Oklahoma 2022 Regular Session

Oklahoma House Bill HB4078 Compare Versions

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3		-	ENGR. H. B. NO. 4078 Page 1 1
	3	+	HB4078 HFLR Page 1
	4	+	BOLD FACE denotes Committee Amendments. 1
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28		-	ENGROSSED HOUSE
29		-	BILL NO. 4078 By: Wallace of the House
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
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31		-	~~and~~
	31	+	STATE OF OKLAHOMA
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33		-	Howard of the Senate
	33	+	2nd Session of the 58th Legislature (2022 )
	34	+
	35	+	COMMITTEE SUBSTITUTE
	36	+	FOR
	37	+	HOUSE BILL NO. 4078 By: Wallace
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	43	+	COMMITTEE SUBSTITUTE
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40	45		An Act relating to courts; defining terms; creating
41	46		the Office of Judicial Performanc e Evaluation;
42		-	providing purpose of Office; creating Board of
43		-	Judicial Performance Evaluation; stating purpose of
44		-	Board; providing for terms of office for members of
45		-	the Board of Judicial Performance Evaluation;
46		-	imposing certain conditions with respect to
47		-	membership; providing for payment to members of the
48		-	Board of Judicial Perfo rmance Evaluation; providing
49		-	for travel reimbursement; requiring approval for
50		-	expenses of the Office of Judicial Performance
51		-	Evaluation; providing certain meetings of the Board
52		-	of Judicial Performance Evaluation confidential and
53		-	exempt from Oklahoma Open Meeting Act; providing for
54		-	confidentiality of certain information and exempt
55		-	from Oklahoma Open Records Act; creating
56		-	Administrator position; prescribing duties of
57		-	Administrator; prescribing duties and powers of
58		-	Office of Judicial Performance Evaluation;
59		-	prescribing criteria for judicial performance
60		-	evaluations; requiring initial evaluations; requiring
61		-	interim evaluations; allowing response from Justice
62		-	or judge; requiring performance evaluations be shar ed
63		-	with certain persons; requiring election -year
64		-	evaluations; prescribing content of narratives;
65		-	allowing response from Justice or judge; requiring
66		-	performance evaluations be shared with certain
67		-	persons; authorizing improvement plans; prescribing
68		-	process; prescribing procedures based upon failure to
69		-	complete plan; providing for disclosure of certain
70		-	conflicts of interest; providing recusal process for
71		-	certain persons; requiring information be kept
72		-	confidential; prescribing Board of Judicial
73		-	Performance Evaluation duties and powers; authorizing
	47	+	providing purpose of Office; creating Administrator
	48	+	position; prescribing duties of Administrator;
	49	+	prescribing duties and powers of Office; prescribing
	50	+	criteria for judicial performance evaluat ions;
	51	+	requiring initial evaluation; requiring int erim
	52	+	evaluation; allowing response from Justice or judge;
	53	+	requiring election-year evaluation; allowing response
	54	+	from Justice or judge; authorizing improvement plans;
	55	+	prescribing process; providing for confli cts of
	56	+	interest; providing recusal process for c ertain
	57	+	persons; requiring information be kept confidential;
	58	+	exempting certain information from confidentiality ;
	59	+	prescribing Council on Judicial Complaints duties and
	60	+	powers; providing for codification; and providing an
	61	+	effective date.
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	67	+	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
	68	+	SECTION 1. NEW LAW A new section of law to be codified
	69	+	in the Oklahoma Statutes as Section 1671 of Title 20, unless there
	70	+	is created a duplication in numbering, reads as follows:
	71	+	As used in this act:
	72	+
	73	+	HB4078 HFLR Page 2
	74	+	BOLD FACE denotes Committee Amendments. 1
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100		-	promulgation of rules; providing for codification;
101		-	and providing an effective date.
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106		-	BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
107		-	SECTION 1. NEW LAW A new secti on of law to be codified
108		-	in the Oklahoma Statutes as Section 1671 of Title 20, unless there
109		-	is created a duplication in numbering, reads as follows:
110		-	As used in this act:
111	99		1. "Attorney" means a person admitted to practice law before
112	100		the courts of this state;
113	101		2. "Election-year evaluation" means a judicial performance
114	102		evaluation conducted by the Office of Judicial Performance
115	103		Evaluation pursuant to Section 6 of this act of a Justice or judge
116	104		whose term is to expire and who must stand for reelection or
117	105		retention election;
118	106		3. "Improvement plan" means an individual judicial improvement
119	107		plan developed and implemented p ursuant to Section 7 of this act;
120		-	4. "Initial evaluation" and "interim evaluation" mean
121		-	evaluations conducted by the Office of Judicial Performanc e
122		-	Evaluation pursuant to Section 5 of this act of a Justice or judge;
123		-	5. "Judge" means all active district judges, associate district
124		-	judges, special judges, Judges of the Oklahoma Court of Criminal
125		-	Appeals, and Judges of the Oklahoma Court of Civil Appea ls; and
	108	+	4. "Interim evaluation" means an interim evaluation conducted
	109	+	by the Office of Judicial Performance Evaluation pursuant to Section
	110	+	5 of this act during a full term of office of a Justice or judge;
	111	+	5. "Judge" includes all active district judges, associate
	112	+	district judges, special judges, Judges of the Oklahoma Court of
	113	+	Criminal Appeals, and Judges of the Oklahoma Court of Civil Appeals;
	114	+	and
126	115		6. "Justice" means a Justice of the Oklahoma Supreme Court .
