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FENT v. STATE EX REL. DEPT. OF HUMAN SVCS.

No. 107,116.

236 P.3d 61 (2010)

2010 OK 2

Jerry R. FENT, as taxpayer and citizen paying court costs in District Courts and all other similar parties/persons, Petitioner, v. STATE of Oklahoma, ex rel., DEPARTMENT OF HUMAN SERVICES; and Howard H. Hendrick, in his official capacity as the Director of the Department of Human Services; and Gerri Webb, Aneta Wilkinson, Jay Dee Chase, Bob Rawlings, Richard DeVaughn, Patrice Douglas, Ron Mercer, George Young, and Mike Peck in their official capacity as Commissioners of the Department of Human Services; and State of Oklahoma, ex rel. Office of the Attorney General and W.A. Drew Edmondson, Attorney General, in his official capacity as a State Administrator, and State of Oklahoma, ex rel. Office of Oklahoma County District Court Clerk, and Patricia Presley in her official capacity as Oklahoma County District Court Clerk, and all other 76 District Court Clerks of the State of Oklahoma, Respondents.

Supreme Court of Oklahoma.

Rehearing Denied April 20, 2010 and June 1, 2010.

Attorney(s) appearing for the Case

Jerry R. Fent, Oklahoma City, OK, Pro-Se Petitioner.

Scott D. Boughton, Assistant Attorney General, Oklahoma Attorney General's Office, Oklahoma City, OK, and John M. Jacobsen, Assistant District Attorney, Oklahoma City, OK, for the Respondents.

HARGRAVE, J.

¶ 1 The petitioner, Jerry R. Fent, filed an application asking this Court to assume original jurisdiction and declare unconstitutional 28 O.S. Supp.2008 § 152(D)(E) and (F) and 28 O.S. Supp.2008 § 152.1(B), which require a portion of fees paid to the court clerks in civil actions to be credited to or deposited to non-judicial programs. Mr. Fent bases his standing to obtain relief upon his status as a resident taxpayer of the State of Oklahoma...

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