Judicial selection in Oklahoma

Judicial selection in Oklahoma
Oklahoma Supreme Court
Method:	Assisted appointment
Term:	6 years
Oklahoma Court of Criminal Appeals
Method:	Assisted appointment
Term:	6 years
Oklahoma Court of Civil Appeals
Method:	Assisted appointment
Term:	6 years
Oklahoma District Courts
Method:	Nonpartisan election
Term:	4 years

Judicial selection refers to the process used to select judges for courts. At the state level, methods of judicial selection vary substantially in the United States, and in some cases between different court types within a state. There are six primary types of judicial selection: partisan and nonpartisan elections, the Michigan method, assisted appointment, gubernatorial appointment, and legislative elections. To read more about how these selection methods are used across the country, click here.

This article covers how state court judges are selected in Oklahoma, including:

• Oklahoma Supreme Court,
• Oklahoma Court of Criminal Appeals,
• Oklahoma Court of Civil Appeals,
• Oklahoma District Courts, and
• Limited jurisdiction courts

As of April 2025, judges for all appellate courts in the state were selected through assisted appointment, where the governor selects a nominee from a list provided by a nominating commission. Judges of the Oklahoma District Courts were selected in nonpartisan elections.

Click here to notify us of changes to judicial selection methods in this state.

Oklahoma Supreme Court

See also: Oklahoma Supreme Court

The nine justices of the Oklahoma Supreme Court are selected through the assisted appointment method. Each justice is appointed by the governor from a list of three names compiled by the Oklahoma Judicial Nominating Commission.

The appointed justice serves an initial term of at least one year, after which they must stand for retention during the next general election. Subsequent terms last six years.

Qualifications

To serve on this court, a justice must be:

• at least 30 years old;
• a qualified voter in his or her respective district for at least one year; and
• licensed to practice for at least five years in the state (or have five years of service as a judge of a court of record).

Chief justice

The chief justice of the court is selected by peer vote, serving in that capacity for two years.

Vacancies

See also: How vacancies are filled in state supreme courts

If a justice retires before the end of his or her term, the vacancy is filled just as it normally would be, with the governor appointing a successor from a list of names provided by the nominating commission. If the appointment is not made within 60 days of the vacancy, the chief justice is responsible for selecting a replacement. The appointed justice then must stand for retention in the next general election after he or she has served one year on the bench to serve out the remainder of his or her predecessor's term.

The map below highlights how vacancies are filled in state supreme courts across the country.

Oklahoma Court of Criminal Appeals

See also: Oklahoma Court of Criminal Appeals

The five judges of the Oklahoma Court of Criminal Appeals are selected through the assisted appointment method. Each judge is appointed by the governor from a list of three names compiled by the Oklahoma Judicial Nominating Commission.

The appointed judge serves an initial term of at least one year, after which they must stand for retention during the next general election. Subsequent terms last six years.

Qualifications

To serve on the court, a judge must be:

• at least 30 years old;
• a qualified voter in his or her respective district for at least one year; and
• licensed to practice for at least five years (or have five years of service as a judge of a court of record).

Presiding judge

The presiding judge of the court is selected by peer vote, serving in that capacity for two years.

Vacancies

If a judge retires before the end of his or her term, the vacancy is filled just as it normally would be, with the governor appointing a successor from a list of names provided by the nominating commission. If the appointment is not made within 60 days of the vacancy, the chief justice is responsible for selecting a replacement. The appointed judge then must stand for retention in the next general election after he or she has served one year on the bench to serve out the remainder of his or her predecessor's term.

Oklahoma Court of Civil Appeals

See also: Oklahoma Court of Civil Appeals

The twelve judges of the Oklahoma Court of Civil Appeals are selected through the assisted appointment method. Each judge is appointed by the governor from a list of three names compiled by the Oklahoma Judicial Nominating Commission.

The appointed judge serves an initial term of at least one year, after which they must stand for retention during the next general election. Subsequent terms last six years.

Qualifications

To serve on this court, a judge must be:

• a qualified voter in his or her district for at least one year;
• licensed to practice for at least four years (or have four years of service as a judge of a court of record).

Presiding judge

The presiding judge of the court is selected by peer vote, serving in that capacity for one year.

Vacancies

If a judge retires before the end of his or her term, the vacancy is filled just as it normally would be, with the governor appointing a successor from a list of names provided by the nominating commission. If the appointment is not made within 60 days of the vacancy, the chief justice is responsible for selecting a replacement. The appointed judge then must stand for retention in the next general election after he or she has served one year on the bench to serve out the remainder of his or her predecessor's term.

Oklahoma District Courts

See also: Oklahoma District Courts

Judges of the Oklahoma District Courts are chosen in nonpartisan elections. They serve four-year terms, after which they must run for re-election if they wish to remain on the court.

Qualifications

To serve on this court, a judge must be:

• a qualified voter in his or her district; and
• licensed to practice for at least four years (or have four years of service as a judge of a court of record).

Presiding judge

The presiding judge of each district court is selected by peer vote.

Vacancies

If a judge retires before the end of his or her term, the vacancy is filled by the governor appointing a successor from a list of names provided by the nominating commission. The appointed judge then must stand for re-election in the next general election after he or she has served one year on the bench to serve out the remainder of his or her predecessor's term.

Limited jurisdiction courts

Oklahoma has three types of limited jurisdiction courts: Oklahoma Municipal Courts of Record, Oklahoma Municipal Courts Not of Record, and Oklahoma Workers' Compensation Court of Existing Claims.

