Howard v. Webb

Supplemental Opinion on Rehearing October 4, 1977 ORIGINAL JURISDICTION ASSUMED; WRIT OF PROHIBITION DENIED. ¶1 Gene C. Howard, President Pro Tempore of the Oklahoma State Senate, and W.P. Willis, Speaker of the Oklahoma House of Representatives, on behalf of themselves and all members of the 36th Legislature filed an Application to Assume Original Jurisdiction and Petition for Writ of Prohibition to restrain Roger Webb, Commissioner of Public Safety of the State of Oklahoma, from directing officers of his department to enforce all traffic laws against members of the Legislature in the same manner (which would include arrests for minor traffic violations) as they would against other drivers. For the first time in this jurisdiction, a litigant seeks to have construed the legislature privilege from arrest contained in Art. V, § 22, Okla.Const. 1 , which provides: