Measure would ask voters to alter selection process of Oklahoma appellate judges
Senate President Pro Tem Lonnie Paxton, R-Tuttle, attends a news conference in the Senate Lounge at the state Capitol on Feb. 13, 2025. (Photo by Emma Murphy/Oklahoma Voice)
OKLAHOMA CITY – A Senate panel on Wednesday passed a measure to ask voters to dramatically alter how appellate court judges are selected, despite concerns it would politicize the process.
Senate Joint Resolution 6 is a constitutional amendment that asks voters to abolish the Judicial Nominating Commission.
The Judicial Nominating Commission currently vets judicial candidates and sends three names to the governor for consideration.
Under the Senate measure, the governor would appoint members of the Oklahoma Supreme Court, Court of Criminal Appeals and Court of Civil Appeals, subject to Senate confirmation.
At the next general election before his or her term expires, the judge can seek to be placed on the retention ballot to let voters decide if the judge shall be retained.
Sen. Brian Guthrie, R-Bixby, presented the measure for Senate President Pro Tem Lonnie Paxton, R-Tuttle, the author.
Guthrie said the measure would bring more transparency to the process.
'It's time to shift toward a process where elected officials, who are accountable to the voters, are directly involved in the selection of judges,' Paxton said. 'With the Senate's role in confirming judges, Oklahomans will have a better understanding of who is being appointed and how decisions are made.'
Sen. Carri Hicks, D-Oklahoma City, questioned whether it would insert politics into the process of judicial selection.
She asked how the measure would promote public trust in the judiciary when judges are seen as political appointees rather than impartial arbiters of justice.
'I don't think you have proven your case that the system we have in Oklahoma is not working,' said Sen. Mary Boren, D-Norman. The action comes after voters, for the first time in history, declined to retain an Oklahoma Supreme Court Justice, Yvonne Kauger.
Kauger was among three Oklahoma Supreme Court justices targeted by dark money groups for removal. The two other justices were narrowly retained.
Lawmakers for years have attempted to alter the selection process for judges.
Voters approved a constitutional amendment in 1967 to create the JNC following a bribery scandal. Prior to the JNC, appellate court judges ran as politicians and accepted campaign donations.
The Oklahoma Supreme Court has tossed out dozens of laws it found to be unconstitutional, prompting some lawmakers to suggest the justices were legislating from the bench.
Senate Joint Resolution 6 passed the Senate Rules Committee by a vote of 16-3 and is available for Senate consideration.
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