The Washington County District Court: How It Works

The Washington County District Court is the state court that serves Washington County, Oklahoma. The Washington County District Court may hear any type of case where venue in Washington County is appropriate, as long as there is no law specifically restricting the Washington County District Court’s jurisdiction to hear the case. There are four Washington County District Court judges: one district judge, one associate district judge, and two special judges. The Washington County District Court hears cases at the Washington County Courthouse in Bartlesville. Other courts, which may affect Washington County residents, include municipal courts, Indian tribal courts, federal courts, and administrative courts.

This is the first in a three-part series about courts in Bartlesville in the surrounding areas. A number of my clients have had questions about how local courts work, so I am going to provide an overview. This post will discuss the Washington County District Court; the following post will look at the Osage County District Court; after that, we will examine the Nowata County District Court.

What is the Washington County District Court?

Although it is called the “Washington County District Court,” the court is an agency of the Oklahoma state government; it is not part of the county government. The Washington County District Court judges receive their paychecks from the state of Oklahoma.

What jurisdiction do Oklahoma District Courts have?

Article 7 of the Oklahoma Constitution specifies that district courts in Oklahoma have “unlimited original jurisdiction of all justiciable matters, except as otherwise provided in this Article.” This means that district courts may hear any case unless there is a specific constitutional provision that prohibits a district court from hearing that specific case. As an example of a state constitutional provision that takes jurisdiction away from a state district court, Article 7A creates the “Oklahoma Court on the Judiciary” which has exclusive jurisdiction to hear cases about the misconduct of Oklahoma state judges. Thus, Oklahoma district courts may not hear cases involving Oklahoma judicial misconduct.

There are federal laws that say that certain cases that only federal courts, and not state courts, may hear. Because federal law is above state law, these federal laws also have the power to restrict state courts. For example, only federal courts may hear federal criminal prosecutions. Also, only federal courts may hear admiralty and maritime cases, bankruptcy cases, copyright and patent cases, and antitrust cases. A state court, such as the Washington County District Court, may not hear these cases.

In 2020, in the McGirt decision, the U.S. Supreme Court held that only a federal court, and not a state court, may hear a criminal prosecution of a member of a federally recognized Indian tribe for violating a law listed in the Major Crimes Act committed within Indian country.. For more information on the McGirt case, read my earlier post here.

But the above listed cases are narrow exceptions. Generally, an Oklahoma state court may hear any case – even if another court is also authorized to hear the case.

What jurisdiction does the Washington County District Court have?

In criminal cases, the accused has a right, under the Oklahoma Constitution, to be tried in the county where the crime was committed, or where evidence exists that the crime may have been committed. An accused may request a change of venue if the accused believes that the county is so prejudiced against him that he cannot receive a fair trial. Thus, if an accused is alleged to have committed a non-federal crime in Washington County, and is not Indian, the defendant has the right to have the case heard in the Washington County District Court. But the defendant may ask for a change of venue if the defendant believes that he will be prejudiced in Washington County. (Or, if the defendant was alleged to have committed a crime in another county, he may request transfer to Washington County District Court, if he believes the previous county was prejudiced against him.)

In civil cases, the Oklahoma law on venue provides which civil cases are to be tried in which county. This law is complicated, and I cannot discuss all of the provisions in a post of this length. Some common Oklahoma venue provisions are:

·         You must bring a suit over real property in the county where the property is located.

·         You must file a divorce case in the county where you, or your spouse, have resided for the past thirty days prior to the filing of the petition.

·         You must file a paternity case in the county where the child lives or is found, or where the respondent lives if the child does not live in Oklahoma.

·         Generally, you must file a probate case in the county where the decedent resided at the time of his death, if the decedent resided in Oklahoma at the time of his death.

·         You must file a suit for the collection of a debt in any county where the debt was contracted.

·         You must file a breach of contract suit in the county where a defendant lived when the claim arose, or in the county where the claim arose, or where a defendant may be summoned.

For further information, see the Oklahoma law on venue for general civil cases here, the divorce venue law here, the paternity venue law here, the probate venue law here, the guardianship venue law here, and the adoption venue law here.

Who are the Washington County District Court judges?

