If an associate district judge in Oklahoma resigns, is removed, or otherwise leaves office, can the presiding judge of the judicial administrative district appoint a special judge to fill in until the vacancy is permanently filled?

Plain-English summary

Oklahoma Attorney General Gentner Drummond answered a question from Representative Collin Duel about how to handle a vacancy in the office of associate district judge. Specifically, can the presiding judge of the judicial administrative district appoint a special judge to temporarily serve as associate district judge until the vacancy is permanently filled?

The AG said yes. Title 20, section 122(3) of the Oklahoma Statutes lets a special judge be appointed within the judicial administrative district "to hold office for the duration of such vacancy or incapacity." The statute uses the word "vacancy" broadly without limiting its meaning. By cross-referencing 51 O.S. § 8 (which defines the events that create a vacancy in any state office, such as death, resignation, removal, failure to qualify, loss of residency, and felony conviction), the AG concluded that any of those events triggers § 122(3).

The opinion explicitly overrules a 1970 AG opinion (1970 OK AG 274) to the extent it had read § 122(3) as applying only to temporary absences and not to permanent vacancies caused by disqualification or incapacitation. The AG concluded that the 1970 reading misread Meyer v. Doty, 1963 OK 5, 378 P.2d 309, which actually permitted a substitute appointment to temporarily fill the office until "filled by proper appointment."

The opinion also reminded readers that the special judge's tenure remains temporary. Once the vacancy is filled through the regular process (typically gubernatorial appointment under 51 O.S. § 10(B), or election under article VII), the special judge returns to their special-judge role, retaining jurisdiction only over cases they tried during the temporary appointment.

What this means for you

If you are a presiding judge in an Oklahoma judicial administrative district

When an associate district judge dies, resigns, is removed, or becomes unable to perform duties, you can appoint a special judge in your district to temporarily serve as the acting associate district judge under 20 O.S. § 122(3). Make the appointment in writing, document the triggering vacancy event from the 51 O.S. § 8 list, and limit the appointment to "the duration of such vacancy or incapacity." Once the regular process fills the seat, the special-judge appointment ends.

If you are a special judge being asked to serve temporarily

Confirm the appointment is grounded in 20 O.S. § 122(3) and identifies the vacancy event. While you serve as acting associate district judge, you exercise the associate district judge's full powers. After the vacancy is filled, your temporary role ends, but you retain jurisdiction over any case you actually tried during your service. Other cases assigned to the temporary docket can be transferred by the presiding judge.

If you practice in Oklahoma district court

A special judge sitting under 20 O.S. § 122(3) is the lawful associate district judge for the duration of the vacancy. Their orders and rulings have the full force of an associate district judge's. If you have concerns about authority, verify the appointment and the underlying vacancy event with the presiding judge's order, but the AG opinion confirms the appointment power exists for any vacancy listed in 51 O.S. § 8.

If you are an Oklahoma county clerk or court administrator

You may see special-judge appointments fill associate-district-judge vacancies more readily after this opinion. Confirm filings list both the temporary appointment and the underlying vacancy. When the vacancy is permanently filled (through the gubernatorial appointment process), document the end of the special-judge's temporary role.

Common questions

Q: What events count as a vacancy under 20 O.S. § 122(3)?
A: The AG points to 51 O.S. § 8: death, resignation, removal from office, failure to qualify, final judgment for breach of an official bond, ceasing to be a resident of the state or judicial district, final felony conviction, or guilty/nolo contendere plea to a felony or oath-violating offense.

Q: Does the special judge stay in the role until the next regular election?
A: No. The special judge serves only "for the duration of such vacancy or incapacity." Once the vacancy is filled through the standard process (typically gubernatorial appointment via the Judicial Nominating Commission under 51 O.S. § 10(B)), the special judge's temporary role ends.

Q: What about cases the special judge tried during the temporary service?
A: The special judge retains jurisdiction over those cases after returning to special-judge duties. The presiding judge can also transfer those cases to another judge in the district if needed.

