Oklahoma Court of Criminal Appeals

Oklahoma Court of Criminal Appeals
Court Information
Justices: 5
Founded: 1907
Location: Oklahoma City, Oklahoma
Salary
Associates: $173,469
Judicial Selection
Method: Assisted appointment (Hybrid)
Term: 6 years
Active justices
Rob Hudson, David B. Lewis, Gary Lumpkin, William J. Musseman, Scott Rowland

Founded in 1907, the Oklahoma Court of Criminal Appeals is the state's court of last resort for criminal matters, while the Oklahoma Supreme Court is the court of last resort for civil matters. The court has five judgeships. The current presiding judge of the court is Scott Rowland.

As of May 2022, one judge on the court was appointed by a Democratic governor, and four judges were appointed by Republican governors.

The Oklahoma Court of Criminal Appeals meets in the Oklahoma Judicial Center in Oklahoma City, Oklahoma. The court typically holds hearings once per month.

In Oklahoma, state supreme court justices are selected through assisted appointment with a hybrid judicial nominating commission. Justices are appointed by the governor with the assistance of a commission who has no majority of members selected either by the governor or the state Bar Association. There are 10 states that use this selection method. To read more about the assisted appointment of judges, click here.

Jurisdiction

The Oklahoma court system has two courts of last resort. The Oklahoma Supreme Court has appellate jurisdiction over "cases at law and in equity," while the Oklahoma Court of Criminal Appeals has appellate jurisdiction over criminal cases.

The Oklahoma Court of Criminal Appeals hears cases involving the death penalty and all cases involving criminal matters coming from the district courts and the municipal courts of record. In the event of a dispute involving whether the Oklahoma Supreme Court or this court has jurisdiction in a case, the supreme court makes the final determination.

The following text from Article VII, Section 4 of the Oklahoma Constitution covers the jurisdiction of the court:

“	Jurisdiction of Supreme Court - Writs The appellate jurisdiction of the Supreme Court shall be co-extensive with the State and shall extend to all cases at law and in equity; except that the Court of Criminal Appeals shall have exclusive appellate jurisdiction in criminal cases until otherwise provided by statute and in the event there is any conflict as to jurisdiction, the Supreme Court shall determine which court has jurisdiction and such determination shall be final. The original jurisdiction of the Supreme Court shall extend to a general superintendent control over all inferior courts and all Agencies, Commissions and Boards created by law. The Supreme Court, Court of Criminal Appeals, in criminal matters and all other appellate courts shall have power to issue, hear and determine writs of habeas corpus, mandamus, quo warranto, certiorari, prohibition and such other remedial writs as may be provided by law and may exercise such other and further jurisdiction as may be conferred by statute. Each of the Justices or Judges shall have power to issue writs of habeas corpus to any part of the State upon petition by or on behalf of any person held in actual custody and make such writs returnable before himself, or before the Supreme Court, other Appellate Courts, or before any District Court, or judge thereof in the State. The appellate and the original jurisdiction of the Supreme Court and all other appellate courts shall be invoked in the manner provided by law.	”
—Oklahoma Constitution, Article VII, Section 4

Judges

The Oklahoma Constitution does not specify the size of the court of criminal appeals. This grants the Oklahoma State Legislature the power to change the number of judges by statute.

The table below lists the current justices of the Oklahoma Court of Criminal Appeals, their political party, and when they assumed office, and the appointing governor (if applicable).

Office	Name	Party	Date assumed office	Appointed by
Oklahoma Court of Criminal Appeals District 1	William J. Musseman	Nonpartisan	March 18, 2022	Kevin Stitt (R)
Oklahoma Court of Criminal Appeals District 2	Rob Hudson	Nonpartisan	2015	Mary Fallin (R)
Oklahoma Court of Criminal Appeals District 3	Gary Lumpkin	Nonpartisan	1989
Oklahoma Court of Criminal Appeals District 4	Scott Rowland	Nonpartisan	2017	Mary Fallin (R)
Oklahoma Court of Criminal Appeals District 5	David B. Lewis	Nonpartisan	2005	Brad Henry (D)

Judicial selection

See also: Judicial selection in Oklahoma

The five judges of the Oklahoma Court of Criminal Appeals are selected through the assisted appointment method. Each judge is appointed by the governor from a list of three names compiled by the Oklahoma Judicial Nominating Commission.

The appointed judge serves an initial term of at least one year, after which they must stand for retention during the next general election. Subsequent terms last six years.

Qualifications

To serve on the court, a judge must be:

• at least 30 years old;
• a qualified voter in his or her respective district for at least one year; and
• licensed to practice for at least five years (or have five years of service as a judge of a court of record).

