Oklahoma 2022 Regular Session

Oklahoma Senate Bill SJR43

Introduced
2/7/22  
Refer
2/8/22  
Report Pass
3/1/22  
Engrossed
3/23/22  

Caption

Constitutional amendment; recreating court system.

Impact

The passage of SJR43 would significantly alter the governance of the state's judicial system. By centralizing the appointment process for higher-level judges in the hands of the Governor, subject to Senate approval, the amendment may streamline judicial authority and create a more accountable judicial leadership. This could impact the independence of the judiciary to some extent, depending on how appointments are made and the political climates during confirmation processes. Moreover, terms for judges would be standardized to six years, allowing for regular public accountability through retention elections.

Summary

SJR43 is a proposed constitutional amendment aimed at reorganizing the judicial structure of Oklahoma by repealing Articles VII and VII-B and introducing a new Article VII-C. This new article establishes a configuration similar to the federal system, wherein the Supreme Court, the Court of Criminal Appeals, and other judicial bodies will have specific delineated powers and responsibilities. Notably, the bill outlines that judges will be appointed by the Governor with confirmation from the Senate, radically changing the current system of judicial selections.

Sentiment

The sentiment around SJR43 appears mixed, with supporters arguing for increased accountability and efficiency in judicial appointments while critics fear that it may erode judicial independence and local control. Advocates suggest that this system could reduce political biases in judicial appointments, while detractors are worried about the potential for the executive branch to exert undue influence over the judiciary. The discussion reveals a broader tension between the need for reform in Oklahoma's judiciary and safeguards intended to preserve its independence.

Contention

Key points of contention surrounding SJR43 include the implications of governance over judicial appointments potentially straying from merit-based systems. Opponents express concern that appointive processes may lead to a lack of community representation within the judicial system, with judges being primarily chosen from political ties rather than a diversified public service background. Additionally, there may be apprehensions regarding the transitional period for existing judges and how their roles will be addressed once the amendments take effect.

Companion Bills

No companion bills found.

Previously Filed As

OK HJR35

Proposing a constitutional amendment to abolish the court of criminal appeals and establish one supreme court with civil and criminal jurisdiction.

OK HJR36

Proposing a constitutional amendment to abolish the court of criminal appeals and establish one supreme court with civil and criminal appellate jurisdiction.

OK HJR90

Proposing a constitutional amendment to abolish the court of criminal appeals and establish one supreme court with civil and criminal appellate jurisdiction.

OK SJR34

Constitutional amendment; Judicial Nominating Commission; adding requirement for holding certain office; modifying certain appointment procedure.

OK HB0216

Business and Chancery Court Amendments

OK SB2347

Relating To Constitutional Amendments.

OK SB640

Relating To Constitutional Amendments.

OK HB2038

Relating To Constitutional Amendments.

OK HB337

Relating To Constitutional Amendments.

OK HB1562

Business courts; creating of business courts; jurisdiction; emergency.

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OK HB1982

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OK SB632

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