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ENGROSSED HOUSE
BILL NO. 4078 By: Wallace of the House
and
Howard of the Senate
An Act relating to courts; defining terms; creating
the Office of Judicial Performance Evaluation;
providing purpose of Office; creating Board of
Judicial Performance Evaluation; stating purpose of
Board; providing for terms of office for members of
the Board of Judicial Performance Evaluation;
imposing certain conditions with respect to
membership; providing for payment to members of the
Board of Judicial Perfo rmance Evaluation; providing
for travel reimbursement; requiring approval for
expenses of the Office of Judicial Performance
Evaluation; providing certain meetings of the Board
of Judicial Performance Evaluation confidential and
exempt from Oklahoma Open Meeting Act; providing for
confidentiality of certain information and exempt
from Oklahoma Open Records Act; creating
Administrator position; prescribing duties of
Administrator; prescribing duties and powers of
Office of Judicial Performance Evaluation;
prescribing criteria for judicial performance
evaluations; requiring initial evaluations; requiring
interim evaluations; allowing response from Justice
or judge; requiring performance evaluations be shar ed
with certain persons; requiring election -year
evaluations; prescribing content of narratives;
allowing response from Justice or judge; requiring
performance evaluations be shared with certain
persons; authorizing improvement plans; prescribing
process; prescribing procedures based upon failure to
complete plan; providing for disclosure of certain
conflicts of interest; providing recusal process for
certain persons; requiring information be kept
confidential; prescribing Board of Judicial
Performance Evaluation duties and powers; authorizing
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promulgation of rules; 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 secti on 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:
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 expi re and who must stand for reelection or
retention election;
3. "Improvement plan" means an individual judicial improvemen t
plan developed and implemented pursuant to Section 7 of this act;
4. "Initial evaluation" and "interim evaluation" mean
evaluations conducted by the Office of Judicial Performanc e
Evaluation pursuant to Section 5 of this act of a Justice or judge;
5. "Judge" means 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 Appea ls; and
6. "Justice" means a Justice of the Oklahoma Supreme Court.
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SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1672 of Title 20, unle ss there
is created a duplication in numbering, re ads as follows:
A. There is hereby created within the Council on Judicial
Complaints the Office of Judicial Performance Evaluation and the
Board of Judicial Performance Evaluation . The purpose of the Office
and the Board shall be to:
1. Provide Justices and judges with useful information
concerning their own performances; and
2. Conduct statewide judicial performance evaluations using
uniform criteria and procedures pursuant to the provisions of this
act.
B. 1. The Office of Judicial Performance Evalu ation shall
present completed performance evaluations and recommendations t o the
Board of Judicial Performance Evaluation which shall consist of nine
(9) members, only five of whom shall be members of the Bar of th e
State of Oklahoma and only five of whom shall constitute a quorum.
Three members shall be appointed by the Speaker of the Oklahoma
House of Representatives; three members shall be appointed by the
President Pro Tempore of the Oklahoma State Senate; and three
members shall be appointed by the Go vernor. No more than five
members of the Board shall be, or shall have been in the previous
six (6) months, members of the same political party. Appointments
may include retired judicial officers, but shall not include members
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of the Council on Judicial Complaints or Judicial Nominating
Commission.
2. Of the members first appointed to the Board of Judicial
Performance Evaluation, three shall serve for three (3) years and
until a successor is appointed and qualifi ed; three shall serve for
four (4) years and until a successor is appointed and qualified; and
three shall serve for five (5) years and until a successor is
appointed and qualified. The respective terms of the first members
shall be determined by lot at the first meeting of the Board, and
the results thereof shall be certified to the Sec retary of State and
to the appointing authority for each individual member . Thereafter,
each appointee shall serve for a term of five (5) years and until a
successor is appointed and qualified. No person shall be eligible
to serve more than two terms on the Board.