Presiding judge

The presiding judge of the court is selected by peer vote, serving in that capacity for two years.

Vacancies

If a judge retires before the end of his or her term, the vacancy is filled just as it normally would be, with the governor appointing a successor from a list of names provided by the nominating commission. If the appointment is not made within 60 days of the vacancy, the chief justice is responsible for selecting a replacement. The appointed judge then must stand for retention in the next general election after he or she has served one year on the bench to serve out the remainder of his or her predecessor's term.

Elections

See also: Oklahoma Court of Criminal Appeals elections

2024

See also: Oklahoma Supreme Court elections, 2024

The terms of three Oklahoma Court of Criminal Appeals justices expired on January 12, 2025. The three seats were up for retention election on November 5, 2024. The filing deadline was September 6, 2024.

Candidates and results

Supreme Court

District 3

Oklahoma Supreme Court District 3

Noma D. Gurich was retained to District 3 of the Oklahoma Supreme Court on November 5, 2024 with 50.3% of the vote.

			Retention  Vote	%	Votes
		✔	Yes	50.3	725,064
			No	49.7	717,360
			Total Votes		1,442,424

---

It has been certified. Source

District 4

Oklahoma Supreme Court District 4

Yvonne Kauger was not retained to District 4 of the Oklahoma Supreme Court on November 5, 2024 with 49.8% of the vote.

			Retention  Vote	%	Votes
			Yes	49.8	717,063
		✖	No	50.2	723,931
			Total Votes		1,440,994

---

It has been certified. Source

District 7

Oklahoma Supreme Court District 7

James Edmondson was retained to District 7 of the Oklahoma Supreme Court on November 5, 2024 with 51.0% of the vote.

			Retention  Vote	%	Votes
		✔	Yes	51.0	737,462
			No	49.0	708,039
			Total Votes		1,445,501

---

It has been certified. Source

Court of Criminal Appeals

District 1

Oklahoma Court of Criminal Appeals District 1

William J. Musseman was retained to District 1 of the Oklahoma Court of Criminal Appeals on November 5, 2024 with 64.3% of the vote.

			Retention  Vote	%	Votes
		✔	Yes	64.3	901,331
			No	35.7	500,528
			Total Votes		1,401,859

---

It has been certified. Source

District 4

Oklahoma Court of Criminal Appeals District 4

Scott Rowland was retained to District 4 of the Oklahoma Court of Criminal Appeals on November 5, 2024 with 63.7% of the vote.

			Retention  Vote	%	Votes
		✔	Yes	63.7	889,180
			No	36.3	506,530
			Total Votes		1,395,710

---

It has been certified. Source

District 5

Oklahoma Court of Criminal Appeals District 5

David B. Lewis was retained to District 5 of the Oklahoma Court of Criminal Appeals on November 5, 2024 with 59.1% of the vote.

			Retention  Vote	%	Votes
		✔	Yes	59.1	824,173
			No	40.9	570,169
			Total Votes		1,394,342

---

It has been certified. Source

2020

See also: Oklahoma Supreme Court elections, 2020

District 1

Oklahoma Supreme Court District 1

M. John Kane IV was retained to District 1 of the Oklahoma Supreme Court on November 3, 2020 with 68.9% of the vote.

			Retention  Vote	%	Votes
		✔	Yes	68.9	952,811
			No	31.1	430,580
			Total Votes		1,383,391

---

It has been certified. Source

District 6

Oklahoma Supreme Court District 6

Tom Colbert was retained to District 6 of the Oklahoma Supreme Court on November 3, 2020 with 67.4% of the vote.

			Retention  Vote	%	Votes
		✔	Yes	67.4	937,156
			No	32.6	453,366
			Total Votes		1,390,522

---

It has been certified. Source

District 9

Oklahoma Supreme Court District 6

Tom Colbert was retained to District 6 of the Oklahoma Supreme Court on November 3, 2020 with 67.4% of the vote.

			Retention  Vote	%	Votes
		✔	Yes	67.4	937,156
			No	32.6	453,366
			Total Votes		1,390,522

---

It has been certified. Source

District 2

Oklahoma Court of Criminal Appeals District 2

Rob Hudson was retained to District 2 of the Oklahoma Court of Criminal Appeals on November 3, 2020 with 68.0% of the vote.

			Retention  Vote	%	Votes
		✔	Yes	68.0	934,578
			No	32.0	440,285
			Total Votes		1,374,863

---

It has been certified. Source

District 3

Oklahoma Court of Criminal Appeals District 3

Gary Lumpkin was retained to District 3 of the Oklahoma Court of Criminal Appeals on November 3, 2020 with 66.9% of the vote.

