Judicial Nominating Commission Reform Measures Pass House
OKLAHOMA CITY – The House passed two measures this week that would reform the way judges are vetted and selected in Oklahoma. The state's Judicial Nominating Commission (JNC), established in 1967 by an amendment to the state Constitution, is charged with nominating the three most qualified candidates for appointment by the governor to fill vacancies on the Supreme Court, the Court of Criminal Appeals, and the Court of Civil Appeals, as well as district and associate district judgeships when vacancies occur outside the normal election process for those positions. Currently, six of the 15 members of the commission are attorneys and nine are non-lawyers. "A majority of Oklahomans are ready to modernize how state judicial applicants are vetted and appointed," said Speaker Pro Tem Anthony Moore, R-Clinton, who is the author of the bills. "The judiciary provides a vital check and balance function as laws are created, and it is important the system remains above reproach and is managed by those who know the law best. These two measures would update the nominating process in a way that would benefit the public while preserving the integrity of this system." House Speaker Kyle Hilbert, R-Bristow, added, "These changes have been a long work in progress as we've listened to and considered the concerns of all Oklahomans. Our ultimate goal is for those who are most familiar with the law to promote judicial candidates that have demonstrated a strong record of competence, a commitment to administer justice based on existing law, and who have exhibited the highest moral character. These bills would allow us to make some much-needed changes to this long-established process." House Joint Resolution 1024 would send to a vote of the people a state question asking whether to amend the Oklahoma Constitution to make changes to the structure and terms of the members serving on the JNC. If approved, the question would establish that at least one member of the JNC be from each of the state's five congressional districts at the time of their appointment. If the state were to get another congressional seat, a change to the composition of the commission would be automatic. The six JNC members appointed by the governor and the six members of the Bar Association would serve six-year terms. The change would remove restrictions allowing the three at-large members to either be an attorney or have a familial relationship with an attorney. It would remove the prohibition on political appointments, allowing all appointments to be from one political party, if desired. It also would allow those appointed by House and Senate leaders to succeed themselves beyond their initial two-year terms. A yes vote would limit commissioners from serving more than 12 years. House Bill 2103 seeks to modernize the statutory portion of the JNC. It would prohibit any JNC member from participating in the decision-making process if the member is related to a nominee to the third degree either through ancestry or by marriage. The measure establishes penalties for violation and disclosure requirements, including the amount of any contributions made to the judicial campaign of any applicant. Both measures now move to the Senate where they are authored by Todd Gollihare, R-Kellyville.