Specially Concurring.
[ 1 I join in the order entered by the Court but write separately to point out Appellants' repeated failure to invoke the jurisdiction of this Court prevents the Court from reaching any other result.
T2 On March 13, 2014, the Oklahoma Supreme Court determined only the Court of Criminal Appeals has jurisdiction to enter a stay of execution in a death penalty case and transferred to this Court part of the matter pending in Oklahoma Supreme Court Case No. 112,639. That portion transferred addressed the issue of whether a stay should be issued prior to the District Court of Oklahoma County considering the pleadings that have been filed in the above cited civil matter. This Court ordered the Appellants and the State to provide this Court with supplemental briefs and directed the parties to this Court's controlling precedent in Malicoat v. State, 2006 OK CR 25, 137 P.3d 1234 and 22 O.S.2011, § 1001.1. Appellants refused the opportunity to lawfully file an application for post-conviction relief and proceeded with their "civil" claim. Within its supplemental brief, the State acknowledged that it did not possess the drugs needed to carry out the *759lawful sentence of death for Appellants. On March 18, 2014, this Court vacated and reset the scheduled executions for both Appellants. Appellant Lockett's execution was reset to April 22, 2014, and Appellant Warner's execution was reset to April 29, 2014.
T3 On April 7, 2014, Appellants filed their joint Emergency Application for Stay of Execution Pending The Appeal From The District Court's Decision with this Court but did not file an action challenging their convictions, death sentences, or the constitutionality of the execution protocol. Instead, they continued to only raise "civil" claims. The State filed a response that same day and attested that it had the nee-essary drugs to lawfully carry out Appellants' execution and had advised Appellants concerning the Department of Corrections' new execution protocol. On April 9, 2014, we denied Appellants' request for a stay and explicitly informed Appellants that this Court was without authority to issue a stay without an action pending in this Court.
T4 Despite this Court's notice to the Appellants of the need to invoke the jurisdiction of this Court by filing the appropriate pleadings, and the Oklahoma Supreme Court's opinion that only the Court of Criminal Appeals has jurisdiction to enter a stay of execution in a death penalty case, on April 14, 2014, Appellants, again, sought a stay of execution before the Oklahoma Supreme Court in Oklahoma Supreme Court Case No. 112, 741. Appellants' appeal only involves "civil" claims. On April 17, 2014, the Oklahoma Supreme Court transferred to this Court that portion of the issue of whether a stay of execution should be issued for both Appellants during the pendency of their appeal before the Oklahoma Supreme Court.
I 5 Counsel for Appellants are members of the Oklahoma Bar licensed to practice in the state. They are well aware that Oklahoma has a bifurcated civil-criminal system of justice. Carder v. Court of Criminal Appeals, 1978 OK 130, ¶ 1, 595 P.2d 416, 417. The jurisdiction of the Oklahoma Court of Criminal Appeals is set forth in Article VII, § 4 of the Oklahoma Constitution. The Court of Criminal Appeals has exclusive appellate jurisdiction in criminal cases and may exercise such other and further jurisdiction as may be conferred by statute. Id.; 20 O.S.2011, § 40 ("The Court of Criminal Appeals shall have exelusive appellate jurisdiction, coextensive with the limits of the state, in all criminal cases appealed from the district, superior and county courts, and such other courts of record as may be established by law."). This Court has the authority to determine when it has the power to proceed. Duvall v. State, 871 P.2d 1386, 1387-88; 20 O.S.2011, § 42 ("Said Court shall have power, upon affidavit or otherwise, to ascertain such matters of fact as may be necessary to the exercise of its jurisdiction."); 22 O.S.2011, § 1051 ("The procedure for the filing of an appeal in the Court of Criminal Appeals shall be as provided in the Rules of the Court of Criminal Appeals ... which will have the force of statute. ..."). It is the exclusive province of the Oklahoma Court of Criminal Appeals to construe state criminal statutes. State v. Tolle, 1997 OK CR 52, ¶ 5, 945 P.2d 503, 504. The Court of Criminal Appeals decisions are governed by the United States Constitution, the Constitution of the State of Oklahoma, duly enacted statutes, and controlling precedent concerning these authorities. See Carder, 1978 OK 130, ¶ 20, 595 P.2d at 420 ("There is no appeal or proceeding in error from the Court of Criminal Appeals to this Court."). The Court of Criminal Appeals is respectful of the Oklahoma Supreme Court's well-reasoned opinions, in all instances, but as the state appellate court with exclusive jurisdiction in criminal matters, the Court of Criminal Appeals must announce and apply principled rules to guide the state's citizens, trial courts, and criminal litigators as to criminal matters. State v. Young, 1999 OK CR 14, ¶ 17, 989 P.2d 949, 953.
T6 Appellants' litigation is intended to take advantage of our bifurcated system of justice. However, I note that the Justices of the Oklahoma Supreme Court work hand-in-hand with the Judges that serve on this Court. Over 85 years ago, Justice Simms writing for the Oklahoma Supreme Court noted the relationship between the two courts:
It speaks well of our bifurcated civil-criminal appellate system that there has not *760been a jurisdictional conflict between this Court and the Court of Criminal Appeals for more than fifty years. This scarcity of conflict is a testament to both the clarity of jurisdictional boundaries between the two Courts and the constant willingness of the members of each Court to observe and comply with their jurisdictional restrictions.
