Oklahoma Judicial Selection Process Amendment (2022)
| Oklahoma Judicial Selection Process Amendment | |
|---|---|
 | |
| Election date November 8, 2022 | |
| Topic State judiciary | |
| Status Not on the ballot | |
| Type Constitutional amendment | Origin State legislature |
The Oklahoma Judicial Selection Process Amendment was not on the ballot in Oklahoma as a legislatively referred constitutional amendment on November 8, 2022.
Overview
What would the amendment have changed about the judicial selection process in Oklahoma?
- See also: Text of measure
This amendment would have repealed the Judicial Nominating Commission, a 15-member commission that provides a list of judges from which the governor chooses to appoint. The amendment would have provided for a new judicial selection process in Oklahoma modeled after the United States Federal Court System. Under the proposed judicial selection process, the governor would have appointed judges (including chief judges) to the Oklahoma Supreme Court, the Oklahoma Court of Criminal Appeals, and the Oklahoma Court of Civil Appeals, subject to confirmation from the Oklahoma State Senate.[1]
The judges would have stood for retention elections every six years by filing with the secretary of state at least 60 days before the general election preceding the expiration of their term. Voters would have decided whether or not to retain the judges by voting yes or no on the question, "Shall (Here insert name of Justice or Judge and party affiliation) of (Here insert the title of the court) be retained in Office?" If a judge chose not to stand for retention or a majority of voters voted against the judge's retention, the position would have been vacant and a new judge would have been appointed. [1]
Judges presently serving would have served until their terms expire. As judges' terms expired, their positions would have been filled via appointment by the governor and senate confirmation.[1]
As of 2022, five states used the gubernatorial appointment method for judicial selection: California, Maine, Massachusetts, New Jersey, and New Hampshire.
What was the process for judicial selection in Oklahoma as of 2022?
- See also: Judicial selection in Oklahoma
As of 2022, the state used an assisted appointment method of judicial selection in which appellate court judges are appointed by the governor from a list created by the Oklahoma Judicial Nominating Commission and serve an initial term of one year. If voters opt to retain appointees during the next general election after they have served one year on the bench, the justice will go on to serve a full six-year term. The chief justices of the courts are selected by peer vote, serving in that capacity for two years.[2][2][3]
As of 2022, 11 states used this type of commission for judicial selection.
Text of measure
Ballot title
The ballot title was as follows:[1]
| “ | This measure would amend the Oklahoma Constitution. It would repeal Article 7 and Article 7-B which created the Judicial Department and directed the selection of justices and judges. The measure would enact a new Article 7-C to establish a new court structure modeled on that of the United States Constitution. The Governor will pick new appellate judges, subject to confirmation by the Senate. Appellate judges will stand for retention elections every six years. Trial court judges will be elected in the same manner as other county officers.
SHALL THE PROPOSAL BE APPROVED? FOR THE PROPOSAL — YES AGAINST THE PROPOSAL — NO [4] |
” |
Constitutional changes
- See also: Oklahoma Constitution
The measure would have repealed Article 7-A and Article 7-B of the Oklahoma Constitution and would have created a new Article 7-C. Article 7-C would have contained the following underlined text:[1] Note: Hover over the text and scroll to see the full text.
Section 1. The judicial power of this state shall be vested in the Senate, sitting as a Court of Impeachment, a Supreme Court, a Court on the Judiciary, a Court of Criminal Appeals, and such inferior courts as the Legislature may from time to time ordain and establish. The Judges of the Supreme Court, the Court of Criminal Appeals, and inferior courts, shall hold their offices during good behavior and for terms of office as specified in this article or by statute, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.
Section 2. The Supreme Court shall consist of a Chief Justice and eight Associate Justices, until such number is changed by statute. Each Justice shall be from a separate district of the state, and judicial districts shall remain as presently constituted until otherwise provided by statute. Five members of the court shall constitute a quorum. The Court on the Judiciary shall consist as provided in Article VII-A. The Court of Criminal Appeals shall consist of a Chief Judge and four associate judges, until such number is changed by statute. Three members of the court shall constitute a quorum. The judges of all other inferior courts including courts of general jurisdiction shall consist as established by statute.
