Oklahoma Constitution Article VII-B: SELECTION OF JUSTICES AND JUDGES
Oklahoma Constitution – Article VII-B: SELECTION OF JUSTICES AND JUDGES
This article outlines the procedures and framework for selecting justices and judges in the state of Oklahoma. Below is a summary of the key provisions of Article VII-B:
🔹 Section 1: Judicial Nominating Commission
Establishes the Judicial Nominating Commission (JNC).
The JNC is responsible for screening and recommending candidates for judicial appointments to the Governor.
It consists of 15 members:
6 appointed by the Oklahoma Bar Association
6 non-lawyers appointed by the Governor
1 at-large member chosen by a majority of the other 12
2 additional members selected by legislative leaders, following constitutional amendments
Members must be diverse and representative, and not eligible for judicial office while serving.
🔹 Section 2: Judicial Vacancies and Appointments
When there is a vacancy in the appellate courts (e.g., Supreme Court, Court of Criminal Appeals, or Court of Civil Appeals):
The JNC submits 3 qualified candidates to the Governor.
The Governor must appoint one within 60 days.
If the Governor fails to act, the Chief Justice of the Supreme Court makes the appointment.
Judges serve terms of 6 years, subject to retention elections.
🔹 Section 3: Retention Elections
Appointed justices and judges must stand for retention by the voters at the next general election after their appointment.
The ballot question asks whether the judge should be retained in office.
A majority “yes” vote allows the judge to serve a full term; a “no” vote results in a vacancy.
🔹 Section 4: Limitations and Ethics
Members of the Judicial Nominating Commission cannot hold public office, be a state officer or employee, or a judicial officer during their term.
Judges must comply with rules of conduct and ethics, ensuring judicial independence and integrity.
🔹 Purpose and Principles:
Aims to depoliticize judicial appointments and promote merit-based selection.
Ensures checks and balances between the executive and judiciary.
Promotes transparency, public confidence, and fairness in the judicial system.
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