§20-1402. Recusal or disqualification of appellate judges –
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/ok/title-20-courts/20-1402·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Appointment by Governor.
A. No Justice of the Supreme Court of this state or Judge of the Criminal Court of Appeals shall participate in the decision of any appellate cause in which the Justice or Judge presided at the trial of such cause.
B. When a Justice of the Supreme Court is recused or disqualified from deciding a cause for any reason, the remainder of the Court shall decide the cause. If, during the decision of any cause, there are less than seven
(7)qualified Justices, the Clerk of the Court shall certify all such recusals or disqualifications to the Governor who shall assign a retired Supreme Court Justice to the matter in substitution of the recused or disqualified Justices. If no retired Supreme Court Justice is able to serve, the Governor shall assign a member of the Bar of this state who possesses the same qualifications as the members of the Supreme Court to the matter in substitution of the recused or disqualified Justice.
C. When a Judge of the Court of Criminal Appeals is recused or disqualified from deciding a cause for any reason, the Clerk of the Court shall certify the recusal or disqualification along with the case number to the Governor who shall assign a retired Judge of the Court of Criminal Appeals to the matter in substitution of the recused or disqualified Judge. If no retired Judge of the Court of Criminal Appeals is able to serve, the Governor shall assign a Judge of the Court of Civil Appeals to the matter in substitution of the recused or disqualified Judge.
If no Judge of the Court of Civil Appeals is able to serve, the Governor shall assign a member of the Bar of this state who possesses the same qualifications as the members of the Court of Criminal Appeals to the matter in substitution of the recused or disqualified Judge. R.L. 1910, § 5815. Renumbered from § 574 of Title 22 by Laws 1969, c. 119, § 1, emerg. eff. April 3, 1969. Amended by Laws 2022, c. 201, § 1.