3. The members of the Board of Judicial Performance Evaluation
shall receive for their services the sum of One Hun dred Dollars
($100.00) for each day, or fraction thereof, of attendance at its
meetings or other official business of the Board, and reimbursement
for travel expenses pursuant to the State Travel Reimbursement Act.
C. All expenses of the Office o f Judicial Performance
Evaluation shall be approved by the Chair of the Council on Judicial
Complaints, by the Counci l on Judicial Complaints upon a majority
vote of its members, or by the Administrative Director to the
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Council on Judicial Complaints as directed by the Chair of the
Council on Judicial Complaints.
D. Meetings of the Board of Judicial Performance Evaluati on
convened for the purpose of conducting, discussing, or deliberating
any matter relating to performance evaluations or improvement plans
are confidential and are not subject to the Oklahoma Open Meeting
Act.
E. Records of the Office of Judicial Performa nce Evaluation
created for the purpose of or in further ance of summarizing,
drafting, conducting, discussing, or deliberating any matter
relating to an election -year evaluation, improvement plan, or
interim evaluation are confidential and are not subject to
disclosure under the Oklahoma Open Records Act.
F. There is hereby created the position of Administrator to the
Office of Judicial Performance Evaluation who shall be a state
employee hired by the Administrative Director to the Council on
Judicial Complaints. The Administrator, operations, and staffing of
the Office shall be overseen by the Adm inistrative Director to the
Council on Judicial Complaints.
G. The Administrator shall notify the members of the Board of
Judicial Performance Evaluation of the number of completed
performance evaluations ready for r eview and consideration by the
Board five (5) days before the Board's regular meeting. The
Administrator shall attend meetings of the Board concerning
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performance evaluations and b usiness of the Offic e, keep records
concerning performance evaluations, pre pare reports required by
statute, and perform other tasks as the Council shall direct.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1673 of Title 20, unless there
is created a duplicatio n in numbering, reads as follows:
A. The Office of Judicial Performance Evaluation shall:
1. Train members of the Board of Judicial Performance
Evaluation 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; and
3. Perform other tasks as the Board of Judicial Perfo rmance
Evaluation or the Council on Judicial Complaints shall direct.
B. The Office of Judicial Performance Evaluation shall have the
following powers and duties :
1. Review any available case managem ent data and statistics
related to individual Justices and judges;
2. Review written judic ial opinions and orders authorized by
Justices and judges;
3. Interview Justices and judges under the Board of Judicial
Performance Evaluation 's oversight;
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4. Accept information and documentation from interested person s
as necessary;
5. Develop surveys to evaluate the performance of Justices and
judges which shall be completed by attorneys, jurors, represented
and unrepresented litigants, law en forcement 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 services;
6. Determine the validity of co mpleted surveys deve loped
pursuant to paragraph 5 of this subsection, repor t 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 Board of Judicial Performance
Evaluation that reflect the performance of J ustices and judges;
8. Submit any information concerning or appearing to concern a
complaint or violation of the Code of Judicial Conduct, or other
law, by a judicial officer to the Administrative Direc tor to the
Council on Judicial Complaints;
9. Submit performance evaluations of Justices a nd judges to the
Board of Judicial Performance Evaluation for approval or rejection;
and
10. Recommend, at the Office's discretion after it comp letes an
evaluation of a Justice or judge pursuant to Section 5 of this a ct,
to the Board of Judicial Performanc e Evaluation that it develop an
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individual judicial improvement plan pursuant to Section 7 of this
act.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Sectio n 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 Oklaho ma utilizing the pow ers and duties
conferred in Section 3 of this act. T he evaluations shall only
include the following performance evaluation criteria:
1. Integrity including, but not limited to, whether the Justice
or judge:
a. avoids impropriety or th e appearance of impr opriety,
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
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c. adheres to precedent or clear ly explains the legal
basis for departure from preced ent and appropriately
