It's Still the Law

Deathbed Wills Are Admissible In Probate Court Even Without A Notary

10/31/2021

Deathbed Wills Are Admissible In Probate Court Even Without A Notary:

Deathbed Wills Are Admissible In Probate Court Even Without A Notary:

Deathbed Wills Are Admissible In Probate Court Even Without A Notary:

Deathbed Wills Are Admissible In Probate Court Even Without A Notary:

Deathbed Wills Are Admissible In Probate Court Even Without A Notary:

Deathbed Wills Are Admissible In Probate Court, Even Without A Notary:

Oklahoma law allows for a will to be presented in probate even if it was not drawn up by an attorney. It doesn’t even require a notary. There is, however; a method of proving the veracity of the written & signed statement, in order to stand up in court.

Dictionaries refer to this type of will as Olographic, or Holographic.

Olographic Will

The Louisiana term for what other states call a holographic will. This is a will that is entirely handwritten, signed, and dated by the person making it. It does not need to be notarized or witnessed.

§58-31. Olographic will, how proved.

An olographic will may be proved in the same manner that other private writings are proved.
R.L.1910, § 6209.

Welfare Agencies Are A County Govt. Matter

10/30/2021

Welfare Agencies Are A County Govt. Matter:

Welfare Agencies Are A County Govt. Matter:

Welfare Agencies Are A County Govt. Matter:

Welfare Agencies Are A County Govt. Matter:

Welfare Agencies Are A County Govt. Matter:

Welfare Agencies Are A County Govt. Matter:

In a previous post we discussed the role of county commissioners in establishing an orphanage & other functions.

The founders and leaders of our state govt. also direct the counties to deal with the other social welfare needs of their own county.

Very little of these tasks are actually being provided by Oklahoma’s 77 county governments. Tulsa County reports that they do run a County Pharmacy which provides some very low-cost medications which were provided to the county from participating medical facilities who donate remaining unused meds that current & former patients were prescribed. They only dispense what they have in stock, at the time.

§56-31. Overseers of the indigent.

The county commissioners of the counties of this state shall be overseers of the indigent for their respective counties, and shall perform all the duties with reference to the indigent of their counties that may be prescribed by law and under such restrictions as the county commissioners shall consider most advantageous for the interests of their respective counties and the welfare of the people therein.

R.L. 1910, § 4525. Amended by Laws 1994, c. 87, § 3, eff. Sept. 1, 1994.

§56-32. Duties of overseers.

The overseers of the indigent in each county shall have the oversight and care of all the indigent persons in their county so long as such persons remain a county charge. Such overseers shall see that the indigent are taken care of in the manner provided by law, and under such restrictions as the county commissioners shall consider most advantageous for the interests of their respective counties and the welfare of the people therein.

R.L. 1910, § 4526. Amended by Laws 1994, c. 87, § 4, eff. Sept. 1, 1994.

§56-32.1. Authority to establish county department.

In all counties of this state having a population in excess of two hundred thousand (200,000), as shown by the last Federal Decennial Census, the boards of county commissioners are hereby given authority in their respective counties to establish a department which shall be known as the “Human Services Center” or “Social Services Center,” wherein may be housed the “Indigent Care Facility” and any other services for the care of the indigent which the board of county commissioners may deem to be in the best interests of their respective counties and the welfare of the people therein.

Added by Laws 1994, c. 87, § 5, eff. Sept. 1, 1994.

Only Some Oklahomans Are Allowed To Serve On Juries

10/29/2021

Only Some Oklahomans Are Allowed To Serve On Juries:

Only Some Oklahomans Are Allowed To Serve On Juries:

Only Some Oklahomans Are Allowed To Serve On Juries:

Only Some Oklahomans Are Allowed To Serve On Juries:

Only Some Oklahomans Are Allowed To Serve On Juries:

Only Some Oklahomans Are Allowed To Serve On Juries:

Oklahoma statutes direct the courts to use the list of those with a valid Oklahoma Drivers License, to use as a database of potential jurors. And anyone under 18 or over 70 is exempted. People who have an Oklahoma Identification card (obtained by the Dept of Public Safety) are also included on the database.

In addition to that group, individuals who have neither the ID card or the drivers license, can go to the court clerk and volunteer their name to be added to the database.

You can only be compelled to serve once in any 5-year span. There are statutory exemptions as well as those granted special exemptions by a district court judge.

