BERKSON v. STATE EX REL. ASKINS

No. 120,589.

532 P.3d 36 (2023)

2023 OK 70

Howard BERKSON, ("Attorney"), in his capacity as a duly licensed and practicing attorney routinely filing, on behalf of himself and his clients, new civil actions in which he and/or his client(s) have been compelled to pay a $10.00 "Lengthy Trial Fund Fee" and all similarly situated people; and John Doe, in his capacity as a non-attorney legal entity able to sue and be sued who, by and through one or more attorneys, has filed new civil litigation in any of the 77 District Courts of Oklahoma and, because said new litigation was filed for him by a lawyer, has been compelled to pay a $10.00 "Lengthy Trial Fund Fee", and all similarly situated legal entities, Plaintiffs/Appellants, v. The STATE of Oklahoma, EX REL. Jari ASKINS in her official capacity as Administrative Director of the Courts for the State of Oklahoma and ex rel. Don Newberry, in his official capacity as Tulsa County District Court Clerk, and ex rel. all other 76 District Court Clerks of the State of Oklahoma, Defendants/Appellees.

Supreme Court of Oklahoma.

As Corrected: June 19, 2023.


Attorney(s) appearing for the Case

Edward L. White , Edmond, Oklahoma, for Plaintiffs/Appellants.

James W. Dunham, Jr. , Tulsa, Oklahoma, for Plaintiffs/Appellants.

Kevin McClure , Assistant Attorney General, and Jessica Wilkes , Assistant Attorney General, Oklahoma City, Oklahoma for Defendant/Appellee, State of Oklahoma, ex rel. Jari Askins.

Douglas A. Wilson , Assistant District Attorney, Tulsa, Oklahoma, for Defendant/Appellee, Don Newberry in his official capacity as Tulsa County District Court Clerk.


¶1 A lawyer, Berkson, brought an action in the District Court of Tulsa County challenging a Lengthy Trial Fund (LTF) fee collected from an attorney filing an action with the court clerk. We ultimately conclude Berkson's petition failed to state a claim that 28 O.S. § 86 is an unconstitutional...

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