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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022 )
HOUSE BILL 4078 By: Wallace
AS INTRODUCED
An Act relating to courts; defining terms; creating
the Office of Judicial Performance Evaluation ;
providing purpose of Office; creating Director
position; prescribing duties of Director; prescribing
duties and powers of Office; prescribing criteria for
judicial performance evaluations; requiring initial
evaluation; requiring interim evaluation; allowing
response from Justice or judge; requiring retention-
year evaluation; allowing response from Justice or
judge; requiring certain information be published on
website; authorizing improvement plans; prescribing
process; providing for conflicts of interest;
providing recusal process for certain persons;
requiring information be kept confidentia l; exempting
certain information from confidentiality; requiring
Office to publish on website certain information;
prescribing Council on Judicial Complaints duties and
powers; providing for codification; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1671 of Title 20, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
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1. "Attorney" means a person admitted to practice law before
the courts of this state;
2. "Improvement plan" means an individual judicial improvement
plan developed and implemented pursuan t to Section 7 of this act;
3. "Interim evaluation" means an interim evaluation conducted
by the Office of Judicial Performance Evaluation pursuant to Section
5 of this act during a full term of office of a Justice or judge;
4. "Judge" includes all active district judges, associate
district judges, special judges, Judges of the Oklahoma Court of
Criminal Appeals, and Judges of the Oklahoma Court of Civil Appeals;
5. "Justice" means a Justice of the Oklahoma Supreme Court;
6. "Retention-year evaluation" means a judicial performance
evaluation conducted by the Office of Judicial Performance
Evaluation pursuant to Section 6 of this act of a Justice or judge
whose term is to expire and who must stand for retention election ;
and
7. "Volunteer courtroom obser ver program" means a statewide
program comprised of volunteers who provide courtroom observation
reports for use by the Office of Judicial Performance Evaluation in
judicial performance evaluations.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Se ction 1672 of Title 20, unless there
is created a duplication in numbering, reads as follows:
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A. There is hereby created within the Council o n Judicial
Complaints the Office of Judicial Performance Evalu ation. The
purpose of the Office shall be to:
1. Provide Justices and judges with useful information
concerning their own performances;
2. Provide persons voting on the retention of Justices and
judges with fair, responsible, and constructive informatio n about
individual judicial performance; and
3. Conduct statewide judicial performance evaluations using
uniform criteria and procedures pursuant to the provisions of this
act.
B. There is created the position of Director to the Office of
Judicial Performance Evaluation who shall be a state empl oyee hired
by the Council on Judicial Complaints . The Director, operations,
and staffing of the Office shall be overseen by the Administrative
Director to the Council on Judicial Complaints.
C. The Director shall notify the members of the Council of the
number of completed performance evaluation s ready for review and
consideration by the Council five (5) days before the Council 's
regular meeting. The Director shall attend meetings of the Council
concerning performance evaluations and bu siness of the Office , keep
records concerning performance evaluations, prepare reports required
by statute, and perform other tasks as the Council shall direct.
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SECTION 3. NEW LAW A new section of law to be c odified
in the Oklahoma Statutes as Section 1673 of Title 20, unless there
is created a duplication in numbering, reads a s follows:
A. The Office of Judicial Performance Evaluation shall:
1. Train members of the Council on Judicial Complaints as
needed and requested to fulfil the duties established pursuant to
Section 11 of this act;
2. Collect and disseminate data on jud icial performance
evaluations, including judicial performance surveys developed,
collected, and distributed, pursuant to paragraph 6 of subsection B
of this section;
3. Conduct public education eff orts concerning the judicial
performance evaluation proces s and the recommendations made by the
office and the Council on Judicial Complaints ;
4. Measure public awareness of the judicial perfo rmance
evaluation process through regular polling; and
5. Perform other tasks as the Council on Judicial Complaints
shall direct.