Here’s a list of the statutory exemptions C. Persons who are not qualified to serve as jurors are:

1. Justices of the Supreme Court or the Court of Civil Appeals; 2. Judges of the Court of Criminal Appeals or the district court; 3. Sheriffs or deputy sheriffs; 4. Licensed attorneys engaged in the practice of law; 5. Persons who have been convicted of any felony or who have served a term of imprisonment in any penitentiary, state or federal, for the commission of a felony; provided, any such citizen convicted, who has been fully restored to his or her civil rights, shall be eligible to serve as a juror; and 6. Legislators during a session of the Legislature or when involved in state business.

D. Jailers or law enforcement officers, municipal, state or federal, shall be eligible to serve on noncriminal actions only. E. Upon his or her request, a person shall be exempt from service as a juror if the person is:

1. A member of the Armed Forces of the United States who is serving on active duty during a time of war or declared hostilities; or 2. A mother who is breast-feeding a baby.

§38-18. Licensed drivers list - Time period - Volunteers - Name and address changes.

For the purpose of ascertaining names of all persons qualified for jury service: 1. The Commissioner of Public Safety shall cause to be provided to the Administrative Director of the Courts, not later than the first day of October of each year, a list by county of residence of persons who reside in the county, who are eighteen (18) years of age or older, and who are holders of a current driver license or a current identification license issued by the Department of Public Safety. The list shall contain the name, date of birth, and mailing address of each person listed. The list may be maintained in electronic format and shall be used exclusively for jury selection purposes. The Administrative Director of the Courts and the court clerk shall not copy or permit any person to copy the list or any portion thereof for purposes other than jury selection; 2. All names and addresses of the persons so listed under the provisions of paragraph 1 of this section shall be used thereafter in the selection of juries; provided, however, no jury panel shall be quashed because of a duplication of names; 3. The list will be furnished by the Administrative Director of the Courts to the district courts according to the period of time and in the format prescribed by the Administrative Director of the Courts, and the district courts may maintain and use the list in electronic format as a necessary part of an approved electronic jury management system implemented pursuant to Section 13 of this act; 4. The provisions of this section shall not be construed to preclude persons otherwise qualified to serve as jurors from volunteering for jury service in a manner prescribed by the Administrative Director of the Courts; and 5. The Administrative Director of the Courts, the trial court administrator or the court clerk may accept changes or corrections in a mailing address or county of residence of a qualified juror from such qualified juror or from an electronic address verification process implemented pursuant to Section 13 of this act. Changes may be accepted in any manner prescribed by the Administrative Director of the Courts.

Added by Laws 1949, p. 279, § 1, emerg. eff. June 2, 1949. Amended by Laws 1973, c. 204, § 1, emerg. eff. May 17, 1973; Laws 1974, c. 136, § 1, emerg. eff. May 3, 1974; Laws 1985, c. 273, § 1; Laws 1987, c. 134, § 1, eff. Oct. 1, 1987; Laws 1989, c. 348, § 20, eff. Oct. 1, 1989; Laws 1996, c. 58, § 1, eff. Nov. 1, 1996; Laws 1997, c. 400, § 12, eff. July 1, 1997; Laws 2002, c. 390, § 14, emerg. eff. June 4, 2002; Laws 2003, c. 234, § 1, eff. Nov. 1, 2003; Laws 2015, c. 242, § 5, emerg. eff. May 4, 2015.

Court Clerks Can Refuse To File Your Lawsuit

10/28/2021

Court Clerks Can Refuse To File Your Lawsuit:

Court Clerks Can Refuse To File Your Lawsuit:

Court Clerks Can Refuse To File Your Lawsuit:

Court Clerks Can Refuse To File Your Lawsuit:

Court Clerks Can Refuse To File Your Lawsuit:

Court Clerks Can Refuse To File Your Lawsuit:

It’s called a ‘Sham Provision’. The state code actually uses the term to refer to frivolous legal initiatives in our civil court system. the law allows a County Court Clerk to exercise personal and professional judgment to determine if a petition to the court is a waste of time, mockery of the court, or worse.

But fear not, there are remedies to overcome the potential abuse of power. One is a ‘writ of mandamus’. And the clerk must present that demand for review to the judge.

Don’t let the Latin words fool you. Lawyers use that stuff all the time to try to either impress or intimidate us. Mandamus means ‘we command’. We derive the word ‘mandate’ from that original root word.

§12-29. Clerks to file and preserve papers - Refusal to file sham legal process.

A. It is the duty of the clerk of each of the courts to file together and carefully preserve in his office, all papers delivered to him for that purpose, except as provided in subsection B of this section, in every action or special proceeding.

