Opinion

Gray v. State ex rel. State Election Board

  • 962 P.2d 1
  • 1998 OK 85
  • 1998 WL 420035
Court
Supreme Court of Oklahoma
Filed
Jul 28, 1998
Status
Published
Author
Opala
On the bench
Hargrave, Hodges, Kauger, Lavender, Opala, Simms, Summers, Watt, Wilson
Cited by
28 cases

The opinion

OPALA, Justice,

concurring in result.

¶ 14 Assuming that the subsection invoked against this petitioner, 20 O.S.Supp. 1997 § 1404(B)5, imposes a disqualification upon candidates for a judicial office rather than constituting merely a ground for breaeh-of-discipline proceedings before the Court on the Judiciary, the critical provision that addresses itself solely to nonelected judges is to be declared inapplicable to an appointed municipal judge whose race for office, unlike that by a special judge, does not adversely affect professional harmony and discipline among courthouse judges. Maintaining harmony and discipline in the courthouse is the only intended goal of the invoked provision in § 1404(B)5 and the sole concern that prompted the legislature to enact the law’s protection. The judiciary bears constitutional responsibility to guard against overbroad application of statutory restrictions upon a qualified individual’s freedom to seek a public office.

¶ 15 SIMMS and ALMA WILSON, JJ., absent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.