The Authority of Special Judges in Oklahoma
Understanding Special Judges in Oklahoma
My name is James Wirth. As an Oklahoma lawyer, I often get asked whether special judges can hear family law cases in the state. To answer this question, it’s important to first understand what a special judge is. In Oklahoma, special judges are the lowest level of judges and are appointed by the district judge. They do not have the same authority as elected district judges and can only hear certain types of cases as outlined in Title 20, Section 123 of the state’s statutes.
Special judges can handle civil cases for the recovery of up to $10,000, uncontested default matters for the recovery of money where the sum sought is greater than $1,000, actions for forcible entry and detainers, and actions for replevin. They can also handle misdemeanors and preliminary hearings for lower-level felony cases such as felony DUIs. However, they cannot handle trial-level felony cases unless it’s a felony DUI.
Can Special Judges Hear Family Law Cases?
Now, coming back to the question at hand, can special judges hear family law cases in Oklahoma? The answer is yes, but with a caveat. According to subsection nine of Title 20, Section 123, special judges can hear all types of family law matters, including divorce, custody, support, guardianship, mental health, juvenile adoption, or determination of death proceedings. However, non-lawyer special judges cannot hear such cases.
While technically speaking, one doesn’t need to be a lawyer to be a special judge in Oklahoma, practically speaking, most special judges are lawyers with experience. Therefore, when districts are looking for a special judge, they usually choose a lawyer to avoid any issues where certain types of cases cannot be handled.
Get Legal Advice on Family Law Matters
While it’s clear that special judges can handle family law cases in Oklahoma, it’s important to seek legal advice on any family law matter. If you have further questions related to family law in the state of Oklahoma, please schedule an initial strategy session with a Tulsa family law attorney at my office. You can visit us online at makelaweasy.com.
