Senate passes bill seeking to overhaul Oklahoma’s judicial selection process

OKLAHOMA CITY – The Oklahoma Senate on Tuesday passed a measure that would let voters decide to alter how appellate judges are selected.

Senate Joint Resolution 34, by Sen. Julie Daniels, R-Bartlesville, passed by a vote of 32-14 and heads to the House.

If approved by voters, the measure would let the governor select appellate judges subject to Senate confirmation. It would amend the Oklahoma Constitution.

Currently, the Judicial Nominating Commission (JNC) screens applicants and sends three names to the governor to choose from.

If approved by voters, the measure would abolish the Judicial Nominating Commission from the selection process for appellate court judges. 

The JNC was approved by voters following an Oklahoma Supreme Court bribery scandal in the 1960s. Before 1967, judges to the state’s high courts ran for office and raised money for their campaigns.

Currently, the Senate does not have the power to confirm appointments to the bench.

The change would make the state system reflect the federal system.

“It is time to let the people of Oklahoma decide if they want to change the system,” Daniels said.   

The idea has been introduced several times but never secured full approval.

Daniels said the appellate bench would better reflect the people of Oklahoma if the governor were able to appoint members to the bench without going through the Judicial Nominating Commission.

Senate Minority Leader Kay Floyd, D-Oklahoma City, said under the measure the judicial branch, which is supposed to be independent, would be put under control of the executive and legislative branches.

Members of both branches have complained loudly when the state’s high court rules a bill unconstitutional.

“The legislative and executive branches want control of the judiciary,” Floyd said.

Sen. Michael Brooks, D-Oklahoma City, said there was nothing to prevent an appointment based on political or financial reasons.