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Oklahoma Senate Confirmation of Judicial Appointments Amendment (2018)
| Oklahoma Senate Confirmation of Judicial Appointments Amendment | |
|---|---|
 | |
| Election date November 6, 2018 | |
| Topic State judiciary | |
| Status Not on the ballot | |
| Type Constitutional amendment | Origin State legislature |
The Oklahoma Senate Confirmation of Judicial Appointments Amendment was not on the ballot in Oklahoma as a legislatively referred constitutional amendment on November 6, 2018.
The measure would have made three changes to the state judicial nomination process.[1]
First, the Judicial Nominating Commission would have been required to select five, rather than three, candidates to fill a vacant judicial seat. The five candidates would have been forwarded to the governor, who would have selected one candidate or requested five more nominees.
Second, the state Senate would have been required to confirm or reject the governor's selected nominee within 60 days following the nomination. If the nomination was made while the Senate was not in session, the Senate would have had 60 days from the beginning of the next regular legislative or special legislative session.
Third, the amendment would have disempowered the chief justice of the state Supreme Court from appointing a nominee if the governor failed to appoint one within 60 days.
Text of measure
Gist of the proposition
The gist of the proposition was as follows:[1]
| “ | This measure would amend the Oklahoma Constitution. It would amend Section 4 of Article 7-B. This section provides for filling vacancies for judges. The Judicial Nominating Commission will give names of possible nominees to the Governor. The Governor will pick the new judge. The appointment will require confirmation by the Senate within specific deadlines. The Governor may call the Senate into special session no more than once per quarter.[2] | ” |
Constitutional changes
- See also: Article VII-B, Oklahoma Constitution
The proposed amendment would have amended Section 4 of Article VII-B of the Oklahoma Constitution. The following underlined text would have been added, and struck-through text would have been deleted:[1]
Note: Hover over the text and scroll to see the full text.
Vacancy in Judicial Office - Filling
When a vacancy in any Judicial Office, however arising, occurs or is certain to occur, the Judicial Nominating Commission shall choose and submit to the Governor and the Chief Justice of the Supreme Court three (3) five (5) nominees, each of whom has previously notified the Commission in writing that he or she will serve as a Judicial Officer if appointed. The Governor shall either appoint one (1) of the nominees to fill the vacancy, but if he fails to do so within sixty (60) days the Chief Justice of the Supreme Court shall appoint one (1) of the nominees or request five (5) more nominees from the Judicial Nominating Commission. When the Governor appoints a nominee, the appointment to be certified by the Secretary of State and to be confirmed by the Senate. If the Legislature is in session when an appointment is made, the Senate shall have sixty (60) days from the date of appointment to confirm or reject the appointee. If the Legislature is not in session when an appointment is made, the Governor may either call the Legislature into special session no more than once per quarter for the Senate to advise and consent on any such appointments, or the Senate shall have sixty (60) days from convening on the first Monday in February of each year pursuant to Section 26 of Article V of the Oklahoma Constitution to confirm or reject any interim appointees. Inaction on an appointee by the Senate within the specified time periods shall constitute confirmation of such appointee.[2]
Path to the ballot
- See also: Amending the Oklahoma Constitution
In Oklahoma, a constitutional amendment must be passed by a simple majority vote in each house of the state legislature during one legislative session.
The amendment was introduced on January 20, 2017, as Senate Joint Resolution 44. On March 21, 2017, the Oklahoma Senate voted 38 to 7 with three senators excused to approve the amendment. The amendment did not receive a floor vote in the Oklahoma House of Representatives.[1]
Senate vote
March 21, 2017[1]
| Oklahoma SJR 44 Senate Vote | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
 Yes | 38 | 84.44% | ||
| No | 7 | 15.56% | ||
See also
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 Oklahoma Legislature, "Senate Joint Resolution 44," accessed March 23, 2017
- ↑ 2.0 2.1 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
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