Legal Opinion · Dissent

Petuskey v. Cannon

Supreme Court of Oklahoma

Decided July 21, 1987No. 68671Published

1DissentLavender, Justice

Because I am unable to find any Constitutional, statutory or inherent authority which would support the actions of the Respondent Administrative Judge as reflected in his orders AD 7-87-6, AD 7-87-19, AD 7-87-20 and AD 7-87-30,1 I would hold such orders to be void.

Neither can I agree with the majority opinion’s conclusion: “In ministerial matters, the District Court Clerk is subject to the authority of the Administrative Judge.”

If I were writing for the court I would confine the authority of the Administrative Judge over the Court Clerk to those instances where the Court Clerk has failed to…

2Cases cited5 opinions

  1. Hirsh v. TwyfordSupreme Court of Oklahoma · 1913
  2. Rutledge v. WorkmanWest Virginia Supreme Court · 1985
  3. St. John v. Superior CourtCalifornia Court of Appeal · 1978
  4. State ex rel. Geers v. LaskySupreme Court of Missouri · 1970
  5. Barrett v. BarrettSupreme Court of Oklahoma · 1952

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