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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2850 By: Wallace
AS INTRODUCED
An Act relating to courts; defining terms; creating
the Office of Judicial Performance Evaluation;
providing purpose of Office; creating Board of
Judicial Performance Evaluation; stating purpose of
Board; providing for terms 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; requiring approval for
expenses of the Office of Judicial Performance
Evaluation; providing certain meetings of the Board
of Judicial Performance Evaluation confidential and
exempt from Oklahoma Open Meeting Act; providing for
confidentiality of certain information and exempt ion
from Oklahoma Open Records Act; creating
Administrator position; prescribing duties of
Administrator; prescribing 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 evaluations be shared
with certain persons; requ iring election-year
evaluations; prescribing content of narratives;
allowing response from Justice or judge; requiring
performance evaluations be shared with certain
persons; authorizing improvement plans; prescribing
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
Performance Evaluation duties and powers; aut horizing
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promulgation of rules; prov iding for codification;
and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statu tes as Section 1671 of Title 20, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
1. "Attorney" means a person admitted to practice law before
the courts of this state;
2. "Election-year evaluation" means a judicial performance
evaluation conducted by the Office of Judicial Performance
Evaluation pursuant to Se ction 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 Section 7 of this act;
4. "Initial evaluation" and "interim evaluation" mean
evaluations conducted by the Office of Judicial Performance
Evaluation pursuant to Section 5 of this act of a Justice or judge;
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 Appeals; and
6. "Justice" means a Justice of the O klahoma Supreme Court.
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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 foll ows:
A. There is hereby created wi thin the Council on Judicial
Complaints the Office of Judicial Performance Evaluation 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 evaluations using
uniform criteria and procedures pursuant to the provisions of this
act.
B. 1. The Office of Judicial Performance Evaluation shall
present completed performance eval uations and recommendations to the
Board of Judicial Performance Evaluation , which shall consist of
nine (9) members, only five of whom shall be members of the Bar of
the State of Oklahoma and only five of whom shall constitute a
quorum. Three members shal l be appointed by the Speaker of the
Oklahoma House of Representatives; three members shall be appointed
by the President Pro Tempore of the Oklahoma State Senate; and three
members shall be appointed by the Governor. No more than five
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
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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 qualifie d; and
three shall serve for five (5) years 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 Secreta ry of State and
to the appointing aut hority for each individual member. Thereafter,
each appointee shall serve for a term of five (5) years and until a
successor is appointed and qualified. No person shall be eligible
to serve more than two terms on the Board.
3. The members of the Boar d of Judicial Performance Evaluation
shall receive for their services the sum of One Hundred Dollars
($100.00) for each day, or fraction thereof, of attendance at its
meetings or other official business of the Board, and r eimbursement
for travel expenses p ursuant to the State Travel Reimbursement Act.
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 u pon a majority
vote of its members, or by the Administrative Director to the
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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 purpos e of conducting, discussing, or de liberating
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 summarizing,
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 Okl ahoma 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 Administrative 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.
G. The Administrator shall notify the members of the Board of
Judicial Performance Evaluation of the number of completed
performance evaluations ready for review and consideration by the
Board five (5) days before the Board 's regular meeting. The
Administrator shall att end meetings of the Board concerning
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performance evaluations and business of the Office, keep records
concerning performance evaluations, prepare reports required by
statute, and perform other tasks as the Council shall direct.
SECTION 3. NEW LAW A new section of law to be 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 Perfo rmance Evaluation shall:
1. Train members of the Board of Judicial Performance
Evaluation as needed and requested to fulfil 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 paragraph 5 of subsection B
of this section; and
3. Perform other tasks a s the Board of Judicial Performanc e
Evaluation or the Council on Judicial Complaints shall direct.
B. The Office of Judicial Performance Evaluation shall have the
following powers and duties:
1. Review any available case management data and statistics
related to individual Justices and j udges;
2. Review written judicial opinions and orders authorized b y
Justices and judges;
3. Interview Justices and judges under the Board of Judicial
Performance Evaluation 's oversight;
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4. Accept information and documen tation 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 attorneys' and public defenders' offices,
employees of the court, c ourt 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 subsection, report to the Council on
the validity of the surv eys, 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 performance 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 Complaints;
9. Submit performance evaluations of Justices and judges to the
Board of Judicial Performance Evaluation for approval or rejection;
and
10. Recommend, at the Office 's discretion after it completes an
evaluation of a Justice or judge p ursuant to Section 5 of this act,
to the Board of Judicial Performance Evaluat ion that it develop an
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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 p erformance 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 communic ations;
2. Legal knowledge including, but not limited to, whether the
Justice or judge:
a. demonstrates, through well -reasoned opinions and
courtroom conduct, an understanding of substantive law
and relevant rules of procedure and evidence,
b. demonstrates, through well-reasoned opinions and
courtroom conduct, attentiveness to factual and legal
issues before the court, and
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c. adheres to precedent or clearly explains the legal
basis for departure from precedent a nd appropriately
applies statutes or other sou rces 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 orders,
b. presents clearly stated and understa ndable 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
b. maintains and requires order, punctuality, and
appropriate decorum in the courtro om;
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 ove r judicial proceedings ,
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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 without unnecessary
delay,
d. participates in a proportionate share of the c ourt's
workload, takes responsibilit y for more than his or
her own caseload, and is wi lling 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
6. Service to the legal profession 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
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Justice and judge. The Office shall complete and communicate the
initial evaluations, including 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 th e Justice or judge in writing.
