Oklahoma Bar Journal

Founded in 1930, the Oklahoma Bar Journal serves as the official publication for members of the Oklahoma Bar Association. It releases two issues each month, mainly featuring appellate court opinions alongside some updates from the bar association. Out of the total 34 issues published every year, ten are dedicated to specific themes and include bar news, as well as articles covering contemporary legal topics, various practice areas, trends in the legal field, ethics, and tips for effective practice management. These issues are distributed to over 16,000 attorneys licensed to practice in Oklahoma. The themes for the issues are chosen by the OBA Board of Editors, who also review and select the articles to be published.

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A Quick Summary of Brackeen: An Update on the Federal Indian Child Welfare Act

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.
Pro Bono Expungement Clinics: Creating Second Chances

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.
The Cost of Access to the Courts: Considering Court Fees, Costs and Other Financial Barriers to the Courts in the Context of Article II, Section 6

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.
When Geography Determines Justice: Examining Legal Deserts in Oklahoma

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.
Paths to the Supreme Court: A Brief Discussion of the Various Ways to Obtain Review of a District Court Order

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.
Pro Bono as an Ethical Obligation and Opportunity

Jul 24, 2023 | okbar.org | Melissa Awesome |Katie Dilks

“Professionalism for lawyers and judges requires honesty, integrity, competence, civility and public service.” – Definition from the Oklahoma Bar Association Standards of ProfessionalismPublic service and the provision of legal services for those who cannot afford them is a deeply rooted ethical obligation for attorneys.
Recent Changes to the Oklahoma Supreme Court Rules: What Practitioners Need to Know

Jan 27, 2023 | okbar.org | Jana Knott

Before 2019, the Oklahoma Supreme Court Rules had not been amended since 2014. Between 2019 and 2022, the court amended eight of its rules and added two new rules. This article provides a summary of those rule changes.
‘Of Public Right’: A Modern Look at the Age-Old Doctrine of Publici Juris and Its Discretionary Application in Appeals and Original Actions Involving the Public Interest

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

We all know the answer to the old riddle, “Where does an 800-pound gorilla sit?” Unintended comparisons aside, much the same can be said for the Oklahoma Supreme Court. Under a well-established jurisprudential doctrine, the court can, and does, intervene in disputes effectively “anywhere it wants” – at least when the question presented is of sufficient public import.
A Courtside Seat: 20 Tips for Your Civil Appeal

Jan 27, 2023 | okbar.org | Bevan G. Stockdell

Most of the justices and judges of the Supreme Court of Oklahoma and the Court of Civil Appeals have two law clerks – or staff attorneys, as the position is known in the state appellate courts. Staff attorneys are not the superstars playing in the big game, but with courtside seats, we get an incredible view of the action. We appreciate well-executed appellate advocacy but also see some of the same fouls committed over and over again.
February 2023

Jan 27, 2023 | okbar.org | Kyle Rogers