STATE OF OKLAHOMA

2nd Session of the 52nd Legislature (2010)

HOUSE
RESOLUTION 1065	By:	Ritze and Reynolds

AS INTRODUCED

A Resolution petitioning the Trial Division of the Court on the Judiciary to assume jurisdiction and institute proceedings for the removal of a judge from office; and directing distribution.

WHEREAS, the Code of Judicial Conduct for Oklahoma judges provides that an independent and honorable judiciary is indispensable to justice in our society and that a judge should participate in establishing, maintaining and enforcing high standards of conduct; and
WHEREAS, personal observation of high standards is critical so that the integrity and independence of the judiciary will be preserved; and    
WHEREAS, the Code of Judicial Conduct for Oklahoma judges further provides that a judge should respect and comply with the law and act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary; and  
WHEREAS, District Judge Thomas Bartheld, Pittsburg County Judge of the Eighteenth Judicial District, exercising judicial power under the Oklahoma Constitution and laws of the State of Oklahoma has wholly failed to comply with certain provisions of the Code of Judicial Conduct by authorizing the plea bargain negotiated between the prosecution and attorneys for the defendant in the criminal case of State of Oklahoma vs. David Harold Earls, Pittsburg County District Court Case Number CF-2008-00434; and
WHEREAS, the failure of District Judge Thomas Bartheld to reject the terms of the negotiated plea bargain constitutes a gross neglect of duty. 
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE 2ND SESSION OF THE 52ND OKLAHOMA LEGISLATURE:
THAT Section 1 of Article VII-A of the Oklahoma Constitution provides that the judges of any court, exercising judicial power under the provisions of Article VII, or under any other provision of the Oklahoma Constitution, shall be subject to removal from office by proceedings in the Court on the Judiciary.
THAT Section 1 of Article VII-A of the Oklahoma Constitution provides certain causes for the removal of a judge from office, which includes gross neglect of duty.
THAT the Court on the Judiciary, created pursuant to Section 2 of Article VII-A of the Oklahoma Constitution, is vested with sole and exclusive jurisdiction to hear and determine causes concerning the removal of judges from office.
THAT jurisdiction of the Trial Division of the Court on the Judiciary may be invoked and proceedings commenced upon the filing of a Resolution of the House of Representatives of the State of Oklahoma.    
THAT pursuant to Section 4 of Article VII-A of the Oklahoma Constitution, the House of Representatives of the State of Oklahoma petitions the Trial Division of the Court on the Judiciary to assume jurisdiction and institute proceedings to remove District Judge Thomas Bartheld, Pittsburg County Judge of the Eighteenth Judicial District from office for gross neglect of duty which, pursuant to Section 1 of Article VII-A of the Oklahoma Constitution, shall be cause for removal from such office.
THAT a copy of this resolution be dispatched to each member of the Court on the Judiciary, the Clerk of the Supreme Court and the Administrative Director of the Courts. 

52-2-8082	GRS	06/10/09