separation of powers doctrine (Oklahoma) · Go Syfert
← Oklahoma issues

separation of powers doctrine in Oklahoma

51 Oklahoma opinions name it 4 courts 1972–2026 6 in the last five years

The cases below were cited by Oklahoma courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (27)

CaseFollowedCited
Conaghan v. Riverfield Country Day Schoolgreen
okla · 2007 · cited in 4 Oklahoma opinions naming this issue, 2013–2016
2 sentences

2016Conaghan v. Riverfield Country Day School, 2007 OK 60, ¶ 20 , 163 P.3d 567 , In Yocum v. Greenbriar Nursing Home, this Court explained further: The separation-of-powers doctrine interdicts legislative intrusion upon the funcT tions assigned to the judiciary by the constitution.

2014See Puckett v. Cook, 1978 OK 108 , 586 P.2d 721 5 and Conaghan v. Riverfield Country Day School, 2007 OK 60 , 163 P.38d 557. 6 18 In Oklahoma State Chiropractic Independent Physicians Association v. Fallin, 2011 OK 102 , 290 P.3d 1 , this Court considered statutes 7 which attempted to change the burden of proof 8 used by the trial court when considering the medical reports of the IME's, as opposed to the medical reports of the other medical experts The statutes would have changed the burden of proof at the trial court level of the Workers' Compensation Court from preponderance of the evidence

24
Oklahoma State Chiropractic Independent Physicians Ass'n v. Fallingreen
okla · 2011 · cited in 3 Oklahoma opinions naming this issue, 2012–2014
2 sentences

2012Physicians Ass'n v. Fallin, 2011 OK 102 , 290 P.3d 1 , 2011 WL 6382024 (petition for reh'g filed), the Supreme Court of Oklahoma held that portions of 85 0.S.2011 §§ 326, 329, and 332 violated the separation of powers doctrine.

2012Physicians Ass'n v. Fallin, 2011 OK 102 , 290 P.3d 1 , 2011 WL 6382024 (petition for reh'g filed), the Supreme Court of Oklahoma held that portions of 85 0.S.2011 §§ 326, 329, and 332 violated the separation of powers doctrine.

23
Puckett v. Cookgreen
okla · 1978 · cited in 2 Oklahoma opinions naming this issue, 2014–2014
2 sentences

2014See Puckett v. Cook, 1978 OK 108 , 586 P.2d 721 5 and Conaghan v. Riverfield Country Day School, 2007 OK 60 , 163 P.38d 557. 6 18 In Oklahoma State Chiropractic Independent Physicians Association v. Fallin, 2011 OK 102 , 290 P.3d 1 , this Court considered statutes 7 which attempted to change the burden of proof 8 used by the trial court when considering the medical reports of the IME's, as opposed to the medical reports of the other medical experts The statutes would have changed the burden of proof at the trial court level of the Workers' Compensation Court from preponderance of the evidence

2014See Puckett v. Cook, 1978 OK 108 , 586 P.2d 721 5 and Conaghan v. Riverfield Country Day School, 2007 OK 60 , 163 P.38d 557. 6 18 In Oklahoma State Chiropractic Independent Physicians Association v. Fallin, 2011 OK 102 , 290 P.3d 1 , this Court considered statutes 7 which attempted to change the burden of proof 8 used by the trial court when considering the medical reports of the IME's, as opposed to the medical reports of the other medical experts The statutes would have changed the burden of proof at the trial court level of the Workers' Compensation Court from preponderance of the evidence

22
LeCroy v. Hanlongreen
tex · 1986 · cited in 2 Oklahoma opinions naming this issue, 2010–2010
2 sentences

2010In LeCroy v. Hanlon, 713 S.W.2d 335, 342 (Tex.1986), the court held that filing fees and taxes may be imposed only for purposes relating to the operation and maintenance of the courts and may not be forwarded to the state’s general revenue fund.

