Sunday, September 17, 2017

The North Canadian River Must Be Called The 'Oklahoma River' in OKC

  When the developers of Oklahoma City's Bricktown were promoting the new entertainment district of the capitol city, they convinced state lawmakers to mandate that the North Canadian River, which serves as the major waterway through central Oklahoma, is to officially be identifies as "The Oklahoma River".

  So if you're boating between Tinker Air Force Base and The Will Rogers Airport, You're still on the North Canadian River. But we cannot guarantee that you didn't enter the twilight zone.

§82-1D.  Oklahoma River - Designation of portion of North Canadian River.

A seven-mile section of the North Canadian River, between Meridian Avenue and Eastern Avenue in Oklahoma City, shall be designated as the Oklahoma River for economic development purposes.  The Oklahoma Centennial Commission shall cause suitable markers to be placed along the seven-mile section of the river identifying the river as the “Oklahoma River”.
Added by Laws 2004, c. 112, § 1, emerg. eff. April 15, 2004.

Saturday, September 16, 2017

Deathbed Wills Are Admissible In Probate Court, Even Without A Notary

  Oklahoma law allows for a will to be presented in probate even if it was not drawn up by an attorney. It doesn't even require a notary. There is, however; a method of proving the veracity of the written & signed statement, in order to stand up in court.
  Dictionaries refer to this type of will as Olographic, or Holographic.

Olographic Will

The Louisiana term for what other states call a holographic will. This is a will that is entirely handwritten, signed, and dated by the person making it. It does not need to be notarized or witnessed.

Wednesday, September 13, 2017

Welfare Agencies Are A County Govt. Matter

In a previous post we discussed the role of county commissioners in establishing an orphanage & other functions.
The founders and leaders of our state govt. also direct the counties to deal with the other social welfare needs of their own county. 

Very little of these tasks are actually being provided by Oklahoma's 77 county governments. Tulsa County reports that they do run a County Pharmacy which provides some very low-cost medications which were provided to the county from participating medical facilities who donate remaining unused meds that current & former patients were prescribed. They only dispense what they have in stock, at the time.

Sunday, September 10, 2017

Only Some Oklahomans Are Allowed To Serve On Juries

  Oklahoma statutes direct the courts to use the list of those with a valid Oklahoma Drivers License, to use as a database of potential jurors. And anyone under 18 or over 70 is exempted. People who have an Oklahoma Identification card (obtained by the Dept of Public Safety) are also included on the database.

  In addition to that group, individuals who have neither the ID card or the drivers license, can go to the court clerk and volunteer their name to be added to the database. 

  You can only be compelled to serve once in any 5-year span. There are statutory exemptions as well as those granted special exemptions by a district court judge.

  Here's a list of the statutory exemptions

Monday, September 4, 2017

Court Clerks Can Refuse To File Your Lawsuit

  It's called a 'Sham Provision'. The state code actually uses the term to refer to frivolous legal initiatives in our civil court system. the law allows a County Court Clerk to exercise personal and professional judgment to determine if a petition to the court is a waste of time, mockery of the court, or worse.
  But fear not, there are remedies to overcome the potential abuse of power. One is a 'writ of mandamus'. And the clerk must present that demand for review to the judge.
  Don't let the Latin words fool you. Lawyers use that stuff all the time to try to either impress or intimidate us.  Mandamus means 'we command'. We derive the word 'mandate' from that original root word.

§12-29.  Clerks to file and preserve papers - Refusal to file sham legal process.

A.  It is the duty of the clerk of each of the courts to file together and carefully preserve in his office, all papers delivered to him for that purpose, except as provided in subsection B of this section, in every action or special proceeding.

Saturday, September 2, 2017

Habitually Absent City Officials Are Automatically Removed From Office

  There are a lot of  ways a city official can get removed from office. Just missing half the meetings in a 4-month span is one such trigger.

§11-8-107.  Removal of officers.

  A municipal elected official may be removed from office for any cause specified by applicable state law for the removal of officers, and by the method or methods prescribed thereby.
Laws 1977, c. 256, § 8-107, eff. July 1, 1978.

§11-8-108.  Absence from governing body meetings.

  Whenever a member of the municipal governing body is absent from more than one-half of all meetings of the governing body, regular and special, held within any period of four (4) consecutive months, he shall thereupon cease to hold office.
Laws 1977, c. 256, § 8-108, eff. July 1, 1978.

Thursday, August 31, 2017

Does Your County Have An Orphan Farm

 Shortly after World War One, the state legislature saw the need for each county to develop a comprehensive plan to respond to the crisis of orphaned & neglected children.
  This was in  a time when social welfare was seen as a county issue, rather than a state matter.

§10-131.  Powers of county commissioners - Commitment of children to other institutions, associations or corporations.

The county commissioners of any county of this state having a population of not less than seventy-five thousand (75,000) persons, according to the last Decennial Federal Census, or any Decennial Federal Census hereafter taken, are hereby authorized and empowered, if they deem it necessary or expedient, to purchase a farm and to construct, establish, equip and maintain thereon, at the expense of the county, county supervised schools and homes for neglected and dependent boys and girls of such county, under the age of sixteen (16) years, who may be appointed to such schools by the district court of such county, and to make enlargements and additions thereto from time to time.  Such commissioners shall also have power to purchase farm equipment to be used in connection with such schools, to purchase materials, supplies and equipment for manual, vocational or other training or education, and to erect, enlarge, remodel, and repair such building, dormitories, residences, administration and school buildings, and barns and outbuildings as they may from time to time deem necessary or expedient.