In re Okl. Uniform Jury Instructions, SCAD-2005-19.
| Court | Supreme Court of Oklahoma |
| Citation | 116 P.3d 119,2005 OK 12 |
| Docket Number | No. SCAD-2005-19.,SCAD-2005-19. |
| Parties | In re OKLAHOMA UNIFORM JURY INSTRUCTIONS FOR JUVENILE CASES. |
| Decision Date | 28 March 2005 |
¶ 1 The Oklahoma Supreme Court Committee on Uniform Jury Instructions for Juvenile Cases has completed the Oklahoma Uniform Jury Instructions for Juvenile Cases which is attached to this Order. To achieve uniformity in instructing juries in juvenile cases on the applicable law, the following order is adopted for the direction of the trial courts:
¶ 2 IT IS ORDERED THAT effective July 1, 2005, all trial courts in Oklahoma shall use the instructions contained within the Oklahoma Uniform Jury Instructions for Juvenile Cases if the court determines that the subject of the instructions would be appropriate in the particular matter on trial and unless the trial court determines that such recommended instruction does not accurately state the law. In the latter event, it shall be the obligation of the trial court to include within the record the court's reasons for declining to use the recommended uniform instruction. However, by this order the Court is not relinquishing any of its constitutional or statutory authority of review.
¶ 3 IT IS FURTHER ORDERED THAT whenever the Oklahoma Uniform Jury Instructions for Juvenile Cases do not contain an instruction on a subject which the trial court determines should be submitted to the jury, or whenever a recommended uniform instruction cannot be modified to cover the subject being submitted, it shall then be the duty of the trial court to submit that subject to the jury upon an instruction which will be simple, brief, impartial and free from argument.
¶ 4 IT IS FURTHER ORDERED THAT each instruction shall be identified substantially as follows: "OUJI-Juv. No. ____" or " or "Not in OUJI-Juv." as the case may be.
¶ 5 DONE BY ORDER OF THE SUPREME COURT IN CONFERENCE THIS 28th DAY OF FEBRUARY, 2005.
/s/ Joseph M. Watt
CHIEF JUSTICE
APPENDIX
OKLAHOMA UNIFORM JURY INSTRUCTIONS
FOR JUVENILE CASES
Prepared by the
Oklahoma Supreme Court Committee for Uniform Jury Instructions for Juvenile Cases
OKLAHOMA SUPREME COURT COMMITTEE FOR UNIFORM JURY INSTRUCTIONS FOR JUVENILE CASES
CHAIR
THE HONORABLE GLENN DALE CARTER
District Judge
Shawnee
REPORTER
CHARLES W. ADAMS
Professor of Law
The University of Tulsa College of Law
MEMBERS
SUMMARY TABLE OF CONTENTS
OKLAHOMA UNIFORM CIVIL JURY INSTRUCTIONS
Chapter 1 General Instructions .................................................. ___
Part A. Preliminary Instructions ................................................ ___
Part B. Concluding Instructions ................................................. ___
Chapter 2 General Termination Instructions ...................................... ___
Part A. Simultaneous Adjudication and Termination ............................... ___
Part B. Termination After Prior Adjudication .................................... ___
Chapter 3 Grounds for Termination of Parental Rights ............................ ___
Chapter 4 Minor in Need of Treatment ............................................ ___
Chapter 5 Indian Child Welfare Act .............................................. ___
General Instructions
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.
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.
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.2001, § 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 O.S.2001, § 21; Milton v. State, 1912 OK CR 195, 7 Okl. Cr. 407, 418, 124 P. 81, 85.
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.
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...
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