The Nowata County District Court: How It Works

The Nowata County District Court is an Oklahoma state court, located in Nowata, Oklahoma. The Nowata County District Court may hear almost all court cases where venue is appropriate in Nowata County. The Nowata County District Court has two judges: one presiding district judge, and one associate district judge.

This is the last post in a three-part series about court in the areas surrounding Bartlesville. My first post was about the Washington County District Court; the following post covered the Osage County District Court. This post looks at the district court in Nowata.

What is the Nowata County District Court?

The Nowata County District Court, despite its name, is not an agency of Nowata County. It is a state court, and it part of the Oklahoma state judicial system. The state government of Oklahoma pays the salaries of the Nowata County District Court judges.

Jurisdiction of the Nowata County District Court

Under Article 7 of the Oklahoma Constitution, Oklahoma district courts have “unlimited original jurisdiction” over all court cases, unless a specific state constitution or federal law restricts an Oklahoma district court from hearing the case.

For example, federal law says that only a federal court (and not a state court) may hear

·         Prosecutions for violation of federal criminal law

·         Admiralty and maritime cases

·         Bankruptcy cases

·         Copyright cases

·         Patent cases

·         Antitrust cases

·         Prosecutions of Indian tribal members for crimes committed in Indian country

(This rule comes from the McGirt case. McGirt is very controversial; for an overview of McGirt and what it has created, click here.)

But an Oklahoma district court may hear almost any other case, as long as venue is appropriate. Thus, if venue is appropriate in Nowata, the Nowata County District Court may hear your case.

Where venue is appropriate in Nowata

But even though the Nowata County District Court is a state court, that doesn’t mean it can hear any and all cases. Oklahoma state law contains provisions for what county (or as they say it, what “venue”) is appropriate for a particular case. Common types of cases where Nowata County is the correct venue include, but aren’t limited to:

·         Criminal cases, where the crime was committed in Nowata County

·         Suits involving real property located in Nowata County

·         Divorce cases in which at least one spouse has lived in Nowata County for thirty days prior to the filing of the petition

·         Paternity cases where the child lives in Nowata County (or if the child lives out of state, you may file a paternity case if the Respondent lives in Nowata County)

·         Probate cases, where the decedent resided in Nowata County at the time of his death

·         Debt collection suits, if the debt was contracted in Nowata County

·         Breach of contract suits, if the defendant lived in Nowata County at the time the claim arose, or if the claim arose in Nowata County, or if the defendant may be summoned to Nowata County

·         Guardianship cases, if the ward lives in Nowata County (or if the guardian lives in Nowata County and is a member of the ward’s family)

·         Adoption cases, if either the child or the adoptive parents live in Nowata County

The above is by no means an exhaustive list of all types of cases that the Nowata County District Court may hear. A full review of all Oklahoma venue statutes is beyond the scope of a post of this length.

Who are the judges in the Nowata County District Court?

Oklahoma has twenty-six judicial districts. Nowata County is in District 11; District 11 includes both Washington and Nowata counties.

Each district has one “presiding judge.” The presiding judge of District 11 is Linda Thomas.

Judge Thomas is the presiding judge over both Washington and Nowata counties. She hears cases in both counties. Because of the law that gives Oklahoma district courts “unlimited original jurisdiction”, Judge Thomas may hear almost any case if Washington County or Nowata County has venue.

In Oklahoma, voters in a district elect the district judge every four years. Judge Thomas’ term ends in 2026.

In Nowata County, there is also an “Associate District Judge.” His name is Carl Gibson.

Judge Carl Gibson

Judge Gibson is the associate district judge for Nowata County only; he does not hear cases in Washington County. As an associate district judge, Judge Gibson is also elected every four years by the Nowata County voters. Judge Gibson’s term also ends in 2026.

Oklahoma law gives the presiding District Judge “the power of assignment.” That means that Judge Thomas may assign any Nowata County case to Judge Gibson. In practice, Judge Thomas assigns most Nowata County cases to Judge Gibson. Thus, if you have a case in Nowata County, Judge Gibson will probably be your judge.

Where is the Nowata County Courthouse?

The Nowata County District Court hears almost all of its cases at the Nowata County Courthouse, 229 N. Maple Street Nowata, Oklahoma. This is what the Nowata County Courthouse looks like:

The Nowata County District Court hears cases in the courtroom on the third floor.

Appealing from the Nowata County District Court

If you lose a criminal case in Nowata County, you may appeal to the Oklahoma Court of Criminal Appeals. If you lose a civil case in Nowata County, you may appeal to the Oklahoma Supreme Court. Read my post here to see how to appeal a case in Oklahoma. 

Municipal courts in Nowata County

There are also municipal courts in various cities and towns in Nowata County. These courts only hear prosecutions for violations of city ordinances. These courts are not state courts, they are institutions of the city. These courts are separate from the Nowata County District Court. However, a defendant may appeal from a municipal court in Nowata County to the Nowata County District Court.

Other courts with jurisdiction over Nowata County

Federal courts are not part of the Oklahoma state court system; federal courts may also have jurisdiction over Nowata County. Some Indian tribes also have court systems; these too are separate from Oklahoma state courts. Because Nowata County is part of the Cherokee Nation, Indian tribal courts have some authority in Nowata County.

There are also specialized administrative courts that are part of state and federal agencies. These courts may have some reach in Nowata County, but they are not part of the state court system or the Nowata County District Court.

Do you need representation in the Nowata County District Court? Contact Persaud Law Office.

The Persaud Law Office has handled many cases in Nowata. If you would like us to help you navigate the Nowata County Court system, please give us a call today.