| Opinion: | Frazier v. Bruce, 2021 OK 14 |
| Subject matter: | Rule 15 (disqualification); Sanctions |
| Date Decided: | 3/29/2021 |
| Trial Court: | Tulsa County |
| Route to this Court: | Application to Assume Original Jurisdiction pursuant to Rule 15 |
| Facts: | Mother’s request to disqualify lower court judge was denied by the Supreme Court on January 25, 2021; Father then filed an Application for Attorney’s Fees, alleging Mother’s request to disqualify was frivolous and seeking attorney’s fees as sanction. |
| Standard of Review: | Okla. Sup. Ct. R. 1.191(J) (sanctions in original proceedings) |
| Analysis: | The Court noted that the law has long been settled that an adverse ruling by the trial court is insufficient to seek recusal of the judge; the Court concluded that Mother’s Rule 15 proceedings amounted to a frivolous filing and was used only to delay and disrupt lower court proceedings; the Court granted Father’s request for attorney’s fees as a sanction against Mother. |
| Outcome: | Motion for Attorney’s Fees granted; trial court ordered to hold a hearing to determine amount of fees. |
| Vote: | Darby, C.J., Kane, V.C.J., Winchester, Edmondson, Combs, JJ., concur; Gurich, J., concur in result; Kauger, Rowe, JJ., dissent. |
| Other: | Done by Order of the Court; not written by any particular Justice. |