Q: Does this apply if the associate district judge is just temporarily unavailable, like medical leave?
A: Yes. Section 122(3) covers both vacancies and incapacities. A presiding judge can appoint a special judge to fill in for either situation.

Q: Was this a change from prior practice?
A: Partly. The 1970 AG opinion had been read to limit § 122(3) to temporary absences. This 2026 opinion clarifies that the statute reaches any vacancy event from 51 O.S. § 8, including permanent ones, and overrules the 1970 opinion to the extent it conflicts.

Q: Does the special judge have to apply to become the associate district judge permanently?
A: Yes. If a special judge wants the permanent associate-district-judge seat, they must follow the regular appointment or election process. The temporary service does not promote them.

Background and statutory framework

Article VII of the Oklahoma Constitution establishes that each county shall have at least one associate district judge. Vacancies in associate-district-judge offices are filled "in the manner provided by law," typically through gubernatorial appointment from a list provided by the Judicial Nominating Commission under 51 O.S. § 10(B), or through election as provided in article VII-B and title 26.

Section 122(3) of title 20 has carried language about presiding-judge appointment of special judges to fill associate-district-judge vacancies since 1968. The statute uses the word "vacancy" without modifiers; the AG applied the rule from 25 O.S. § 2 that statutory definitions of a word apply across the Code unless a contrary intent plainly appears, and pulled in 51 O.S. § 8's vacancy events.

The 1970 opinion (1970 OK AG 274) cited Meyer v. Doty, 1963 OK 5, 378 P.2d 309, for the proposition that the predecessor statute did not reach permanent absences, disqualifications, or incapacitations. The 2026 opinion notes that Meyer actually authorized a substitute appointment to fill an office until "filled by proper appointment," which supports rather than blocks the broader reading the new opinion adopts.

Citations and references

Statutes and constitutional provisions:
- 20 O.S.2021, § 122(3) (special judge appointment for vacancy or incapacity)
- 51 O.S.2021, § 8 (vacancy events in state offices)
- 25 O.S. § 2 (statutory definitions apply across the Code)
- 51 O.S.2021, § 10(B) (Judicial Nominating Commission process)
- Okla. Const. art. VII, § 8 (associate district judges)
- Okla. Const. art. VII-B (Judicial Nominating Commission)

Cases:
- Meyer v. Doty, 1963 OK 5, 378 P.2d 309 (substitute appointment to fill vacancy until filled by proper appointment)

Prior AG opinion:
- 1970 OK AG 274 (overruled to the extent it conflicts with this opinion)

Source

• Landing page: https://oklahoma.gov/oag/opinions/ag-opinions/2026/2.html
• Original PDF: https://oklahoma.gov/content/dam/ok/en/oag/opinions/ag-opinions/2026/A.G.%20Opinion%202026-2.pdf

Original opinion text

GENTNER DRUMMOND
ATTORNEY GENERAL
ATTORNEY GENERAL OPINION
2026-2
The Honorable Collin Duel
Oklahoma House of Representatives, District 31
2300 N. Lincoln Blvd., Rm. 246
Oklahoma City, OK 73105

February 17, 2026

Dear Representative Duel:
This office has received your request for an Attorney General Opinion in which you ask, in effect,
the following question:
In the event of a vacancy in the office of associate district judge, does title 20,
section 122(3) of the Oklahoma Statutes permit a special judge to be appointed
by the presiding judge of the judicial administrative district to temporarily
serve as associate district judge until the vacancy is filled?
I.

