High Court Appointment

Oklahoma City, OK –

OKLAHOMA CITY (AP) An Oklahoma state senator has been thwarted in his attempt to stop outgoing Gov. Brad Henry from making a sixth appointment to the state Supreme Court.

The high court yesterday denied a motion by state Sen. Clark Jolley for a stay that would have prevented Henry from appointing a justice to replace the late Marian Opala, who died in October. The court's ruling on the motion allows Henry, a Democrat, to proceed with appointing a new justice. But the merits of the case have not yet been decided.

Jolley is a Republican from Edmond. He was the author of State Question 752, approved by Oklahoma voters in November, which adds two at-large members to the Judicial Nominating Commission. He claims the appointment to the high court should not be made until the new members join the commission.