The Oklahoma Bar Journal February 2023

well-founded claim; an interest; concern; advantage; benefit.” 3 The term “ publici juris ” requires “more than a mere curiosity” of the public; rather, it is “something in which the public has some pecuniary interest, or some interest by which their legal rights or liabilities are affected.” 4 When a matter is truly publici juris , however, the court is far more likely to exercise its original jurisdiction and quickly resolve the dispute. Although a publici juris matter is difficult to define, the court clearly “know[s] it when [it] see[s] it.” 5 In the last few decades, the court has found matters as wide-ranging as public health measures, 6 the powers of the grand jury, 7 “[t]he funding of state programs,” 8 the validity of Ethics Commission rules, 9 the viability of public pension funds, 10 the collection and use of court fees, 11 the application

Sometimes, however, strict adherence to prudential requirements can do more harm than good. Where the issue is an important one that affects the public at large, or “ publici juris ,” the Oklahoma Supreme Court has time and time again agreed to dispense with the usual procedural niceties and exercise its original jurisdiction. This article analyzes the development and application of the publici juris doctrine in the modern Oklahoma Supreme Court. means “of public right.” The Oklahoma Supreme Court has said, for purposes of its publici juris doctrine, the word “public” means “pertaining to the people, or affecting the community at large,” and the word “right” means “a WHAT IS PUBLICI JURIS ? “ Publici juris ” in Latin literally

of a credit to Oklahomans’ public utility bills, 12 the validity of the Judicial Nominating Commission, 13 the eligibility of individuals for state office, 14 the validity of appropriation bills 15 and the propriety of the Oklahoma City MAPS ordinance 16 to be publici juris and to warrant the exercise of its original jurisdiction. The involvement of public rights in a dispute is neither necessary 17 nor alone sufficient to warrant the exercise of original jurisdiction. The court recognizes that, presumably, “all litigants would like to step into this Court of last resort” in the first instance, “thereby avoiding the expense and delay incident to appeal.” But the court has made clear it will assume original jurisdiction under the publici juris doctrine only if the case is “affected with

FEBRUARY 2023 | 13

THE OKLAHOMA BAR JOURNAL