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ENGROSSED SENATE
BILL NO. 957 By: Howard of the Senate
and
Kannady of the House
An Act relating to the Judiciary; amending 2 0 O.S.
2011, Section 1402, which relates to disqualification
of appellate judges; modif ying procedures for
assignment of Justices or Judges in subs titution of
recused or disqualifie d Justices or Judges; an d
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHO MA:
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 participate 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 ap ply to the members of the Supreme
Court and the Criminal Cou rt 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 such Court and
such disqualifications of such memb er shall forthwith be certified
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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 Justices, 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 qual ifications as the members of such
Court, to sit as special Judge in said cause assign a retired
Supreme Court Justice to the matter in substitution of the recu sed
or disqualified Justices. If no retired Supreme Court Justice is
able to serve, the Governor s hall assign a member of the Bar of thi s
state who possesses the same qualification s 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 c ause for any reason, the Clerk of the
Court shall certify the recusal or disquali fication along with the
case number to the Governor who shall assign a retired Judge of the
Court of Criminal Appeals to the matter in substitut ion of the
recused or disqualified Judge. If no retired Judge of the Court of
Criminal Appeals is able to serve, the Go vernor shall assign a Judge
of the Court of Civil Appeals to the matter in substitution o f the
recused or disqualified Judge. If no Judge of the Court of Civil
Appeals is able to serve, the Governor shall assign a member of the
Bar of this state who possesses the same qualification s as the
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members of the Court of Criminal Appeals to the matter in
substitution of the recused or disqualified J udge.
SECTION 2. This act shall become effective November 1, 2021.
Passed the Senate the 9th day of March, 2021.
Presiding Officer of t he Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives