House measures would update the way state judges are selected

OKLAHOMA CITY — The Oklahoma House passed two measures last week that would reform the way judges are vetted and selected in Oklahoma, and the measures now head for the House.

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 Judicial Nominating Commission (JNC). The commission was established in 1967 by a constitutional amendment and is charged with nominating the three most qualified candidates for appointment by the governor to fill vacancies on the Oklahoma Supreme Court, Court of Criminal Appeals and the Court of Civil Appeals. They also nominate district and associate district judgeships when vacancies occur outside the normal election process.

Currently, six of the 15 JNC members are attorneys and nine are non-attorneys.

If approved by voters, the state 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, but would limit commissioners from serving more than 12 years.

In addition, House Bill 2103 would 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. It also establishes penalties for violation and disclosure requirements, including the amount of contributions made to the judicial campaign of any applicant.