	116	+	SECTION 2. NEW LAW A new section of law to be c odified
	117	+	in the Oklahoma Statutes as Section 1672 of Title 20, unless there
	118	+	is created a duplication in numbering, reads as follows:
	119	+	A. There is hereby created within the Council o n Judicial
	120	+	Complaints the Office of Judicial Performance Evaluation. The
	121	+	purpose of the Office shall be to:
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	123	+	HB4078 HFLR Page 3
	124	+	BOLD FACE denotes Committee Amendments. 1
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153		-	SECTION 2. NEW LAW A new section of law to be codified
154		-	in the Oklahoma Statutes as Section 1672 of Title 20, unle ss there
155		-	is created a duplication in numbering, re ads as follows:
156		-	A. There is hereby created within the Council on Judicial
157		-	Complaints the Office of Judicial Performance Evaluation and the
158		-	Board of Judicial Performance Evaluation . The purpose of the Office
159		-	and the Board shall be to:
160	149		1. Provide Justices and judges with useful information
161		-	concerning their own performances; and
162		-	2. Conduct statewide judicial performance evaluations using
	150	+	concerning their own performances;
	151	+	2. Provide persons voting on the retention of Justices and
	152	+	judges with fair, respo nsible, and constructive information about
	153	+	individual judicial performance; and
	154	+	3. Conduct statewide judicial performance evaluations using
163	155		uniform criteria and procedures pursuant to the provisions of this
164	156		act.
165		-	B. 1. The Office of Judicial Performance Evalu ation shall
166		-	present completed performance evaluations and recommendations t o the
167		-	Board of Judicial Performance Evaluation which shall consist of nine
168		-	(9) members, only five of whom shall be members of the Bar of th e
169		-	State of Oklahoma and only five of whom shall constitute a quorum.
170		-	Three members shall be appointed by the Speaker of the Oklahoma
171		-	House of Representatives; three members shall be appointed by the
172		-	President Pro Tempore of the Oklahoma State Senate; and three
173		-	members shall be appointed by the Go vernor. No more than five
174		-	members of the Board shall be, or shall have been in the previous
175		-	six (6) months, members of the same political party. Appointments
176		-	may include retired judicial officers, but shall not include members
	157	+	B. There is created the position of Administrator to the Office
	158	+	of Judicial Performance Eva luation who shall be a state employee
	159	+	hired by the Council on Judicial Complaints. The Administrator,
	160	+	operations, and staffing of the Office shall be overseen by the
	161	+	Administrative Director to the Council o n Judicial Complaints.
	162	+	C. The Administrator shall notify the members of the Council of
	163	+	the number of completed performance evaluation s ready for review and
	164	+	consideration by the Council five (5) days before the Council 's
	165	+	regular meeting. The Administrator shall attend meetings of the
	166	+	Council concerning performance evaluations and business of the
	167	+	Office, keep records concerning performance evaluations, prepare
	168	+	reports required by statute, and perform other tasks as the Council
	169	+	shall direct.
	170	+	SECTION 3. NEW LAW A new section of law t o be codified
	171	+	in the Oklahoma Statutes as Section 1673 of Title 20, unless there
	172	+	is created a duplication in numbering, reads as follows:
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	174	+	HB4078 HFLR Page 4
	175	+	BOLD FACE denotes Committee Amendments. 1
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203		-	of the Council on Judicial Complaints or Judicial Nominating
204		-	Commission.
205		-	2. Of the members first appointed to the Board of Judicial
206		-	Performance Evaluation, three shall serve for three (3) years and
207		-	until a successor is appointed and qualifi ed; three shall serve for
208		-	four (4) years and until a successor is appointed and qualified; and
209		-	three shall serve for five (5) years and until a successor is
210		-	appointed and qualified. The respective terms of the first members
211		-	shall be determined by lot at the first meeting of the Board, and
212		-	the results thereof shall be certified to the Sec retary of State and
213		-	to the appointing authority for each individual member . Thereafter,
214		-	each appointee shall serve for a term of five (5) years and until a
215		-	successor is appointed and qualified. No person shall be eligible
216		-	to serve more than two terms on the Board.
217		-	3. The members of the Board of Judicial Performance Evaluation
218		-	shall receive for their services the sum of One Hun dred Dollars
219		-	($100.00) for each day, or fraction thereof, of attendance at its
220		-	meetings or other official business of the Board, and reimbursement
221		-	for travel expenses pursuant to the State Travel Reimbursement Act.
