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53	53	STATE OF OKLAHOMA
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55	55	2nd Session of the 59th Legislature (2024)
56	56
57	57	SENATE JOINT
58	58	RESOLUTION 33 By: Dahm
59	59
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63	63	AS INTRODUCED
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65	65	A Joint Resolution directing the Secretary of State
66	66	to refer to the people for their approval or
67	67	rejection a proposed amendment to Section 3 of
68	68	Article VII-B of the Oklahoma Constitution; modifying
69	69	appointing authority of certain m embers of the
70	70	Judicial Nominating Commission; providing ballot
71	71	title; and directing filing.
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77	77	BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REP RESENTATIVES OF THE
78	78	2ND SESSION OF THE 59TH OKLAHOMA LEGISLATURE:
79	79	SECTION 1. The Secretary of State shall refer to the people for
80	80	their approval or rejection, as and in the manner provided by law,
81	81	the following proposed amendment to Sectio n 3 of Article VII-B of
82	82	the Oklahoma Constitution to read as follows:
83	83	Section 3. (a) There is established as a part of the Judicial
84	84	Department a Judicial Nominating Commission of fifteen (15) members,
85	85	to consist of:
86	86	(1) six members to be appointed by th e Governor, which shall
87	87	include at least one from each congressional district established by
88	88	the Statutes of Oklahoma and existing at the date of the adoption of
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140	140	this Article, none of whom shall be admitted to practice law in the
141	141	State of Oklahoma or have any immediate family member who h as been
142	142	admitted to the practice of law in the State of Oklahoma or any
143	143	other state;
144	144	(2) six members to be appointed by the Gov ernor, which shall
145	145	include at least one from each congres sional district established by
146	146	the Statutes of Oklahoma and existing at the date of the adoption of
147	147	this Article who are, howev er, members of the Oklahoma Bar
148	148	Association and who have been elected by the other active members of
149	149	their district under procedures adopted by the Board of Governors of
150	150	the Oklahoma Bar Association, until changed by statute ; and
151	151	(3) three members at large who shall not have been admitted to
152	152	the practice of law in the State of Oklahoma or any other state or
153	153	have any immediate famil y member who has been admitted to the
154	154	practice of law in the State of Oklahoma or any other state but who
155	155	shall be a resident o f the State of Oklahoma, one to be selected by
156	156	not less than eight members of the Nominating Commission. In the
157	157	event eight members of the Commission cannot agree upo n the member
158	158	at large within thirty (30) days of the initial or ganization of the
159	159	Commission or within thirty (30) days of a vacancy in the member at
160	160	large position, the Governor shall make the appointment of the
161	161	member at large; one to be selected by the P resident Pro Tempore of
162	162	the Senate; and one to be selected by the Speaker of the House of
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214	214	Representatives. No more than two members at large shall belong to
215	215	any one political party .
216	216	The Commission shall elect one of its members to serve as chair
217	217	for a term of one (1) year.
218	218	The six lay members of the Commission who ar e appointed by the
219	219	Governor shall be appointed within ninety (90) days from the date
220	220	that this Article becomes effective. Two members shall be appointed
221	221	for a term of two (2) years, two member s for a term of four (4)
222	222	years, and two members for a term of six (6) years. The Oklahom a
223	223	Bar Association shall hold its election and certify to the Secretary
224	224	of State its members within ninety (90) days from the effective date
225	225	of this Article, two of who m shall be elected for a term of two (2)
226	226	years, two for a term of four (4) years, and two for a term of six
227	227	(6) years. Thereafter all of the members of the Commission, whether
228	228	elected or appointed, shall serve for a term of six (6) years,
229	229	except that the member at large shall serve for a term of two (2)
230	230	years.
231	231	(b) Vacancies arising during th e term of any lay commissioner,
232	232	other than the member at large, shall be filled by appointment by
233	233	the Governor for the remain der of his or her term. Vacancies of any
234	234	lawyer commissioner shall be filled by the Board of Governors o f the
235	235	Oklahoma Bar Association for the remainder of his or her term.
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287	287	(c) In the event of vacancy in the member at large position,
288	288	the said vacancy shall be filled in the same manner as the ori ginal
289	289	selection.
290	290	(d) Of those Commissioners named by the Governor, not more than
291	291	three shall belong to any one political party.
292	292	(e) The concurrence of the majority of Commissioners in office
293	293	at the time shall be sufficient to decide any question, unless
294	294	otherwise provided herein. The Commission shall have jurisdict ion
295	295	to determine whether the qualifications of nominees to hold Judicial
296	296	Office have been met and to determine the existence of vacancies on
297	297	the Commission.
298	298	(f) No Commissioner, while a member of the Commission, shall
299	299	hold any other public office by election or appointment or any
300	300	official position in a political party and he or she shall not be
301	301	eligible, while a member of the Commission and for five (5) years
302	302	thereafter, for nomination as a Jud icial Officer.
303	303	(g) Commissioners shall serve without compensat ion but the
304	304	Legislature shall provide funds to reimburse them for their
305	305	necessary travel and lodging expenses while performing their duties
306	306	as such Commissioners.
307	307	(h) No Commissioner shall be permitted to succeed himself or
308	308	herself.
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360	360	(i) As used herein, the words “Oklahoma Bar Association” shall
361	361	include any successor thereof and any future form of the organized
362	362	Bar of this state.
363	363	SECTION 2. The Ballot Title for the propo sed Constitutional
364	364	amendment as set forth in SECTION 1 of this resolution shall be in
365	365	the following form:
366	366	BALLOT TITLE
367	367	Legislative Referendum No. ____ State Question No. ____
368	368	THE GIST OF THE PROPOSITIO N IS AS FOLLOWS:
369	369	This measure will amend Section 3 of Article 7B of the Oklahoma
370	370	Constitution. It will change who appoints the attorney members
371	371	of the Judicial Nominating Commission. T he Governor will
372	372	appoint attorney members instead of the Oklahoma Bar
373	373	Association.
374	374	SHALL THE PROPOSAL BE APPROVED?
375	375	FOR THE PROPOSAL — YES _____________
376	376	AGAINST THE PROPOSAL — NO _____________
377	377	SECTION 3. The President Pro Tempore of the Senate shall,
378	378	immediately after the passage of this resolution, pre pare and file
379	379	one copy thereof, including the Ballot Title set fort h in SECTION 2
380	380	hereof, with the Secretary of State and one copy with the Attorney
381	381	General.
382	382
383	383	59-2-2406 TEK 1/18/2024 3:20:31 PM

Oklahoma 2024 Regular Session

Oklahoma Senate Bill SJR33 Compare Versions