Carder, 1978 OK 130, ¶ 1, 595 P.2d at 417-18.
T7 Both the Court of Criminal Appeals and the Oklahoma Supreme Court have determined how issues like these should proceed. As a general rule, a civil order will neither interfere to prevent the enforcement of a valid criminal judgment of conviction nor restrain or relieve the execution of a valid criminal sentence. Maynard v. Layden, 1992 OK CR 31, ¶¶ 7-10, 830 P.2d 581, 583. In Maynard, this Court stated:
Brewer has the right to file a civil rights action and, if his complaints are valid, to obtain an injunction in such an action. However, the breadth of such an action, including the remedies available thereunder, is not unlimited and, as a general rule, cannot affect or apply to criminal actions, including the imposition of eriminal punishment. See Rogers v. Douglas [Douglass, 181 Okla. 32], 72 P.2d 823, 825 (Okla.1937) Such is true especially where the eriminal law provides a statutory remedy to prohibit the wrong or injury for which redress is sought by injunction. See Id.; Independent School District No. 9 of Tulsa County v. Glass, 639 P.2d 1233, 1237 (Okla.1982).
Id., 1992 OK CR 31, ¶ 7, 830 P.2d at 583. In Rogers, the Oklahoma Supreme Court held that a district judge was without jurisdiction to issue a temporary restraining order enjoining enforcement of a criminal statute that had not been shown to be invalid. Maynard, 1992 OK CR 31, ¶ 7 n. 1, 830 P.2d at 583 n. 1, citing Rogers v. Douglass, 1937 OK 569, 181 Okla. 32, 72 P.2d 823. Where there is a forum and a remedy for a capital defendant to prohibit the execution of a judgment of death, an injunction emanating from an alternative forum is not necessary to effectuate such relief and is an impermissible intrusion upon criminal proceedings. Maynard, 1992 OK CR 31, ¶ 8, 830 P.2d at 583.
T8 Appellants have a forum to challenge the validity of their convictions, sentences and the execution protocol. In no way, have Appellants been denied access to the courts. Excluding a timely direct appeal, any challenge to a sentence of death is governed by the Capital Post-Conviction Procedure Act, 22 O0.8.2011, § 1089. See 22 0.8.2011, § 1080. This Court has previously determined that the proper method to object to the setting of an execution date or request a stay of execution is to file an application for post-conviction relief with the Court of Criminal Appeals. Malicoat v. State, 2006 OK CR 25, 137 P.3d 1234; Torres v. State, 2002 OK CR 35, 58 P.3d 214; Valdes v. State, 2002 OK CR 20, 46 P.3d 703. This includes any challenge to the execution protocol. Id. The Rules of the Court of Criminal Appeals apply to all appeals and proceedings before the Oklahoma Court of Criminal Appeals. Rule 1.0(A), Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2014). Both § 1089 and Rule 9.7, Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2014), set forth the requirements for a properly filed application for post-conviction relief. Our rules and decisions permit discovery in capital post-convietion proceedings. Bland v. State, 1999 OK CR 45, ¶ 3, 991 P.2d 1039, 1040. The Court of Criminal Appeals has the authority to grant a stay of execution of a sentence of death pursuant to 22 O.S.2011, § 1001.1.
T9 However, Appellants have repeatedly refused to invoke the jurisdiction and power of the Court to act. It is a fundamental axiom of jurisprudence that a party must first file an action to have access to the court. Buis v. State, 1990 OK CR 28, ¶ 4, 792 P.2d 427, 429 (holding court may only exercise jurisdiction of justiciable matter through filing of pleadings sufficient to invoke power of the court to act). Despite repeated invitations from this Court for Appellants to file pleadings to invoke the jurisdiction of this Court, Appellants have failed to do so.
10 I have the utmost faith that if Appellants had a meritorious challenge to their convictions, sentences of death or the execution protocol, that the Oklahoma Indigent Defense System would ably represent them *761pursuant to § 1089(B). I note that in each of the Appellants' cases, the District Court appointed the Oklahoma Indigent Defense System to represent them in seeking post-conviction relief. Attorneys from the Oklahoma Indigent Defense System have previously appeared in each of the Appellants' post-convietion proceedings. Lockett v. State, unpub. dispo. PCD-2002-631, (Okl.Cr. October 22, 2002); Warner v. State, unpub. dispo. PCD-2003-897 (Okl.Cr. December 20, 2006). Those attorneys understand and follow the procedure the Oklahoma Legislature has established for the review of sentences involving the death penalty. The District Courts' orders appointing the Oklahoma Indigent Defense System remain valid. In light of Appellants' repeated refusals to file an action in this Court I am forced to conclude that Appellants' "civil" pleadings are nothing more than an attempt to cause a delay in their lawful execution. Since the jurisdiction of this Court has not been properly invoked, this Court cannot issue a stay of execution.