222		-	C. All expenses of the Office o f Judicial Performance
223		-	Evaluation shall be approved by the Chair of the Council on Judicial
224		-	Complaints, by the Counci l on Judicial Complaints upon a majority
225		-	vote of its members, or by the Administrative Director to the
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252		-	Council on Judicial Complaints as directed by the Chair of the
253		-	Council on Judicial Complaints.
254		-	D. Meetings of the Board of Judicial Performance Evaluati on
255		-	convened for the purpose of conducting, discussing, or deliberating
256		-	any matter relating to performance evaluations or improvement plans
257		-	are confidential and are not subject to the Oklahoma Open Meeting
258		-	Act.
259		-	E. Records of the Office of Judicial Performa nce Evaluation
260		-	created for the purpose of or in further ance of summarizing,
261		-	drafting, conducting, discussing, or deliberating any matter
262		-	relating to an election -year evaluation, improvement plan, or
263		-	interim evaluation are confidential and are not subject to
264		-	disclosure under the Oklahoma Open Records Act.
265		-	F. There is hereby created the position of Administrator to the
266		-	Office of Judicial Performance Evaluation who shall be a state
267		-	employee hired by the Administrative Director to the Council on
268		-	Judicial Complaints. The Administrator, operations, and staffing of
269		-	the Office shall be overseen by the Adm inistrative Director to the
270		-	Council on Judicial Complaints.
271		-	G. The Administrator shall notify the members of the Board of
272		-	Judicial Performance Evaluation of the number of completed
273		-	performance evaluations ready for r eview and consideration by the
274		-	Board five (5) days before the Board's regular meeting. The
275		-	Administrator shall attend meetings of the Board concerning
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302		-	performance evaluations and b usiness of the Offic e, keep records
303		-	concerning performance evaluations, pre pare reports required by
304		-	statute, and perform other tasks as the Council shall direct.
305		-	SECTION 3. NEW LAW A new section of law to be codified
306		-	in the Oklahoma Statutes as Section 1673 of Title 20, unless there
307		-	is created a duplicatio n in numbering, reads as follows:
308	200		A. The Office of Judicial Performance Evaluation shall:
309		-	1. Train members of the ~~Board of~~ Judicial ~~Performance~~
310		-	~~Evaluation as~~ needed and requested to fulfil the duties established
311		-	~~pursuant to~~ Section 10 of this act;
	201	+	1. Train members of the Council on Judicial Complaints as
	202	+	needed and requested to fulfil the duties established pursuant to
	203	+	Section 10 of this act;
312	204		2. Collect and disseminate data on judicial performance
313	205		evaluations, including judicial performance surveys developed,
314		-	collected, and distributed pursuant to paragraph 5 of subsection B
315		-	of this section; and
316		-	3. Perform other tasks as the Board of Judicial Perfo rmance
317		-	Evaluation or the Council on Judicial Complaints shall direct.
	206	+	collected, and distributed, pursuant to paragraph 5 of subsection B
	207	+	of this section;
	208	+	3. Conduct public education efforts concerning the judicial
	209	+	performance evaluation process and the recommendations made by the
	210	+	office and the Council on Judicial Complai nts;
	211	+	4. Measure public awareness of the judicial performance
	212	+	evaluation process through regular polling; and
	213	+	5. Perform other tasks as the Council o n Judicial Complaints
	214	+	shall direct.
318	215		B. The Office of Judicial Performance Evaluation shall have the
319		-	following powers and duties :
	216	+	following powers and duties to:
320	217		1. Review any available case management data and statistics
321	218		related to individual J ustices and judges;
322	219		2. Review written judicial opinions and orders au thorized by
323	220		Justices and judges;
324		-	3. Interview Justices and judges under ~~the Board of~~ Judicial
325		-	~~Performance Evaluation~~ 's oversight;
	221	+	3. Interview Justices and judges under th e Council on Judicial
	222	+	Complaints' oversight;
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	224	+	HB4078 HFLR Page 5
	225	+	BOLD FACE denotes Committee Amendments. 1
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352	250		4. Accept information and documentation from interested persons
353	251		as necessary;
354	252		5. Develop surveys to evaluate the performance of J ustices and
355	253		judges which shall be completed by attorneys, jurors, represen ted
356	254		and unrepresented litigants, law enforcement personnel, attorneys
357	255		within the district attorneys ' and public defenders ' offices,
358	256		employees of the court, court interpreters, employees of probation
359	257		offices, and employees of local departments of social serv ices;
360	258		6. Determine the validity of completed surveys developed
361		-	pursuant to paragraph 5 of this subsection, ~~repor t~~ to the Council on
	259	+	pursuant paragraph 5 of this subsection, report to the Council on
362	260		the validity of the surveys , and prepare alternatives to surveys
363	261		where sample populations are inadequate to produce valid results;
364		-	7. Prepare narratives for the ~~Board of Judicial Performance~~
365		-	~~Evaluation~~ that reflect the performance of ~~J ustices~~ and judges;
	262	+	7. Prepare narratives for the Council on Judicia l Complaints
	263	+	that reflect the performance of Justices and judges;
366	264		8. Submit any information concerning or appearing to concern a
367		-	complaint or violation of the Code of Judicial Conduct, or other
368		-	law, by a judicial officer to the Administrative Direc tor to the
369		-	Council on Judicial Complaints;
	265	+	complaint to the Administrative Director of the Council on Judicial
	266	+	Complaints;
370	267		9. Submit performance evaluations of Justices and judges to the
371		-	Board of Judicial Performance Evaluation for approval or rejection;
372		-	and
373		-	10. Recommend, at the Office's discretion after it comp letes an
	268	+	Council on Judicial Complaints for approval or rejection; and
	269	+	10. Recommend, at the staff's discretion after it completes an
374	270		evaluation of a Justi ce or judge pursuant to Section 5 of this act,
375		-	to the Board of Judicial Performanc e Evaluation that it develop an
	271	+	to the Council on Judicial Complaints that it develop an individual
	272	+	judicial improvement plan pursuant to Section 7 of this act.
