Alva Review-Courier -

OKLAHOMA CITY (AP) — The Oklahoma Supreme Court Tuesday dismissed a lawsuit that challenged the residency of newly appointed Supreme Court Justice Patrick Wyrick.

In a four-page ruling, the state's highest court decided that the lawsuit was not timely filed and that two southeastern Oklahoma residents who filed it do not have legal standing to challenge Wyrick's qualifications to hold the office.

The decision says Oklahoma law requires that a lawsuit challenging a Supreme Court justice's qualification to serve must be filed by the attorney general, a district attorney or a contestant for the office — requirements that the two residents who filed the lawsuit do not meet.

"This proceeding is clearly a collateral attack by a private individual and is not permitted," the decision states. The case was decided by eight members of the nine-member court and Wyrick did not participate.

The lawsuit was filed by the American Civil Liberties Union of Oklahoma on behalf of southeastern Oklahoma residents Susan Spencer and Cheri Chandler.

Ryan Kiesel, executive director of the ACLU, said he was disappointed that the court's decision was decided on procedural grounds and did not resolve whether Wyrick meets residency requirements for the position.

"While we are disappointed with today's decision, we respect the court's opinion," Kiesel said. He said there are no plans to ask the court to reconsider its ruling.

Wyrick, former solicitor general for the Oklahoma Attorney General's Office, also did not immediately return a telephone call seeking comment.

Wyrick was appointed by Gov. Mary Fallin to a vacancy on the court from a judicial district in southeastern Oklahoma on Feb. 9 and he was sworn in a day later.

Supreme Court justices are chosen from nine separate districts throughout the state to assure each part of the state is represented on the court and to increase diversity among justices.

Wyrick submitted documents to the Judicial Nominating Commission claiming he is a resident of Atoka in southeastern Oklahoma, where he grew up and his family operates a business. Wyrick was among three nominees for the Supreme Court vacancy the commission submitted to Fallin.

The lawsuit alleged Wyrick was living in the Oklahoma City area when he claimed to have been a resident of Atoka and that he does not meet the state Constitution's requirement that justices be a "qualified elector," meaning they are eligible to register to vote, in the district they are chosen from for at least a year prior to their appointment.

But the Supreme Court ruled that Wyrick's appointment was final. In a concurring opinion, Justice John Reif wrote that the commission and governor had properly exercised their authority.

"The constitutional process has been completed, and his qualifications to hold the office of Supreme Court justice are, in my opinion, finally and conclusively determined," Reif said.

Two other justices, Joseph Watt and James Edmondson, said in separate opinions they agreed the lawsuit should be dismissed but disagreed with the majority's decision to bar it from being refiled.