Special Judges Cannot Hear Felony Cases
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  http://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST20Title 20. Courts
    http://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST20#Chapter4-DistrictCourtsChapter 4 - District Courts
        WDDocument.gifSection 123 - Jurisdiction of Special Judges
Cite as: O.S. §, __ __


A. Special judges may hear and decide the following:

1. Actions for the recovery of money where the amount claimed does not exceed Ten Thousand Dollars ($10,000.00) and counterclaim or setoff does not exceed Ten Thousand Dollars ($10,000.00);

2. All uncontested matters, whether by default, agreement or otherwise, except that a nonlawyer special judge may not hear any uncontested matters, whether by default, agreement or otherwise, in actions for the recovery of money where judgment is sought for a greater sum than One Thousand Dollars ($1,000.00);

3. Actions for forcible entry and detainer except a nonlawyer special judge may not hear such actions if title to land or a boundary dispute is involved;

4. Actions for replevin where the amount in controversy does not exceed Ten Thousand Dollars ($10,000.00), except that nonlawyer special judges may not hear such actions where the amount in controversy exceeds One Thousand Dollars ($1,000.00);

5. Misdemeanors, except that special judges who are not lawyers may not hear criminal actions where the punishment prescribed by law exceeds a fine of Two Hundred Dollars ($200.00), or imprisonment in a county jail for thirty (30) days, or both such fine and imprisonment except by written consent of all parties;

6. Felonies involving a second and subsequent offense of driving, operating, or being in actual physical control of a motor vehicle while under the influence of alcohol or any other intoxicating substance, including any controlled dangerous substance as defined in the Uniform Controlled Dangerous Substances Act, to a degree that renders the defendant incapable of safely driving or operating a motor vehicle, except that nonlawyer special judges may not hear such matters;

7. When there is no district or associate district judge present in the county or when they are disqualified, the issuance of a temporary injunction or restraining order, but this paragraph shall not embrace nonlawyer special judges;

8. Issuance of writs of habeas corpus, but this paragraph shall not embrace nonlawyer special judges;

9. Any matter, regardless of value, at any stage, whether intermediate or final, and whether or not title to property, real, personal, tangible, intangible, or any combination thereof, is to be determined, in a probate, divorce, domestic relations, custody, support, guardianship, conservatorship, mental health, juvenile, adoption, or determination of death proceeding, except that nonlawyer special judges may not hear such matters;

10. An appeal from an order of the Department of Public Safety revoking a person's license to drive, except that nonlawyer special judges may not hear such matters;

11. Other actions and proceedings, regardless of court rules, where the parties agree in writing, at any time before trial, to the action being heard by a special judge; and

12. Any postjudgement collection matter regardless of the amount of the judgement; and

13. Youthful offender cases pursuant to the Youthful Offender Act.

B. Special judges shall be authorized to serve as referee in any matter before the district court.

C. A special judge may perform the duties of a magistrate in criminal cases.

Historical Data


Amended by Laws 1982, c. 201, § 1, emerg. eff. April 27, 1982; Laws 1985, c. 277, § 11, eff. Nov. 1, 1985; Laws 1985, c. 320, § 5, emerg. eff. July 29, 1985; Laws 1988, c. 62, § 2, eff. Nov. 1, 1988; Laws 1989, c. 272, § 1, emerg. eff. May 22, 1989.; Amended by Laws 1997, c. 224, § 1, eff. November 01,1997 (superseded document available); Amended by Laws 1998, c. 268, § 13, eff. July 01,1998 (superseded document available).

Citationizer© Summary of Documents Citing This Document
Cite Name Level
Oklahoma Court of Criminal Appeals Cases
  Cite Name Level
  1992 OK CR 25, 829 P.2d 687, ROGERS v. LANSDOWN Discussed
  1992 OK CR 74, 841 P.2d 597, HARRIS v. STATE Discussed
  1978 OK CR 98, 584 P.2d 239, MATTER OF R.P.R.G. Discussed
  1981 OK CR 131, 636 P.2d 340, R.G.S. v. DISTRICT COURT OF OKLAHOMA COUNTY Cited
  1981 OK CR 135, 636 P.2d 351, STATE v. WIRE Cited
  1981 OK CR 145, 637 P.2d 862, JAMES v. STATE Cited
  1970 OK CR 83, 473 P.2d 312, NICODEMUS v. DISTRICT COURT OF OKLAHOMA COUNTY Cited
  1972 OK CR 146, 497 P.2d 1094, BOWEN v. STATE Cited
  1973 OK CR 278, 511 P.2d 1110, NUCKOLS v. VAN WAGNER Cited
  1987 OK CR 115, 738 P.2d 188, HUMPHREYS v. STATE Cited
  1976 OK CR 67, 547 P.2d 1307, GAMMELL v. STATE Cited
Oklahoma Court of Civil Appeals Cases
  Cite Name Level
  1998 OK CIV APP 6, 954 P.2d 1257, 69 OBJ 519, PHILLIPS v. SEFFEL Discussed at Length
  1974 OK CIV APP 5, 519 P.2d 553, COLPITT v. HERRINGTON Discussed at Length
  1974 OK CIV APP 23, 530 P.2d 574, KELLENBERGER v. GUARANTY L. & INV. CORP, TULSA Discussed
  2006 OK CIV APP 7, 128 P.3d 1104, IN THE MATTER OF THE ESTATE OF GLEN Z. GREER, JR. Cited
  2006 OK CIV APP 46, 134 P.3d 926, JAMES v. ZACHRITZ Cited
Oklahoma Supreme Court Cases
  Cite Name Level
  1991 OK 3, 811 P.2d 587, 62 OBJ 296, Eskridge v. Ladd Cited
  1996 OK 103, 925 P.2d 63, 67 OBJ 2930, Schulmeier v. Honorable Judges of Dist. Court of Tulsa County in the Fourteenth Judicial Dist., Cited
  1975 OK 167, 544 P.2d 498, FERGUSON v. DISTRICT COURT OF OKLAHOMA COUNTY Cited
  1980 OK 22, 606 P.2d 1133, Schuminsky v. Field Discussed
  1977 OK 76, 563 P.2d 644, WHITE v. RAKESTRAW Discussed
  1977 OK 97, 565 P.2d 12, DICKSON v. WINSLOW Cited
  1978 OK 43, 577 P.2d 65, BURK v. BURK Discussed at Length
  1978 OK 161, 587 P.2d 1371, PUTNAM v. SAIED Cited
  1982 OK 30, 642 P.2d 243, Lee v. Hester Discussed at Length
Citationizer: Table of Authority

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