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(1ST EXTRAORDINARY SESSION)
ENGROSSED HOUSE
BILL NO. 1022 By: Wallace and Martinez of the
House
and
Thompson (Roger) and Hall
of the Senate
An Act relating to courts; defining terms; creating
the Office of Judicial Performance Evaluat ion;
providing purpose of Office; creating Board of
Judicial Performance Evaluation; stating purpose of
Board; providing for ter ms of office for members of
the Board of Judicial Performance Evaluation;
imposing certain conditions with respect to
membership; providing for payment to members of the
Board of Judicial Performance Evaluation; providing
for travel reimbursement; requirin g approval for
expenses of the Office of Judicial Performance
Evaluation; providing certain meetings of the Board
of Judicial Performance Evaluation are confidential
and exempt from Oklahoma Open Meeting Act; providing
for confidentiality of certain inform ation and exempt
from Oklahoma Open Records Act; creating
Administrator position; prescribing duties of
Administrator; prescribi ng duties and powers of
Office of Judicial Performance Evaluation;
prescribing criteria for judicial performance
evaluations; requiring initial evaluations; requiring
interim evaluations; allowing response from justice
or judge; requiring performance evalu ations be shared
with certain persons; requiring election -year
evaluations; prescribing content of narratives;
allowing response from justice or judge; requiring
performance evaluations be shared with certain
persons; authorizing improvement plans; prescri bing
process; prescribing procedures based upon failure to
complete plan; providing for disclosure of certain
conflicts of interest; providing recusal process for
certain persons; requiring information be kept
confidential; prescribing Board of Judicial
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Performance Evaluation duties and powers; authorizing
promulgation of rules; provi ding for codification;
and providing an effectiv e date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. NEW LAW A new sec tion of law to be codified
in the Oklahoma Statutes as Section 1671 of Title 20, unless there
is created a duplication in number ing, reads as follows:
As used in this act:
1. "Attorney" means a person admitted to practice law before
the courts of this sta te;
2. "Election-year evaluation" means a judicial performance
evaluation conducted by the Office of Judicial Performance
Evaluation pursuant to Section 6 of this act of a justice or judge
whose term is to expire and who must stand for reelection or
retention election;
3. "Improvement plan" means an individual judicial improvement
plan developed and implemented pursuant to Sectio n 7 of this act;
4. "Initial evaluation" and "interim evaluation" mean
evaluations conducted by the Office of Judicial Performa nce
Evaluation pursuant to Section 5 of this act of a justice or judge;
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5. "Judge" means all active district judges, associate district
judges, special judges, Judges of the Oklahoma Court of Criminal
Appeals, and Judges of the Oklahoma Court of Civil App eals; and
6. "Justice" means a justice of the Oklahoma Supreme Court.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1672 of Title 20, unless there
is created a duplication in numbering, reads as follows:
A. There is hereby created within the Council on Judicial
Complaints the Office of Judicial Performance Evalu ation and the
Board of Judicial Performance Evaluation. The purpose of the Office
and the Board shall be to:
1. Provide justices and judges with useful information
concerning their own performances; and
2. Conduct statewide judicial performance evaluati ons using
uniform criteria and procedures pursuant to the provisions of this
act.
B. 1. The Office of Judicial Performance Eva luation shall
present completed performance evaluations and recommendations to the
Board of Judicial Performance Evaluation whic h shall consist of nine
(9) members, only five (5) of whom shall be members of the Bar of
the State of Oklahoma and only five (5) of whom shall constitute a
quorum. Three (3) members shall be appointed by the Speaker of the
Oklahoma House of Representatives; three (3) members shall be
appointed by the President Pro Tempore of the Oklahoma State Senate;
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and three (3) members shall be appointed by the Governor. No more
than five (5) members of the Board shall be, or shall have been in
the previous six (6) months, members of the same political party.