B. The court clerk may refuse to file any document presented for filing if the clerk believes that the document constitutes sham legal process, as defined by Section 1533 of Title 21 of the Oklahoma Statutes.

C.

1. Any person aggrieved by the refusal of a court clerk to file any document provided for in subsection A of this section may petition the district court for a writ of mandamus to compel the clerk to file the tendered document.
2. At the time of refusal, the person aggrieved shall file a notice of refusal with the court clerk for the purpose of tolling any applicable statute of limitations in the event the person prevails in any action so commenced, if the person wishes for the statute of limitations to be tolled. The refusal notice shall be submitted on a form provided by the court clerk, but must be filled out by the aggrieved party. A copy of the instrument that the clerk refused to file must be attached to the notice of refusal. The court clerk shall stamp the date of refusal on the notice of refusal.

Habitually Absent City Officials Are Automatically Removed From Office

10/27/2021

Habitually Absent City Officials Are Automatically Removed From Office:

Habitually Absent City Officials Are Automatically Removed From Office:

Habitually Absent City Officials Are Automatically Removed From Office:

Habitually Absent City Officials Are Automatically Removed From Office:

Habitually Absent City Officials Are Automatically Removed From Office:

Habitually Absent City Officials Are Automatically Removed From Office:

There are a lot of ways a city official can get removed from office. Just missing half the meetings in a 4-month span is one such trigger.

§11-8-107. Removal of officers.

A municipal elected official may be removed from office for any cause specified by applicable state law for the removal of officers, and by the method or methods prescribed thereby.

Laws 1977, c. 256, § 8-107, eff. July 1, 1978.

§11-8-108. Absence from governing body meetings.

Whenever a member of the municipal governing body is absent from more than one-half of all meetings of the governing body, regular and special, held within any period of four (4) consecutive months, he shall thereupon cease to hold office.

Laws 1977, c. 256, § 8-108, eff. July 1, 1978.

Counties Must Have An Orphan Farm

10/26/2021

Counties Must Have An Orphan Farm:

Counties Must Have An Orphan Farm:

Counties Must Have An Orphan Farm:

Counties Must Have An Orphan Farm:

Counties Must Have An Orphan Farm:

Counties Must Have An Orphan Farm:

Shortly after World War One, the state legislature saw the need for each county to develop a comprehensive plan to respond to the crisis of orphaned & neglected children.

This was in a time when social welfare was seen as a county issue, rather than a state matter.

§10-131. Powers of county commissioners - Commitment of children to other institutions, associations or corporations.

The county commissioners of any county of this state having a population of not less than seventy-five thousand (75,000) persons, according to the last Decennial Federal Census, or any Decennial Federal Census hereafter taken, are hereby authorized and empowered, if they deem it necessary or expedient, to purchase a farm and to construct, establish, equip and maintain thereon, at the expense of the county, county supervised schools and homes for neglected and dependent boys and girls of such county, under the age of sixteen (16) years, who may be appointed to such schools by the district court of such county, and to make enlargements and additions thereto from time to time. Such commissioners shall also have power to purchase farm equipment to be used in connection with such schools, to purchase materials, supplies and equipment for manual, vocational or other training or education, and to erect, enlarge, remodel, and repair such building, dormitories, residences, administration and school buildings, and barns and outbuildings as they may from time to time deem necessary or expedient.

Provided, that such county commissioners may rent a suitable site and buildings for such purpose, and purchase the necessary equipment and supplies therefor. Provided, further, that said county commissioners shall make no expenditures or contract for expenditures hereunder until a tax levy for such purposes shall have been made as hereinafter provided; and provided, further, that the district court of such county, may, in his discretion, commit dependent and neglected children to such other institutions as may be now or hereafter provided by law for such purposes, or to the care of some association or corporation willing to receive them, which said corporation or association embraces in its objects the purpose of caring for and obtaining homes for such neglected and dependent children.
Laws 1919, c. 297, p. 433, § 1; Laws 1925, c. 161, p. 257, § 1; Laws 1967, c. 367, § 1, emerg. eff. May 22, 1967.

Voters Can Change City Charters In The Same Manner They Change State Laws

10/25/2021

Voters Can Change City Charters In The Same Manner They Change State Laws:

Voters Can Change City Charters In The Same Manner They Change State Laws:

Voters Can Change City Charters In The Same Manner They Change State Laws:

Voters Can Change City Charters In The Same Manner They Change State Laws:

Voters Can Change City Charters In The Same Manner They Change State Laws:

Voters Can Change City Charters In The Same Manner They Change State Laws:

Our state code subjects the municipal governments to the same initiative petition process that is a cornerstone of our state’s constitution. The initiative petition process is binding and effective to change the way city government operates, and even organizes.

