A. Special judges may hear and decide the following: 1. Actions for the recovery of money where the amount claimed does not exceed Ten Thousand Dollars ($10,000.00) and counterclaim or setoff does not exceed Ten Thousand Dollars ($10,000.00); 2. All uncontested matters, whether by default, agreement or otherwise, except that a nonlawyer special judge may not hear any
uncontested matters, whether by default, agreement or otherwise, in actions for the recovery of money where judgment is sought for a greater sum than One Thousand Dollars ($1,000.00); 3. Actions for forcible entry and detainer except a nonlawyer special judge may not hear such actions if title to land or a boundary dispute is involved; 4. Actions for replevin where the amount in controversy does not exceed Ten Thousand Dollars ($10,000.00), except that nonlawyer special judges may not hear such actions where the amount in controversy exceeds One Thousand Dollars ($1,000.00); 5. Misdemeanors, except that special judges who are not lawyers may not hear criminal actions where the punishment prescribed by law exceeds a fine of Two Hundred Dollars ($200.00), or imprisonment in a county jail for thirty (30) days, or both such fine and imprisonment except by written consent of all parties; 6. Felonies involving a second and subsequent offense of driving, operating, or being in actual physical control of a motor vehicle while under the influence of alcohol or any other intoxicating substance, including any controlled dangerous substance as defined in the Uniform Controlled Dangerous Substances Act, to a degree that renders the defendant incapable of safely driving or operating a motor vehicle, except that nonlawyer special judges may not hear such matters; 7. When there is no district or associate district judge present in the county or when they are disqualified, the issuance of a temporary injunction or restraining order, but this paragraph shall not embrace nonlawyer special judges; 8. Issuance of writs of habeas corpus, but this paragraph shall not embrace nonlawyer special judges; 9. Any matter, regardless of value, at any stage, whether intermediate or final, and whether or not title to property, real, personal, tangible, intangible, or any combination thereof, is to be determined, in a probate, divorce, domestic relations, custody, support, guardianship, conservatorship, mental health, juvenile, adoption, or determination of death proceeding, except that nonlawyer special judges may not hear such matters; 10. An appeal from an order of the Department of Public Safety revoking a person's license to drive, except that nonlawyer special judges may not hear such matters; 11. Other actions and proceedings, regardless of court rules, where the parties agree in writing, at any time before trial, to the action being heard by a special judge; 12. Any postjudgment collection matter regardless of the amount of the judgment; and 13. Youthful offender cases pursuant to the Youthful Offender Act.
B. Special judges shall be authorized to serve as referee in any matter before the district court. C. A special judge may perform the duties of a magistrate in criminal cases. Added by Laws 1968, c. 350, § 2. Amended by Laws 1970, c. 79, § 1; Laws 1971, c. 143, § 1, operative July 1, 1971; Laws 1972, c. 109, § 1, emerg. eff. March 31, 1972; Laws 1973, c. 176, § 1, operative Oct. 1, 1973; Laws 1974, c. 14, § 1, emerg. eff. April 3, 1974; Laws 1978, c. 87, § 3, eff. Oct. 1, 1978; Laws 1982, c. 201, § 1, emerg. eff. April 27, 1982; Laws 1985, c. 277, § 11, eff. Nov. 1, 1985; Laws 1985, c. 320, § 5, emerg. eff. July 29, 1985; Laws 1988, c. 62, § 2, eff. Nov. 1, 1988; Laws 1989, c. 272, § 1, emerg. eff. May 22, 1989; Laws 1997, c. 224, § 1, eff. Nov. 1, 1997; Laws 1998, c. 268, § 13, eff. July 1, 1998.
Notes of Decisions
Cited in
24
cases (
1 in the last 5 years), 1970–2025 · leading case:
Lee v. Hester, 642 P.2d 243 (Okla. 1982).
Lee v. Hester, 642 P.2d 243 (Okla. 1982).
· cites it 10× “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.”
Harris v. State, 841 P.2d 597 (Okla. Crim. App. 1992).
· cites it 2× “This holding was based upon the limited jurisdiction of special judges at that time as set forth in 20 O.S.1971, § 123. The Court in Nuckols discussed the effect of judicial reorganization which created one district court with general jurisdiction.”
James v. State, 637 P.2d 862 (Okla. Crim. App. 1981).
“87, § 3; now 20 O.S.Supp.1980, § 123. In the case now before this Court, Judge Cannon, who was presiding at the trial, apparently believed that a special judge lacked the authority to grant immunity in view of Nuckols v.”
In Re Est. of Greer, 2006 OK CIV APP 7 (Okla. Civ. App. 2005).