Section 3. The judicial power shall extend to all cases, in law and equity, arising under this Constitution or the laws of Oklahoma. The Supreme Court shall exercise appellate jurisdiction in the last resort in all cases or controversies, except criminal cases and controversies. The Supreme Court’s appellate jurisdiction shall be discretionary, and so long as an inferior intermediate court of appeals exists, the Supreme Court shall not exercise appellate jurisdiction of first review. The Court of Criminal Appeals shall exercise appellate jurisdiction in the last resort over appeals in all criminal cases or controversies. The Supreme Court shall make rules governing the administration of all courts in the state and, subject to the law, the practice and procedure in all such courts. The Supreme Court shall have jurisdiction over admission to the practice of law in Oklahoma courts and the discipline of persons admitted, when necessary to address acts or omissions committed in the context of a case or controversy before the Oklahoma courts. Such jurisdiction shall not extend to the discipline of attorneys for acts or omissions not occurring in the context of a case or controversy before the Oklahoma courts. Jurisdiction over admission to the practice of law by individuals not appearing in Oklahoma courts is vested exclusively in the Legislature.
Section 4. The Governor shall nominate and appoint, with the advice and consent of the Senate, the Chief Justice and Associate Justices of the Supreme Court, the Chief Judge and Associate Judges of the Court of Criminal Appeals, and the judges of all intermediate appellate courts. The judges of courts of general jurisdiction shall be elected in the same manner as county officers, until changed by statute. Upon the effective date of this article, judges and justices of existing courts shall retain their offices for the remainder of their term without nomination by the Governor or confirmation by the Senate. Upon expiration of their terms, judges and justices of existing courts shall be replaced according to the provisions of this article.
Section 5. The terms of office of the Chief Justice and Associate Justices of the Supreme Court, the Chief Judge and Associate Judges of the Court of Criminal Appeals, and the judges of all intermediate appellate courts shall be six (6) years and shall commence on the second Monday of January following their election or appointment. At the general election next before his or her term expires, any aforementioned judge or justice may seek retention in office by filing with the Secretary of State, not less than sixty (60) days before the date of such election, a declaration of candidacy to succeed himself or herself. Thereupon, at such election, there shall be submitted to the qualified electors of the state, on a separate ballot, this question:
“Shall (Here insert name of Justice or Judge and party affiliation) of (Here insert the title of the court) be retained in Office?"
____ YES
____ NO
The question shall be decided by a majority of those voting thereon. If the decision is “yes” the Judicial Officer shall be retained in office for the next ensuing six-year term. If the decision is “no”, or if no declaration of candidacy is filed, the office shall be vacant upon expiration of the term then being served, and the former judge or justice shall not be eligible for appointment to succeed himself or herself. Retention in office may be sought for successive terms without limit as to number, except the Legislature may, by statute, enact term limits.
Those appointed or elected to fill vacancies shall assume office immediately upon qualifying for the office. Each justice, at the time of his or her election or appointment, shall have attained the age of thirty years, shall have been a qualified elector in Oklahoma for at least one year immediately prior to the date of filing or appointment, and shall have been a practicing attorney or judge of a court of record, or both, in Oklahoma for five years preceding his or her election or appointment.
Section 6. Except with reference to the Senate sitting as a Court of Impeachment and the Court on the Judiciary, general administrative authority over all courts in this State, including the temporary assignment of any judge to a court other than that for which he or she was elected or appointed, is hereby vested in the Supreme Court and shall be exercised by the Chief Justice in accordance with its rules. Provided, however, that the process for special or temporary assignments on the Supreme Court shall be determined by statute.
Section 7. All matters related to the Judicial Department but not addressed in this article may be determined by statute, and the Legislature may enact statutes, as necessary, to carry the provisions of this article into effect.
Section 8. This article shall become effective on January 1, 2023. [4]
Background
Judicial selection in Oklahoma
- See also: Judicial selection in Oklahoma
Judicial selection refers to the process used to select judges for courts. At the state level, methods of judicial selection vary, and in some cases, may vary 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.