2010In LeCroy v. Hanlon, 713 S.W.2d 335, 342 (Tex.1986), the court held that filing fees and taxes may be imposed only for purposes relating to the operation and maintenance of the courts and may not be forwarded to the state's general revenue fund.

22
Westoak Industries, Inc. v. DeLeongreen
oklacivapp · 2013 · cited in 2 Oklahoma opinions naming this issue, 2013–2014
2 sentences

2014Division IV nonetheless followed its decision in Westoak Industries v. DeLeon, 2013 OK CIV APP 32 , 299 P.3d 878 , that held legislative attempts to prescribe standards of review for appellate courts violated the separation of powers doctrine.

2014Division IV nonetheless followed its decision in Westoak Industries v. DeLeon, 2013 OK CIV APP 32 , 299 P.3d 878 , that held legislative attempts to prescribe standards of review for appellate courts violated the separation of powers doctrine.

12
Harvey v. Auto Plus of Woodwardgreen
oklacivapp · 2012 · cited in 2 Oklahoma opinions naming this issue, 2013–2014
2 sentences

2014According to Division IV, the only court-preseribed standard of review in effect at the time of Claimant's injury was the any-competent-evidence standard of review pronounced in Parks, We granted certiorari because Division I of the Court of Civil Appeals reached the opposite conclusion from Westoak in Harvey v. Auto Plus of Woodward, 2012 OK CIV APP 92 , 287 P.3d 410 . {38 In the recent case of Kentucky Fried Chicken of McAlester v. Snell, 2014 OK 35 , 345 P.3d 351 , this Court held that the Legislature did not violate the separation of powers doctrine in prescribing the clear weight of the e

2014According to Division IV, the only court-preseribed standard of review in effect at the time of Claimant's injury was the any-competent-evidence standard of review pronounced in Parks, We granted certiorari because Division I of the Court of Civil Appeals reached the opposite conclusion from Westoak in Harvey v. Auto Plus of Woodward, 2012 OK CIV APP 92 , 287 P.3d 410 . {38 In the recent case of Kentucky Fried Chicken of McAlester v. Snell, 2014 OK 35 , 345 P.3d 351 , this Court held that the Legislature did not violate the separation of powers doctrine in prescribing the clear weight of the e

12
Ford v. Board of Tax-Roll Correctionsgreen
okla · 1967 · cited in 2 Oklahoma opinions naming this issue, 2014–2014
2 sentences

2014In other words, executive privilege is not just a vestige of common law, but is an inherent power of the Governor. 1 18 In Ford v. Board of Tax-Roll Corrections, 1967 OK 90 , T21, 481 P.2d 428 . 428, this Court recognized that inherent powers are reflected in the separation of powers clause in Article 4, § 1 of the Oklahoma Constitution.

2014In other words, executive privilege is not just a vestige of common law, but is an inherent power of the Governor. ¶13 In Ford v. Board of Tax-Roll Corrections , 1967 OK 90, ¶ 21 , 431 P.2d 423, 428 , this Court recognized that inherent powers are reflected in the separation of powers clause in Article 4, § 1 of the Oklahoma Constitution.

12
State Ex Rel. Schneider v. Bennettgreen
kan · 1976 · cited in 2 Oklahoma opinions naming this issue, 2002–2004
2 sentences

2004The court in Department of Transportation then applied a separation of powers analysis used by the Kansas Supreme Court in Schneider v. Bennett, 547 P.2d 786 (Kan. 1976).

2004Id.

12
Threadgill v. Cross, Secretary of Stategreen
okla · 1910 · cited in 2 Oklahoma opinions naming this issue, 1992–1994
2 sentences

1994Threadgill v. Cross, 26 Okla. 403 , 109 P. 558 (1910). 8 With the 1973 statutory change, exception to the Threadgill rule of withholding pre-election determination of the constitutionality of the contents of a proposed legislative measure was carved out in In re Supreme Court Adjudication of Initiative Petitions in Norman, Oklahoma, 534 P.2d 3 (Okla.1975).