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 understan dable 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 limite d to, whether
the Justice or judge:
a. demonstrates courtesy toward attorneys, litigants,
court staff, and others in the courtroom, and
b. maintains and requires o rder, punctuality, and
appropriate decorum in the cou rtroom;
5. Administrative performance i ncluding, but not limited to,
whether the Justice or judge:
a. demonstrates preparation for oral arguments, trials,
and hearings, as well as at tentiveness to and
appropriate control over judicial proceedings,
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b. manages workload and court time effectively and
efficiently,
c. issues opinions, findings of fact, conclusions of law,
and orders in a timely manner and without unnecessary
delay,
d. participates in a propor tionate share of the court's
workload, takes responsi bility 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, Oklahoma
Court of Criminal Appeals, Oklahoma Court of Civil
Appeals, the presiding judge of his or her
administrative district, or the chief judge of the
judicial district, as applicable ; and
6. Service to the legal profession and the public by
participating in servi ce-oriented efforts designed to educate the
public about the legal system and improve the leg al 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 follows:
A. Within the first two (2) years of a Ju stice's or judge's
first appointment or election to the bench, the Office of Judicial
Performance Evaluation shall conduct an initial evaluatio n of each
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Justice and judge. The Offi ce shall complete and communicate t he
initial evaluations, including any recommendations for improvement
plans, to the Board of Judicial Performance Evaluation for approval
or rejection. Once approved, the Office shal l communicate the
initial evaluation t o the Justice or judge in writing.
B. Within two (2) years of the approval of the initial
evaluation of a Justice or judge by the Board or within two (2)
years of the effective date of this act , the Office shall condu ct an
interim evaluation of each Justi ce and judge. The Office shall
complete and communicate the interim evaluations, including a ny
recommendations for improvement plans, to the Board of Judicial
Performance Evaluation for approval or rejection. Once ap proved,
the Office shall communicate t he interim evaluation to the Justic e
or judge in writing.
C. For judges not required to stan d for reelection or retention
election, the Office shall conduct additional interim evaluations of
such judges within two (2) years following a general election. The
Office shall complete and commu nicate the interim evaluations,
including any recommendations for improvement plans, to the Board of
Judicial Performance Evaluation for approval or rejection. Once
approved, the Office shall communicat e the interim evaluation to the
judge in writing.
D. The Board shall grant each Justice or judge who receives
initial and interim evaluation s the opportunity to meet with the
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Board at its next meeting or otherwise respond to the initia l or
interim evaluations no later than ten (10) days following the
Justice's or judge's receipt of the initial or interim evaluation.
If a meeting is held or a response is made, the Board may revise the
initial or interim evaluation as it sees fit.
E. Once the initial or in terim performance evaluations are
finalized, the Office shall share the performance evaluatio ns 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 th e 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 Administ rative Office of
the Courts.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Sectio n 1676 of Title 20, unless there
is created a duplication in numbering, r eads as follows:
A. The Office of Judici al Performance Evaluation shall conduct
an election-year evaluation for each Justice or judge whose term is
to expire and who must stand for r eelection or retenti on election.
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B. 1. The Office shall complete an ele ction-year evaluation
and related narrative to be approved by the Board of Judicial
Performance Evaluation . Once approved, the election -year evaluation
shall be communicated in writing to the Justice or judge no later
than forty-five (45) days prior to th e last day available for the
Justice or judge to declare his or her intent to stand for
reelection or retention election.
2. The narrative prepared for an election -year evaluation must
include an assessment of the Justice's or judge's strengths and
weaknesses with respect to the judicial perform ance criteria
provided for in Section 4 of this act, a discussion regarding any
deficiency identified in an initial or interim evaluation prep ared
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 Board concludes that any deficiency identified has been
satisfactorily addressed, or a statement from the Board that an
improvement plan, if any, was satisfactorily followed by the Justice
or judge.
