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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
ENGROSSED SENATE
BILL NO. 957 By: Howard of the Senate
and
Kannady and Lepak of the
House
An Act relating to the Judiciary; amending 20 O.S .
2011, Section 1402, which relates to disqualification
of appellate judges; modifying procedures for
assignment of Justices or Judges in substitution of
recused or disqualified Justices or Judges; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 20 O.S. 2011, Section 1402, is
amended to read as follows:
Section 1402. A. No Justice of the Supreme Court of this state
or Judge of the Criminal Court of Appeals shall par ticipate in the
decision of any appellate cause in such Court appealed thereto from
a lower court of said state, in which court such the Justice or
Judge was judge presiding presided at the trial of such cause ; and
the same qualifications shall apply to th e members of the Supreme
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Court and the Criminal Court of Appeals, as to other courts of
record, and whenever any member of either of said Courts is .
B. When a Justice of the Supreme Court is recused or
disqualified the same shall be entered of record in s uch Court and
such disqualifications of such member shall forthwith be certified
by from deciding a cause for any reason, the remainder of the Court
shall decide the cause. If, during the decision of any cause, there
are less than seven (7) qualified Just ices, the Clerk of such the
Court shall certify all such recusals or disqualifications to the
Governor of the state, who shall appoint some member of the Bar of
the state, possessing the same qualifications as the members of such
Court, to sit as special J udge in said cause assign a retired
Supreme Court Justice to the matter in substitution of the recused
or disqualified Justice s. If no retired Supreme Court Justice is
able to serve, the Governor shall assign a member of the Bar of this
state who possesses the same qualifications as the members of the
Supreme Court to the matter in substitution of the recused or
disqualified Justice .
C. When a Judge of the Court of Criminal Appeals is recused or
disqualified from deciding a cause for any reason, the Clerk of the
Court shall certify the recusal or disqualification along with the
case number to the Governor who shall assign a retired Judge of the
Court of Criminal Appeals to the matter in substitution of the
recused or disqualified Judge. If no retired Judge of the Court of
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Criminal Appeals is able to serve, the Governor shall assign a Judge
of the Court of Civil Appeals to the matter in substitution of the
recused or disqualified Judge . If no Judge of the Court of Civil
Appeals is able to serve, the Govern or shall assign a member of the
Bar of this state who possesses the same qualifications as the
members of the Court of Criminal Appeals to the matter in
substitution of the recused or disqualified Judge .
SECTION 2. This act shall become ef fective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CIVIL, dated
03/30/2021 - DO PASS, As Coauthored.