Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB957 Compare Versions

Version 1 (Old)

Version 2 (New)

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4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	1st Session of the 58th Legislature (2021)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 957 By: Howard of the Senate
7	37
8	38		and
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10		-	~~Moore~~ and Lepak of the
	40	+	Kannady and Lepak of the
11	41		House
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16	47		An Act relating to the Judiciary; amending 20 O.S .
17	48		2011, Section 1402, which relates to disqualification
18		-	of appellate judges; ~~and~~ modifying procedures for
	49	+	of appellate judges; modifying procedures for
19	50		assignment of Justices or Judges in substitution of
20		-	recused or disqualifie d Justices or Judges .
	51	+	recused or disqualified Justices or Judges; and
	52	+	providing an effective date .
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25		-	SUBJECT: Justices and Judges
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27	57		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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29	58		SECTION 1. AMENDATORY 20 O.S. 2011, Section 1402, is
30	59		amended to read as follows:
31		-
32	60		Section 1402. A. No Justice of the Supreme Court of this state
33	61		or Judge of the Criminal Court of Appeals shall par ticipate in the
34	62		decision of any appellate cause in such Court appealed thereto from
35	63		a lower court of said state, in which court such the Justice or
36	64		Judge was judge presiding presided at the trial of such cause ; and
37	65		the same qualifications shall apply to th e members of the Supreme
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	67	+	SB957 HFLR Page 2
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38	93		Court and the Criminal Court of Appeals, as to other courts of
39		-	record; and, whenever any member of either of said Courts is.
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	94	+	record, and whenever any member of either of said Courts is .
41	95		B. When a Justice of the Supreme Court is recused or
42		-	disqualified, the same shall be entered of record in ~~such~~ Court and
	96	+	disqualified the same shall be entered of record in s uch Court and
43	97		such disqualifications of such member shall forthwith be certified
44	98		by from deciding a cause for any reason, the remainder of the Court
45	99		shall decide the cause. If, during the decision of any cause, there
46	100		are less than seven (7) qualified Just ices, the Clerk of such the
47		-
48		-	ENR. S. B. NO. 957 Page 2
49	101		Court shall certify all such recusals or disqualifications to the
50	102		Governor of the state, who shall appoint some member of the Bar of
51	103		the state, possessing the same qualifications as the members of such
52	104		Court, to sit as special J udge in said cause assign a retired
53	105		Supreme Court Justice to the matter in substitution of the recused
54	106		or disqualified Justice s. If no retired Supreme Court Justice is
55	107		able to serve, the Governor shall assign a member of the Bar of this
56	108		state who possesses the same qualifications as the members of the
57	109		Supreme Court to the matter in substitution of the recused or
58	110		disqualified Justice .
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60	111		C. When a Judge of the Court of Criminal Appeals is recused or
61	112		disqualified from deciding a cause for any reason, the Clerk of the
62	113		Court shall certify the recusal or disqualification along with the
63	114		case number to the Governor who shall assign a retired Judge of the
64	115		Court of Criminal Appeals to the matter in substitution of the
65	116		recused or disqualified Judge. If no retired Judge of the Court of
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66	144		Criminal Appeals is able to serve, the Governor shall assign a Judge
67	145		of the Court of Civil Appeals to the matter in substitution of the
68	146		recused or disqualified Judge . If no Judge of the Court of Civil
69	147		Appeals is able to serve, the Govern or shall assign a member of the
70	148		Bar of this state who possesses the same qualifications as the
71	149		members of the Court of Criminal Appeals to the matter in
72	150		substitution of the recused or disqualified Judge .
	151	+	SECTION 2. This act shall become ef fective November 1, 2021.
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75		-	ENR. S. B. NO. 957 Page 3
76		-	Passed the Senate the 9th day of March, 2021.
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79		-
80		-	Presiding Officer of the Senate
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83		-	Passed the House of Representatives the 28th day of April, 2022.
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87		-	Presiding Officer of the House
88		-	of Representatives
89		-
90		-	OFFICE OF THE GOVERNOR
91		-	Received by the Office of the Governor this _______ _____________
92		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
93		-	By: _______________________________ __
94		-	Approved by the Governor of the State of Oklahoma this _____ ____
95		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
96		-
97		-	_________________________________
98		-	Governor of the State of Oklahoma
99		-
100		-
101		-	OFFICE OF THE SECRETARY OF STATE
102		-	Received by the Office of the Secretary of State this _______ ___
103		-	day of __________________, 20 _______, at _______ o'clock _______ M.
104		-	By: _______________________________ __
	153	+	COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY - CIVIL, dated
	154	+	03/30/2021 - DO PASS, As Coauthored.