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BARZELLONE v. PRESLEY

No. 102,427.

126 P.3d 588 (2005)

2005 OK 86

Timothy M. BARZELLONE, on behalf of himself and all others similarly situated, Plaintiff/Appellant, v. Patricia PRESLEY, in her capacity as the Oklahoma County Court Clerk, Defendant/Appellee.

Supreme Court of Oklahoma.

November 29, 2005.

Attorney(s) appearing for the Case

David L. Thomas, Oklahoma City, OK, for plaintiff/appellant.

Richard N. Mann, Assistant District Attorney, Timothy E. Rhodes, Oklahoma County Court Clerk's Office, Oklahoma City, OK, for defendant/appellee.

Kenneth G. Cole, Burch & George, P.C., Oklahoma City, OK, for amicus curiae, Oklahoma Trial Lawyers Association.

WATT, C.J.

¶ 1 Three issues are presented on appeal. The first is whether the imposition of a jury fee violates the Okla. Const. art. 2, § 191 providing that the right to jury trial shall be and remain inviolate or the guarantee of access to courts found in the Okla. Const. art. 2, § 6.2 If a jury fee is constitutionally permissible, we are asked whether...

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