Oklahoma 2022 Regular Session

Oklahoma House Bill HB4078 Latest Draft

Bill / Engrossed Version Filed 03/21/2022

                             
 
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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