OKLAHOMA MAY SAY IT BEST!
We recognize the district court, in our unified court system, is a court of
general jurisdiction and is constitutionally endowed with
"unlimited original jurisdiction of all justiciable matters, except as
otherwise provided in this Article,".
Article 7, Section 7, Oklahoma Constitution. However, this "unlimited original
jurisdiction of all justiciable matters" can only be
exercised by the district court through the filing of pleadings which are sufficient
to invoke the power of the court to act.
The requirement for a verified information to confer subject matter jurisdiction
on the court and empower the court to act has
been applied to both courts of record and not of record. We determine that the
mandatory language of 22 O.S. 1981 § 303
[22-303], requiring endorsement by the district attorney or assistant district
attorney and verification of the information is more
than merely a "guaranty of good faith" of the prosecution. It, in
fact, is required to vest the district court with subject matter
jurisdiction in the first instance which then empowers the court to adjudicate
the matters presented to it.
We therefore hold that the judgments and sentences in the District Court of
Tulsa County must be REVERSED AND
REMANDED without a bar to further action in the district court in that the unverified
information failed to confer subject matter
jurisdiction on the district court in that the unverified information failed
to confer subject matter jurisdiction on the district
court in the first instance, Chandler v. State, 96 Okl. Cr. 344, 255 P .2d 299,
301-2 (1952)
Smith v State, 152 P .2d 279, 281 (Okl. Cr. 1944)
City of Tulsa, 554 P.2d at 103;
Nickell v. State, 562 P.2d 151 (Okl.Cr. 1977)
Short v. State, 634 P.2d 755, 757 (Okl. Cr. 1981)
Byrne v. State, 620 P.2d 1328 (Okl. Cr. 1980)
Laughton v. State, 558 P.2d 1171(Okl. Cr. 1977)
Buis v. State, 792 P.2d 427, 1990 OK CR 28 (Okla. Crim. App. 05/14/1990) and
Cummings v. State, 968, P.2d 821, 1998 OK CR 45 (Okla.Crim.App. 08/04/1998)
Another well spoken authority :On the date specified in the notice of hearing,
all parties may appear and be heard on all
matters properly before the court which must be determined prior to the entry
of the order of taking, including the jurisdiction
of the court, the sufficiency of pleadings, whether the petitioner is properly
exercising it's delegated authority, and the amount
to be deposited for the property sought to be appropriated.
See City Lakeland v. William O. Bunch ET AL (04/03/74) 293 So. 2d 66
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