Appointments may include retired judicial officers, but shall not
include members of the Council on Judicial Complaints or Judicial
Nominating Commission.
2. Of the members first appointed to the Board of Judicial
Performance Evaluation, three shall serve for three (3) years and
until a successor is appointed and qualified; three shall serve for
four (4) years and until a suc cessor is appointed and qualified; and
three shall serve for five (5) year s and until a successor is
appointed and qualified. The respective terms of the first members
shall be determined by lot at the first meeting of the Board, and
the results thereof sh all be certified to the Secretary of State and
to the appointing authority for each individual member. Thereafter,
each appointee shall serve for a term of five (5) years and until a
successor is appointed and qual ified. No person shall be eligible
to serve more than two terms on the Board.
3. The members of the Board of Judici al Performance Evaluation
shall receive for their services the sum of One Hundred Dollars
($100.00) for each day, or fraction thereof, of a ttendance at its
meetings or other official business of the Board, and reimbursement
for travel expenses pursuant to the State Travel Reimbursement Act.
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C. All expenses of the Office of Judicial Performance
Evaluation shall be approved by the Chair of the Council on Judicial
Complaints, by the Counc il on Judicial Complaints upon a majority
vote of its members, or by the Administrative Director to the
Council on Judicial Complaints as directed by the Chair of th e
Council on Judicial Complaints.
D. Meetings of the Board of Judicial Performance Evaluation
convened for the purpose of conducting, discussing, or deliberating
any matter relating to performance evaluations or improvement plans
are confidential and are n ot subject to the Oklahoma Open Meeting
Act.
E. Records of the Office of Judicial Performance Evaluation
created for the purpose of or in furtherance of summariz ing,
drafting, conducting, discussing, or deliberating any matter
relating to an election -year evaluation, improvement plan, or
interim evaluation are confidential and are not subject to
disclosure under the Oklahoma Open Records Act.
F. There is hereby created the position of Administrator to the
Office of Judicial Performance Evaluation who shall be a state
employee hired by the Administra tive Director to the Council on
Judicial Complaints. The Administrator, operations, and staffing of
the Office shall be overseen by the Administrative Director to the
Council on Judicial Complaints.
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G. The Administrator shall notify the members of the Bo ard of
Judicial Performance Evaluation of the number of completed
performance evaluations ready for review and conside ration by the
Board five (5) days before the Board's regular meeting. The
Administrator shall att end meetings of the Board concerning
performance evaluations and business of the Office, keep records
concerning performance evaluations, prepare reports requi red by
statute, and perform other tasks as the Council shall direct.
SECTION 3. NEW LAW A new section of law to b e codified
in the Oklahoma Statutes as Section 1673 of Title 20, unless there
is created a duplication in numbering, reads as follows:
A. The Office of Judicial Performance Evaluation shall:
1. Train members of the Board of Judicial Performance
Evaluation as needed and requested to fulfill the duties established
pursuant to Section 10 of this act;
2. Collect and disseminate data on judicial performance
evaluations, including judicial performance surveys developed,
collected, and distributed pursuant to p aragraph 5 of subsection B
of this section; and
3. Perform other tasks as the Board of Judicial Performance
Evaluation or the Council on Judicial Complaints shall direct.