1994Threadgill v. Cross, 26 Okla. 403 , 109 P. 558 (1910). [8] *785 With the 1973 statutory change, exception to the Threadgill rule of withholding pre-election determination of the constitutionality of the contents of a proposed legislative measure was carved out in In re Supreme Court Adjudication of Initiative Petitions in Norman, Oklahoma, 534 P.2d 3 (Okla. 1975).

12
Bowsher v. Synargreen
scotus · 1986 · cited in 1 Oklahoma opinions naming this issue, 2024–2024
2 sentences

2024Because the statutes authorized two legislators to perform the executive function of controlling the management of government-owned corporations, the Court found that they violated the separation-of-powers doctrine. ¶4 In Bowsher v. Synar , 478 U.S. 714 (1986), the Supreme Court considered an Act designed to eliminate the federal budget deficit.

2024The separation-of-powers doctrine demands that once the Legislature "makes its choice in enacting legislation, its participation ends." Bowsher, 478 U.S. at 733.

11
Luebbers v. Money Store, Inc.green
ark · 2001 · cited in 1 Oklahoma opinions naming this issue, 2023–2023
2 sentences

2023Bd. of Assessment Appeals , 44 A.3d 3, 7 (Pa. 2012) ("While the General Assembly necessarily must attempt to interpret the Constitution in carrying out its duties, the judiciary is not bound to the 'legislative judgment concerning the proper interpretation of constitutional terms.'" (citation omitted)); Luebbers v. Money Store, Inc ., 40 S.W.3d 745, 749 (Ark. 2001) ("An act of the General Assembly violates the separation-of-powers doctrine when it deprives the courts of the power to decide a judicial question."); Richardson v. Hare , 160 N.W.2d 883, 886 (Mich. 1968) (rejecting "the proposition

2023Bd. of Assessment Appeals , 44 A.3d 3, 7 (Pa. 2012) ("While the General Assembly necessarily must attempt to interpret the Constitution in carrying out its duties, the judiciary is not bound to the 'legislative judgment concerning the proper interpretation of constitutional terms.'" (citation omitted)); Luebbers v. Money Store, Inc ., 40 S.W.3d 745, 749 (Ark. 2001) ("An act of the General Assembly violates the separation-of-powers doctrine when it deprives the courts of the power to decide a judicial question."); Richardson v. Hare , 160 N.W.2d 883, 886 (Mich. 1968) (rejecting "the proposition

11
Richardson v. Secretary of Stategreen
mich · 1968 · cited in 1 Oklahoma opinions naming this issue, 2023–2023
2 sentences

2023Bd. of Assessment Appeals , 44 A.3d 3, 7 (Pa. 2012) ("While the General Assembly necessarily must attempt to interpret the Constitution in carrying out its duties, the judiciary is not bound to the 'legislative judgment concerning the proper interpretation of constitutional terms.'" (citation omitted)); Luebbers v. Money Store, Inc ., 40 S.W.3d 745, 749 (Ark. 2001) ("An act of the General Assembly violates the separation-of-powers doctrine when it deprives the courts of the power to decide a judicial question."); Richardson v. Hare , 160 N.W.2d 883, 886 (Mich. 1968) (rejecting "the proposition

2023Bd. of Assessment Appeals , 44 A.3d 3, 7 (Pa. 2012) ("While the General Assembly necessarily must attempt to interpret the Constitution in carrying out its duties, the judiciary is not bound to the 'legislative judgment concerning the proper interpretation of constitutional terms.'" (citation omitted)); Luebbers v. Money Store, Inc ., 40 S.W.3d 745, 749 (Ark. 2001) ("An act of the General Assembly violates the separation-of-powers doctrine when it deprives the courts of the power to decide a judicial question."); Richardson v. Hare , 160 N.W.2d 883, 886 (Mich. 1968) (rejecting "the proposition

