KEATING v. JOHNSON

No. 86628.

918 P.2d 51 (1996)

Frank KEATING, Governor of Oklahoma; Fred Morgan, State Representative; and Chris Hastings, State Representative, Petitioners, v. Glen D. JOHNSON, Speaker of the Oklahoma House of Representatives; Stratton Taylor, President Pro Tempore of the Oklahoma Senate; Terry Tyree, in his capacity as Acting Commissioner of the State Insurance Fund; Carlisle Mabrey, III; H.E. Rainbolt; Phil Tholen; Mike Nobles; Senator Ted Fisher; Senator Kevin Easley; Senator Larry Dickerson; Representative Don McCorkell; Representative James E. Hamilton; Representative Bill Settle; Bob Hollander, in his capacity as Executive Director of the Oklahoma Firefighters Pension and Retirement Board; Meridith Lacey; and Gene Torbett, Respondents.

Supreme Court of Oklahoma.

May 14, 1996.


Attorney(s) appearing for the Case

Joe Heaton, Fuller, Tubb & Pomeroy, Special Counsel to the Governor, Oklahoma City, Fred Morgan, Reynolds, Ridings, Vogt & Morgan, Oklahoma City, and Chris Hastings, Tulsa, pro se and Co-Counsel to the Governor, Duchess Bartmess, General Counsel to the Governor, Oklahoma City, for Petitioners.

Susan B. Loving, Oklahoma City, and Lee Slater, Oklahoma City, for Respondents Speaker Glen D. Johnson, President Pro Tempore Stratton Taylor, Senators Ted Fisher, Kevin Easley and Larry Dickerson and Representatives Don McCorkell, James E. Hamilton and Bill Settle.

Scott C. Emerson, Chief Counsel, Oklahoma House of Representatives, for Respondent Speaker Glen D. Johnson.

Mark H. Ramsey, Senior Staff Attorney, Oklahoma Senate, for Respondents President pro tempore Stratton Taylor and Speaker Glen D. Johnson.

Stephen G. Solomon, Gladys E. Cherry, Derryberry, Quigley, Solomon, Blankenship & Naifeh, Oklahoma City, and Elizabeth Bradford, General Counsel, Oklahoma City, for Respondents Terry Tyree, Carlisle Mabrey, III, H.E. Rainbolt, Phil Tholen and Mike Nobles.

Marc Edwards, A.P. Murrah, Jr., Phillips McFall McCaffrey McVay & Murrah, Oklahoma City, for Respondents Bob Hollander, Meridith Lacey and Gene Torbett.

John Morris Williams, Oklahoma City, for amicus curiae Oklahoma Education Association.

Richard A. Mildren, Riggs, Abney, Neal, Turpen, Orbison & Lewis, Oklahoma City, for amicus curiae Oklahoma Public Employees Association and Oklahoma Firefighters Association.


LAVENDER, Justice:

Petitioners, the Governor of the State of Oklahoma and two State House of Representative members have filed an application with this Court to assume original jurisdiction requesting declaratory or other relief determining that the Oklahoma Legislature violates the separation of powers doctrine contained in the Oklahoma Constitution [OKLA.CONST. art. 4, § 1] when it, by statutory enactment, vests in itself or legislative leadership the authority...

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