Opinion

Arbuckle Simpson Aquifer Protection Federation of Oklahoma, Inc. v. Oklahoma Water Resources Board

  • 343 P.3d 1266
  • 2013 OK 29
  • 2013 Okla. LEXIS 36
  • 2013 WL 1738420
Court
Supreme Court of Oklahoma
Filed
Apr 23, 2013
Status
Published
Author
Watt
On the bench
Colbert, Combs, Edmondson, Gurich, Kauger, Reif, Taylor, Watt
Cited by
5 cases
Authority
More cited than 23.2%

The opinion

WATT, J.

concurring in part and dissenting in part.

{1 I agree with the majority that the petitioner is entitled to an administrative hearing that is fair and impartial. Nevertheless, I depart from its conclusion that any appearance of such a proceeding can occur *1273 absent the disqualification of the hearing officer.

12 In cireumstances not unlike those presented here, we ordered the disqualification of the trial judge in Miller Dollarhide, P.C. v. Tal, 2007 OK 58 , €20, 163 P.3d 548 . In that cause, there were allegations that ex parte communications occurred with the trial judge through a third-party clerk. The Court determined that there were sufficient facts presented to cause doubt as to the trial court's impartiality. Consequently, we held that "error, if any, should be made in favor of disqualification" and that failure to disqualify "was an abuse of discretion."

13 In Tal, we stated that parties are entitled to have their causes heard by a fair and impartial judge, in a due process situation where all parties find themselves on a level playing field. Here, the "appearance" is that the communications at issue created favor of one party over the other. Therefore, I dissent to the portion of the opinion allowing the hearing officer to continue participation in the cause.

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.

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