11
Commonwealth v. Pruittgreen
pa · 2012 · cited in 1 Oklahoma opinions naming this issue, 2023–2023
2 sentences

2023Bd. of Assessment Appeals , 44 A.3d 3, 7 (Pa. 2012) ("While the General Assembly necessarily must attempt to interpret the Constitution in carrying out its duties, the judiciary is not bound to the 'legislative judgment concerning the proper interpretation of constitutional terms.'" (citation omitted)); Luebbers v. Money Store, Inc ., 40 S.W.3d 745, 749 (Ark. 2001) ("An act of the General Assembly violates the separation-of-powers doctrine when it deprives the courts of the power to decide a judicial question."); Richardson v. Hare , 160 N.W.2d 883, 886 (Mich. 1968) (rejecting "the proposition

2023Bd. of Assessment Appeals , 44 A.3d 3, 7 (Pa. 2012) ("While the General Assembly necessarily must attempt to interpret the Constitution in carrying out its duties, the judiciary is not bound to the 'legislative judgment concerning the proper interpretation of constitutional terms.'" (citation omitted)); Luebbers v. Money Store, Inc ., 40 S.W.3d 745, 749 (Ark. 2001) ("An act of the General Assembly violates the separation-of-powers doctrine when it deprives the courts of the power to decide a judicial question."); Richardson v. Hare , 160 N.W.2d 883, 886 (Mich. 1968) (rejecting "the proposition

11
Independent School District No. 1 of Oklahoma County v. Scottgreen
oklacivapp · 2000 · cited in 1 Oklahoma opinions naming this issue, 2021–2021
2 sentences

2021See Independent School District No. 1 of Oklahoma County v. Scott , 2000 OK CIV APP 121, ¶22 , 15 P.3d 1244 . 12 ¶8 Okla.

2021See Independent School District No. 1 of Oklahoma County v. Scott , 2000 OK CIV APP 121, ¶22 , 15 P.3d 1244 . 12 ¶8 Okla.

11
Estate of Michelle Evette McCall v. United Statesgreen
fla · 2014 · cited in 1 Oklahoma opinions naming this issue, 2019–2019
11
VANDELAY ENTERTAINMENT, LLC v. FALLINgreen
okla · 2014 · cited in 1 Oklahoma opinions naming this issue, 2015–2015
11
Alexander v. Stategreen
oklacrimapp · 2002 · cited in 1 Oklahoma opinions naming this issue, 2013–2013
11
Owings v. Pool Well Servicegreen
okla · 1992 · cited in 1 Oklahoma opinions naming this issue, 2013–2013
11
Strickland v. Washingtongreen
scotus · 1984 · cited in 1 Oklahoma opinions naming this issue, 2005–2005
11
Rathke v. MacFarlanegreen
colo · 1982 · cited in 1 Oklahoma opinions naming this issue, 2004–2004
11
Ethics Commission v. Cullisongreen
okla · 1993 · cited in 1 Oklahoma opinions naming this issue, 2000–2000
11
State v. Browngreen
oklacivapp · 1993 · cited in 1 Oklahoma opinions naming this issue, 1996–1996
11
Spitznas v. Stategreen
oklacrimapp · 1982 · cited in 1 Oklahoma opinions naming this issue, 1994–1994
11
Bonney v. Smithgreen
okla · 1942 · cited in 1 Oklahoma opinions naming this issue, 1994–1994
11
Helms v. Secretary of the Treasurygreen
dcd · 1989 · cited in 1 Oklahoma opinions naming this issue, 1993–1993
11
Peebly v. Childersgreen
okla · 1923 · cited in 1 Oklahoma opinions naming this issue, 1991–1991
11
Legislative Research Commission Ex Rel. Prather v. Browngreen
ky · 1984 · cited in 1 Oklahoma opinions naming this issue, 1990–1990
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Oklahoma. Read the followed side critically anyway.

