The Osage County District Court: How It Works

The Osage County District Court is a court of the state of Oklahoma. The Osage County District Court is a court of “unlimited jurisdiction.” This means that the Osage County District Court may hear any type of case for which venue is appropriate in Osage County, unless there is a specific state or federal law which prohibits the Osage County District Court from hearing the case. The Osage County District Court has three judges: one district judge, one associate district judge, and one special judge. The Osage County District Court hears cases at the Osage County Courthouse in Pawhuska.

This is my second post in a series about courts in and around Bartlesville. My last post was about the Washington County District Court. My next post will be about the Nowata County District Court.

What is the Osage County District Court?

Despite its name, the Osage County District Court is not an agency of the Osage County government. It is a state court, provided for in the Oklahoma State Constitution. The State of Oklahoma pays the Osage County District judges.

Jurisdiction of the Osage County District Court

In my post on the Washington County District Court, I explained, in detail, the jurisdiction of Oklahoma district courts. For a more thorough overview of the jurisdiction of the Osage County District Court, read that post – the laws on jurisdiction that apply to the Washington County District Court, also apply to the Osage County District Court.

A unique type of case that the Osage County District Court often hears is the “Osage Indian headright” probate case. The federal government owns all of the mineral rights (including rights to oil and gas) in Osage County. The federal government holds these minerals “in trust” for the Osage Tribe. (To find out the definition of “in trust” read my blog post here.) When this system was created, there were 2,229 Osage Indian allottees the government gave one “headright” (that is, the right to receive royalties from the oil and gas) to each Osage allottee. Each headright was worth 1/2,229^th of the entire mineral estate in Osage County. When an Osage allottee died, his heirs would inherit his headright.

These headrights still exist. When a headright owner dies, the owner’s estate must be probate in order for the owner’s heirs to receive his headright. Federal law provides that Osage headright property “shall, in probate matters, be subject to the District Court of Oklahoma having jurisdiction.” The U.S. Department of Interior, Board of Indian Appeals, has ruled that “Oklahoma District Courts have jurisdiction in Osage probate matters.” (For examples of such rulings, see cases here and here.) Because Osage headright probates are subject to “the District Court of Oklahoma having jurisdiction” we must look to Oklahoma probate venue statutes to see which Oklahoma District Court has jurisdiction.

Oklahoma law provides that is a decedent died while a resident of Oklahoma, the probate is to be held in the county where the decedent died. If a person died while not a resident of Oklahoma, then probate must be held in the county where a part of the estate exists. Many Osage headright holders live in Osage County. Also, if an Osage headright holder died while not a resident of Oklahoma, his headright property is located in Osage County. This means that the Osage County District Court has jurisdiction over many Osage headright probates.

Who are the Osage County District Court judges?

Oklahoma is divided into twenty-six judicial districts. Osage County comprises all of District 10.

Each district has one district judge. The district judge for district 10 is Stuart Tate.

Judge Stuart Tate

Judge Tate, as district judge, has supervisory authority over the Osage County District Court. Judge Tate may hear almost all cases in which the venue is Osage County. District judges are elected every four years by the voters in their districts. Thus, Judge Tate was elected by the voters of Osage County. His term ends at the end of 2026. Judge Tate is running for reelection unopposed, so his term will continue for another four years.

Osage County also has one “Associate District Judge”. His name is Burl Estes.

Judge Burl Estes

The Osage County Associate District Judge is also elected every four years by the voters in Osage County. Judge Estes’ term also ends in 2026, but he too, is running for reelection unopposed, so his term will also continue for another four years. Under Oklahoma law, the district judge may assign, to the associate district judge, any case that may be brought in the district.

Osage County also has one special judge: Cindy Pickerill.

Judge Cindy Pickerill

Judge Pickerill was not elected. Under the Oklahoma Constitution, district judges appoint special judges “to serve at their pleasure.” A district judge may remove a special judge at any time.

Oklahoma law provides limits on what a special judge may hear. To see the types of cases that a special judge may hear, read my post on the Washington County District Court.

Where does the Osage County District Court hear cases?

Almost every Osage County District Court case takes place in the Osage County Courthouse, at 600 Grandview Avenue Pawhuska, Oklahoma. This is what the Osage County Courthouse looks like:

Appealing from the Osage County District Court

If you lose a civil case in the Osage County District Court, you may appeal to the Oklahoma Supreme Court. If you lost a criminal case in the Osage County District Court, you may appeal to the Oklahoma Court of Criminal Appeals. To see how the Oklahoma appeals process works, click here.

Municipal Courts in Osage County

Some cities and towns in Osage County have municipal courts. These courts are city agencies; they are not state courts and are not included in the state court system. Municipal courts hear criminal cases in which violations of city ordinances are alleged. A defendant may appeal from a municipal court in Osage County, to the Osage County District Court.

Do you have a case in the Osage County District Court? Contact Persaud Law Office.

At the Persaud Law Office, we’ve handled many cases in Osage County District Court. If you would like us to assist you with you case in the Osage County District Court, please give us a call.