Oklahoma Senate Bill SJR28

Oklahoma 2022 Regular Session

• Introduced: 2/7/22
• Refer: 2/8/22

Caption

Constitutional amendment; modifying procedure for appointment of justices and judges.

Impact

If passed, SJR28 would fundamentally alter existing state laws regarding judicial appointments. The shift from utilizing a commission to a more direct gubernatorial appointment empowered by Senate confirmation could enhance the influence of the executive and legislative branches over the judiciary. Proponents may argue that this change could promote accountability and ensure that appointees reflect the values of the elected officials in power. However, the bill also raises concerns regarding the potential erosion of judicial independence and impartiality, given that the judicial branch could become subject to political pressures exerted by the other branches of government.

Summary

SJR28 is a Senate Joint Resolution aimed at modifying the appointment process for justices and judges in Oklahoma. Specifically, the bill proposes the repeal of Section 3 of Article VII-B, which currently establishes the Judicial Nominating Commission. The resolution seeks to amend Section 4 of the same article to implement a new procedure whereby judicial vacancies are filled directly by the Governor, who is required to appoint nominees presented by the Judicial Nominating Commission. The Governor's appointments would then need to be confirmed by the Senate, thereby aligning Oklahoma's process more closely with the federal model for judicial appointments.

Contention

The main points of contention surrounding SJR28 revolve around the balance of power between the branches of government and the implications for judicial independence. Critics fear that diminishing the role of the Judicial Nominating Commission could lead to a less qualified judiciary influenced by partisan politics. Supporters, on the other hand, advocate for the bill by arguing that it could streamline the appointment process and eliminate potential delays that may arise from the commission's deliberations. The measure's passage would imply a significant restructuring of how judges are selected and could set a precedent for future changes in governance.