Oklahoma: litany of bills targeting state’s appellate courts clear Senate committee- end merit/commission selection, creation of mandatory retirement age that could clear appellate benches, supermajority retention elections

Earlier today the Oklahoma Senate Judiciary Committee approved a series of bills targeting the state’s appellate courts, this after the state’s Supreme Court (the court of last resort for civil matters) has ruled against the legislature in a variety of cases in recent years.

  • SJR 14 as introduced requires appellate judges up for retention elections receive at least a 60% “yes” vote to remain in office.
  • SJR 42 as introduced requires partisan elections for all appellate courts.
  • SJR 43 as introduced ends merit/commission selection for the state’s appellate courts. Instead, the governor would nominate an individual and submit his/her name to the Judicial Nominating Commission for a review as “qualified” or “not qualified”. The nominee would then be subject to Senate confirmation.
  • SJR 44 as introduced would keep the state’s merit/commission selection system but require the Judicial Nominating Commission send the Governor 5 names (currently 3) for consideration and allow the Governor to ask for another list, for a total of 10 names. Requires nominee be subject to Senate confirmation. Provides that if Senate fails to act within certain time frame(s) nominee is confirmed by default.
  • SB 213 as introduced provides of 9 members of Supreme Court, 5 to be selected from Congressional Districts and 4 statewide.
  • SB 699 as introduced requires all appellate judges retire when years of judicial service + age = 80. It appears this is retroactive, as prior efforts have been, meaning that many if not most members of the state’s appellate courts could be forced off the bench.
  • SB 700 as introduced removes all attorney-chosen members of the Judicial Nominating Commission. Provides attorney-members to be selected by legislative leaders.
  • SB 702 as introduced adjusts counties in each Supreme Court Judicial District.

All the bills have now been referred to the Senate Rules committee.