The Oklahoma Court of Criminal Appeals is one of two court of last resort in Oklahoma.
Almost one month after statehood, the Oklahoma Court of Criminal Appeals received its origin when citizens ratified the Oklahoma Constitution on September 17, 1907. The “Criminal Court of Appeals” was created and its jurisdiction defined when the first Oklahoma legislature passed House Bill 397 on May 18, 1908. The act stated:
“If in any case appealed to the Criminal Court of Appeals, in which the construction of the Constitution of this State, or of the United States, or any Act of Congress is brought in question, the said Criminal Court of Appeals shall certify to the construction of the Constitution of this State, or of the United State, or any Act of Congress for final determination of the question so certified.”
The first three judges who served on the Court of Criminal Appeals started their tenure with 117 pending criminal cases. However, as the caseload began to grow, the Legislature expanded the Court from three to five judges to decrease delay in criminal appeals on June 30, 1987. A few years later, the Court developed an accelerated docket, which affords those with short sentences to appeal before their sentence is completed.
As the court of last resort involving all criminal matters for the State, the Court of Criminal Appeals has more than 1,200 pending cases today. The Court holds oral arguments for various cases including death penalty cases and juvenile matters. It also creates rules, procedures, and uniform jury instructions for use in the State’s justice system.
The State is broken down into five judicial districts that make up the entirety of the Court. If there is an opening, the Judicial Nominating Commission first interviews candidates from the open district seat and selects three applicants to send to the Governor. The Governor appoints a judge to serve on the Court. The public then votes to retain the judge every six years.