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	274	+	HB4078 HFLR Page 6
	275	+	BOLD FACE denotes Committee Amendments. 1
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402		-	individual judicial improvement plan pursuant to Section 7 of this
403		-	act.
404	300		SECTION 4. NEW LAW A new section of law to be codified
405	301		in the Oklahoma Statutes as Section 1674 of Title 20, unless there
406	302		is created a duplication in numbering, reads as follows:
407	303		The Office of Judicial Performance Evaluation shall evaluate
408	304		each Justice and judge in Oklahoma utilizing the powers and duties
409		-	conferred in Section 3 of this act. ~~T he~~ evaluations ~~shall~~ only
	305	+	conferred in Section 3 of this act. The evaluations must only
410	306		include the following performanc e evaluation criteria:
411	307		1. Integrity including, but not limited to, whether the Justice
412	308		or judge:
413	309		a. avoids impropriety or the appearance of impropriety,
414	310		b. displays fairness and impartiality toward all
415	311		participants, and
416	312		c. avoids ex parte communications;
417	313		2. Legal knowledge including, but not limited to, whether the
418	314		Justice or judge:
419	315		a. demonstrates, through well -reasoned opinions and
420	316		courtroom conduct, an understanding of substantive law
421	317		and relevant rules of procedure and evidence,
422	318		b. demonstrates, through well-reasoned opinions and
423	319		courtroom conduct, attentiveness to factual and legal
424	320		issues before the court, and
	321	+	c. adheres to precedent or clearly explains the legal
	322	+	basis for departure from precedent and a ppropriately
	323	+	applies statutes or other sources of legal authority;
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	325	+	HB4078 HFLR Page 7
	326	+	BOLD FACE denotes Committee Amendments. 1
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451		-	c. adheres to precedent or clear ly explains the legal
452		-	basis for departure from preced ent and appropriately
453		-	applies statutes or other sources of legal authority;
454	351		3. Communication skills including, but not limited to, whether
455	352		the Justice or judge:
456	353		a. presents clearly written and understandable opinions,
457	354		findings of fact, conclusions of law, and orde rs,
458	355		b. presents clearly stated and understandable questions
459	356		or statements during oral arguments or presentations,
460	357		and, for trial judges, clearly explains all oral
461	358		decisions, and
462	359		c. clearly presents information to the jury, as
463	360		necessary;
464	361		4. Judicial temperament including, but not limited to, whether
465	362		the Justice or judge:
466	363		a. demonstrates courtesy toward attorneys, litigants,
467	364		court staff, and others in the courtroom, and
468	365		b. maintains and requires order, punctuality, and
469	366		appropriate decorum in the courtroom;
470	367		5. Administrative performance including, but not limited to,
471	368		whether the Justice or judge:
472	369		a. demonstrates preparation for oral arguments, trials,
473	370		and hearings, as well as attentiveness to and
474	371		appropriate control over judicial proceedings,
	372	+	b. manages workload and court time effectively and
	373	+	efficiently,
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	375	+	HB4078 HFLR Page 8
	376	+	BOLD FACE denotes Committee Amendments. 1
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501		-	b. manages workload and court time effectively and
502		-	efficiently,
503	401		c. issues opinions, findings of fact, conclusions of law,
504	402		and orders in a timely manner and without unnecessary
505	403		delay,
506	404		d. participates in a proportionate share of the court 's
507	405		workload, takes responsibility fo r more than his or
508	406		her own caseload, and is willi ng to assist other
509	407		Justices or judges, and
510	408		e. understands and complies, as necessary, with
511		-	directives of the Oklahoma Supreme Court, Oklahoma
512		-	Court of Criminal Appeals, Oklahoma Court of Civil
513		-	Appeals, the presiding judge of his or her
514		-	administrative district, or the chief judge of the
515		-	judicial district, as applicable ; and
	409	+	directives of the Oklahoma Supreme Court; and
516	410		6. Service to the legal profession and the public by
517	411		participating in service-oriented efforts designed to educate the
518	412		public about the legal system and improve the legal system.