As of 2022, judges for all appellate courts in Oklahoma were selected through assisted appointment, where the governor selects a nominee from a list provided by the Oklahoma Judicial Nominating Commission. Judges of the Oklahoma District Courts were selected in nonpartisan elections every four years.[2]
Oklahoma Judicial Nominating Commission
- See also: Oklahoma Judicial Nominating Commission
The Oklahoma Judicial Nominating Commission is a state commission in Oklahoma established by the State Question 447 in July 1967 that plays a role in the state's judicial selection process. The commission was altered to include two at-large members through voter approval of State Question 752 in 2010.
The commission has 15 members, selected by the governor, the Oklahoma Bar Association, and state legislative leaders. Nine of the members are non-lawyers. Of those, six are appointed by the governor, one from each congressional district, to serve staggered six-year terms. No more than three of these appointments can be members of the same political party. Three additional non-lawyer members are appointed to two-year terms. One is appointed by the President Pro Tempore of the Oklahoma State Senate, one by the Speaker of the Oklahoma House of Representatives, and the final member by the other 14 members of the commission. The other six members of the commission are lawyers. One each is selected from each of the state's congressional districts by the members of the Bar association of each district. These members serve staggered six-year terms. Sitting commissioners may not hold any other public office or position within a political party, they are not eligible while serving, or for five years after, to be nominated as a judge, and they may not succeed themselves.[5][6][5]
The commission is a hybrid commission, which means that there is no majority of members chosen by either the governor or the state Bar association. As of September 7, 2025, 11 states used this type of commission. To learn more about controlling majorities in judicial selection commissions, click here.
To see members of the Oklahoma Judicial Nominating Commission, click here.
Methods of judicial selection for state supreme courts
The map below highlights selection methods in state supreme courts across the country.
Gubernatorial appointment of judges
- See also: Gubernatorial appointment of judges
The gubernatorial appointment method of judicial selection is a process by which the governor appoints state judges directly without having to select from a list of names provided by a selection committee. As of June 2021, all states using this method required a legislative or other government body to confirm the appointments. This selection method is the most similar used for state supreme court judges to the one used at the federal level for Article III judges, who are appointed by the president and confirmed by the U.S. Senate.
As of 2022, five states used this method at the state supreme court level and two states used this selection method for at least one type of court below the supreme court level.
History of changes to the judicial selection process in Oklahoma
- See also: Oklahoma judicial selection history
Below is a timeline noting changes to judicial selection methods in Oklahoma.[7]
- 2010: By voter approval of a legislatively referred constitutional amendment, 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, are 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: Two 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.
Path to the ballot
- See also: Amending the Oklahoma Constitution
To put a legislatively referred constitutional amendment before voters, a simple majority vote is required in both the Oklahoma State Senate and the Oklahoma House of Representatives.
This amendment was introduced as Senate Joint Resolution 43 on February 7, 2022. On March 22, 2022, the Senate passed the measure in a vote of 38-10. All of the nine Democratic Senators voted against the measure. Of the 39 Republican Senators, 38 voted in favor and one voted against. The House passed an amended version of the measure in a vote of 62-24 with 14 members excused or otherwise not voting. Of the 18 House Democrats, 14 voted against and 4 were excused from voting. Among the 82 House Republicans, 62 voted in favor, 10 voted against, and 10 were excused or did not vote. As the measure was amended, the resolution returned to the Senate. The Senate rejected the House's amendments and a conference committee was requested.[1]
The measure was not passed by both houses in the conference committee before the legislature adjourned the 2022 legislative session on May 27, 2022.[8]
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See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 1.5 Oklahoma State Legislature, "Senate Joint Resolution 43," accessed March 23, 2022
- ↑ 2.0 2.1 2.2 National Center for State Courts, "Methods of Judicial Selection: Oklahoma," accessed September 22, 2021
- ↑ Justia, "Section VII-B-5," accessed September 22, 2021
- ↑ 4.0 4.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ 5.0 5.1 Oklahoma State Courts Network, "RULES OF THE OKLAHOMA JUDICIAL NOMINATING COMMISSION," accessed November 17, 2021
- ↑ Oklahoma State Courts Network, "Commission Members," accessed November 17, 2021
- ↑ American Judicature Society, "History of Reform Efforts: Oklahoma," accessed September 22, 2021
- ↑ Oklahoma Senate, "Calendar," accessed May 28, 2022
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