On April 21, 2014, I received notice of the Oklahoma Supreme Court's Order in a civil case, Locket & Warner v. Evans. In its opinion, the Supreme Court attempts to issue a stay of the execution of Clayton Derrell Lockett. While I have great respect for the honorable men and women of the Supreme Court, this attempted stay of execution is outside the constitutional authority of that body. I cannot give effect to the Order by that Honorable Court and remain consistent with my oath of office to uphold the Constitution. However, out of extreme deference to the Supreme Court, I will hereby exercise my constitutional authority pursuant to Article 6 Section 10 of the Oklahoma Constitution.
Therefore, I, Mary Fallin, Governor of the State of Oklahoma, by virtue of the Oklahoma Constitution and the laws of the State of Oklahoma, hereby grant a stay of the execution of Clayton Derrell Lockett of seven (7) days from the date of the scheduled execution, April 22, 2014. The execution for Clayton Derrell Lockett is therefore scheduled for April 29, 2014. During this seven (7) day period, I hereby direct the Oklahoma Attorney General to file the appropriate papers to seek specific guidance from the Oklahoma Court of Criminal Appeals as to how that Court would direct me to implement its Order of the execution of Clayton Derrell Lockett.
This Executive Order shall be forwarded to the Director of the Oklahoma Department of
Corrections and the Oklahoma Attorney General, who shall cause the provisions of this Order to be implemented.
This Executive Order shall also be distributed to the Chief Justice of the Supreme Court of Oklahoma, the Presiding Judge of the Oklahoma Court of Criminal Appeals, the President Pro Tempore of the Oklahoma Senate, and the Speaker of the Oklahoma House of Representatives.
IN WITNESS WHEREOF, I have set my hand and caused the Great Seal of the State of Oklahoma to be affixed at Oklahoma City, Oklahoma, this 22nd day of April, 2014.
BY THE GOVERNOR OF THE STATE OF OKLAHOMA
Mary Fallin
ATTEST:
Chris Benge
Secretary of State
Okla. Admin. Code § 1:2014-8
Added at 31 Ok reg 618, eff 4-22-14