Municipal Courts of Record

Judges of the Oklahoma Municipal Courts of Record are each appointed to two-year terms by the governing body of the municipality. As of April 2023, the only courts of record in the state were in Oklahoma City and Tulsa. To serve on this court, a judge must be licensed to practice law for two years or have two years of experience as a judge of a court of record.

Municipal Courts Not of Record

Judges of the Oklahoma Municipal Courts Not of Record are each appointed to two-year terms by the mayor with approval from the governing body of the municipality. To serve on this court, a judge must be licensed to practice law in the state and be a registered voter in the county of nomination.

Workers' Compensation Court of Existing Claims

Judges of the Oklahoma Workers' Compensation Court of Existing Claims are each appointed to six-year terms by the governor with the advice and consent of the state Senate. Appointments are made from a list of nominees from the judicial nominating commission. To serve on this court, a judge must have a law degree.

History

Below is a timeline noting changes to judicial selection methods in Oklahoma.

• 2010: By voter approval, changes were made to the judicial nominating commission:
  • The president pro tempore of the state Senate and the speaker of the state House were each allowed to select one non-attorney member of the commission.
  • Non-lawyer commissioners may not have attorney family members.
• 1987: Established that the court of civil appeals judges, formerly chosen in nonpartisan elections, were to be chosen by the assisted appointment method.
• 1968: The Oklahoma Court of Civil Appeals was established, with judges chosen in nonpartisan elections to serve six-year terms.
• 1967: In response to a bribery case involving three supreme court justices, two new constitutional amendments were approved by voters:
  • District court judge elections were changed from partisan to nonpartisan, with interim vacancies filled by merit selection.
  • Supreme and appellate court judges began using merit selection.
• 1909: The Oklahoma Court of Criminal Appeals was created, with judges elected to six-year terms. Initially named the Criminal Court of Appeals, its name was changed in 1959.

• 1907: Under the state's original constitution, Oklahoma Supreme Court justices were elected to six-year terms and Oklahoma District Court judges to four-year terms.

Courts in Oklahoma

In Oklahoma, there are three federal district courts, a state supreme court, court of criminal appeals, court of civil appeals, and trial courts with both general and limited jurisdiction. These courts serve different purposes, which are outlined in the sections below.

Click a link for information about that court type.

• Federal courts
• State supreme court
• State court of appeals
• Trial courts

The image below depicts the flow of cases through Oklahoma's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.

The structure of Oklahoma's state court system.

Selection of federal judges

United States district court judges, who are selected from each state, go through a different selection process from that of state judges.

The district courts are served by Article III federal judges, who are appointed for life during good behavior. They are usually first recommended by senators (or members of the House, occasionally). The President of the United States nominates judges, who must then be confirmed by the United States Senate in accordance with Article III of the United States Constitution.

In other states

Each state has a unique set of guidelines governing how they select judges at the state and local level. These methods of selection are:

Election

• Partisan election: Judges are elected by the people, and candidates are listed on the ballot alongside a label designating political party affiliation.
• Nonpartisan election: Judges are elected by the people, and candidates are listed on the ballot without a label designating party affiliation.
• Michigan method: State supreme court justices are selected through nonpartisan elections preceded by either partisan primaries or conventions.
• Retention election: A periodic process whereby voters are asked whether an incumbent judge should remain in office for another term. Judges are not selected for initial terms in office using this election method.

Assisted appointment

• Assisted appointment, also known as merit selection or the Missouri Plan: A nominating commission reviews the qualifications of judicial candidates and submits a list of names to the governor, who appoints a judge from the list. At the state supreme court level, this method is further divided into the following three types:
  • Bar-controlled commission: Members of the state Bar Association are responsible for electing a majority of the judicial nominating commission that sends the governor a list of nominees that they must choose from.
  • Governor-controlled commission: The governor is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees they must choose from.
  • Hybrid commission: The judicial nominating commission has no majority of members chosen by either the governor or the state bar association. These commissions determine membership in a variety of ways, but no institution or organization has a clear majority control.

Direct appointment

• Court appointment: Judges are selected by judges in the state judiciary.
• Gubernatorial appointment: Judges are appointed by the governor. In some cases, approval from the legislative body is required.
• Legislative election: Judges are selected by the state legislature.
• Municipal government selection: Judges are selected by the governing body of their municipality.

Click a state on the map below to explore judicial selection processes in that state.

Choose your state...AlabamaAlaskaArizonaArkansasCaliforniaColoradoConnecticutDelawareFloridaGeorgiaHawaiiIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaOhioOklahomaOregonPennsylvaniaRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahVermontVirginiaWashingtonWashington, D.C.West VirginiaWisconsinWyoming

http://ballotpedia.org/Judicial_selection_in_STATE

See also

State courts	Appointment methods	Election methods
State supreme courts Intermediate appellate courts Trial courts	Assisted appointment Court appointment Gubernatorial appointment Legislative election Municipal government selection	Partisan election Nonpartisan election Michigan method

External links

• Oklahoma State Courts Network

Footnotes

Oklahoma courts

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Federal courts:

Tenth Circuit Court of Appeals • U.S. District Court: Eastern District of Oklahoma, Northern District of Oklahoma, Western District of Oklahoma • U.S. Bankruptcy Court: Eastern District of Oklahoma, Northern District of Oklahoma, Western District of Oklahoma

State courts:

Oklahoma Supreme Court • Oklahoma Court of Criminal Appeals • Oklahoma Court of Civil Appeals • Oklahoma District Courts • Oklahoma Workers' Compensation Court of Existing Claims

State resources:

Courts in Oklahoma • Oklahoma judicial elections • Judicial selection in Oklahoma