The district attorney shall designate one of the assistants in his district to be his first assistant district attorney and file such designation with the Secretary of State. Should the district attorney be absent, unable to attend to his duties, or disqualified to act, the first assistant district attorney may perform the duties required by law to be performed by the district attorney. In the event that the district attorney and all of his assistants are for any reason disqualified to act in a particular matter, the Attorney General of Oklahoma shall appoint a district attorney or assistant district attorney from another district to act in such matter. Whenever the office of district attorney shall be vacated by reason of resignation or death of the district attorney, the Governor of the State of Oklahoma shall appoint a qualified person to serve the balance of the unexpired term of said office. Added by Laws 1965, c. 256, § 9. Amended by Laws 1967, c. 265, § 5, emerg. eff. May 8, 1967; Laws 1987, c. 224, § 3, eff. Nov. 1, 1987.
Notes of Decisions
Cited in
14
cases (
1 in the last 5 years), 1977–2023 · leading case:
Driskell v. State, 659 P.2d 343 (Okla. Crim. App. 1983).
Driskell v. State, 659 P.2d 343 (Okla. Crim. App. 1983).
“4; or from the attorney general, 19 O.S.1971, § 215.9. A district attorney may, of course, employ additional assistants if the need arises, 19 O.”
Smith v. State, 727 P.2d 1366 (Okla. Crim. App. 1986).
“Daffin merely agreed to delay his departure in order to avoid another delay in this trial.”
Wright v. Grove Sun Newspaper Co., Inc., 873 P.2d 983 (Okla. 1994).
“5, administrative duties such as hiring a first assistant and filing an annual accounting, 19 O.S.1991 § 215.9 and 11, and attending grand juries, 19 O.”
Ford v. Blagojevich, 282 F. Supp. 2d 898 (C.D. Ill. 2003).
“(quoting Okla. Stat. tit. 19, § 215.9 (1987)) (emphasis in opinion).”
Abitbol v. Priore, 797 P.2d 335 (Okla. 1990).
“The provisions of 19 O.S.Supp.1987 § 215.9 clearly mandate that in the event of a district attorney’s resignation, the Governor “shall appoint a qualified person to serve the balance of the unexpired term” of the office.”
Ford v. Blagojevich, 260 F. Supp. 2d 700 (C.D. Ill. 2003).
“(quoting Okla. Stat. tit. 19, § 215.9 (1987)) (emphasis in opinion).”
Grand Jury of Seminole Cnty. v. Dye, 571 P.2d 1200 (Okla. 1977).
“Appel-lees rely on 19 O.S.1971, § 215.9, which provides that in the event the District Attorney and his Assistants are disqualified to act in a particular matter, the Attorney General of Oklahoma shall appoint some attorney of the district to act in such matter, who shall be…”
Driskell v. Goerke, 562 P.2d 157 (Okla. Crim. App. 1977).
“” 19 O.S.1971, § 215.9. Title 19 O.S.1971, § 215.”
State Ex Rel. Barton v. Veley, 651 P.2d 683 (Okla. 1982).
“Temporary appointments as district attorney were governed by 19 O.S.Supp. 1965 § 215.9. It provides in pertinent part: “The District and Superior Judges, whenever there shall be no District Attorney for the district or Assistant District Attorney for the county, or when the…”
Shepard v. State, 2023 OK CR 15 (Okla. Crim. App. 2023).
“The AG's letter cited 19 O.S. § 215.9 as authority for the recusal.”
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