Oklahoma Senate Bill SJR6

Oklahoma 2023 Regular Session

• Introduced: 2/6/23
• Refer: 2/7/23

Caption

Constitutional amendment; modifying certain appointment procedure; requiring Senate confirmation of certain judicial appointments.

Impact

The proposed changes in SJR6 would fundamentally alter the appointment procedures, allowing the Governor to select nominees for judicial vacancies from a list provided by the now-defunct Judicial Nominating Commission. If the Governor fails to make an appointment within 60 days of a vacancy, the Chief Justice of the Supreme Court would then have the authority to appoint one of the nominees. This is expected to enhance executive control over judicial appointments, ensuring that the Governor's picks are subject to legislative oversight through Senate confirmation.

Summary

SJR6, introduced by Senator Daniels, proposes significant amendments to the Oklahoma Constitution regarding the process of appointing judicial officers. The bill seeks to repeal Section 3 of Article VII-B, which established the Judicial Nominating Commission, thereby transferring the power of judicial appointments directly to the Governor, with a requirement for Senate confirmation of the appointees. This move is intended to streamline the selection process for the judiciary in Oklahoma, making it more consistent with federal judicial selection practices.

Contention

While proponents of SJR6 argue that such a reform increases accountability and transparency in judicial appointments, critics express concerns over potential political motivations influencing judicial selections. Detractors argue that eliminating the Judicial Nominating Commission could lead to more politicized judicial appointments, undermining the independence of the judiciary. The balance of power between the executive and judicial branches and the ramifications for impartial justice are central points of contention in the ongoing discussions around this resolution.