B. The Office of Judicial Performance Evaluation shall have the
following powers and duties to:
1. Review any available case management data and statistics
related to individual J ustices and judges;
2. Review written judicial opinions and orde rs authorized by
Justices and judges;
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3. Collect information from courtroom observation of Justices
and judges as well as information provided to the Office by the
volunteer courtroom observer prog ram;
4. Interview Justices and judges under the Council on Judicial
Complaints' oversight;
5. Accept information and documentation from interested persons
as necessary;
6. Develop surveys to evaluate the performance of J ustices and
judges which shall be completed by individuals who interact with the
Justice or judge including, but not limited, to attorneys, jurors,
represented and unrepresented litigants, law enforcement personnel,
attorneys within the district attorneys ' and public defenders '
offices, employees of the court, court interpreters, employees of
probation offices, employees of local departments of social
services, and victims of crimes;
7. Determine the validity of completed surv eys developed
pursuant paragraph 6 of this subsection, report to the Council on
the validity of the surveys , and prepare alternatives to surveys
where sample populations are inadequate to produce valid results;
8. Prepare narratives for the Council on Jud icial Complaints
that reflect the performance of Justices and j udges;
9. Submit any information concerning or appearing to concern a
complaint to the Administrative Director of the Council on Judicial
Complaints;
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10. Submit performance evaluations of Jus tices and judges to
the Council on Judicial Complaints for approval or rejection;
11. Recommend, at the staff's discretion after it completes an
evaluation of a Justi ce or judge pursuant to Section 5 of this act,
to the Council on Judicial Complaints that it develop an individual
judicial improvement plan pursuant to Section 7 of this act; and
12. Develop and maintain a website for the Office of Judicial
Performance Evaluation .
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1674 of Title 20, unless there
is created a duplication in numbering, reads as follo ws:
The Office of Judicial Performance Evaluation shall evaluate
each Justice and judge in Oklahoma utilizing the powers and duties
conferred in Section 3 of this act. The evaluations must only
include the following performance evaluation criteria:
1. Integrity including, but not limited to, whether the Justice
or judge:
a. avoids impropriety or the appearance of impropriety,
b. displays fairness and impartiality toward all
participants, and
c. avoids ex parte communications;
2. Legal knowledge including , but not limited to, whether the
Justice or judge:
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a. demonstrates, through well -reasoned opinions and
courtroom conduct, an understan ding of substantive law
and relevant rules of proc edure and evidence,
b. demonstrates, through well-reasoned opinions and
courtroom conduct, attentiveness to factual and legal
issues before the court, and
c. adheres to precedent or clearly explains the leg al
basis for departure from precedent and approp riately
applies statutes or other sources of legal authority;
3. Communication skills including, but not limited to, whether
the Justice or judge:
a. presents clearly written and understandable opinions,
findings of fact, conclusions of law, and orders,
b. presents clearly stated and understandable questions
or statements during oral arguments or presentations,
and, for trial judges, clearly explains all oral
decisions, and
c. clearly presents information to the jury, as
necessary;
4. Judicial temperament including, but not limited to, whether
the Justice or judge:
a. demonstrates courtesy toward attorneys, litigants,
court staff, and others in the courtroom, and
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b. maintains and requires order, punctuality, and
appropriate decorum in the courtroom;
5. Administrative performance including, but not limited to,
whether the Justice or judge:
a. demonstrates preparation for oral arguments, trials,
and hearings, as well as attentiveness to and
appropriate control over judicial proceedings,
b. manages workload and court time effectively and
efficiently,
c. issues opinions, findings o f fact, conclusions of law,
and orders in a timely manner and without unnecessary
delay,
d. participates in a proportionate share of th e court's
workload, takes responsibility for more than his or
her own caseload, and is willing to assist other
Justices or judges, and
e. understands and complies, as necessary, with
directives of the Oklahoma Supreme Court; and
6. Service to the legal pr ofession and the public by
participating in service-oriented efforts designed to educate the
public about the legal syste m and improve the legal system.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1675 of Title 20, unless th ere
is created a duplication in numbering, reads as follows:
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A. Within the first two (2) years of a Justice's or judge's
appointment to the bench, the Office of Judicial Performance
Evaluation shall conduct an initial evaluation of each J ustice and
judge. The Office shall complete and communicate the initial
evaluations, including any recommendations for improvement plans, to
the Council on Judicial Complaints for approval or rejection . Once
approved, the Office sha ll communicate the initial evaluation to the
Justice or judge.
