Lepak v. McClain

Today the majority reaches out to incorrectly decide a case that is not ripe for adjudication. At the time this original action was filed, a hearing on the application for a contempt citation had not been held. We have no evidence before us that a hearing has occurred, and Lepak, petitioner herein and defendant below, does not allege that one was conducted. Without first *862being afforded a hearing, Lepak cannot be imprisoned for contempt. Okla. Const. Art. 2, § 25; Martin v. Kroeger, 149 Okl. 119, 299 P. 472 (1931); Ex parte Morse, 141 Okl. 75, 284 P. 18 (1930). To date, Lepak has not been…