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Woodward v. Morrisey11/19/1999
ORDER DENYING APPLICATION FOR WRIT OF MANDAMUS AND/OR PROHIBITION
On December 21, 1998, David Woodward (hereinafter Petitioner), by and through counsel, C. Rabon Martin, filed an Application to Assume Original Jurisdiction and Petition for Combined Writs of Mandamus and Prohibition in Case No. CF-98-1780 in the District Court of Tulsa County. Petitioner's application was originally filed in the Supreme Court of the State of Oklahoma and assigned Case No. 92364. On February 8, 1999, the Oklahoma Supreme Court transferred this matter to the Oklahoma Court of Criminal Appeals for Disposition. Petitioner requests this Court issue a writ of mandamus and/or prohibition to the Respondents named in his application, but does not indicate what relief he is seeking.
Petitioner alleges he is charged with Driving Under the Influence , Second Offense, in the District Court of Tulsa County, Case No. CF-98-1780, and faces revocation of a suspended sentence in Case No. CF-96-3802. Prior to arraignment, Petitioner alleges he applied for and was denied admission to Drug Court, pursuant to a veto by Tulsa County Assistant District Attorney Nancy Little. Petitioner filed an application with the Drug Court to review the denial. In an order entered November 24, 1998, Special Judge Linda Morrisey, who presided over Tulsa County Drug Court, refused to review Petitioner's request, finding she did not have judicial power to review the District Attorney's decision. Petitioner's Motion for Diversion to Drug Court was then denied by the District Court of Tulsa County, the Honorable Thomas C. Gillert, District Judge, in an order entered November 24, 1998.
Petitioner alleges the Oklahoma Drug Court Act , 22 O.S.Supp.1998, §§ 471-471.11, was enacted to divert persons who would otherwise be prosecuted and punished for offenses relating to recreational drugs to a rehabilitation-oriented Drug Court program. The eligibility criteria established for admission to the program, where such programs exist, is set forth at 22 O.S.Supp.1998, § 471.2. In addition to other statutorily excluded parties, persons whose application forms do not bear the approval of the District Attorney are ineligible for the program.
The Act does not provide for judicial review of the District Attorney's disapproval or veto of a Drug Court application. Petitioner alleges the Legislature, by failing to provide for judicial review of the District Attorney's disapproval of an application for Drug Court, has usurped the judiciary's role in determining whether a cause can be adjudicated in a particular forum, making the Act unconstitutional. Petitioner alleges he has no other relief available in the event this Court does not assume jurisdiction of this matter.
Construing Petitioner's application as a request that we order judicial review of the District Attorney's decision to veto Petitioner's participation in Drug Court, we find nothing in the Petitioner's application establishing that he is entitled to such relief. For a writ of mandamus a petitioner has the burden of establishing (1) he has a clear legal right to the relief sought; (2) the respondent's refusal to perform a plain legal duty not involving the exercise of discretion; and (3) the adequacy of mandamus and the inadequacy of other relief. See Woolen v. Coffman, 1984 OK CR 53, 6, 676 P.2d 1375, 1377; Rule 10.6(B), Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch.18, App. (1998). For a writ of prohibition a petitioner must establish (1) a court, officer or person has or is about to exercise judicial or quasi-judicial power; (2) the exercise of said power is unauthorized by law; and (3) the exercise of said power will result in injury for
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