B. Within two (2) years of the approval of the initial
evaluation of a Justice or judge by the Council, the Office shall
conduct an interim evaluation of each J ustice and judge. The Office
shall complete and communicate the interim e valuations, including
any recommendations for improvement plans, to the Council on
Judicial Complaints for approval or rejection. Once approved, the
Office shall communicate the interim evaluation to the Justice o r
judge
C. The Council shall grant each J ustice or judge who receives
an initial and interim evaluation the opportunity to meet with the
Council or otherwise respond to the initial or interim evaluation no
later than ten (10) days following the J ustice's or judge's receipt
of the initial or interim evaluation. If a meeting is held or a
response is made, the Council may revise the initial or interim
evaluation as it sees fit.
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SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1676 of Title 20, unless there
is created a duplication in numbering, reads as follows:
A. The Office of Judicial Performance Evaluation shall conduct
a retention-year evaluation for each Justice or judge whose term is
to expire and who must stand for retention el ection.
B. 1. The Office shall complete a retention-year evaluation
and related narrative to be approved by the Council. Once approved,
the retention-year evaluation shall be communicated to the Justice
or judge no later than forty -five (45) days prior to the last day
available for the Justice or judge to declare his or her inten t to
stand for retention.
2. The narrative prepared for a retention -year evaluation must
include an assessment of the Justice 's or judge's strengths and
weaknesses with respect t o the judicial performance criteria
contained in Section 4 of this act, a discussion regarding any
deficiency identified in an initial or interim evaluation prepared
pursuant to Section 5 of this act, a review of any improvement plan
developed pursuant to Section 7 of this act, and a statement of
whether the Council concludes that any deficiency identified has
been satisfactorily addressed, or a statement from the Council that
an improvement plan, if any, was sati sfactorily followed by the
Justice or judge.
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3. The Council shall grant each Justice or judge who receives a
retention-year evaluation the opportunity to meet with the Council
or otherwise respond to the evaluation no later than ten (10) days
following his or her receipt of the evaluation. If the meeting is
held or a response is made, the Council may revise the evaluation as
it sees fit.
C. After the requirements of subsection B of this section are
met, the Council shall make a recommendation regarding t he
performance of each Justice or judge w ho declares his or her intent
to stand for retention. The recommendations must be stated as
"meets performance standard " or "does not meet performance
standard". For a Justice or judge to receive a designation of "does
not meet performance standard ", there must be a majority vote by the
Council members that the particular Justice or judge should receive
such a recommendation.
D. The Office shall publish on its website the narrative, the
recommendation, and any oth er relevant information related to a
retention-year evaluation to the public no later than two (2) months
prior to the retention election.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1677 of Title 20, unless there
is created a duplication in numbering, reads as follows:
A. 1. If the Office of Judicial P erformance Evaluation
recommends, pursuant to Section 5 of this act, that a J ustice or
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judge receive an improvement plan, the Council shall determine
whether an individua l judicial improvement plan is appropriate. If
the Council determines an improvement plan is appropriate, the
Office shall then develop an improvement plan for such Justice or
judge. After the Council reviews and approves the improvement plan,
the Office shall have the responsibility for implementing and
overseeing the improvement plan.
2. Once the Justice or judge has completed the improvement
plan, the Office shall convey the results of the improvement plan
to the Council. The Office shall maintain a copy of th e improvement
plan and the results in its files.
B. If a Justice or judge is required to complete an improvement
plan pursuant to this section, and he or she fails to satisfactorily
complete the requirements o f such improvement plan, the Council
shall automatically issue a "does not meet performance standard"
designation on his or her performance evaluation .
