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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022 )
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 4078 By: Wallace
COMMITTEE SUBSTITUTE
An Act relating to courts; defining terms; creating
the Office of Judicial Performanc e Evaluation;
providing purpose of Office; creating Administrator
position; prescribing duties of Administrator;
prescribing duties and powers of Office; prescribing
criteria for judicial performance evaluat ions;
requiring initial evaluation; requiring int erim
evaluation; allowing response from Justice or judge;
requiring election-year evaluation; allowing response
from Justice or judge; authorizing improvement plans;
prescribing process; providing for confli cts of
interest; providing recusal process for c ertain
persons; requiring information be kept confidential;
exempting certain information from confidentiality ;
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. "Election-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 reelection or
retention election;
3. "Improvement plan" means an individual judicial improvement
plan developed and implemented p ursuant to Section 7 of this act;
4. "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;
5. "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;
and
6. "Justice" means a Justice of the Oklahoma Supreme Court .
SECTION 2. NEW LAW A new section of law to be c odified
in the Oklahoma Statutes as Section 1672 of Title 20, unless there
is created a duplication in numbering, reads as follows:
A. There is hereby created within the Council o n Judicial
Complaints the Office of Judicial Performance Evaluation. The
purpose of the Office shall be to:
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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, respo nsible, and constructive information 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 Administrator to the Office
of Judicial Performance Eva luation who shall be a state employee
hired by the Council on Judicial Complaints. The Administrator,
operations, and staffing of the Office shall be overseen by the
Administrative Director to the Council o n Judicial Complaints.
C. The Administrator 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 Administrator shall attend meetings of the
Council concerning performance evaluations and business of the
Office, keep records concerning performance evaluations, prepare
reports required by statute, and perform other tasks as the Council
shall direct.
SECTION 3. NEW LAW A new section of law t o be codified
in the Oklahoma Statutes as Section 1673 of Title 20, unless there
is created a duplication in numbering, reads as follows:
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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 10 of this act;
2. Collect and disseminate data on judicial performance
evaluations, including judicial performance surveys developed,
collected, and distributed, pursuant to paragraph 5 of subsection B
of this section;
3. Conduct public education efforts concerning the judicial
performance evaluation process and the recommendations made by the
office and the Council on Judicial Complai nts;
4. Measure public awareness of the judicial performance
evaluation process through regular polling; and
5. Perform other tasks as the Council o n 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 orders au thorized by
Justices and judges;
3. Interview Justices and judges under th e Council on Judicial
Complaints' oversight;
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4. Accept information and documentation from interested persons
as necessary;
5. Develop surveys to evaluate the performance of J ustices and
judges which shall be completed by attorneys, jurors, represen ted
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, and employees of local departments of social serv ices;
6. Determine the validity of completed surveys developed
pursuant paragraph 5 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;
7. Prepare narratives for the Council on Judicia l Complaints
that reflect the performance of Justices and judges;
8. Submit any information concerning or appearing to concern a
complaint to the Administrative Director of the Council on Judicial
Complaints;
9. Submit performance evaluations of Justices and judges to the
Council on Judicial Complaints for approval or rejection; and
10. 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.
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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 follows:
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 performanc e 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:
a. demonstrates, through well -reasoned opinions and
courtroom conduct, an understanding of substantive law
and relevant rules of procedure 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 legal
basis for departure from precedent and a ppropriately
applies statutes or other sources of legal authority;
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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 orde rs,
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
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,
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c. issues opinions, findings of fact, conclusions of law,
and orders in a timely manner and without unnecessary
delay,
d. participates in a proportionate share of the court 's
workload, takes responsibility fo r more than his or
her own caseload, and is willi ng 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 profession and the public by
participating in service-oriented efforts designed to educate the
public about the legal system 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 there
is created a duplication in numbering, reads as f ollows:
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 shall communicate the initial evaluation to th e
Justice or judge.
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B. Within two (2) years of t he 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 ev aluations, including
any recommendations for impr ovement plans, to the Council on
Judicial Complaints for approval or rejection. Once approved, the
Office shall communicate the interim evaluation to the Justice or
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.
D. Once the initial or interim performance evaluation is
finalized, the Office shall share the performance evaluation as
follows:
1. For special judges, with the Chief Justice of the Supreme
Court, the Presiding Administrative Judge of the judicial district
in which the special judge serves and any judge by administrative
orders in the role of a direct supervisor of the special judge of
the judicial district in which the special judge serves, and the
Director of the Administrative Office of the Courts ; and
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2. For district and associate judges, with the Chief Justice of
the Supreme Court and the Director of the Administrative Office of
the Courts.