3. The Board shall grant each Justice or judge who receives an
election-year evaluation the opportunity to meet with the Board at
its next meeting or otherwise respond to the evaluati on no later
than ten (10) days following his or her r eceipt of the evaluation.
If the meeting is held or a response is made, the Board may revise
the evaluation as it sees fit.
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C. After the requirements of subsection 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 standard " or "does not meet performance
standard". For a Justice or judge to receive a designation o f "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. Once the election-year evaluation is finalized, the Office
shall share the performan ce evaluations 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 codified
in the Oklahoma Statute s 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 S ection 5 of this act , that a Justice or
judge receive an improvement plan , the Board of Judicial Performance
Evaluation shall determine whether an individual judicial
improvement plan is appropriate. If the Board determines an
improvement plan is appropri ate, the Office shal l then develop an
improvement plan for such Justice o r judge. After the Board reviews
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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 compl eted the improvement
plan, the Office shall convey th e results of the improvement plan
to the Board. 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 compl ete an improvement
plan pursuant to this section and he or she fails to s atisfactorily
complete the requirements of s uch improvement plan, the Board shall
automatically issue a "does not meet performance standard "
designation on his or her performance eval uation and shall advise
the Council on Judicial Complaints of such design ation in the form
of a complaint.
C. Upon the completion of an improvement plan, the Office shall
share the results of the improvement plan as follows:
1. For special judges, with t he 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 ju dge serves, and the
Director of the Administrative Of fice 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.
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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 member of the Board of Judicial Performance Evaluation or an
employee of the Office of Judicial Performance Evaluation shall
disclose any professional or personal relationship with a Justice or
judge that may affect an unbiased evaluation of the Justice or
judge, including involvement with any litigation involving the
Justice or judge and t he member or employee, the member 's or
employee's family, or the member's or employee's financial
interests. The Board 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.
SECTION 9. NEW LAW A new sectio n of law to be codified
in the Oklahoma Stat utes as Section 1679 of Title 20, unless there
is created a duplication in numbering, reads as follows:
A. 1. Except as specifically prov ided by law, all performance
evaluations, personal information, oral or w ritten information,
content of any improvement plan s, narratives, recommendations, and
any matter discussed by the Board of Judicial Performance Evaluation
concerning a performance ev aluation or improvement plan is
confidential.
2. All surveys must allow for the participant's name to remain
confidential. Comments in surveys are confidential but may be
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summarized in aggregate for use in performance evaluation
narratives.
B. Members of the Board of Judicial Performance Evaluation and
employees of the Offic e of Judicial Performance Evaluation shall not
publicly discuss the performance evaluation of a particular Justice
or judge.
SECTION 10. NEW LAW A new section o f law to be codified
in the Oklahoma Statutes as Section 16 80 of Title 20, unless there
is created a duplication in numbering , reads as follows:
A. The Board of Judicial Performance Evaluation shall promptly
approve or reject judicial performance evaluati ons submitted by the
Office of Judicial Performance Evaluation.
B. The Board of Judicial Performance Evaluation shall have the
following powers and duties:
1. Promulgate rules concerning:
a. the performance evaluation of Justices and judges by
the Office of Judicial Performa nce Evaluation based on
performance evaluation crite ria set forth in Section 4
of this act, and
b. the creation of a standards matrix or scorecard
related to the performance evaluation criteria set
forth in Section 4 of this act;
2. Review data, prepared narratives, and recommendations made
by the Office of Judicial Performance Evaluation;
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3. Approve or reject th e performance evaluations of Justices
and judges submitted by the Office of Judicial Performance
Evaluation;
4. Vote as to whether the Justice o r judge meets the
performance standard based upon th e member's review of all the
information available to the C ouncil and the Office's performance
evaluation; and
5. Determine whether information submitted during the
performance evaluation process shall b e deemed a complaint.
SECTION 11. This act shall become effective November 1, 2022.
Passed the House of Representatives the 15th day of March, 2022.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2022.
Presiding Officer of the Se nate