§11-15-101. Initiative and Referendum - Powers.

The powers of initiative and referendum, reserved by the Oklahoma Constitution to the people, are reserved to the people of every municipal corporation with reference to all legislative authority which it may exercise and amendments to municipal charters.

Laws 1977, c. 256, § 15-101, eff. July 1, 1978.

§11-15-102. Procedure for initiative and referendum in municipalities.

The procedure in municipalities which do not provide by ordinance or charter for the manner of exercising the initiative and referendum powers shall be governed by the Oklahoma Constitution and general state law, except as otherwise provided in Sections 15-101 through 15-110 of this title. The duties required of the Governor by state law shall be performed by the mayor; the duties of the Secretary of State shall be performed by the municipal clerk; and the duties of the Attorney General shall be performed by the attorney for the municipality. The procedure for initiative and referendum as to municipal legislation shall be as nearly as practicable the same as those for measures relating to the people of the state at large.

Laws 1977, c. 256, § 15-102, eff. July 1, 1978.

§11-15-103. Petition - Form - Signatures - Time for filing.

A. The form of the petition for either initiative or referendum in a municipality shall be substantially as provided in Sections 1 and 2 of Title 34 of the Oklahoma Statutes. A true copy of each measure proposed by initiative and referendum shall be filed with the clerk of the municipality before it is circulated and signed by the registered voters.

B. Every petition for either the initiative or referendum shall be signed by a number of the registered voters residing in the municipality equal to at least twenty-five percent (25%) of the total number of votes cast at the preceding general election or biennial town meeting if the municipality is subject to the Oklahoma Town Meeting Act. The signatures to each petition shall be verified in the manner provided by law.

C. Signed copies of an initiative petition shall be submitted to the clerk within ninety (90) days after the initial filing of the measure with the clerk. Signed copies of a petition invoking a referendum upon any ordinance or resolution shall be submitted to the clerk within sixty (60) days after the passage of the ordinance or resolution. Amendments to municipal charters may be proposed by an initiative petition, and signed copies of such petition shall be submitted to the clerk not less than sixty (60) days before the election at which the amendments are to be voted upon.

Added by Laws 1977, c. 256, § 15-103, eff. July 1, 1978. Amended by Laws 1988, c. 105, § 18, eff. Nov. 1, 1988. Amended by Laws 2016, c. 41, § 1, eff. Nov. 1, 2016.

Eternal Rights Of All Relatives To Visit A Grave On your Property

10/24/2021

Eternal Rights Of All Relatives To Visit A Grave On your Property:

Eternal Rights Of All Relatives To Visit A Grave On your Property:

Eternal Rights Of All Relatives To Visit A Grave On your Property:

Eternal Rights Of All Relatives To Visit A Grave On your Property:

Eternal Rights Of All Relatives To Visit A Grave On your Property:

Eternal Rights Of All Relatives To Visit A Grave On your Property:

When a burial ground, whether previously known or unknown, is on or surrounded completely by private property, the descendants of the interred will have visitation rights in perpetuity. The grave is to remain undisturbed by the property owner.

§8-187. Abandoned cemetery on privately owned land - Visitation rights.

Any relative of the deceased who wishes to visit an abandoned cemetery which is completely surrounded by privately owned land, for which no public ingress or egress is available, shall have the right to reasonable ingress or egress for the purpose of visiting such cemetery.
This right of access to such cemeteries extends only to visitation during reasonable hours and only for purposes usually associated with cemetery visits. For the purposes of this section, “abandoned cemetery” means any place where human skeletal remains are buried and which no body has been interred for at least twenty-five (25) years and where such site is readily identifiable as a cemetery by an inspection of the property. Any relative of the deceased who wishes to visit an abandoned cemetery shall make a good faith effort to notify the owners and tenants, if any, of said property prior to visiting the cemetery. This section shall not be interpreted to allow the creation of an easement or claim of easement nor a right of ownership or claim of right of ownership to an abandoned cemetery.

Added by Laws 1992, c. 214, § 1, eff. Sept. 1, 1992.

Cemeteries Can Stay Anywhere

10/23/2021

Cemeteries Can Stay Anywhere:

Cemeteries Can Stay Anywhere:

Cemeteries Can Stay Anywhere:

Cemeteries Can Stay Anywhere:

Cemeteries Can Stay Anywhere:

Cemeteries Can Stay Anywhere:

Whenever a cemetery is designated by an entity bearing title to the land, up to 80 acres can be claimed as burial grounds. Those grounds cannot be disturbed by any eminent domain actions. Roads planned for that thoroughfare will have to go around the tract of land designated as a burial ground.