The Oklahoma Constitution divides the state into judicial districts. Under an Oklahoma statute, there currently twenty-six judicial districts.

District 11 includes both Washington County and Nowata County. Each District has one district judge. The District judge for District 11 is Linda Thomas.

As the presiding District Judge, Judge Thomas has supervisory authority over both the Washington County and Nowata County District Courts. She hears cases in both counties. Because state district courts have “unlimited original jurisdiction” over all cases except where specifically prohibited, Judge Thomas has jurisdiction to hear almost all cases in which venue is appropriate in Washington or Nowata County.

The District Judge is elected every four years, by the voters of Washington and Nowata counties. Judge Thomas’ term ends at the end of 2026.

Washington County also has one “Associate District Judge”: Russell Vaclaw.

The Associate District Judge is elected every four years by the voters of Washington County. Judge Vaclaw’s term also ends at the end of 2026.

Unlike Judge Thomas, Judge Vaclaw only hears cases in Washington County; he does not hear cases in Nowata County. Oklahoma law says that the District Judge has “the power of assignment of associate district judges.” Thus, Judge Vaclaw may hear any case Judge Thomas assigns to him. Because Oklahoma District Courts have unlimited jurisdiction, Judge Thomas may assign Judge Vaclaw hear almost any case in which venue in Washington County is appropriate.

Washington County also has two “special judges”: Judge Kyra Franks and Judge Jared Sigler.

Special judges are not elected. The district judge appoints special judges “to serve at the[] pleasure” of the district judge. This means that a district judge may remove a special judge at any time.

Unlike District Judges and Associate District Judges, who may hear any case filed in District Court, the law allows special judges to hear only certain cases. Special judges may only hear:

·         Suits to recover an amount of money less than $10,000

·         Uncontested cases

·         Evictions

·         Suits to recover property worth less than $10,000

·         Misdemeanors

·         Felonies involving a second and subsequent offense for driving under the influence

·         Temporary injunctions and restraining order, if there is no district judge or associate district judge available to hear the case

·         Writs of habeas corpus

·         Probates

·         Divorces

·         Custody cases

·         Child support and spousal support cases

·         Guardianships

·         Conservatorships

·         Mental health cases

·         Juvenile cases

·         Adoptions

·         Determination of death proceedings

·         Appeals from Service Oklahoma revoking a person’s driver’s license

·         Cases where all parties agree in writing that a special judge may hear the case

·         Post-judgment collection cases

·         Youthful offender cases

·         Warrants

Where does the Washington County District Court hear cases?

Almost all Washington County District Court cases are heard in the Washington County Courthouse, at 420 S. Johnstone, Bartlesville, Oklahoma. This is the courthouse:

Appealing from the Washington County District Court

All criminal cases in the Washington County District Court are appealable to the Oklahoma Court of Criminal Appeals. All civil cases in the Washington County District Court are appealable to the Oklahoma Supreme Court. For more information on the appeals process in Oklahoma state courts, click here.

The relation of the Washington County District Court and the Municipal Courts

Some cities in Washington County have municipal courts. These courts are not a part of the state court system, and are not part of the Washington County District Court. The mayor of each city appoints the municipal judges for that city.

Municipal courts may hear cases involving violations of city ordinances. If a defendant loses in municipal court in Washington County, the defendant may appeal to the Washington County District Court.

I mention this because a few years ago, I had a client who had a case in Washington County District Court. My client had read an article that said that the Bartlesville municipal judge had died, and my client wondered if this would affect his case. I explained to my client that the Bartlesville municipal court is not a part of the Washington County District Court, and that therefore the municipal judge’s death would not affect my client’s case in District Court.

Other courts that are not part of the Oklahoma state court system

There are also other courts that are separate from the state court system. Many Indian tribes have their own courts. Also there are federal courts (discussed briefly above). Also, many state and federal agencies have set up their own courts within the agency (for example, the Oklahoma Department of Human Services has set up its own child support courts, and the U.S. Citizenship and Immigration Services has set up its own immigration courts.) If you have a case in any of those courts, nothing in this post will apply.

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

The Persaud Law Office has handled over three hundred cases in Washington County District Court. If you have a case in Washington County District Court, we may be able to help you. Contact us today for a free consultation.