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 Perf ormance Evaluation shall conduct
an election-year evaluation for each Justice or judge whose term is
to expire and who must stand for reelection or retention election.
B. 1. The Office shall complete a n election-year evaluation
and related narrative to b e approved by the Council. Once approved,
the election-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 intent to
stand for reelection or retention.
2. The narrative prepared fo r an election-year evaluation must
include an assessment of the Justice 's or judge's strengths and
weaknesses with respect to the judicial performance crit eria
contained in Section 4 of this act, a discussi on 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 d eficiency identified has
been satisfactorily addre ssed, or a statement from the Council that
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an improvement plan, if any, was satisfactorily followed by the
Justice or judge.
3. The Council shall grant each Justice or judge who receives
an election-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 subsectio n B of this section are
met, the Council shall make a recommendation regarding the
performance of each Justice or judge who declares his or her intent
to stand for reelection or retention. The recommendations must be
stated as "meets performance st andard" 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 J ustice or judge should receive
such a recommendation.
D. Once the election-year evaluation is finalized, the Office
shall share the performance evaluation as follows:
1. For special judges, with the Chief Justice of the Supreme
Court, the Presiding Administrative Judge of the judicial district
in which the special judge serves and any judge by administrative
orders in the role of a direct supervisor of the special judge of
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the judicial district in which the special judge serves, and the
Director of the Administrative Office of the Courts; and
2. For district and associate judges, with the Chief Justice of
the Supreme Court and the Director of the Administrative Office of
the Courts.
SECTION 7. NEW LAW A new section of law to be cod ified
in the Oklahoma Stat utes as Section 1677 of Title 20, unless there
is created a duplication in numbering, reads as follows:
A. 1. If the Office of Judicial Performance Evaluation
recommends, pursuant to Section 5 of this act, that a J ustice or
judge receive an improvement p lan, the Council on Judicial
Complaints 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 improveme nt plan
to the Council. The Office shall maintain a copy of the 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 of such improvement plan, the Council
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shall automatically issue a "does not meet performance standard "
designation on his or her performance evaluation .
C. Upon the completion of an improve ment plan, the Office shall
share the results of t he improvement plan as follows:
1. For special judges, with the Chief Justice of the Supreme
Court, the Presiding Administrative Judge of the judicial district
in which the special judge serves and any jud ge by administrative
orders in the role of a direc t supervisor of the special judge of
the judicial district in which the special judge serves, and the
Director of the Administrative Office of the Courts ; and
2. For district and associate judges, with the Chief Justice of
the Supreme Court and the Director of the Administrative Office of
the Courts.
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 Council 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 J ustice or
judge, including involvement with any litigation involving the
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
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of its members or the Office's employee because of a relationship
with a Justice or judge.
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 number ing, 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 informati on, content of any improvement
plans, and any matter discussed by the Council on Judicial
Complaints concerning a performance evaluation is confidential.
2. All surveys must allow for the participant 's name to remain
confidential. Comments in surveys are confidential but may be
summarized in aggregate for use in perfo rmance evaluation
narratives.
3. Members of the Council on Judicial Complaints and employees
of the Office of Judicial Performance Evaluation shall not publicly
discuss the performance evaluation of a particu lar Justice or judge.
B. Except as provided in subsec tion C of this section, all
recommendations and narratives are c onfidential.
C. Information required to be kept confidential pursuant to
this section may be released only with the consent of the J ustice or
judge being evaluated.
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SECTION 10. 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 in numbering, reads as follows:
A. The Council on Judici al Complaints shall promptly approve or
reject judicial performance evaluations submitted 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 Section 4
of this act, and
b. the creation of a standards matrix or scorecard
related to the performance ev aluation criteria set
forth in Section 4 of this act;
2. Review data, prepared narratives, and recommendations made
by the Office of Judicial Performance Evaluation ;
3. Approve or reject the performance evaluations of Justices
and judges submitted by the Off ice of Judicial Performance
Evaluation;
4. Vote as to whether the Justice or judge meets the
performance standard based upon the member's review of all the
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information available to the Council and the Office's performance
evaluation; and
5. Determine whether information submitted during the
performance evaluation process shall be deemed a complaint.
SECTION 11. This act shall become effective November 1, 202 2.
58-2-10805 AQH 03/01/22