Richard Darby functions as a justice on The Oklahoma Supreme Court. In that role he represents the 9th judicial district.

Appointed by Oklahoma Governor Mary Fallin in 2018. Darby will appear on the 2026 judicial retention ballot.

Notable Rulings

The 2020 absentee-ballot notarization case

During the opening months of the COVID-19 pandemic, the League of Women Voters challenged the requirement that an absentee voter have the ballot affidavit notarized.

The majority did not simply declare all verification requirements unconstitutional. Instead, it interpreted an existing Oklahoma statute providing that a signed declaration made under penalty of perjury could serve in place of an affidavit unless the particular affidavit had been expressly excluded by law. Because absentee-ballot affidavits were not among the exclusions, the court directed the Election Board to recognize such declarations and not present notarization as the only legally permissible method.

Darby’s role: Darby, then vice chief justice, joined the 6–3 majority. He did not write separately.

The St. Isidore Catholic charter-school case — 2024

The Statewide Virtual Charter School Board approved a contract establishing St. Isidore of Seville Catholic Virtual School as a publicly funded charter school.

The Oklahoma Supreme Court held that the arrangement violated the Oklahoma Constitution, the state’s charter-school statutes and federal Establishment Clause principles. The majority treated St. Isidore as a public school and therefore as a governmental actor, notwithstanding that it would be operated by a Catholic organization.

Darby’s role: Darby joined the majority blocking the school.

The public-school mask-mandate law — 2022

Senate Bill 658 generally prevented public schools from requiring masks unless the governor had declared a state of emergency.

The court struck the portion of the law that made a school board’s authority depend upon a gubernatorial emergency declaration. It concluded that this arrangement violated constitutional separation-of-powers principles and improperly made local authority contingent upon executive action. The remaining portions of the law were left intact where they could be severed.

Darby’s role: Darby was chief justice and joined the majority. He did not write separately.