519	413		SECTION 5. NEW LAW A new section of law to be codified
520	414		in the Oklahoma Statutes as Section 1675 of Title 20, unless there
521	415		is created a duplication in numbering, reads as f ollows:
522	416		A. Within the first two (2) years of a Justice's or judge's
523		-	first appointment or election to the bench, the Office of Judicial
524		-	Performance Evaluation shall conduct an initial evaluatio n of each
	417	+	appointment to the bench, the Office of Judicial Performance
	418	+	Evaluation shall conduct an initial evaluation of each J ustice and
	419	+	judge. The Office shall complete and communicate the initial
	420	+	evaluations, including any recommendations for improvement plans, to
	421	+	the Council on Judicial Complaints for approval or rejection . Once
	422	+	approved, the Office shall communicate the initial evaluation to th e
	423	+	Justice or judge.
525	424
526		-	ENGR. H. B. NO. 4078 Page 11 1
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551		-	Justice and judge. The Offi ce shall complete and communicate t he
552		-	initial evaluations, including any recommendations for improvement
553		-	plans, to the Board of Judicial Performance Evaluation for approval
554		-	or rejection. Once approved, the Office shal l communicate the
555		-	initial evaluation t o the Justice or judge in writing.
556	451		B. Within two (2) years of t he approval of the initial
557		-	evaluation of a Justice or judge by the Board or within two (2)
558		-	years of the effective date of this act , the Office shall condu ct an
559		-	interim evaluation of each Justi ce and judge. The Office shall
560		-	complete and communicate the interim evaluations, including a ny
561		-	recommendations for improvement plans, to the Board of Judicial
562		-	Performance Evaluation for approval or rejection. Once ap proved,
563		-	the Office shall communicate t he interim evaluation to the Justic e
564		-	or judge in writing.
565		-	C. For judges not required to stan d for reelection or retention
566		-	election, the Office shall conduct additional interim evaluations of
567		-	such judges within two (2) years following a general election. The
568		-	Office shall complete and commu nicate the interim evaluations,
569		-	including any recommendations for improvement plans, to the Board of
570		-	Judicial Performance Evaluation for approval or rejection. Once
571		-	approved, the Office shall communicat e the interim evaluation to the
572		-	judge in writing.
573		-	D. The Board shall grant each Justice or judge who receives
574		-	initial and interim evaluation s the opportunity to meet with the
	452	+	evaluation of a Justice or judge by the Council, the Office shall
	453	+	conduct an interim evaluation of each J ustice and judge. The Office
	454	+	shall complete and communicate the interim ev aluations, including
	455	+	any recommendations for impr ovement plans, to the Council on
	456	+	Judicial Complaints for approval or rejection. Once approved, the
	457	+	Office shall communicate the interim evaluation to the Justice or
	458	+	judge
	459	+	C. The Council shall grant each J ustice or judge who receives
	460	+	an initial and interim evaluation the opportunity to meet with the
	461	+	Council or otherwise respond to the initial or interim evaluation no
	462	+	later than ten (10) days following the J ustice's or judge's receipt
	463	+	of the initial or interim evaluation. If a meeting is held or a
	464	+	response is made, the Council may revise the initial or interim
	465	+	evaluation as it sees fit.
	466	+	D. Once the initial or interim performance evaluation is
	467	+	finalized, the Office shall share the performance evaluation as
	468	+	follows:
	469	+	1. For special judges, with the Chief Justice of the Supreme
	470	+	Court, the Presiding Administrative Judge of the judicial district
	471	+	in which the special judge serves and any judge by administrative
	472	+	orders in the role of a direct supervisor of the special judge of
	473	+	the judicial district in which the special judge serves, and the
	474	+	Director of the Administrative Office of the Courts ; and
575	475
576		-	ENGR. H. B. NO. 4078 Page 12 1
	476	+	HB4078 HFLR Page 10
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601		-	Board at its next meeting or otherwise respond to the initia l or
602		-	interim evaluations no later than ten (10) days following the
603		-	Justice's or judge's receipt of the initial or interim evaluation.
604		-	If a meeting is held or a response is made, the Board may revise the
605		-	initial or interim evaluation as it sees fit.
606		-	E. Once the initial or in terim performance evaluations are
607		-	finalized, the Office shall share the performance evaluatio ns as
608		-	follows:
609		-	1. For special judges, with the Chief Justice of the Supreme
610		-	Court, the Presiding Administrative Judge of the judicial district
611		-	in which the special judge serves and any judge by administrative
612		-	orders in the role of a direct supervisor of th e special judge of
613		-	the judicial district in which the special judge serves, and the
614		-	Director of the Administrative Office of the Courts; and
615	502		2. For district and associate judges, with the Chief Justice of
616	503		the Supreme Court and the Director of the Administrative Office of
617	504		the Courts.
618	505		SECTION 6. NEW LAW A new section of law to be codified
619	506		in the Oklahoma Statutes as Section 1676 of Title 20, unless there
620	507		is created a duplication in numbering, reads as follows:
621	508		A. The Office of Judicial Perf ormance Evaluation shall conduct
622	509		an election-year evaluation for each Justice or judge whose term is
623	510		to expire and who must stand for reelection or retention election.
	511	+	B. 1. The Office shall complete a n election-year evaluation
	512	+	and related narrative to b e approved by the Council. Once approved,
	513	+	the election-year evaluation shall be communicated to the Justice or
	514	+	judge no later than forty -five (45) days prior to the last day
	515	+	available for the Justice or judge to declare his or her intent to
	516	+	stand for reelection or retention.
	517	+	2. The narrative prepared fo r an election-year evaluation must
	518	+	include an assessment of the Justice 's or judge's strengths and
	519	+	weaknesses with respect to the judicial performance crit eria
	520	+	contained in Section 4 of this act, a discussi on regarding any
	521	+	deficiency identified in an initial or interim evaluation prepared
	522	+	pursuant to Section 5 of this act, a review of any improvement plan
	523	+	developed pursuant to Section 7 of this act, and a statement of
	524	+	whether the Council concludes that any d eficiency identified h as
	525	+	been satisfactorily addre ssed, or a statement from the Council that
624	526
625		-	ENGR. H. B. NO. 4078 Page 13 1
	527	+	HB4078 HFLR Page 11
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649	552
650		-	B. 1. The Office shall complete an ele ction-year evaluation
651		-	and related narrative to be approved by the Board of Judicial
652		-	Performance Evaluation . Once approved, the election -year evaluation
653		-	shall be communicated in writing to the Justice or judge no later
654		-	than forty-five (45) days prior to th e last day available for the
655		-	Justice or judge to declare his or her intent to stand for
656		-	reelection or retention election.
657		-	2. The narrative prepared for an election -year evaluation must
658		-	include an assessment of the Justice's or judge's strengths and
659		-	weaknesses with respect to the judicial perform ance criteria
660		-	provided for in Section 4 of this act, a discussion regarding any
661		-	deficiency identified in an initial or interim evaluation prep ared
662		-	pursuant to Section 5 of this act, a review of any improvement plan
663		-	developed pursuant to Section 7 of this act, and a statement of
664		-	whether the Board concludes that any deficiency identified has been
665		-	satisfactorily addressed, or a statement from the Board that an
666		-	improvement plan, if any, was satisfactorily followed by the Justice
667		-	or judge.
668		-	3. The Board shall grant each Justice or judge who receives an
669		-	election-year evaluation the opportunity to meet with the Board at
670		-	its next meeting or otherwise respond to the evaluati on no later
671		-	than ten (10) days following his or her r eceipt of the evaluation.
672		-	If the meeting is held or a response is made, the Board may revise
673		-	the evaluation as it sees fit.
	553	+	an improvement plan, if any, was satisfactorily followed by the
	554	+	Justice or judge.
	555	+	3. The Council shall grant each Justice or judge who receives
	556	+	an election-year evaluation the opportun ity to meet with the Council
	557	+	or otherwise respond to the evaluation no later than ten (10) days
	558	+	following his or her receipt of the evaluation. If the meeting is
	559	+	held or a response is made, the Council may revise the evaluation as
	560	+	it sees fit.
	561	+	C. After the requirements of subsectio n B of this section are
	562	+	met, the Council shall make a recommendation regarding the
	563	+	performance of each Justice or judge who declares his or her intent
	564	+	to stand for reelection or retention. The recommendations must be
	565	+	stated as "meets performance st andard" or "does not meet performance
	566	+	standard". For a Justice or judge to receive a designation of "does
	567	+	not meet performance standard ", there must be a majority vote by the
	568	+	Council members that the particular J ustice or judge should receive
	569	+	such a recommendation.
	570	+	D. Once the election-year evaluation is finalized, the Office
	571	+	shall share the performance evaluation as follows:
	572	+	1. For special judges, with the Chief Justice of the Supreme
	573	+	Court, the Presiding Administrative Judge of the judicial district
	574	+	in which the special judge serves and any judge by administrative
	575	+	orders in the role of a direct supervisor of the special judge of
674	576
675		-	ENGR. H. B. NO. 4078 Page 14 1
	577	+	HB4078 HFLR Page 12
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699	602
700		-	C. After the requirements of subsection B of this section are
701		-	met, the Council shall make a recommendation regarding the
702		-	performance of each Justice or judge who declares his or her intent
703		-	to stand for reelection or retention. The recommendations must be
704		-	stated as "meets performance standard " or "does not meet performance
705		-	standard". For a Justice or judge to receive a designation o f "does
706		-	not meet performance standard ", there must be a majority vote by the
707		-	Council members that the particular Justice or judge should receive
708		-	such a recommendation.
709		-	D. Once the election-year evaluation is finalized, the Office
710		-	shall share the performan ce evaluations for district and associate
711		-	judges with the Chief Justice of the Supreme Court and the Director
712		-	of the Administrative Office of the Courts.
	603	+	the judicial district in which the special judge serves, and the
	604	+	Director of the Administrative Office of the Courts; and
	605	+	2. For district and associate judges, with the Chief Justice of
	606	+	the Supreme Court and the Director of the Administrative Office of
	607	+	the Courts.
713	608		SECTION 7. NEW LAW A new section of law to be cod ified
714	609		in the Oklahoma Statutes as Section 1677 of Title 20, unless there
715	610		is created a duplication in numbering, reads as follows:
716	611		A. 1. If the Office of Judicial Performance Evaluation
717	612		recommends, pursuant to Section 5 of this act, that a J ustice or
718		-	judge receive an ~~improvement~~ plan , the ~~Board of~~ Judicial ~~Performance~~
719		-	~~Evaluation~~ shall determine whether an ~~individual~~ judicial
720		-	improvement plan is appropriate. If the ~~Board~~ determines an
	613	+	judge receive an improveme nt plan, the Council on Judicial
	614	+	Complaints shall determine whether an individua l judicial
	615	+	improvement plan is appropriate . If the Council determines an
721	616		improvement plan is appropriate , the Office shall then develop an
722		-	improvement plan for such Justice o r judge. After the Board reviews
	617	+	improvement plan for such Justice or judge. After the Council
	618	+	reviews and approves the improvement plan, the Office shall have the
	619	+	responsibility for implementing and overseeing the improvement plan.
	620	+	2. Once the Justice or judge has completed the improvement
	621	+	plan, the Office shall convey the results of the improveme nt plan
	622	+	to the Council. The Office shall maintain a copy of the improvement
	623	+	plan and the results in its files.
	624	+	B. If a Justice or judge is required to complete an improvement
	625	+	plan pursuant to this section , and he or she fails to satisfactorily
	626	+	complete the requirements of such improvement plan, the Council
723	627
724		-	ENGR. H. B. NO. 4078 Page 15 1
	628	+	HB4078 HFLR Page 13
	629	+	BOLD FACE denotes Committee Amendments. 1
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748	653
749		-	and approves the improvement plan, the Office shall have the
750		-	responsibility for implementing and overseeing the improvement plan.
751		-	2. Once the Justice or judge has compl eted the improvement
752		-	plan, the Office shall convey th e results of the improvement plan
753		-	to the Board. The Office shall maintain a copy of the improvement
754		-	plan and the results in its files.
755		-	B. If a Justice or judge is required to compl ete an improvement
756		-	plan pursuant to this section and he or she fails to s atisfactorily
757		-	complete the requirements of s uch improvement plan, the Board shall
758		-	automatically issue a "does not meet performance standard "
759		-	designation on his or her performance eval uation and shall advise
760		-	the Council on Judicial Complaints of such design ation in the form
761		-	of a complaint.
	654	+	shall automatically issue a "does not meet performance standard "
	655	+	designation on his or her performance evaluation .
762	656		C. Upon the completion of an improve ment plan, the Office shall
763	657		share the results of t he improvement plan as follows:
764	658		1. For special judges, with the Chief Justice of the Supreme
765	659		Court, the Presiding Administrative Judge of the judicial district
766	660		in which the special judge serves and any jud ge by administrative
767	661		orders in the role of a direc t supervisor of the special judge of
768	662		the judicial district in which the special judge serves, and the
769	663		Director of the Administrative Office of the Courts ; and
770	664		2. For district and associate judges, with the Chief Justice of
771	665		the Supreme Court and the Director of the Administrative Office of
772	666		the Courts.
	667	+	SECTION 8. NEW LAW A new section of law to be codified
	668	+	in the Oklahoma Statutes as Section 1678 of Title 20, unless there
	669	+	is created a duplication in numberi ng, reads as follows:
	670	+	A. A member of the Council on Judicial Complaints or an
	671	+	employee of the Office of Judicial Performance Evaluation shall
	672	+	disclose any professional or personal relationship with a J ustice or
	673	+	judge that may affect an unbiased evaluation of the Justice or
	674	+	judge, including involvement with any litigation involving the
	675	+	Justice or judge and the member or employee, the member's or
	676	+	employee's family, or the member's or employee's financial
	677	+	interests. The Council may require, by a vote, the recusal of one
773	678
774		-	ENGR. H. B. NO. 4078 Page 16 1
	679	+	HB4078 HFLR Page 14
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798	704
799		-	SECTION 8. NEW LAW A new section of law to be codified
800		-	in the Oklahoma Statutes as Section 1678 of Title 20, unless there
801		-	is created a duplication in numbering, reads as follows:
802		-	A member of the Board of Judicial Performance Evaluation or an
803		-	employee of the Office of Judicial Performance Evaluation shall
804		-	disclose any professional or personal relationship with a Justice or
805		-	judge that may affect an unbiased evaluation of the Justice or
806		-	judge, including involvement with any litigation involving the
807		-	Justice or judge and t he member or employee, the member 's or
808		-	employee's family, or the member's or employee's financial
809		-	interests. The Board may require, by a vote, the recusal of one of
810		-	its members or the Office 's employee because of a relationship with
811		-	a Justice or judge.
	705	+	of its members or the Office's employee because of a relationship
	706	+	with a Justice or judge.
812	707		SECTION 9. NEW LAW A new section of law to be codified
813	708		in the Oklahoma Statutes as Section 1679 of Title 20, unless there
814	709		is created a duplication in number ing, reads as follows:
815		-	A. 1. Except as specifically prov ided by law, all performance
816		-	evaluations, personal information, oral or w ritten information,
817		-	content of any improvement plan s, narratives, recommendations, and
818		-	any matter discussed by the Board of Judicial Performance Evaluation
819		-	concerning a performance ev aluation or improvement plan is
820		-	confidential.
	710	+	A. 1. Except as provided in subsection C of this section or
	711	+	specifically provided by law , all self-evaluations, personal
	712	+	information, oral or written informati on, content of any improvement
	713	+	plans, and any matter discussed by the Council on Judicial
	714	+	Complaints concerning a performance evaluation is confidential.
821	715		2. All surveys must allow for the participant 's name to remain
822	716		confidential. Comments in surveys are confidential but may be
	717	+	summarized in aggregate for use in perfo rmance evaluation
	718	+	narratives.
	719	+	3. Members of the Council on Judicial Complaints and employees
	720	+	of the Office of Judicial Performance Evaluation shall not publicly
	721	+	discuss the performance evaluation of a particu lar Justice or judge.
	722	+	B. Except as provided in subsec tion C of this section, all
	723	+	recommendations and narratives are c onfidential.
	724	+	C. Information required to be kept confidential pursuant to
	725	+	this section may be released only with the consent of the J ustice or
	726	+	judge being evaluated .
823	727
824		-	ENGR. H. B. NO. 4078 Page 17 1
	728	+	HB4078 HFLR Page 15
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848	753
849		-	summarized in aggregate for use in performance evaluation
850		-	narratives.
851		-	B. Members of the Board of Judicial Performance Evaluation and
852		-	employees of the Offic e of Judicial Performance Evaluation shall not
853		-	publicly discuss the performance evaluation of a particular Justice
854		-	or judge.
855	754		SECTION 10. NEW LAW A new section of law to be codified
856		-	in the Oklahoma Statutes as Section ~~16 80~~ of Title 20, unless there
	755	+	in the Oklahoma Statutes as Section 1664 of Title 20, unless there
857	756		is created a duplication in numbering, reads as follows:
858		-	A. The ~~Board of Judicial Performance Evaluation~~ shall ~~promptly~~
859		-	~~approve or~~ reject judicial performance ~~evaluati ons~~ submitted by the
860		-	~~Office of~~ Judicial Performance Evaluation.
861		-	B. The ~~Board of~~ Judicial ~~Performance Evaluation~~ shall have the
862		-	~~following powers and duties~~:
	757	+	A. The Council on Judici al Complaints shall prompt ly approve or
	758	+	reject judicial performance evaluations submitted by the Office of
	759	+	Judicial Performance Evaluation.
	760	+	B. The Council on Judicial Complaints shall have the powers and
	761	+	duties to:
863	762		1. Promulgate rules concerning:
864	763		a. the performance evaluation of Justices and judges by
865	764		the Office of Judicial Performance Evaluation based on
866	765		performance evaluation criteria set forth in Section 4
867	766		of this act, and
868	767		b. the creation of a standards matrix or scorecard
869	768		related to the performance ev aluation criteria set
870	769		forth in Section 4 of this act;
871	770		2. Review data, prepared narratives, and recommendations made
872	771		by the Office of Judicial Performance Evaluation ;
	772	+	3. Approve or reject the performance evaluations of Justices
	773	+	and judges submitted by the Off ice of Judicial Perfor mance
	774	+	Evaluation;
	775	+	4. Vote as to whether the Justice or judge meets the
	776	+	performance standard based upon the member's review of all the
873	777
874		-	ENGR. H. B. NO. 4078 Page 18 1
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898	803
899		-	3. Approve or reject th e performance evaluations of Justices
900		-	and judges submitted by the Office of Judicial Performance
901		-	Evaluation;
902		-	4. Vote as to whether the Justice o r judge meets the
903		-	performance standard based upon th e member's review of all the
904	804		information available to the Council and the Office's performance
905	805		evaluation; and
906	806		5. Determine whether information submi tted during the
907	807		performance evaluation process shall be deemed a complaint.
908	808		SECTION 11. This act shall become effective November 1, 202 2.
909		-	Passed the House of Representatives the 15th day of March, 2022.
910	809
911		-
912		-
913		-
914		-	Presiding Officer of the House
915		-	of Representatives
916		-
917		-
918		-	Passed the Senate the ___ day of __________, 2022.
919		-
920		-
921		-
922		-
923		-	Presiding Officer of the Se nate
924		-
925		-
	810	+	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CIVIL, dated
	811	+	03/01/2022 - DO PASS, As Amended.