			Retention  Vote	%	Votes
		✔	Yes	66.9	917,375
			No	33.1	453,264
			Total Votes		1,370,639

---

It has been certified. Source

2018

See also: Oklahoma Court of Criminal Appeals elections, 2018

Candidates and results

Oklahoma Supreme Court District 7

James Edmondson was retained to District 7 of the Oklahoma Supreme Court on November 6, 2018 with 59.4% of the vote.

			Retention  Vote	%	Votes
		✔	Yes	59.4	611,334
			No	40.6	417,846
			Total Votes		1,029,180

---

It has been certified. Source

Oklahoma Supreme Court District 4

Yvonne Kauger was retained to District 4 of the Oklahoma Supreme Court on November 6, 2018 with 62.2% of the vote.

			Retention  Vote	%	Votes
		✔	Yes	62.2	637,315
			No	37.8	387,447
			Total Votes		1,024,762

---

It has been certified. Source

Oklahoma Supreme Court District 3

Noma D. Gurich was retained to District 3 of the Oklahoma Supreme Court on November 6, 2018 with 61.6% of the vote.

			Retention  Vote	%	Votes
		✔	Yes	61.6	631,733
			No	38.4	394,373
			Total Votes		1,026,106

---

It has been certified. Source

Oklahoma Court of Criminal Appeals District 4

Scott Rowland was retained to District 4 of the Oklahoma Court of Criminal Appeals on November 6, 2018 with 62.3% of the vote.

			Retention  Vote	%	Votes
		✔	Yes	62.3	634,039
			No	37.7	383,100
			Total Votes		1,017,139

---

It has been certified. Source

Oklahoma Court of Criminal Appeals District 5

David B. Lewis was retained to District 5 of the Oklahoma Court of Criminal Appeals on November 6, 2018 with 61.8% of the vote.

			Retention  Vote	%	Votes
		✔	Yes	61.8	628,010
			No	38.2	388,505
			Total Votes		1,016,515

---

It has been certified. Source

Oklahoma Court of Criminal Appeals District 1

Dana Kuehn was retained to District 1 of the Oklahoma Court of Criminal Appeals on November 6, 2018 with 64.3% of the vote.

			Retention  Vote	%	Votes
		✔	Yes	64.3	656,819
			No	35.7	364,338
			Total Votes		1,021,157

---

It has been certified. Source

Judges who faced retention

■ Carlene Clancy Smith
■ Rob Hudson

Election results

November 8 general election

Rob Hudson was retained in the Oklahoma Court of Criminal Appeals District 2 election with 61.31% of the vote.

Oklahoma Court of Criminal Appeals District 2, 2016
Name	Yes votes
Rob Hudson	61.31%
Source: Oklahoma State Election Board Official Results

Carlene Clancy Smith was retained in the Oklahoma Court of Criminal Appeals District 1 election with 59.94% of the vote.

Oklahoma Court of Criminal Appeals District 1, 2016
Name	Yes votes
Carlene Clancy Smith	59.94%
Source: Oklahoma State Election Board Official Results

2014

Retention

Judge	Election Vote
LumpkinGary Lumpkin	62.4% A

2012

Candidate	Incumbency	Party	Division	Primary Vote	Election Vote
Clancy SmithCarlene Clancy Smith   A	Yes				A

Caseloads

Oklahoma does not provide caseload statistics for its court of criminal appeals.

Analysis

Ballotpedia Courts: Determiners and Dissenters (2021)

See also: Ballotpedia Courts: Determiners and Dissenters

In 2020, Ballotpedia published Ballotpedia Courts: Determiners and Dissenters, a study on how state supreme court justices decided the cases that came before them. Our goal was to determine which justices ruled together most often, which frequently dissented, and which courts featured the most unanimous or contentious decisions.

The study tracked the position taken by each state supreme court justice in every case they decided in 2020, then tallied the number of times the justices on the court ruled together. We identified the following types of justices:

• We considered two justices opinion partners if they frequently concurred or dissented together throughout the year.
• We considered justices a dissenting minority if they frequently opposed decisions together as a -1 minority.
• We considered a group of justices a determining majority if they frequently determined cases by a +1 majority throughout the year.
• We considered a justice a lone dissenter if he or she frequently dissented alone in cases throughout the year.