B. The Office of Judicial Performance Evaluation shall have the
following powers and duties:
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1. Review any available case management data and statistics
related to individual justices and judges;
2. Review written judicial opinions and orders authorized by
justices and judges;
3. Interview justices and judges under the Board of Judici al
Performance Evaluation's oversight;
4. Accept information and documentation from interested persons
as necessary;
5. Develop surveys to evaluate the performance of justices and
judges which shall be completed by attorneys, jurors, represented
and unrepresented litigants, law enforcement personnel, attorneys
within the district attorney s' and public defenders ' offices,
employees of the court, court interpreters, employees of probation
offices, and employees of local departments of social services;
6. Determine the validity of completed surveys developed
pursuant to paragraph 5 of this su bsection, report to the Council on
the validity of the surveys, and prepare alternatives to surveys
where sample populations are inadequate to produce valid results;
7. Prepare narratives for the Board of Judicial Performance
Evaluation that reflect the pe rformance of justices and judges;
8. Submit any information concerning or appearing to concern a
complaint or violation of the Code of Judicial Conduct, or other
law, by a judicial officer to the Administrative Director to the
Council on Judicial Complaint s;
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9. Submit performance eval uations of justices and judges to the
Board of Judicial Performance Evaluation for approval or rejection;
and
10. Recommend, at the Offi ce's discretion after it completes an
evaluation of a justice or judge pursuant to Section 5 of this act,
to the Board of Judicial Performance Evaluation that it develop an
individual judicial improvement plan pursuant to Section 7 of this
act.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1674 of Title 20, unless there
is created a duplication in numbering, reads as follows:
The Office of Judicial Performance Evaluation shall evaluate
each justice and judge in Oklahoma utilizing the powers and duties
conferred in Section 3 of this act. The evaluations shall only
include the following performance evaluation criteria:
1. Integrity including, but not limited to, whether the justice
or judge:
a. avoids impropriety or the appearance o f impropriety,
b. displays fairness and impartiality toward all
participants, and
c. avoids ex parte communications;
2. Legal knowledge including, but not limited to, whether the
justice or judge:
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a. demonstrates, through well-reasoned opinions and
courtroom conduct, an understanding of substantive law
and relevant rules of p rocedure and evidence,
b. demonstrates, through well-reasoned opinions and
courtroom conduct, attentiveness to factual and legal
issues before the court, and
c. adheres to precedent or clearly explains the legal
basis for departure from precedent and app ropriately
applies statutes or other sources of legal authority;
3. Communication skills includi ng, but not limited to, whether
the justice or judge:
a. presents clearly written and understandable opinions,
findings of fact, conclusions of law, and order s,
b. presents clearly stated and understandable questions
or statements during oral arguments or presentations,
and, for trial judges, clearly explains all oral
decisions, and
c. clearly presents information to the jury, as
necessary;
4. Judicial temperament including, but not limited to, whether
the justice or judge:
a. demonstrates courtesy toward a ttorneys, litigants,
court staff, and others in the courtroom, and
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b. maintains and requires order, punctuality, and
appropriate decorum in the courtroom ;
5. Administrative performance including, but not limited to,
whether the justice or judge:
a. demonstrates preparation for oral arguments, trials ,
and hearings, as well as attentiveness to and
appropriate control over judicial proceedings ,
b. manages workload and court time effectively and
efficiently,
c. issues opinions, findings of fact, conclusions of law,
and orders in a timely manner and witho ut unnecessary
delay,
d. participates in a proportionate share of the court 's
workload, takes responsibilit y for more than his or
her own caseload, and is willing to assist other
justices or judges, and
e. understands and complies, as necessary, with
directives of the Oklahoma Supreme Court, Oklahoma
Court of Criminal Appeals, Oklahoma Court of Civil
Appeals, the presiding judge of his or her
administrative district, or the chief judge of the
judicial district, as applicable; and
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6. Service to the legal pr ofession and the public by
participating in service -oriented efforts designed to educate the
public about the legal system and improve the legal system.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1675 of Title 20, unless there
is created a duplication in numbering, reads as follows:
A. Within the first two (2) years of a justice's or judge's
first appointment or election to the bench, the Office of Judicial
Performance Evaluation shall conduct an initial evaluation of each
justice and judge. The Office shall complete and communicate the
initial evaluations, in cluding any recommendations for improvement
plans, to the Board of Judicial Performance Evaluation for a pproval
or rejection. Once approved, the Office shall communicate the
initial evaluation to the justice or judge in writing.