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1678 of Title 20, unless there
is created a duplication in numbering, reads as follows:
A. A member of the Co uncil on Judicial Complaints or an
employee of the Office of Judicial Performance Evaluation shall
disclose any professional or personal relationship with a J ustice or
judge that may affect an unbiased evaluation of the Justice or
judge, including involvem ent with any litigation involving the
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Justice or judge and the member or employee, the member's or
employee's family, or the member's or employee's financial
interests. The Council may require, by a vote, the recusal of one
of its members or the Office's employee because of a relationship
with a Justice or judge.
B. A Justice or judge who is being evaluated by the Office may
not recuse himself or herself from a case solely on the bas is that
an attorney, party, or witness in the case is a member of the
Council on Judicial Complaints or an employee of the Office of
Judicial Performance Evaluation .
SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1679 of Title 20, unless there
is created a duplication in numbering, reads as follows:
A. 1. Except as provided in subsection C of this section or
specifically provided by law , all self-evaluations, personal
information, oral or written information, content of any improvement
plans, and any matter di scussed by the Council on Judicial
Complaints concerning a performance evaluation is confidential.
2. Except as provided by subsection D of this section, a ll
surveys must allow for the participant's name to remain confidential
and comments in surveys are confidential but may be summarized in
aggregate for use in perfo rmance evaluation narratives.
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3. Members of the Council on Judicial Complaints and employees
of the Office of Judicial P erformance Evaluation shall not publicly
discuss the performance evaluation of a particular J ustice or judge.
B. Except as provided in subsection C of this section, all
recommendations and narratives are c onfidential until released to
the public on the fi rst day following the deadline for Justices and
judges to declare their intent to stand for retention.
C. Information required to be kept confidential pursuant to
this section may be released only with the consent of the Justice or
judge being evaluated.
D. Information obtained in surveys shall be kept confidential
unless the information contains a specific complaint or other
information constituting a complaint concerning a specific Justice
or judge in which case the information including the participant 's
name shall be submitted to the Administrative Director of the
Council on Judicial Complaints.
SECTION 10. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Se ction 1680 of Title 20, unless there
is created a duplication in numbering, reads as follows:
The Office of Judicial Perf ormance Evacuation shall gather and
maintain statewide data and post a statistical report of the
statewide data on its website no later than thirty (30) days prior
to each retention el ection. The report must specify, at a minimum:
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1. The total number of Justices and judges who were eligible to
stand for retention and the number who declared their intent to
stand for reelection;
2. The total number of judicial performance evaluations o f
Justices and judges performed by the Office of Judicial Performance
Evaluation;
3. The total number of J ustices and judges who were evaluated
but did not stand for retention; and
4. The total number of Justices and judges who received a
"meets performance standard" or "does not meet performance standard"
recommendation, respectively.
SECTION 11. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1664 of Title 20, unless there
is created a duplication i n numbering, reads as follows:
A. The Council on Judicial Complaints s hall promptly approve or
reject judicial performance evaluations submit ted by the Office of
Judicial Performance Evaluation .
B. The Council on Judicial Complaints shall have the powers and
duties to:
1. Promulgate rules concerning:
a. the performance evaluation of Justices and judges by
the Office of Judicial Performance Evaluation based on
performance evaluation criteria set forth in S ection 4
of this act, and
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b. the creation of a standards matrix or scorecard
related to the performance evaluation criter ia set
forth in Section 4 of this act;
2. Promulgate rules, guidelines, and procedures concerning a
statewide volunteer courtroom obse rver program as defined in
Section 1 of this act;
3. Review data, prepared narratives, and recommendations made
by the Office of Judicial Performance Evaluation ;
4. Approve or reject the performance evaluations of Justices
and judges submitted by the Office of Judicial Performance
Evaluation;
5. Vote as to whether the Justice or judge meets the
performance standard based upon the member's review of all the
information available to the Council and the Office's performance
evaluation; and
6. Determine whether information submit ted during the
performance evaluation p rocess shall be deemed a complaint.
SECTION 12. This act shall become effective November 1, 2022.
58-2-8615 AQH 01/20/22