Summary of cases decided in 2020

• Number of justices: 5
• Number of cases: 22
• Percentage of cases with a unanimous ruling: 77.3% (17)
• Justice most often writing the majority opinion: Judges Gary Lumpkin and David Lewis (5)
• Per curiam decisions: 0
• Concurring opinions: 21
• Justice with most concurring opinions: Judge David Lewis (10)
• Dissenting opinions: 2
• Justice with most dissenting opinions: Justice David Lewis (2)

For the study's full set of findings in Oklahoma, click here.

Ballotpedia Courts: State Partisanship (2020)

See also: Ballotpedia Courts: State Partisanship

Last updated: June 15, 2020

In 2020, Ballotpedia published Ballotpedia Courts: State Partisanship, a study examining the partisan affiliation of all state supreme court justices in the country as of June 15, 2020.

The study presented Confidence Scores that represented our confidence in each justice's degree of partisan affiliation, based on a variety of factors. This was not a measure of where a justice fell on the political or ideological spectrum, but rather a measure of how much confidence we had that a justice was or had been affiliated with a political party. To arrive at confidence scores we analyzed each justice's past partisan activity by collecting data on campaign finance, past political positions, party registration history, as well as other factors. The five categories of Confidence Scores were:

• Strong Democrat
• Mild Democrat
• Indeterminate
• Mild Republican
• Strong Republican

We used the Confidence Scores of each justice to develop a Court Balance Score, which attempted to show the balance among justices with Democratic, Republican, and Indeterminate Confidence Scores on a court. Courts with higher positive Court Balance Scores included justices with higher Republican Confidence Scores, while courts with lower negative Court Balance Scores included justices with higher Democratic Confidence Scores. Courts closest to zero either had justices with conflicting partisanship or justices with Indeterminate Confidence Scores.

Oklahoma had a Court Balance Score of 1.43, indicating Republican control of the court. In total, the study found that there were 15 states with Democrat-controlled courts, 27 states with Republican-controlled courts, and eight states with Split courts. The map below shows the court balance score of each state.

Bonica and Woodruff campaign finance scores (2012)

See also: Bonica and Woodruff campaign finance scores of state supreme court justices, 2012

In October 2012, political science professors Adam Bonica and Michael Woodruff of Stanford University attempted to determine the partisan outlook of state supreme court justices in their paper, "State Supreme Court Ideology and 'New Style' Judicial Campaigns." A score above 0 indicated a more conservative-leaning ideology while scores below 0 were more liberal. The state Supreme Court of Oklahoma was given a campaign finance score (CFscore), which was calculated for judges in October 2012. At that time, Oklahoma received a score of 0.33. Based on the justices selected, Oklahoma was the 14th most conservative court. The study was based on data from campaign contributions by judges themselves, the partisan leaning of contributors to the judges, or—in the absence of elections—the ideology of the appointing body (governor or legislature). This study was not a definitive label of a justice but rather an academic gauge of various factors.

Noteworthy cases

For a full list of opinions published by the court, click here. Know of a case we should cover here? Let us know by emailing us.

Before the U.S. Supreme Court

This section focuses on cases the U.S. Supreme Court heard that originated in this court. To suggest cases we should cover here, email us.

2024-2025 term

See also: Supreme Court cases, October term 2024-2025

The following case was heard by the U.S. Supreme Court during the 2024-2025 term.

2024-2025 Oklahoma Court of Criminal Appeals
Case	Opinion author	Decision	Vote
Glossip v. Oklahoma	Sonia Sotomayor	reversed and remanded	5-3

Ethics

The Oklahoma Code of Judicial Conduct sets forth ethical guidelines and principles for the conduct of judges and judicial candidates in Oklahoma. It is composed of four canons:

• Canon 1: "A judge shall uphold and promote the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety."
• Canon 2: "A judge shall perform the duties of judicial office impartially, competently, and diligently."
• Canon 3: "A judge shall conduct the judge’s personal and extrajudicial activities to minimize the risk of conflict with the obligations of judicial office."
• Canon 4: "A judge or candidate for judicial office shall not engage in political or campaign activity that is inconsistent with the independence, integrity, or impartiality of the judiciary."

The full text of the Oklahoma Code of Judicial Conduct can be found here.

Removal of judges

Judges in Oklahoma may be removed in one of two ways:

• By the council on judicial complaints, which receives and investigates allegations of judicial misconduct and, when appropriate, can recommend the removal of a judge from office to the court on the judiciary.
• Impeachment by the house of representatives, plus conviction by two-thirds of the senate.

