# Gray v. State ex rel. State Election Board

> Supreme Court of Oklahoma · July 28, 1998 · 962 P.2d 1

URL: https://www.frixlaw.com/law-library/cases/5166998

## Case

- **Full name:** Twyla GRAY, Candidate for District Court Judge, Seventh Judicial District, Office 2 v. STATE of Oklahoma ex rel. STATE ELECTION BOARD, Glo Henley, Chair Kenneth Monroe, Vice-Chair
- **Court:** Supreme Court of Oklahoma
- **Decided:** July 28, 1998
- **Citations:** 962 P.2d 1; 1998 OK 85; 1998 WL 420035
- **Precedential status:** Published
- **Opinion:** Concurrence by Opala
- **Judges:** Hargrave, Hodges, Kauger, Lavender, Opala, Simms, Summers, Watt, Wilson
- **Cited by:** 28 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5166998

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5166998. Public record. Not legal advice.