Merit selection has been the focus of an exceptionally large number of bills this legislative year, and a even more surprising number have advanced in their respective chambers in the last seven days. The scope of the bills range from tweaks, to modifications, to outright abandonment of merit selection.
Iowa’s HB 242, requires the state’s governor appoint at least one district judicial nominating commission member from each county unless there are fewer counties than commissioners. Given that the commissions are five member panels, and only Judicial District 7 is a 5-county district, this has the effect of prohibiting any district nominating commission from having more that two members from the same county. It was approved on March 7, having bypassed any committee hearings, on a 98-0 vote.
Arizona SCR 1040 substantially rewrites, but does not end, the state’s merit selection system:
- Increases to 400,000 the population requirement for a county to have merit selection for judges (currently 250,000).
- Increases supreme court and superior court terms to 8 years.
- Strips state bar’s power to fill certain vacancies on judicial nominating commissions. Requires instead state bar submit 3 names for each state-bar vacancy on commission for governor’s approval and that a majority of the 3 must be the same political party as governor.
- Requires attorney-members of commissions have been member of bar at least five years.
- Removes requirement that governor’s appointments to commission be confirmed by senate.
- Provides of 13 members of appellate commission, none may be currently serving as a judge, not more than two of the members may be attorneys, not more than one member may be a retired judge, not more than nine members may be members of the same political party, and not more than six members may be residents of the same county.
- Provides supreme court *must* adopt any rules that the commissions vote for themselves, so long as they are lawful.
- Expands number of names to be submitted to governor for a vacancy from 3 to 6. If fewer than 6 people apply, all eligible names must be submitted
- Subjects all those selected by governor to senate confirmation.
- Ends retention elections. Provides that at end of term governor may reappoint and senate may reconfirm judge.
SCR 1040 was approved March 8 by the Senate on 19-11 vote.
Oklahoma SB 621 requires any appointment or reappointment by the Governor to fill a Judicial Office be confirmed by a majority of the Senate. SB 621 was approved March 8 by the Senate on 30-14 vote.
End Merit Selection
Oklahoma SJR 36 repeals Section 3 of Article VII-B of the Oklahoma Constitution establishing the Judicial Nominating Commission. IT amends Section 4 of Article VII-B dealing with the Judicial Nominating Commission and replaces with provisions allowing the governor, upon a judicial vacancy, to chose anyone subject to Senate confirmation. If the Senate is not in session when an appointment is made, the Governor may call the Senate into special session no more than once per quarter to advise and consent on any such appointments.
SJR 36 was approved earlier this evening (March 9) on a 32-15 vote.