B. Within two (2) years o f the approval of the initial
evaluation of a justice or judge by the Board or within two (2)
years of the effective date of thi s act, the Office shall conduct an
interim evaluation of each justice and judge. The Office shall
complete and communicate the interim evaluations, including any
recommendations for improvement plans, to the Board of Judicial
Performance Evaluation for ap proval or rejection. Once approved,
the Office shall communicate the interim evaluation to the justice
or judge in writing.
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C. For judges not required to stand for reelection or retention
election, the Office shall conduct additional i nterim evaluations of
such judges within two (2) years following a general election. The
Office shall complete and communicate th e interim evaluations,
including any recommendations for improvement plans, to the Board of
Judicial Performance Evaluation for approval or rejection. Once
approved, the Office shall communicate the interim evaluation to the
judge in writing.
D. The Board shall grant each justice or judge who receives
initial and interim evaluations the opportunity to meet with the
Board at its next meeting or ot herwise respond to the initial or
interim evaluations no later than ten (10) days following the
justice's or judge's receipt of the initial or interim evaluation.
If a meeting is held or a response is made, the Board may revise the
initial or interim eval uation as it sees fit.
E. Once the initial or interim performance evaluations are
finalized, the Office shall sh are the performance evaluations as
follows:
1. For special judges, with the Chief Justice of the Supreme
Court, the Presiding Administrative J udge of the judicial district
in which the special judge serves and any judge by administrative
orders in the role of a direct supervisor of the special judge of
the judicial district in which the special judge serves, and the
Director of the Administrativ e Office of the Courts; and
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2. For district and associate judges, with the Chief Justice of
the Supreme Court an d the Director of the Administrative Office of
the Courts.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1676 of Title 20, unless there
is created a duplication in numbering, reads as fo llows:
A. The Office of Judicial Performance Evaluation shall conduct
an election-year evaluation for each justice or judge whose term is
to expire and who must stand for reelection or retention election.
B. 1. The Office shall complete an election -year evaluation
and related narrative to be approved by the Board of Judicial
Performance Evaluation. Once approved, the election -year evaluation
shall be communicated in writing to the justice or judge no later
than forty-five (45) days prior to the last day av ailable for the
justice or judge to declare his or her intent to stand for
reelection or retention election.
2. The narrative prepared for a n election-year evaluation must
include an assessment of the justice's or judge's strengths and
weaknesses with respect to the judicial performance criteria
provided for in Section 4 of this act, a discussion regarding any
deficiency identified in an initi al or interim evaluation prepared
pursuant to Section 5 of this act, a review of any improvement plan
developed pursuant to Section 7 of this act, and a statement of
whether the Board concludes that any deficiency identified has been
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satisfactorily address ed, or a statement from the Board that an
improvement plan, if any, was satisfactorily followed by the justice
or judge.
3. The Board shall grant each justice or judge who receives an
election-year evaluation the opportunity to meet with the Board at
its next meeting or otherwise respond to the evaluation no later
than ten (10) days following his or her receipt of the evaluation.
If the meeting is held or a response is made, the Board may revise
the evaluation as it sees fit.
C. After the requirements of subsection B of this section are
met, the Council shall make a recommendation regarding the
performance of each justice or judge who declares his or her intent
to stand for reelection or retention. The recommendations must be
stated as "meets performance standard" or "does not meet performance
standard". For a justice or judge to receive a designation of "does
not meet performance standard", there must be a majority vote by the
Council members that the particular justice or judge should receive
such a recommendation.
D. Once the election-year evaluation is finalized, the Office
shall share the performance evaluations f or district and associate
judges with the Chief Justice of the Supreme Court and the Director
of the Administrative Office of the Courts.
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SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1677 of Title 20, unless there
is created a duplication in numbering, reads as follows:
A. 1. If the Office of Judicial Performance Evaluat ion
recommends, pursuant to Section 5 of this act, that a justice or
judge receive an improvement plan, the Board of Ju dicial Performance
Evaluation shall determine whether an individual judicial
improvement plan is appropriate. If the Board determines an
improvement plan is appropriate, the Office shall then develop an
improvement plan for such justice or judge. After the Board reviews
and approves the improvement plan, the Office shall have the
responsibility for implementing and overseeing the improvem ent plan.