Also cited on this issue (53)

CaseCitedYears
Bynum v. Strain green
okla · 1923
2 sentences

2023Human Serv. v. Malibie , 1981 OK 18 630 P.2d 310 KUEHN, J., SPECIALLY CONCURRING: ¶1 I agree with the Majority that issue preclusion does not bar the courts from hearing this case. ¶2 I also agree with the Majority that the separation of powers clause does not prevent this Court from interpreting the meaning of "actual daily cost." Section 38 does not give the State Auditor authority to define "actual daily cost" Bynum v. Strain , 1923 OK 596 218 P. 883 ¶3 It is important to understand that in interpreting the ambiguous statutory term, this Court's interpretation is not intended to direct the

2023Human Serv. v. Malibie , 1981 OK 18 630 P.2d 310 KUEHN, J., SPECIALLY CONCURRING: ¶1 I agree with the Majority that issue preclusion does not bar the courts from hearing this case. ¶2 I also agree with the Majority that the separation of powers clause does not prevent this Court from interpreting the meaning of "actual daily cost." Section 38 does not give the State Auditor authority to define "actual daily cost" Bynum v. Strain , 1923 OK 596 218 P. 883 ¶3 It is important to understand that in interpreting the ambiguous statutory term, this Court's interpretation is not intended to direct the

32000–2023
Yocum v. Greenbriar Nursing Home green
okla · 2005
2 sentences

2014Rather, it prohibits the Legislature from affording any one form of proof an elevated standard over similar evidence presented, thus robbing "that tribunal of its independent power to establish impairment or disability within the range of received competent evidence." Yocum at 130 P.3d 213, 220-221 . [emphasis added] 4 ¶7 Westoak, supra, cites several cases which are cited as persuasive authority for finding a separation of powers violation.

2014Rather, it prohibits the Legislature from affording any one form of proof an elevated standard over similar evidence presented, thus robbing "that tribunal of its independent power to establish impairment or disability within the range of received competent evidence." Yocum at 130 P.3d 213, 220-221 . [emphasis added] 4 *354 T7 WestOak, supra, cites several cases which are cited as persuasive authority for finding a separation of powers violation.

32011–2014
Bailey v. State Board of Public Affairs green
okla · 1944
2 sentences

1992Bailey v. State Board of Public Affairs, 194 Okl. 495 , 153 P.2d 235 (1944).

1990Also see Legislative Research Com'n. v. Brown, 665 S.W. 2d 907 , 923 (Ky. 1984) in which the court reached a like conclusion. ¶ 24 Having concluded that the "unless otherwise provided by law" language does not itself confer upon the Legislature the power to make executive appointments, we next determine whether the Separation of Powers principle itself would allow such appointments. ¶ 25 As noted earlier, in Bailey v. State Board of Public Affairs, 153 P.2d 235 (Okla. 1945), the Oklahoma Supreme Court determined that the policy declared by the Legislature relating to the transfer of functions,

31984–1992
DUTTON v. CITY OF MIDWEST CITY green
okla · 2015
2 sentences

2023Dutton v. City of Midwest City , 2015 OK 51 353 P.3d 532 Id .

2023Dutton v. City of Midwest City , 2015 OK 51 353 P.3d 532 Id .

22023–2023
State Ex Rel. Haskell v. Huston green
okla · 1908
2 sentences

2018Haskell v. Huston , 1908 OK 157 , ¶ 75, 21 Okl. 782 , 97 P. 982 , 995. ¶8 Even were it possible for this Court to create an appellate remedy without doing violence to the doctrine of separation of powers, it could not be done by extraordinary writ without doing violence to our jurisprudence in those two areas.

2018Haskell v. Huston , 1908 OK 157 , ¶ 75, 21 Okl. 782 , 97 P. 982 , 995. ¶8 Even were it possible for this Court to create an appellate remedy without doing violence to the doctrine of separation of powers, it could not be done by extraordinary writ without doing violence to our jurisprudence in those two areas.

