The Oklahoma Bar Journal May 2023

Smith. McCarty was convicted of income tax evasion and sentenced to prison. Newly elected Gov. Dewey Bartlett committed his full support to court reform. On May 3, 1966, voters approved the first part of a comprehensive reform of the judicial system, the creation of a Court on the Judiciary to handle complaints against judges. 23 Two state questions were approved by voters on July 11, 1967. The justice of the peace system was abolished. County and special courts were abolished. Trials would be handled by district courts; civil appeals would go to the Supreme Court and criminal law appeals would be heard by the Criminal Court of Appeals, now named the Court of Criminal Appeals. Politics was taken out of the state’s two highest appellate courts. Supreme Court justices and Court of Criminal Appeals judges would be appointed by the governor from names submitted by a Judicial Nominating Commission (JNC). Every six years, the justice or judge would run for retention without an opponent. 24 The Legislature took much of the 1968 session to institute a new judicial system. The changes took effect Jan. 13, 1969. The district courts were organized based on judicial districts rather than counties. The old superior court judges became district judges, and common pleas, county, children’s and juvenile court judges became associate district judges. A unified court system was created under the supervision of the Supreme Court. OU College of Law profes sor George B. Fraser, a consultant to the Legislature, said, “For the first time, the Supreme Court, rather than the Legislature, had the authority to prescribe any

articles in the Wall Street Journal and Reader’s Digest painted the picture of a state with a tainted appellate court that thrived on bribery. 19 The admission by former Justice Corn could have created chaos by opening the floodgates to a torrent of appeals from disgruntled losers involving cases decided by Corn, Welch and Johnson. However, the U.S. Supreme Court refused to hear a case in which Justice Johnson wrote an opinion before he was impeached and removed from office. Instead, only a case-by-case analysis was allowed, and there must be evidence of corruption. Ultimately, only a handful of decisions in individual cases were vacated. 20 The Legislature continued to drag its feet while Gov. Bellmon appointed OU College of Law Dean Earl Sneed to head an 18-person committee to make rec ommendations for judicial reform. Sneed began to shape public opin ion about abolishing the election of appellate judges. He said, “Money given either to an aspiring or incumbent judge can create an obligation, or, even worse, consti tute a direct or indirect bribe.” 21 State Rep. Ralph Thompson, R-Oklahoma City, was chosen to draft language for a constitutional amendment that would elimi nate the scandal-ridden justice of the peace system. Thompson later reflected, “Legislators who opposed change not only saw the light but felt the heat.” 22

Napoleon Bonaparte Johnson suggested today that anti-Indian prejudice might account for brib ery charges against him.” 15 Johnson’s trial in the state Senate was intense as witnesses for and against the justice appeared. Former Justice Corn spent two days on the witness stand, vigorously questioned by Sen. Roy Granthan of Ponca City, designated as the prosecutor for the trial. Reporter Bob McMillan of the Oklahoma City Times wrote: Stripped of all but his dignity and never wavering in his testi mony, ... Corn looked downward on the senate court of impeach ment like a judge from the bench ... One could almost visu alize the former justice still in his office as he casually said he took a $150,000 bribe and gave part to his colleagues but kept the lion’s share for himself. 16 Justice Johnson took the stand in his own defense. He could not answer senators’ questions about why he deposited $20,000 more than his Supreme Court salary in a four-year period. He admitted to having a safety deposit box where he kept cash and occasionally used the cash to buy a cashier’s check to deposit in his bank in Claremore. 17 In the end, Johnson was con victed by a single vote. He was the first and only Supreme Court justice in the history of Oklahoma to be removed from office by impeachment. Justice Berry sat through the trial and observed, “There were no slaps on the back or victorious cheers. It was a sad day for Oklahoma.” 18 An article in Newsweek magazine labeled Oklahoma’s judicial system “Cash-and-Carry Justice.” Other

A FRESH INTEREST IN REFORM

The political landscape and likelihood of reforming the court system drastically changed after the general election in 1966. House Speaker J.D. McCarty was upset by funeral home operator Vondel L.

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

MAY 2023 | 29

THE OKLAHOMA BAR JOURNAL