Oklahoma § 20-60.3 - Declaration of emergency - Activation of emergency panels

§ 20-60.3. Declaration of emergency - Activation of emergency panels

- Assignment and disposition of cases - Number of panels - Minimum

number of unassigned regular felony appeals.

A. An emergency appellate panel of the Emergency Appellate

Division may be activated upon request of the Presiding Judge of the

Court of Criminal Appeals when the Chief Justice of the Supreme

Court declares an emergency to exist. For purposes of this section,

Oklahoma Statutes - Title 20. Courts

"emergency" means any situation in which there are pending in the

office of the Clerk of the Court of Criminal Appeals more than one

hundred (100) regular felony appeals at issue. For purposes of this

section, "at issue" means a case in which responses from both the

appellant/petitioner and appellee/respondent (if such response is

necessary) have been filed with the Clerk.

B. In the event an emergency is declared, the Presiding Judge

of the Court of Criminal Appeals shall appoint emergency appellate

panels of three (3) judges each from the judges chosen by the Chief

Justice of the Supreme Court, select a Presiding Judge, and assign

to each emergency appellate panel such cases as the Court of

Criminal Appeals deems necessary. At least two judges from each

emergency appellate panel must concur in any decision. The Court of

Criminal Appeals may prescribe by rule where each emergency

appellate panel shall sit and how each panel shall conduct its

business and practice before it. The Court of Criminal Appeals

shall monitor cases assigned to the Emergency Appellate Division to

ensure a timely completion of cases assigned. Cases assigned to the

Emergency Appellate Division shall be disposed of within ninety (90)

days after assignment or returned to the Court of Criminal Appeals

for further assignment resolution.

C. The Presiding Judge of the Court of Criminal Appeals shall

determine the number of emergency appellate panels necessary and no

emergency appellate panels may be created nor cases assigned to an

emergency appellate panel when the number of unassigned regular

felony appeals at issue before the Court of Criminal Appeals falls

below one hundred (100).

Added by Laws 1993, c. 292, § 4, eff. July 1, 1993.