Robert L. Hudson
Non-Partisan | Oklahoma
Candidate Profile
Leans Originalist
BIOGRAPHY
EDUCATION
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WORK & MILITARY
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AFFILIATIONS
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POLITICAL OFFICES HELD
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POLITICAL OFFICES SOUGHT
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OTHER INFORMATION
In State v. Crawford (2026), in which Judge Hudson dissented, the Oklahoma Court of Criminal Appeals held that it could not hear the State’s appeal of a trial court’s decision excluding evidence of the defendant’s alleged prior bad acts in a child-abuse case. As a result, the State could not immediately appeal the ruling. Hudson agreed the appeal should be dismissed because the trial court had not made a final ruling. However, he disagreed with the majority’s interpretation of the appeal statute. He argued that its plain language allows the State to appeal rulings excluding evidence, whether based on constitutional or other grounds. He said courts should follow the Legislature’s language rather than narrow it based on policy concerns.
In Terry v. Drummond (2025), in which Judge Hudson concurred, the Oklahoma Court of Criminal Appeals answered a question from the Tenth Circuit about Oklahoma’s riot law. The federal case involved whether a person could be convicted of riot based on threatening communications without proof that he consciously disregarded the risk that his words would be seen as threats. The Tenth Circuit asked the OCCA to clarify what intent Oklahoma’s riot law requires. The OCCA held that the State does not have to prove this specific type of recklessness. Instead, it must prove that three or more people shared an intent to use or threaten violence and had the immediate ability to carry it out. The ruling limits the law to group violence or immediate threats, not speech alone.
In Diaz v. State (2025), in which Judge Hudson dissented, the Oklahoma Court of Criminal Appeals held that a convicted felon could be prosecuted for possessing an air-powered BB pistol because it could qualify as an “imitation pistol” under Oklahoma law. The Court overruled an earlier case, Thompson v. State, that excluded air-powered guns from the statute. Hudson disagreed, arguing that the statute’s plain language does not include unaltered BB guns or air pistols. He said the Legislature could have specifically prohibited BB guns but did not, and that expanding the statute was the Legislature’s job, not the Court’s.
In O’Brien v. City of Tulsa (2024), in which Judge Hudson wrote the majority opinion, the Oklahoma Court of Criminal Appeals held that Oklahoma could prosecute a non-member Indian for crimes committed within the Muscogee (Creek) reservation. Relying on Oklahoma v. Castro-Huerta, Hudson held that states generally have criminal jurisdiction over non-member Indians in Indian Country unless federal law prevents it
In State ex rel. District Attorney v. Wallace (2021), in which Judge Hudson specially concurred, the Oklahoma Court of Criminal Appeals held that McGirt v. Oklahoma did not apply retroactively to convictions that were final before McGirt. Hudson agreed that a final murder conviction could not be overturned based on McGirt, which had recognized certain Oklahoma reservations as Indian Country subject to federal criminal jurisdiction. He emphasized that McGirt announced a new rule that was a clear break from prior law and that applying it retroactively would undermine the finality of convictions. The Court therefore reinstated the defendant’s conviction.
QUESTIONNAIRE
RIGHT TO LIFE
Was Dobbs v. Jackson rightly decided according to the text of the Constitution? Please explain. (Holding: In Dobbs, the U.S. Supreme Court held that the federal constitution does not confer a right to abortion.)
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Does the federal Constitution support the right to physician assisted suicide? Please explain in light of Washington v. Glucksberg (1997).
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Human life deserves legal protection from conception until natural death.
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How do you view the judiciary’s role in matters of abortion regulation following Dobbs?
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RELIGIOUS LIBERTY
Do you believe religious liberty is at risk in the United States. If so, what is the judiciary's proper role in addressing this issue?
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Does the Establishment Clause of the First Amendment require government to be strictly secular or does it allow for the nation's religious heritage?
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Was Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission rightly decided according to the text of the Constitution? Please explain. (Holding: The U.S. Supreme Court held tha the state may not show religious hostility when enforcing anti-discrimination laws against a business owner.)
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VALUES
Briefly describe your spiritual beliefs and values.
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What is your understanding of parental rights under the Constitution regarding the upbringing of children, particularly regarding choices about education and sexual identity?
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Is gender identity a protected class under the Constitution? Please explain the constitutional basis for your view.
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ABOUT YOU
Have you ever been convicted of a felony? If so, please explain.
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Have you ever been penalized for sexual misconduct in either civil or criminal court? If so, please explain.
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I voted in these primaries and general elections:
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JUDICIAL PHILOSOPHY
Describe your judicial philosophy.
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Do you believe judges should primarily apply the law according to its original public meaning, or do you believe the law evolves over time to reflect contemporary values?
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Which current or past U.S. Supreme Court justice best reflects your judicial philosophy?
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Was Obergefell v. Hodges rightly decided according to the text of the Constitution? Please explain. (Holding: The U.S. Supreme Court held Due Process and Equal Protection Clauses create a right for same-sex couples to marry.)
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A. How should a judge approach a case where the constitutional or statutory text is clear on its face? B. Conversely, how should a judge proceed when the text is ambiguous or silent on a disputed issue?
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What is your view of judicial restraint versus judicial activism? How do you define each?
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What is the proper role of a judge?
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When applying or interpreting the text of a statute or constitutional provision, is it ever proper for a judge to consider present day public opinion or consequences?
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If precedent departs from the Constitution’s text or original meaning, should a judge follow it or correct the error? Please explain.
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CRIMINAL JUSTICE & PUBLIC SAFETY
The burden of proof in a criminal case is generally that the state must provide proof beyond a reasonable doubt. Some say the reason the burden of proof is so high is because we greatly value ensuring that the innocent are not unjustly imprisoned. Please comment on this topic.
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When reviewing wrongful conviction claims, what role, if any, should judges play in determining remedies?
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2ND AMENDMENT
What is your understanding of the Second Amendment’s right to keep and bear arms?
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OTHER IMPORTANT ISSUES
Which branch of government do you believe was intended to wield the most authority?
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