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Reflections on Deflection- Appellate Assignment to Oklahomas Cou

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Nội dung chi tiết: Reflections on Deflection- Appellate Assignment to Oklahomas Cou

Reflections on Deflection- Appellate Assignment to Oklahomas Cou

Tulsa Law ReviewVolume 24 I Issue 1Fall 1988Reflections on Deflection: Appellate Assignment to Oklahoma'sCourt of AppealsWilliam w. MeansFollow this a

Reflections on Deflection- Appellate Assignment to Oklahomas Couand additional works at: https/Zdigitalcommons.Iaw.utulsa.edu/tlr Ờ* Part of the Law CommonsRecommended CitationWilliam w. Means, Reflections on Defle

ction: Appellate Assignment to Oklahoma's Court of Appeals, 24 Tulsa L. JI (2013).Available at: https://digitalcommons.lawutulsa.edu/tlr/vol24/issl/!T Reflections on Deflection- Appellate Assignment to Oklahomas Cou

his Article is brought to you for free and open access by TU Law Digital Commons. It has been accepted for inclusion in Tulsa Law Review by an authori

Reflections on Deflection- Appellate Assignment to Oklahomas Cou

zed editor of TU Law Digital Commons. For more information, please contact megan-donald®utulsa.edu.Means: Reflections on Deflection: Appellate Assignm

Tulsa Law ReviewVolume 24 I Issue 1Fall 1988Reflections on Deflection: Appellate Assignment to Oklahoma'sCourt of AppealsWilliam w. MeansFollow this a

Reflections on Deflection- Appellate Assignment to Oklahomas CouI. IntroductionIntermediate appellate courts exist in a number of forms in both state and federal judicial systems throughout the United States. They

exist as both legislative and judicial creation. Although the intermediate appellate courts perform a wide variety of judicial functions which vary fr Reflections on Deflection- Appellate Assignment to Oklahomas Cou

om state to state, these courts generally obtain jurisdiction over appellate cases in one of two ways: either appeals are lodged directly with the int

Reflections on Deflection- Appellate Assignment to Oklahomas Cou

ermediate court from a trial tribunal, or appeals are assigned to the intermediate court by a supreme court or court of last resort.Oklahoma’s interme

Tulsa Law ReviewVolume 24 I Issue 1Fall 1988Reflections on Deflection: Appellate Assignment to Oklahoma'sCourt of AppealsWilliam w. MeansFollow this a

Reflections on Deflection- Appellate Assignment to Oklahomas Couled initially with the Oklahoma Supreme Court. That Court, acting through its Chief Justice, assigns or deflects appeals to the Oklahoma Court of Appe

als.To fully understand this deflection system in Oklahoma, an appreciation must first be reached regarding certain fundamentals: first, the developme Reflections on Deflection- Appellate Assignment to Oklahomas Cou

nt of the need for or origin of the intermediate court of appeals• Chief Judge, Oklahoma Court of Appeals. This Article was prepared as a thesis for t

Reflections on Deflection- Appellate Assignment to Oklahomas Cou

he University of Virginia Law School, Graduate Program for Judges, Master of Laws in the Judicial Process.1Published by TU Law Digital Commons, 19881T

Tulsa Law ReviewVolume 24 I Issue 1Fall 1988Reflections on Deflection: Appellate Assignment to Oklahoma'sCourt of AppealsWilliam w. MeansFollow this a

Reflections on Deflection- Appellate Assignment to Oklahomas Couals; third, the historical operation of the Court of Appeals and its relationship with the Supreme Court; fourth, the present status of the deflection

system as it is being implemented by the Supreme Court. This article reviews those fundamentals.Throughout statehood, the Supreme Court has explored Reflections on Deflection- Appellate Assignment to Oklahomas Cou

various adjunct alternatives for a solution to the problems of an expanding case load. Since 1971, these alternatives have involved the Court of Appea

Reflections on Deflection- Appellate Assignment to Oklahomas Cou

ls. At first, the Court of Appeals operated only as an adjunct to the Supreme Court. The Supreme Court assigned only a limited number of cases, carefu

Tulsa Law ReviewVolume 24 I Issue 1Fall 1988Reflections on Deflection: Appellate Assignment to Oklahoma'sCourt of AppealsWilliam w. MeansFollow this a

Reflections on Deflection- Appellate Assignment to Oklahomas Coue load. As the Supreme Court used temporary divisions of the Court of Appeals, implemented new rules of appellate practice, and refined its work load

relationship with the Court of Appeals, the role of the Court of Appeals gained new importance. Greater volumes of cases were assigned to the Court of Reflections on Deflection- Appellate Assignment to Oklahomas Cou

Appeals. The Supreme Court shifted some administrative responsibilities to the Court of Appeals for its own operation and case processing. Today, the

Reflections on Deflection- Appellate Assignment to Oklahomas Cou

Court of Appeals is closer in function to a true intermediate court of appeals, relieving the Supreme Court of an excessive case load.II. OriginThe o

Tulsa Law ReviewVolume 24 I Issue 1Fall 1988Reflections on Deflection: Appellate Assignment to Oklahoma'sCourt of AppealsWilliam w. MeansFollow this a

Reflections on Deflection- Appellate Assignment to Oklahomas Couession as it searched for greater appellate capacity. The rationale for this intermediate system evolved as various adjunct systems* were tried to red

uce the backlog or inventory of cases pending before the Supreme Court, that is, cases considered at issue or ready for consideration. The realization Reflections on Deflection- Appellate Assignment to Oklahomas Cou

that these adjunct systems were only temporarily successful in reducing the backlog led to the creation of an intermediate court of appeals.1 21.The

Reflections on Deflection- Appellate Assignment to Oklahomas Cou

adjunct systems referred to are the Supreme Court Commissioner scheme, the use of referees, and the use of law clerks.2.The experience of several stat

Tulsa Law ReviewVolume 24 I Issue 1Fall 1988Reflections on Deflection: Appellate Assignment to Oklahoma'sCourt of AppealsWilliam w. MeansFollow this a

Reflections on Deflection- Appellate Assignment to Oklahomas Cou for increasing accessibility to the appellate process. M. Osthus, STATE Intermediate Appellate Courts 4 (1980).See alio R. Leflar, Internal Operating

Procedures of Appellate Courts 65, 68 (1976). As Professor Leflar observes:The need for an intermediate appellate court in any particular state arise Reflections on Deflection- Appellate Assignment to Oklahomas Cou

s directly from the

Tulsa Law ReviewVolume 24 I Issue 1Fall 1988Reflections on Deflection: Appellate Assignment to Oklahoma'sCourt of AppealsWilliam w. MeansFollow this a

Tulsa Law ReviewVolume 24 I Issue 1Fall 1988Reflections on Deflection: Appellate Assignment to Oklahoma'sCourt of AppealsWilliam w. MeansFollow this a

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