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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE JOINT
RESOLUTION 33 By: Dahm
AS INTRODUCED
A Joint Resolution directing the Secretary of State
to refer to the people for their approval or
rejection a proposed amendment to Section 3 of
Article VII-B of the Oklahoma Constitution; modifying
appointing authority of certain m embers of the
Judicial Nominating Commission; providing ballot
title; and directing filing.
BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REP RESENTATIVES OF THE
2ND SESSION OF THE 59TH OKLAHOMA LEGISLATURE:
SECTION 1. The Secretary of State shall refer to the people for
their approval or rejection, as and in the manner provided by law,
the following proposed amendment to Sectio n 3 of Article VII-B of
the Oklahoma Constitution to read as follows:
Section 3. (a) There is established as a part of the Judicial
Department a Judicial Nominating Commission of fifteen (15) members,
to consist of:
(1) six members to be appointed by th e Governor, which shall
include at least one from each congressional district established by
the Statutes of Oklahoma and existing at the date of the adoption of
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this Article, none of whom shall be admitted to practice law in the
State of Oklahoma or have any immediate family member who h as been
admitted to the practice of law in the State of Oklahoma or any
other state;
(2) six members to be appointed by the Gov ernor, which shall
include at least one from each congres sional district established by
the Statutes of Oklahoma and existing at the date of the adoption of
this Article who are, howev er, members of the Oklahoma Bar
Association and who have been elected by the other active members of
their district under procedures adopted by the Board of Governors of
the Oklahoma Bar Association, until changed by statute ; and
(3) three members at large who shall not have been admitted to
the practice of law in the State of Oklahoma or any other state or
have any immediate famil y member who has been admitted to the
practice of law in the State of Oklahoma or any other state but who
shall be a resident o f the State of Oklahoma, one to be selected by
not less than eight members of the Nominating Commission. In the
event eight members of the Commission cannot agree upo n the member
at large within thirty (30) days of the initial or ganization of the
Commission or within thirty (30) days of a vacancy in the member at
large position, the Governor shall make the appointment of the
member at large; one to be selected by the P resident Pro Tempore of
the Senate; and one to be selected by the Speaker of the House of
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Representatives. No more than two members at large shall belong to
any one political party .
The Commission shall elect one of its members to serve as chair
for a term of one (1) year.
The six lay members of the Commission who ar e appointed by the
Governor shall be appointed within ninety (90) days from the date
that this Article becomes effective. Two members shall be appointed
for a term of two (2) years, two member s for a term of four (4)
years, and two members for a term of six (6) years. The Oklahom a
Bar Association shall hold its election and certify to the Secretary
of State its members within ninety (90) days from the effective date
of this Article, two of who m shall be elected for a term of two (2)
years, two for a term of four (4) years, and two for a term of six
(6) years. Thereafter all of the members of the Commission, whether
elected or appointed, shall serve for a term of six (6) years,
except that the member at large shall serve for a term of two (2)
years.
(b) Vacancies arising during th e term of any lay commissioner,
other than the member at large, shall be filled by appointment by
the Governor for the remain der of his or her term. Vacancies of any
lawyer commissioner shall be filled by the Board of Governors o f the
Oklahoma Bar Association for the remainder of his or her term.
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(c) In the event of vacancy in the member at large position,
the said vacancy shall be filled in the same manner as the ori ginal
selection.
(d) Of those Commissioners named by the Governor, not more than
three shall belong to any one political party.
(e) The concurrence of the majority of Commissioners in office
at the time shall be sufficient to decide any question, unless
otherwise provided herein. The Commission shall have jurisdict ion
to determine whether the qualifications of nominees to hold Judicial
Office have been met and to determine the existence of vacancies on
the Commission.
(f) No Commissioner, while a member of the Commission, shall
hold any other public office by election or appointment or any
official position in a political party and he or she shall not be
eligible, while a member of the Commission and for five (5) years
thereafter, for nomination as a Jud icial Officer.
(g) Commissioners shall serve without compensat ion but the
Legislature shall provide funds to reimburse them for their
necessary travel and lodging expenses while performing their duties
as such Commissioners.
(h) No Commissioner shall be permitted to succeed himself or
herself.
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(i) As used herein, the words “Oklahoma Bar Association” shall
include any successor thereof and any future form of the organized
Bar of this state.
SECTION 2. The Ballot Title for the propo sed Constitutional
amendment as set forth in SECTION 1 of this resolution shall be in
the following form:
BALLOT TITLE
Legislative Referendum No. ____ State Question No. ____
THE GIST OF THE PROPOSITIO N IS AS FOLLOWS:
This measure will amend Section 3 of Article 7B of the Oklahoma
Constitution. It will change who appoints the attorney members
of the Judicial Nominating Commission. T he Governor will
appoint attorney members instead of the Oklahoma Bar
Association.
SHALL THE PROPOSAL BE APPROVED?
FOR THE PROPOSAL — YES _____________
AGAINST THE PROPOSAL — NO _____________
SECTION 3. The President Pro Tempore of the Senate shall,
immediately after the passage of this resolution, pre pare and file
one copy thereof, including the Ballot Title set fort h in SECTION 2
hereof, with the Secretary of State and one copy with the Attorney
General.
59-2-2406 TEK 1/18/2024 3:20:31 PM