SUMMARY
A special judge may be appointed to temporarily fill the vacancy in the office of associate district
judge in accordance with title 20, section 122(3) of the Oklahoma Statutes. A.G. Opinion 1970-274 (1970 OK AG 274) (the "1970 Opinion") is hereby overruled to the extent it conflicts with
this Opinion.
II.
BACKGROUND
Article VII, section 8(d) of the Oklahoma Constitution provides that each county in Oklahoma
shall have at least one associate district judge. Section 8(d) also vests the "exercise [of] all
jurisdiction in the District Court except as otherwise provided by law" in district judges and
associate district judges. Additionally, section 8(g) requires an associate district judge to be "an
attorney licensed to practice in the State of Oklahoma and an elector at the time of filing." Section
8(g) further allows the Legislature to adopt other qualifications for the office of associate district
judge. Associate district judges serve four-year terms, and, relevant here, vacancies in the office
of associate district judge "shall be filled in the manner provided by law." OKLA . CONST . art. VII,
§ 8(f).

313 N.E. 21ST STREET • OKLAHOMA CITY, OK 73105 • (405) 521-3921 • FAX: (405) 521-6246

The Honorable Collin Duel
Oklahoma House of Representatives, District 31

A.G. Opinion
Page 2

At issue in this opinion is title 20, section 122(3) of the Oklahoma Statutes, which states:
If a vacancy occurs in the office of associate district judge, or if an associate district
judge becomes unable to perform the duties of his or her office, as determined by
the presiding judge of the judicial administrative district, a special judge may be
appointed within the judicial administrative district to hold office for the duration
of such vacancy or incapacity. After the vacancy is filled, or after the associate
district judge becomes able to perform the duties of his or her office, the special
judge shall have the power to act in regard to any case which he or she has already
tried . . . .
This language has largely been unchanged since 1968 despite numerous reorganizations of section
122.
Relevant to your request, in 1970, the office issued A.G. Opinion 1970-274 (1970 OK AG 274)
addressing two questions: (1) whether the temporary assignment of a special judge to the office
of associate district judge created a vacancy in the office of the special judge, and (2) whether the
special judge serving temporarily as the associate district judge entitled him or her to the salary of
an associate district judge. The opinion concluded that (1) the special judge's temporary
appointment to the office of associate district judge did not create a vacancy in the office of special
judge, and (2) the special judge would receive his or her special judge salary during his or her
temporary appointment. Despite reaching these straightforward conclusions, the opinion included
the following excerpt specifying which situations to which section 122 would apply:
The provisions of Article VII, § 6, Oklahoma Constitution, 20 O.S. Supp. 1969, §
122(b), as amended, and Rule 3 of the Supreme Court are intended to apply in said
situations in which there is in fact a temporary vacancy in the office of Associate
District Judge, and not in those cases in where the incumbent is permanently absent,
disqualified, or incapacitated.
1970 OK AG 274. The opinion continued, indicating that in cases of permanent absence,
disqualification, or incapacitation, the associate district judge must be replaced in a manner
authorized by law. 1 The language in the excerpt gave rise to your request.
At its core, your request requires this office to critically examine the 1970 Opinion's accuracy.
This office now concludes that a special judge may temporarily fill the office of the associate
district judge in the event of any vacancy described in title 51, section 8 of the Oklahoma Statutes,
including those in which the incumbent is permanently absent, disqualified, or incapacitated.

1
To support its argument, A.G. Opin. 1970-274 generally cited to article VII, section 8(f) of the Oklahoma
Constitution (district court vacancies are to be filled in accordance with applicable law); article VI, section 13 (the
Governor's appointment power of officers); title 51, section 10 of the Oklahoma Statutes (the Governor shall use the
services of the Judicial Nominating Commission to fill district court and Court of Civil Appeals vacancies); and title
20, section 1102 of the Oklahoma Statutes (judicial vacancies are to be filled in a manner prescribed by the Oklahoma
Constitution).

The Honorable Collin Duel
Oklahoma House of Representatives, District 31

A.G. Opinion
Page 3

III.

