced against the interest of a parent in the custody and control of a child.
The right of a parent to the custody and control of a child is a fundamental right protected by the Federal and State Constitutions. While the rights of a parent are important and entitled to protection, they must be balanced against those of a child, and where they conflict, the child's rights should be protected.
This preliminary instruction introduces the jury to the three interests that the jury must weigh in a termination proceeding. It is based on language from In re T.H.L., 1981 OK 103, ¶ 4, 636 P.2d 330, 332.
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As possible jurors you will be questioned to determine your qualifications to serve in this case. The purpose of these questions is to obtain a fair jury. Since this is an important part of the trial, it is necessary that you be given an oath to answer truthfully all questions asked you about your qualifications to serve as jurors. Will you please stand, raise your right hand, and the oath will now be given to you by _____.
These remarks should be changed or modified to fit the exigencies of the case. Oath may be administered by the judge, clerk, or deputy.
Do you solemnly swear that you will truly and fully answer all questions asked you by the Judge and the lawyers to serve as a juror in the case now on trial, so help you God? [Juror should be required to answer “I do.”].
or
Do you affirm under the pains and penalties of perjury to truly and fully answer all questions asked you by the Judge and lawyers to serve as a juror in the case now on trial? [Juror should be required to answer “I do.”].
If any prospective juror has conscientious scruples against taking an oath, such juror may affirm. 12 O.S.2004 § 72.
The statutes of Oklahoma do not specifically authorize an oath on voir dire, but it seems clear that there should be such an oath. The oath may be administered by the judge or the clerk. 51 0.S.2001, § 21; Milton v. State, 1912 OK CR 195, 7 Okl. Cr. 407, 418, 124 P. 81, 85.
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Do you solemnly swear that you will well and truly try the matter submitted to you in the case now on trial and reach a true verdict, according to the law and the evidence presented to you, so help you God? [Juror should be required to answer “I do.”].
Do you affirm under the pains and penalties of perjury that you will well and truly try the matters submitted to you in the case now on trial and a true verdict render, according to the law and the evidence? [Juror should be required to answer, “I do.”].
If any member of the jury has conscientious scruples against taking an oath, such juror may affirm. 12 O.S.2001, § 72.
This oath is taken substantially from that set forth in 12 O.S.2001, § 576. It may be a reversible error not to administer the oath to the jury. See Brink v. Territory, 1895 OK 64, 3 Okla. 588, 589, 41 P. 614, 614.
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Members of the Jury: I will now explain to you your duties as jurors. It is vital to the administration of justice that you fully understand and faithfully perform these duties.
It is my duty to determine all of the law applicable to this case and to inform you of that law by these instructions and by the instructions that I will give you after all evidence has been received. It is your duty to accept and follow all of these instructions as a whole, not accepting one or More of these instructions and disregarding the others.
It is your duty to determine the...
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