· cites it 2× “2d 65 , 1978 OK 43 , the Oklahoma Supreme Court held that a waiver of jurisdiction of a special judge does not have to be made in writing where no objection is made before the trial or hearing begins, reconciling 20 O.S. § 123 and § 124. Son's argument regarding the special…”
Burk v. Burk, 577 P.2d 65 (Okla. 1978).
· cites it 3× “20 O.S.Supp.1974, § 123 sets forth the matters that may be heard by Special Judges.”
Eskridge v. Ladd, 811 P.2d 587 (Okla. 1991).
“The small claims court then granted Ladd’s Motion to Vacate on the basis that it had lost jurisdiction over the case when the amount of the counterclaim filed by defendant exceeded the jurisdictional amount that a special judge could consider under 20 O.S.1985 § 123(A)(1). The…”
Rogers v. Lansdown, 829 P.2d 687 (Okla. Crim. App. 1992).
· cites it 2× “1991, § 5-401, and then concludes that the grant of jurisdiction at 20 O.S.1991, § 123(A)(10), for a special judge to conduct all stages in mental health proceedings, confers jurisdiction to a special judge to preside over post-examination competency hearings in criminal cases.”
Nicodemus v. Dist. Court of Oklahoma Cnty., 473 P.2d 312 (Okla. Crim. App. 1970).
“” 20 O.S.Supp.1969, § 123(6). Furthermore, the legislature provided that “It shall not be necessary to file an information after the preliminary examination where the complaint or preliminary information satisfied the requirements for an information.”
White & Waddell v. Stitt, 2025 OK 68 (Okla. 2025).
· cites it 2× “FOOTNOTES See 20 O.S. § 123 See Okla. Const. art. 7, § 8(h).”
Bowen v. State, 497 P.2d 1094 (Okla. Crim. App. 1972).
“As to the express authority of special judges, 20 O.S.1971, § 123 provides: “A. Special judges may hear the following actions: (1) (a) Actions for the recovery of money where the amount claimed does not exceed Two Thousand Five Hundred Dollars ($2,500.”
Nuckols v. Van Wagner, 511 P.2d 1110 (Okla. Crim. App. 1973).
“However, under authority of Article VII, Oklahoma Constitution, § 7, the legislature in 20 O.S.1971, § 123, has limited the “jurisdiction” of special judges to final adjudication of misdemeanors and magistrate authority in all criminal matters.”
Matter of R.P.R.G., 584 P.2d 239 (Okla. Crim. App. 1978).
· cites it 2× “The juvenile further alleges that when he was brought before a judge, he was brought before a special judge, which under the provisions of 20 O.S.1971, § 123 B, was improper. That statute states that a special judge may serve as a referee in cases on the juvenile docket with the…”
Okla. Stat. tit. 20, § 123(6): 1 case
Nicodemus v. Dist. Court of Oklahoma Cnty., 473 P.2d 312 (Okla. Crim. App. 1970).
“” 20 O.S.Supp.1969, § 123(6). Furthermore, the legislature provided that “It shall not be necessary to file an information after the preliminary examination where the complaint or preliminary information satisfied the requirements for an information.”
Okla. Stat. tit. 20, § 123(A)(1): 3 cases
Eskridge v. Ladd, 811 P.2d 587 (Okla. 1991).
“The small claims court then granted Ladd’s Motion to Vacate on the basis that it had lost jurisdiction over the case when the amount of the counterclaim filed by defendant exceeded the jurisdictional amount that a special judge could consider under 20 O.S.1985 § 123(A)(1). The…”
Okla. Stat. tit. 20, § 123(A)(10): 1 case
Rogers v. Lansdown, 829 P.2d 687 (Okla. Crim. App. 1992).
“1991, § 5-401, and then concludes that the grant of jurisdiction at 20 O.S.1991, § 123(A)(10), for a special judge to conduct all stages in mental health proceedings, confers jurisdiction to a special judge to preside over post-examination competency hearings in criminal cases.”
Okla. Stat. tit. 20, § 123(A)(2)(3): 1 case
Okla. Stat. tit. 20, § 123(A)(4): 1 case
Okla. Stat. tit. 20, § 123(A)(9): 4 cases
In Re Est. of Greer, 2006 OK CIV APP 7 (Okla. Civ. App. 2005).
“2d 65 , 1978 OK 43 , the Oklahoma Supreme Court held that a waiver of jurisdiction of a special judge does not have to be made in writing where no objection is made before the trial or hearing begins, reconciling 20 O.S. § 123 and § 124. Son's argument regarding the special…”
Rogers v. Lansdown, 829 P.2d 687 (Okla. Crim. App. 1992).
“1991, § 5-401, and then concludes that the grant of jurisdiction at 20 O.S.1991, § 123(A)(10), for a special judge to conduct all stages in mental health proceedings, confers jurisdiction to a special judge to preside over post-examination competency hearings in criminal cases.”
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