DISCUSSION
As set forth above, a special judge may be appointed (temporarily) to act as the associate district
judge. 20 O.S.2021, § 122(3). This may occur under two scenarios: (1) a vacancy in the office
occurs, or (2) the sitting associate district judge "becomes unable to perform the duties of his or
her office." Id. The special judge may serve as the acting associate district judge "for the duration
of such vacancy or incapacity." Id.
Oklahoma law states what events create a vacancy. See 51 O.S.2021, § 8. These events include:
(1) Death or resignation of the officer.
(2) The officer's removal from office or failure to qualify.
(3) A final judgment obtained against an officer for breach of his or her official bond.
(4) The officer ceases to be a resident of the state, county, township, city or town, or
of any district thereof, in which official duties are to be exercised or for which the
officer has been elected or appointed.
(5) A final conviction in a state or federal court of competent jurisdiction of any felony
or any offense involving the violation of the officer's official oath.
(6) Entering a plea of guilty or nolo contendere in a state or federal court of competent
jurisdiction for any felony or any offense involving a violation of the officer's
official oath.
Id. Citing Meyer v. Doty, 1963 OK 5, 378 P.2d 309, the 1970 Opinion concluded that a special
judge may not temporarily fill in as associate district judge when the incumbent was "permanently
absent, disqualified, or incapacitated." 1970 OK AG 274. But the outcome in Meyer does not
support such a conclusion. In Meyer, the court found that the county attorney's death resulted in a
vacancy under title 51, section 8 of the Oklahoma Statutes. Faced with dueling appointments to
fill the position by the district judge and the board of county commissioners, the court held that
the board of county commissioners' appointee was the proper individual to fill the county
attorney's unexpired term. Meyer, ¶¶ 13–15, 378 P.2d at 311. However, the court also determined
that the district judge may appoint a "substitute" to temporarily fill the office until "filled by proper
appointment." Id. ¶ 12, 378 P.2d at 311.
Crucially, title 20, section 122(3) used the word "vacancy" generally and did not specify what
vacancy events were applicable. Therefore, the office now relies on title 25, section 2 of the
Oklahoma Statutes. "Whenever the meaning of a word or phrase is defined in any statute, such
definition is applicable to the same word or phrase wherever it occurs, except where a contrary
intention plainly appears." Id. Section 122(3) offers no clear contrary intention. As a result, section
122(3) may be invoked if any vacancy event described in title 51, section 8 arises.
Section 122 unequivocally establishes that a special judge's service as the acting associate district
judge is temporary. The special judge's service is "for the duration of such vacancy or incapacity."
51 O.S.2021, § 122(3). Once the vacancy is filled by appointment or the associate district judge
resumes his or her duties, the special judge returns to his or her former role but possesses
jurisdiction only over cases that he or she "tried." Id. Regardless, "the presiding judge of the

The Honorable Collin Duel
Oklahoma House of Representatives, District 31

A.G. Opinion
Page 4

judicial administrative district may transfer such a case to any other judge in the judicial
administrative district." Id. Inevitably, the four-year term authorized under article VII, section 8(f)
of the Oklahoma Constitution will expire. If a special judge wants to be considered for the office
of associate district judge once a vacancy is determined, he or she must follow the process for
appointment or election under Oklahoma law. See OKLA. CONST. art. VII-B, § 4; 51 O.S.2021, §
10(B); OKLA. CONST. art. VII, § 9; and 26 O.S.2021, §§ 5-102, 5-112(A)(2)(g), 11-108.
It is, therefore, the official Opinion of the Attorney General that:
Under title 20, section 122(3) of the Oklahoma Statutes, a special judge may
be appointed to temporarily fill a vacancy in the office of the associate district
judge until the office is filled through the process in title 51, section 10(B) of
the Oklahoma Statutes. To the extent that A.G. Opinion 1970-274 (1970 OK
AG 274) conflicts with this opinion, it is hereby overruled.

GENTNER DRUMMOND
ATTORNEY GENERAL OF OKLAHOMA

THOMAS R. SCHNEIDER
DEPUTY GENERAL COUNSEL