Noteworthy events

Judicial district reorganization

On April 25, 2019, Gov. Kevin Stitt (R) signed HB 2366, which abolished the five existing Oklahoma Court of Criminal Appeals judicial districts and created a new system where the five judges would represent the state's five congressional districts. The changes were set to go into place in 2020 and would not affect any of the sitting judges. The law made similar changes to the Oklahoma Supreme Court, aligning five of its seats with the state's five congressional districts and designating the other four seats to represent the state at-large.

History of the court

Oklahoma was initially part of the informal Indian Territory, a region encompassing Oklahoma, Kansas, Nebraska, and part of Iowa, created in 1834 and originally envisioned for housing Native American tribes who were forcibly moved into the territory, including the Choctaw, Creek, Seminole, Cherokee, and Chickasaw. As white settlers moved in, the federal government began to assume more control of the territory. A United States district court was established in Arkansas in 1851 that included the Indian Territory. One judge was appointed by the U.S. president, and in 1897 a second judge was added. In March 1889, a law passed by Congress established a federal court system based in Muskogee, that assumed judicial authority and jurisdiction over the region. The 1889 legislation created three judicial divisions and required two court terms to be held in each division each year.

In 1890 an organic statute created the territory of Oklahoma as the Indian Territory. Three branches of government were set up, including a judiciary with a three-member supreme court.

Oklahoma achieved statehood in 1907, and with it, the Oklahoma Constitution was adopted, and provided for a judiciary. The 1907 constitution is still in effect. The criminal court of appeals was created and given exclusive appellate jurisdiction. It was a court of last resort in the state, along with the state supreme court. Appointments to the court were made by the governor, with the advice and consent of the state senate. In 1911 the legislature provided that judges would be elected rather than appointed. In the 27th Legislature, the name of the court was changed from criminal court of appeals to the court of criminal appeals.

Uniquely, the state had two courts of last resort, the supreme court, which had final jurisdiction over civil matters, and the court of criminal appeals, with final jurisdiction over criminal matters. The legislature was given the power to dissolve any court in the state at any time, except for the supreme court. Judicial power was also vested in a court of impeachment, made up of state senators, and the court on the judiciary. The legislature played a dominant role in the state's judiciary until 1967.

The Oklahoma Judicial Reform, State Question 448 (July 1967) constitutional amendment made major reforms to the judiciary by reorganizing the judicial system; providing for districts; abolishing certain courts; and providing for justice of the peace courts. Judicial reforms also removed partisan judicial elections from the court of criminal appeals, providing for retention elections instead. The amendment provided for five justices and six-year terms. The judicial reforms came out of a judicial scandal in the 1960s where three justices of the supreme court were forced out of office. The judiciary continues to have two courts of last resort.

Courts in Oklahoma

See also: Courts in Oklahoma

In Oklahoma, there are three federal district courts, a state supreme court, court of criminal appeals, court of civil appeals, and trial courts with both general and limited jurisdiction. These courts serve different purposes, which are outlined in the sections below.

Click a link for information about that court type.

• Federal courts
• State supreme court
• State court of appeals
• Trial courts

The image below depicts the flow of cases through Oklahoma's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.

The structure of Oklahoma's state court system.

Party control of Oklahoma state government

A state government trifecta is a term that describes single-party government, when one political party holds the governor's office and has majorities in both chambers of the legislature in a state government. A state supreme court plays a role in the checks and balances system of a state government.

Oklahoma has a Republican trifecta. The Republican Party controls the office of governor and both chambers of the state legislature.

.

Oklahoma Party Control: 1992-2024
Five years of Democratic trifectas  •  Fourteen years of Republican trifectas
Scroll left and right on the table below to view more years.

Year	92	93	94	95	96	97	98	99	00	01	02	03	04	05	06	07	08	09	10	11	12	13	14	15	16	17	18	19	20	21	22	23	24
Governor	D	D	D	R	R	R	R	R	R	R	R	D	D	D	D	D	D	D	D	R	R	R	R	R	R	R	R	R	R	R	R	R	R
Senate	D	D	D	D	D	D	D	D	D	D	D	D	D	D	D	S	S	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R
House	D	D	D	D	D	D	D	D	D	D	D	D	D	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R	R

See also

Oklahoma	Judicial Selection	More Courts
Courts in Oklahoma Oklahoma Court of Civil Appeals Oklahoma Court of Criminal Appeals Oklahoma Supreme Court	Elections: 2025 • 2024 • 2023 • 2022 • 2021 • 2020 • 2019 • 2018 • 2017 Gubernatorial appointments Judicial selection in Oklahoma	Federal courts State courts Local courts

External links

• Oklahoma Court of Criminal Appeals
• Oklahoma State Courts Network