Oklahoma Bar Journal

Oct 30, 2023 | okbar.org | Austin Vance

This summer, in Haaland v. Brackeen,[1] the U.S. Supreme Court affirmed the validity of the Indian Child Welfare Act (ICWA)[2] in a 7-2 opinion. More specifically, the court determined that neither the anti-commandeering doctrine nor a presumption that states handle domestic family matters invalidated the act, as the authority regulating Native Americans is squarely dedicated to Congress by the Constitution.

Sep 27, 2023 | okbar.org | Melissa Awesome |Shenice Huff

WHAT IS EXPUNGEMENT? Expungement is a mechanism provided by the Legislature that is designed to help those with criminal records who have completed their sentences by clearing said records. Record clearing is an important tool for providing some relief from the obstacles created by having a prior criminal history. Expungement or criminal record cleaning by petition is governed by 22 O.S. §§18-19.

Sep 27, 2023 | okbar.org | Melanie Wilson Rughani

Access to justice is not just a lofty ideal. In Oklahoma, at least, it is a constitutional imperative. Article II, Section 6 of the Constitution provides:The courts of justice of the State shall be open to every person, and speedy and certain remedy afforded for every wrong and for every injury to person, property, or reputation; and right and justice shall be administered without sale, denial, delay, or prejudice.

Sep 27, 2023 | okbar.org | Katie Dilks

The gold standard for meaningful access to justice is high-quality legal representation. Unfortunately for too many Oklahomans, that goal is quite literally out of reach. Oklahoma’s attorneys are increasingly concentrated in just a handful of counties, putting rural Oklahomans in the challenging situation of trying to navigate the legal system alone. This isn’t a new challenge, and it’s only getting worse.

Aug 25, 2023 | okbar.org | Melanie Wilson Rughani

Nearly every time two parties enter a courtroom, at least one leaves unhappy. It is the nature of our adversarial system. As an appellate lawyer, I routinely receive calls from trial counsel who are sitting in a district court parking lot, fuming. Inevitably, the district court’s ruling was “completely wrong,” and they want to know how to “take this up to the Supreme Court” immediately. Most often, once they get back to the office, cooler heads have prevailed.