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FENT v. HENRY

No. 109,026.

257 P.3d 984 (2011)

2011 OK 10

Jerry R. FENT, as a voter, attorney and taxpayer of the State of Oklahoma, and on behalf of the other 358,925 voters who objected to State Question No. 752 Legislative Referendum No. 352, Petitioners, v. Brad HENRY, Governor of the State of Oklahoma; State of Oklahoma, ex. rel., Oklahoma Bar Association, a State entity, and State of Oklahoma, ex. rel., Oklahoma Judicial Nominating Commission, Respondents, and Clark Jolley, as a duly elected member of the Oklahoma State Senate and as a voter, Intervenor.

Supreme Court of Oklahoma.

As Corrected February 15, 2011.

Attorney(s) appearing for the Case

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

Drew Edmondson , Attorney General, Kevin McClure , Assistant Attorney General, Oklahoma City, OK, for Respondents Governor Brad Henry, Governor of the State of Oklahoma, State of Oklahoma ex. rel. Judicial Nominating Commission.

Gina Lynn Hendryx , General Counsel, Oklahoma Bar Association, Oklahoma City, OK, for Respondent, Oklahoma Bar Association.

Richard Lee Slater , Oklahoma City, OK, for Intervenor Senator Clark Jolley.

PER CURIAM:

¶ 1 This original proceeding challenges the validity and requirements of State Question No. 752 Legislative Referendum No. 352. We previously assumed original jurisdiction in this publici juris matter and hold that: 1) the referendum submitted to and approved by the voters was an amendment to the Okla. Const. art. 7-B, § 3, not a repeal of that section of the Constitution; and 2) regardless of the Constitutional amendment, the Commission...

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