22018–2018
Board of Trustees v. Attorney General of the Commonwealth green
ky · 2003
2 sentences

2016Id.

2016Id.

22016–2016
Edmondson v. Pearce green
okla · 2004
2 sentences

2011Additionally, the Chiropractors correctly point out that declaratory relief may be sought in an original action in this Court, citing Edmondson v. Pearce, 2004 OK 23 , 91 P.3d 605 . ¶ 4 The Chiropractors also claim that these provisions violate the separation-of-powers clause in the Oklahoma Constitution (Art.

2011Additionally, the Chiropractors correctly point out that declaratory relief may be sought in an original action in this Court, citing Edmondson v. Pearce, 2004 OK 23 , 91 P.3d 605 . ¶ 4 The Chiropractors also claim that these provisions violate the separation-of-powers clause in the Oklahoma Constitution (Art.

22009–2011
Dickson v. State green
oklacrimapp · 1924
2 sentences

1994Threadgill v. Cross, 26 Okla. 403 , 109 P. 558 (1910). 8 With the 1973 statutory change, exception to the Threadgill rule of withholding pre-election determination of the constitutionality of the contents of a proposed legislative measure was carved out in In re Supreme Court Adjudication of Initiative Petitions in Norman, Oklahoma, 534 P.2d 3 (Okla.1975).

1994Threadgill v. Cross, 26 Okla. 403 , 109 P. 558 (1910). [8] *785 With the 1973 statutory change, exception to the Threadgill rule of withholding pre-election determination of the constitutionality of the contents of a proposed legislative measure was carved out in In re Supreme Court Adjudication of Initiative Petitions in Norman, Oklahoma, 534 P.2d 3 (Okla. 1975).

21992–1994
In Re County Com'rs of Counties Comprising Seventh Judicial Dist. green
okla · 1908
2 sentences

1990In reaching this conclusion, the Court specifically noted that the Separation of Powers Clause required separation among the branches of Government "except as provided in this Constitution." ¶ 28 In Federalist Paper No. 47, James Madison discusses the separation of powers doctrine, quoting Montesquieu's Dissertation on the Spirit of the Laws ; the same work our State Supreme Court relied on in In re County Commissioners, 98 P. 557 (Okla. 1908).

1989As noted above, the Oklahoma Supreme Court in In re County Com'rs, 98 P. 557 , 561-562 (Okla. 1908), specifically held that the fixing of a term of office is a legislative function. ¶ 17 As fixing a term of office is a legislative function, and as the statutes in question merely define terms of office, the statutes neither violate the separation of powers doctrine, nor the Governor's appointment powers. ¶ 18 It is, therefore, the official opinion of the Attorney General that the provisions of 8 O.S. 203 (1988); 59 O.S. 1203 (1988), and 59 O.S. 1455 (1988), which provide that various terms of e

21989–1990
State Ex Rel. York v. Turpen green
okla · 1984
2 sentences

1987York v. Turpen, 681 P.2d 763 (Okla. 1984), this Court noted that the import of the separation of powers doctrine was to prevent the imposition of the will of one branch upon the decision making areas rightly reposed in another.

1987York v. Turpen, 681 P.2d 763 (Okla.1984), this Court noted that the import of the separation of powers doctrine was to prevent the imposition of the will of one branch upon the decision making areas rightly reposed in another.

21987–1987
United States v. Klein green
scotus · 1872
1 sentence

2026In United States v. Klein , 80 U.S. 128 (1871), the Supreme Court ruled that Congress cannot pass a law that dictates how courts should decide cases.