B. Within two (2) years of the approval of the initial
evaluation of a Justice or judge by the Board or within two (2)
years of the effective date of this act, the Office shall conduct an
interim evaluation of each Justice a nd judge. The Office shall
complete and communicate the 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 i nterim evaluation to the Justice
or judge in writing.
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 communicat e the interim evaluations,
including any recommendations fo r improvement plans, to the Board of
Judicial Performance Evaluation for approval or rejection. Once
approved, the Office shall communicate the interim evaluati on 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
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Board at its next meeting or otherwise respond to the initial or
interim evaluation no later than ten (10) days following the
Justice's or judge's receipt of the initial or inter im evaluation.
If a meeting is held or a response is made, the Board may revise the
initial or interim evaluation as it sees fit.
E. Once the initial or interim performance evalu ations are
finalized, the Office sh all share the performance evaluations as
follows:
1. For special judges, with the Chief Justice of the Supreme
Court, the Presiding Administrative Judge 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 specia l judge of
the judicial district in which the special judge serves, and the
Director of the Administrative Office of the Courts; and
2. For district and associate judges, with the Chief Justice of
the Supreme Court and the Administrative 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 follows:
A. The Office of Judicial Performance Evaluation shal l conduct
an election-year evaluation for each Justice or judge whose term is
to expire and who must stand for reelection or retention elect ion.
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B. 1. The Office shall complete an election -year evaluation
and related narrative to be approved by the Board o f Judicial
Performance Evaluation. Once approved, the election -year evaluation
shall be communicated in writing to the Justice or judge n o later
than forty-five (45) days prior to the las t day available for the
Justice or judge to declare his or her intent to stand for
reelection or retention election.
2. The narrative prepared for an 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 Sect ion 4 of this act, a discussion regarding any
deficiency identified in an initial or inte rim evaluation prepared
pursuant to Section 5 o f 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
satisfactorily addressed, or a s tatement from the Board that an
improvement plan, if any, was satisfactorily followed by the Just ice
or judge.
3. The Board shall grant each Justice or judge who recei ves an
election-year evaluation the opportunity to meet with the Board at
its next meeting or otherwise respond to the evaluation no la ter
than ten (10) days following his or her receip t of the evaluation.
If the meeting is held or a response is made, the Board may revise
the evaluation as it sees fit.
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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 fi nalized, the Office
shall share the performance ev aluations for district and associate
judges with the Chief Justice of the Supreme Court and the
Administrative Director of the Administrative Office of the Courts.
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 Evaluation
recommends, pursuant to Section 5 of t his act, that a Justice or
judge receive an improveme nt plan, the Board of Judicial Performance
Evaluation shall determine whether an individua l judicial
improvement plan is appropriate. If the Board determines an
improvement plan is appropriate, the Offi ce shall then develop an
improvement plan for such Ju stice or judge. After the Board reviews
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and approves the improvement plan, the Office shall have the
responsibility for implementing and overseeing the improvement plan.
2. Once the Justice or judg e has completed the improvement
plan, the Office shall co nvey the results of the improvement plan to
the Board. The Office shall maintain a copy of th e 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 fail s 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.
C. Upon the completion of an improvement plan, the Offi ce 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 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 spec ial judge serves, and the
Administrative Director of the Administrative Office o f the Courts;
and
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2. For district and associate judges, with the Chief Justice of
the Supreme Court and the Administrative Director of the
Administrative Office of the Courts.
SECTION 8. NEW LAW A new sec tion of law to be codified
in the Oklahoma Statutes as Section 1678 of Title 20, unless there
is created a duplication in number ing, reads as follows:
A member of the Board of Jud icial Performance Evalua tion or an
employee of the Office of Judicial Perform ance Evaluation shall
disclose any profess ional or personal relationship with a Justice or
judge that may affect an unbiased eva luation of the Justice or
judge, including involvem ent with any litigation involving the
Justice or judge and the member or empl oyee, the member's or
employee's family, or the member's or employee's financial
interests. The Board may require, by a vote, th e recusal of one of
its members or the Office 's employee because of a rela tionship with
a Justice or judge.
SECTION 9. NEW LAW A new section of l aw to be codified
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
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concerning a performance evaluation or improvement plan is
confidential.
2. All surveys must allow for th e participant's name to remain
confidential. Comments in surveys are confidential but may be
summarized in aggregate for use in performance evaluation
narratives.
B. Members of the Board of Judicial Performance E valuation and
employees of the Office of Judicial Performance Evaluation shall not
publicly discuss the performance evaluation of a pa rticular 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 P erformance Evaluation shall promptly
approve or reject judicial perf ormance evaluations submitted by the
Office of Judicial Performance Evaluation.
B. The Board of Judicial Performance Evaluation shall have the
following powers and duties:
1. Promulgate rules concerning:
a. the performance evaluation of Justices and judg es by
the Office of Judicial Performanc e Evaluation based on
performance evaluation criteria se t forth in Section 4
of this act, and
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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 Judi cial Performance 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 th e
performance standard based upon the memb er'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 compl aint.
SECTION 11. This act shall become effective November 1, 2023.
59-1-5031 MKS 01/04/23