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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE JOINT
RESOLUTION 2 By: Bullard
AS INTRODUCED
A Joint Resolution directing the Secretary of State
to refer to the people for their approval or
rejection a proposed am endment to Section 4 of
Article VII-B of the Oklahoma Constitution; modifying
selection process for a vacancy in judicial office;
requiring that certain information remain s
confidential; requiring certain merit ranking;
requiring Senate confirmation; providing ballot
title; and directing filing .
BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTA TIVES OF THE
1ST SESSION OF THE 58TH OKLAHOMA LEGISLATURE:
SECTION 1. The Secretary of State shall refer to the people for
their approval or rejection, as and in the manner provided by law,
the following proposed amendment to Section 4 of Article VII-B of
the Oklahoma Constitution to read as follows:
Section 4. When a vacancy in any Jud icial Office, however
arising, occurs or is ce rtain to occur, the Judicial Nominating
Commission shall choose determine that all const itutional and
statutory qualifications for office are met, investigate criminal
and financial backgrounds and submit to the Governor and the Chief
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Justice of the Suprem e Court three (3) nominees a list of all
applicants, each of whom has previously notifie d the Commission in
writing that he or she will serve as a Judicial Officer if
appointed. At the time of submission of th e list of applicants to
the Governor and the C hief Justice of the Supreme C ourt, the
Commission shall include with the list a merit score for each
applicant of one (1) through ten (10) with ten (10) being the
highest score. Scores shall remain confide ntial information
available only as necessary for purposes of appointment and
confirmation. The Governor or the Ch ief Justice of the Supreme
Court may request from the Commission additional information or
documentation for any applicant regarding any appl icant's merit
score. The Governor shall appoint o ne (1) of the nominees
applicants to fill the vacancy, but if he or she fails to do so
within sixty (60) days , the Chief Justice of the Supreme Court shall
appoint one (1) of the nominees, the appointment to be applicants.
Any appointment to Judicial Offi ce shall be subject to the advice
and consent of the Senate. The appointment and con firmation shall
be certified by the Secretary of State.
SECTION 2. The Ballot Title for the propo sed Constitutional
amendment as set forth in SECTION 1 of this resolution shall be in
the following form:
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BALLOT TITLE
Legislative Referendum No. ____ State Question No. ____
THE GIST OF THE PROPOSITIO N IS AS FOLLOWS:
This measure amends Section 4 of Article 7-B of the Oklahoma
Constitution. This measure changes the selection process for
filling vacancies for the Supreme Court and Court of Criminal
Appeals. The change in selection of justices and judges would
require the Judicial Nominating Commission to submit t o the
Governor a list of all applicants for t he office. The
Commission shall also include a merit ranking. The Governor
would select one of the applicant s. The selection would have to
be confirmed by the Senate.
SHALL THE PROPOSAL BE APPROVED?
FOR THE PROPOSAL — YES _____________
AGAINST THE PROPOSAL — NO _____________
SECTION 3. The President Pro Tempore of the Senate shall,
immediately after the passage of this resolution, pre pare and file
one copy thereof, including the Ballot Title set forth in SECTION 2
hereof, with the Secre tary of State and one copy with the Attorney
General.
58-1-269 TEK 11/23/2020 4:54:56 PM