12026–2026
BD. OF COUNTY COMMISSIONERS v. STATE ex rel. OKLA. DEPT. OF CORRECTIONS neutral
oklacivapp · 2021
1 sentence

2023Board of County Commissioners of County of Seminole v. Oklahoma Department of Corrections , 2021 OK CIV APP 33 499 P.3d 33 57 O.S. § 38 We note, parenthetically, that DOC's prevailing argument in Seminole wherein it argued that the State Auditor had exclusive jurisdiction over disputes between counties and DOC for reimbursement claims contradicts its argument here that "asking the judiciary to interpret a statute does not create a separation of powers conflict with the Auditor's § 38 duties." The separation of powers clause does not bar this Court from exercising jurisdiction to determine the

12023–2023
State Ex Rel. Department of Human Services v. Malibie green
okla · 1981
2 sentences

2023Human Serv. v. Malibie , 1981 OK 18 630 P.2d 310 KUEHN, J., SPECIALLY CONCURRING: ¶1 I agree with the Majority that issue preclusion does not bar the courts from hearing this case. ¶2 I also agree with the Majority that the separation of powers clause does not prevent this Court from interpreting the meaning of "actual daily cost." Section 38 does not give the State Auditor authority to define "actual daily cost" Bynum v. Strain , 1923 OK 596 218 P. 883 ¶3 It is important to understand that in interpreting the ambiguous statutory term, this Court's interpretation is not intended to direct the

2023Human Serv. v. Malibie , 1981 OK 18 630 P.2d 310 KUEHN, J., SPECIALLY CONCURRING: ¶1 I agree with the Majority that issue preclusion does not bar the courts from hearing this case. ¶2 I also agree with the Majority that the separation of powers clause does not prevent this Court from interpreting the meaning of "actual daily cost." Section 38 does not give the State Auditor authority to define "actual daily cost" Bynum v. Strain , 1923 OK 596 218 P. 883 ¶3 It is important to understand that in interpreting the ambiguous statutory term, this Court's interpretation is not intended to direct the

12023–2023
Clark v. Carter green
okla · 1922
2 sentences

2023The Legislature, however, failed to define the method or manner in which the State Auditor shall determine the "actual daily cost." We have said that "by failing to define the limits of [the State Auditor's] duties and to prescribe the manner of [her] performance, [she] is left to [her] own judgment in the discharge of [her] duties imposed." Clark v. Carter , 1922 OK 106 , 209 P. 932, 938 . ¶21 The State Auditor contends that because 57 O.S. § 38 confers on her a discretionary executive duty to determine the "actual daily cost," district courts lack subject matter jurisdiction in adjudicating

2023The Legislature, however, failed to define the method or manner in which the State Auditor shall determine the "actual daily cost." We have said that "by failing to define the limits of [the State Auditor's] duties and to prescribe the manner of [her] performance, [she] is left to [her] own judgment in the discharge of [her] duties imposed." Clark v. Carter , 1922 OK 106 , 209 P. 932, 938 . ¶21 The State Auditor contends that because 57 O.S. § 38 confers on her a discretionary executive duty to determine the "actual daily cost," district courts lack subject matter jurisdiction in adjudicating

12023–2023
Board of Com'rs of Grant County v. Comstock neutral
okla · 1932
2 sentences

2021The attempt to interfere with the performance of a purely discretionary act violated the Constitution's separation of powers doctrine); Board of Commissioners of Grant County v. Comstock , 1932 OK 846, ¶¶11-17 , 17 P.2d 501 (Legislature vested in County Commissioners power to maintain and repair county roads.

2021The attempt to interfere with the performance of a purely discretionary act violated the Constitution's separation of powers doctrine); Board of Commissioners of Grant County v. Comstock , 1932 OK 846, ¶¶11-17 , 17 P.2d 501 (Legislature vested in County Commissioners power to maintain and repair county roads.

12021–2021
Smith v. Department of Ins. green
fla · 1987
12019–2019
Etheridge v. Medical Center Hospitals green
va · 1989
12019–2019
Judd v. Drezga green
utah · 2004
1 sentence

2019Judd v. Drezga , 103 P.3d 135 (Utah 2004) (statutory cap of $250,000 on noneconomic damages did not violate constitutional open courts clause, equal protection, due process, right to a jury trial or a separation of powers doctrine).

12019–2019
Pulliam v. Coastal Emergency Services of Richmond, Inc. green
va · 1999
12019–2019
In Re Adoption of the 2007 Revisions to the Oklahoma Uniform Jury Instructions neutral
oklacrimapp · 2007
12016–2016
Sollenberger v. AA CONSTRUCTION COMPANY green
coloctapp · 1971
12014–2014
KENTUCKY FRIED CHICKEN OF McALESTER v. SNELL green
okla · 2014
12014–2014
Pierce v. Underwood green
scotus · 1988
12012–2012
Murphy v. State green
oklacrimapp · 2002
12006–2006
In Re Initiative Petition No. 349, State Question No. 642 green
okla · 1992
12004–2004
Oklahomans for Modern Alcoholic Beverage Controls, Inc. v. Shelton green
okla · 1972
12004–2004
State Ex Rel. Hensley v. Eubanks neutral
oklacrimapp · 1962
12004–2004
Forbes v. United States green
scotus · 1993
12004–2004
Soldier of Fortune Magazine, Inc. v. Braun green
scotus · 1993
12004–2004
Commodity Futures Trading Commission v. Schor green
scotus · 1986
12003–2003
Jones v. Freeman green
okla · 1943
12000–2000
Jones v. State green
oklacrimapp · 1982
11999–1999
Oyler v. Boles green
scotus · 1962
11999–1999
Bland v. United States green
scotus · 1973
11999–1999
United States v. Jerome T. Bland green
cadc · 1973
11999–1999
Allen v. City of Mobile green
scotus · 1973
11999–1999
Meyer v. Weil green
scotus · 1973
11999–1999
In Re Supreme Court Adjudication of Initiative Petitions in Norman green
okla · 1975
11994–1994
City of Clinton Ex Rel. Richardson v. Cornell neutral
okla · 1942
11994–1994
Clarke v. United States green
dcd · 1988
11993–1993

Statutes the citing opinions construe

OK § Okla. Stat. tit. 22, § 1053 (3) OK § Okla. Stat. tit. 22, § 9 (3) OK § Okla. Stat. tit. 57, § 38 (3) OK § Okla. Stat. tit. 57, § 42 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

OH 574 (1971–2026) TX 550 (1966–2026) CA 537 (1941–2026) IL 344 (1958–2026) FL 277 (1969–2026) PA 258 (1963–2026) WA 207 (1942–2026) MI 184 (1956–2026) AL 173 (1980–2026) NY 170 (1959–2026) NJ 146 (1955–2026) KS 127 (1969–2026) CO 123 (1959–2026) MN 120 (1978–2025) AR 115 (1978–2026) KY 109 (1971–2026) AZ 97 (1975–2026) MD 93 (1954–2026) CT 79 (1970–2026) WI 78 (1941–2025) NV 71 (1977–2026) IN 63 (1968–2025) TN 60 (1978–2026) IA 55 (1976–2026) ND 51 (1979–2024) OK 51 (1972–2026) GA 47 (1969–2025) NM 47 (1957–2025) LA 46 (1976–2026) MO 45 (1970–2025) MS 43 (1969–2020) WV 43 (1981–2026) AK 42 (1969–2025) ID 41 (1962–2026) NC 40 (1979–2026) OR 39 (1962–2023) SC 39 (1975–2026) SD 38 (1968–2026) NH 35 (1957–2025) NE 34 (1979–2024) WY 28 (1978–2024) UT 27 (1978–2021) MA 26 (1952–2025) VT 25 (1984–2026) RI 24 (1962–2020) ME 23 (1970–2025) VA 22 (1984–2024) HI 19 (1994–2025) DC 17 (1976–2025) VI 16 (1995–2026) DE 12 (1951–2026) MT 12 (1983–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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