2. Once the justice or judge has completed the improvement
plan, the Office shall convey the results of the im provement plan to
the Board. The Office shall maintain a copy of the improvement plan
and the results in its files.
B. If a justice or judge is required to complete an impro vement
plan pursuant to this section and he or she fails to satisfactorily
complete the requirements of such improvement plan, the Board shall
automatically issue a "does not meet performance standard "
designation on his or her performance evaluation and s hall advise
the Council on Judicial Complaints of such designation in the form
of a complaint.
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C. Upon the completion of an improvement plan, the Office shall
share the results of the improvement plan as follows:
1. For special judges, with the Chief Justi ce of the Supreme
Court, the Presiding Administrative Judge of the judicial dist rict
in which the special judge serves and any judge by administrative
orders in the role of a direct supervisor of the special judge of
the judicial district in which the spec ial judge serves, and the
Director of the Administrative Office of the Courts; a nd
2. For district and associate judges, with the Chief Justice of
the Supreme Court and the Director of the Administrative Office of
the Courts.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Se ction 1678 of Title 20, unless there
is created a duplication in numbering, reads as follows:
A member of the Board of Jud icial Performance Evaluation or an
employee of the Office of Judicial Performance Evaluation shall
disclose any professional or person al relationship with a justice or
judge that may affect an unbiased evaluation of the justice or
judge, including involvem ent with any litigation involving the
justice or judge and the member or employee, the member 's or
employee's family, or the member 's or employee's financial
interests. The Board may require, by a vote, the recusal of one of
its members or the Office 's employee because of a relationship with
a justice or judge.
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SECTION 9. NEW LAW A new section of law to be codifi ed
in the Oklahoma Statutes as Section 1679 of Title 20, unless there
is created a duplication in numbering, reads as follows:
A. 1. Except as specifically provided by law, all performance
evaluations, personal information, oral or written information,
content of any improvement plans, narratives, recommendations, and
any matter discussed by the Board of Judicial Performance Evaluation
concerning a performance evaluation or improvement plan is
confidential.
2. All surveys must allow for the participant 's name to remain
confidential. Comments in surveys are confidential but may be
summarized in aggregate for use in performance evaluati on
narratives.
B. Members of the Board of Judicial Performance Evaluation and
employees of the Office of Judicial Performanc e Evaluation shall not
publicly discuss the performance evaluation of a particular justice
or judge.
SECTION 10. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1680 of Title 20, unless there
is created a duplication in numbering, reads as follows:
A. The Board of Judicial Performance Evaluation shall promptly
approve or reject judicial performance evaluations submitted by the
Office of Judicial Performance Evaluation.
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B. The Board of Judicial Perfor mance Evaluation shall have the
following powers and duties:
1. Promulgate rules concerning:
a. the performance evaluation of justices and judges by
the Office of Judicial Performanc e Evaluation based on
performance evaluation criteria set forth in Secti on 4
of this act, and
b. the creation of a standards matrix or scorecard
related to the performance evaluation criteria set
forth in Section 4 of this act;
2. Review data, prepared nar ratives, and recommendations made
by the Office of Judicial Performanc e Evaluation;
3. Approve or reject the performance evaluations of justices
and judges submitted by the Office of Judicial Performance
Evaluation;
4. Vote as to whether the justice or judge meets the
performance standard based upon the member 's review of all the
information available to the Council and the Office's performance
evaluation; and
5. Determine whether information submitted during the
performance evaluation process shall be deemed a complaint.
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SECTION 11. This act shall become effective November 1, 2023.
Passed the House of Representatives the 24th day of May, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2023.
Presiding Officer of the Senate