Lee v. Hester

OPALA, Justice:

The issue here is whether contested matrimonial suits may be routinely and indiscriminately referred to a special judge for resolution of all issues.

The divorce cases which gave rise to the proceeding before us were initially assigned to a special judge. When the assignment came under challenge based on the statutory limitation, in 20 O.S.Supp.1978 § 123 A,1 upon a special judge’s adjudicative authority, they were transferred out. The same special judge was then re-assigned to the cases as “referee”. He was ordered to hear the evidence and report all factual issues to one of…