§8-7. Exemptions.

All the property of every such benevolent corporation, and the lots sold by it to individual proprietors, shall be exempt from taxation, assessment, lien, attachment, and from levy and sale upon execution; and all such real property shall be exempt from appropriation for streets, roads, or any other public uses or purposes.

R.L.1910, § 386.

Force Your Neighbor To Pay For Half Your Fence

10/22/2021

Force Your Neighbor To Pay For Half Your Fence:

Force Your Neighbor To Pay For Half Your Fence:

Force Your Neighbor To Pay For Half Your Fence:

Force Your Neighbor To Pay For Half Your Fence:

Force Your Neighbor To Pay For Half Your Fence:

Force Your Neighbor To Pay For Half Your Fence:

In many neighborhoods, property owners often assume they have no obligation to pay for a fence they didn’t ask for. But the law says otherwise. In most situations, the only way to avoid paying for half the fencing costs is to declare your own abutting property as ‘common’ and allowing any and all public activities to take place on your property.

§4-142. Fence repair.

All partition fences shall be kept in good repair throughout the year, unless the owners on both sides otherwise agree in writing.

R.L. 1910, § 160.

§4-143. Commons - Owners not required to fence - Lands enclosed or used otherwise than as commons - Duty to fence.

Any person not wishing his land enclosed, and not occupying or using it otherwise than as commons, shall not be compelled to contribute to erect or maintain any fence between him and an adjacent owner; but when he encloses or uses his land otherwise than as a commons, he shall contribute to the partition fences as in this article provided.
R.L. 1910, § 161.

§4-146. Joinder to partition fence - Payment for or rebuilding of half of fence.

When land which has lain unenclosed is enclosed the owner thereof, before he join to any partition fence, already erected, shall pay for one-half (½) of each partition fence between his lands and the adjoining lands, the value to be ascertained by the fence viewers, and if he neglects for thirty (30) days after notice and demand to pay the same, the party to whose fence he joins may recover as before provided, or such person, enclosing such land, may, at his election, rebuild and make one-half (½) of the fence, and if he neglects so to do for two (2) months after making such election, he shall be liable as above provided.

R.L. 1910, § 164.

§4-147. Recorded fence division - Effect on owners and successors.

When a division of fence between the owners of improved land shall have been made, either by fence viewers or agreement in writing, and is recorded in the office of the county clerk of the county where the lands are, the owners and their heirs and assigns shall be bound thereby, and shall support them accordingly.

R.L. 1910, § 165.

It's Still the Law, In Oklahoma

A chronicle of laws you still have to obey, in the Sooner State.
We were taught; "Ignorance of the law is no excuse."; but ignorance is better applied to the lawmakers who still insist on leaving these stupid statutes on the books!

Archives

March 2024
September 2023
August 2023
July 2023
June 2023
May 2023
April 2023
March 2023
February 2023
January 2023
December 2022
November 2022
October 2022
September 2022
August 2022
June 2022
May 2022
April 2022
March 2022
February 2022
January 2022
December 2021
November 2021
October 2021
September 2021
August 2021
July 2021
June 2021
May 2021

Categories

FRONT PAGE • OKLAHOMA NEWS • EDITORIAL • SOONER ISSUES • STATE GROUPS • SOONER ANALYSTS • LAWMAKER'S JOURNAL • NATION • NATIONAL COMMENTARY • CARTOONS •

918 . 928 . 7776

SoonerPolitics.org is committed to informing & mobilizing conservative Oklahomans for civic reform & restored liberty. We seeks to utilize the efforts of all cooperative facets of the Conservative movement... Content of the diverse columns are solely at the discretion of the dozens of websites who create the content. David Van Risseghem is the founder of this platform.
Sooner Politics News is a platform, not a media site. All our bloggers get their feeds promoted regardless of content. As soon as We suppress or delete even one posting, we become an endorser of whatever We didn't censor..The publisher doesn't (and could not) logically agree with all the content, so we would not expect any rational reader to agree, either. What we do hope, is that readers will think for themselves, and at least be better informed of the issues, events, and values that our citizen journalists work hard to provide for free.. We automate much of the tasks so that our sources' content gets as much exposure as possible. We encourage constructive discussion & debate. The solution is more free speech, not less.