1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE JOINT
3 RESOLUTION 34 By: Daniels
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6 AS INTRODUCED
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7 A Joint Resolution directing the Secretary of State
7 to refer to the people for their approval or
8 rejection the repeal of Section 3 of Article VII-B,
8 which relates to the Judicial Nominating Commission,
9 and the proposed amendment to Sections 1, 2, and 4 of
9 Article VII-B of the Oklahoma Constitution; modifying
10 applicability of certain provisions; modifying
10 definition; adding requirement for holding certain
11 office; prohibiting decrease of certain compensation;
11 modifying certain appointment procedure; requiring
12 Senate confirmation of certain judicial appointments;
12 providing ballot title; and directing filing.
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15 BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE
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16 2ND SESSION OF THE 59TH OKLAHOMA LEGISLATURE:
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17 SECTION 1. The Secretary of State shall refer to the people for
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18 their approval or rejection, as and in the manner provided by law,
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19 the repeal of Section 3 of Article VII-B and the following proposed
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20 amendment to Sections 1, 2, and 4 of Article VII-B of the Oklahoma
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21 Constitution to read as follows:
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22 Section 1. (a) The A. After November 5, 2024, the provisions
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23 of this Article shall govern the selection and tenure of all
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24 Justices of the Supreme Court and Judges of the Court of Criminal
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 1 Appeals and the Court of Civil Appeals of the State of Oklahoma, to
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2 which the provisions hereof may be extended as hereinafter provided,
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3 other provisions of the Constitution or statutes of the State of
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4 Oklahoma to the contrary notwithstanding, and the provisions of
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5 Article VII as proposed by House Joint Resolution No. 508 of the
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6 First Session of the Thirty-first Oklahoma Legislature to the
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7 contrary notwithstanding.
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8 (b) B. As used in this Section Article, “Judicial Office” means
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9 the offices of Justice of the Supreme Court and Judges of the Court
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10 of Criminal Appeals and Court of Civil Appeals and “Judicial
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11 Officer” means a Justice or Judge of each such court, excluding
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12 retired or supernumerary Justices or Judges.
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13 Section 2. A. At the general election next before his or her
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14 term expires, any Judicial Officer may seek retention in office by
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15 filing with the Secretary of State, not less than sixty (60) days
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16 before the date of such election, a declaration of candidacy to
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17 succeed himself. Thereupon, at such election, there shall be
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18 submitted to the qualified electors of the State, on a separate
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19 ballot, without party designation, this question:
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20 “Shall (Here insert name of Justice or Judge) of (Here
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21 insert the title of the court) be retained in Office?”
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22 □ YES
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23 □ NO
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 1 The question shall be decided by a majority of those voting
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2 thereon. If the decision is “yes” the Judicial Officer shall be
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3 retained in office for the next ensuing six (6) year term. If the
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4 decision is “no”, or if no declaration of candidacy is filed, the
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5 office shall be vacant upon expiration of the term then being
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6 served, and the former Judicial Officer shall not be eligible for
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7 appointment to succeed himself. Retention in office may be sought
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8 for successive terms without limit as to number, except for
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9 retirement as may be provided by the Legislature for a maximum
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10 retirement age.
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11 B. Subject to paragraph c of Section 11 of Article VII of the
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12 Oklahoma Constitution, Judicial Officers appointed or retained
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13 pursuant to this Article, after November 5, 2024, shall hold their
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14 offices during good behavior, and shall, at stated times, receive
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15 for their services, a compensation, which shall not be diminished
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16 during their continuance in office.
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17 Section 4. When a vacancy in any Judicial Office, however
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18 arising, occurs or is certain to occur, the Judicial Nominating
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19 Commission shall choose and submit to the Governor and the Chief
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20 Justice of the Supreme Court three (3) nominees, each of whom has
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21 previously notified the Commission in writing that he will serve as
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22 a Judicial Officer if appointed. The the Governor shall appoint one
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23 (1) of the nominees to fill the vacancy, but if he fails to do so
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24 within sixty (60) days the Chief Justice of the Supreme Court shall
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 1 appoint one (1) of the nominees, the appointment to be certified by
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2 the Secretary of State nominate and, with the advice and consent of
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3 the Senate, shall appoint all Judicial Officers. If the Senate is
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4 not in session when a nomination is made, the Governor may call the
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5 Senate into special session to advise and consent on any such
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6 nomination.
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7 SECTION 2. The Ballot Title for the proposed Constitutional
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8 amendment as set forth in SECTION 1 of this resolution shall be in
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9 the following form:
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10 BALLOT TITLE
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11 Legislative Referendum No. ____ State Question No. ____
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12 THE GIST OF THE PROPOSITION IS AS FOLLOWS:
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13 This measure would amend Article 7-B of the Oklahoma
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14 Constitution. The measure would amend Sections 1, 2, and 4 of
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15 Article 7-B to establish a new process for appointing Supreme
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16 Court justices and judges of the Court of Criminal Appeals and
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17 Court of Civil Appeals to reflect on the process established by
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18 the United States Constitution. The Governor will nominate new
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19 appellate justices and judges, subject to confirmation by the
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20 Senate. Appellate justices and judges appointed or retained
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21 after November 5, 2024, will serve during good behavior. The
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22 measure would repeal Section 3 of Article 7-B which established
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23 the Judicial Nominating Commission.
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24 SHALL THE PROPOSAL BE APPROVED?
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 1 FOR THE PROPOSAL — YES _____________
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2 AGAINST THE PROPOSAL — NO _____________
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3 SECTION 3. The President Pro Tempore of the Senate shall,
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4 immediately after the passage of this resolution, prepare and file
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5 one copy thereof, including the Ballot Title set forth in SECTION 2
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6 hereof, with the Secretary of State and one copy with the Attorney
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7 General.
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9 59-2-2997 TEK 1/18/2024 3:22:44 PM
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