Oklahoma 2024 Regular Session

Oklahoma Senate Bill SJR34 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	SJR34 HFLR Page 1
4		-	BOLD FACE denotes Committee Amendments. 1
	3	+	ENGR. S. J. R. NO. 34 Page 1 1
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29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30		-
31		-	STATE OF OKLAHOMA
32		-
33		-	2nd Session of the 59th Legislature (2024)
34		-
35		-	COMMITTEE SUBSTITUTE
36		-	FOR ENGROSSED
37		-	SENATE JOINT
	28	+	ENGROSSED SENATE
	29	+	JOINT
38	30		RESOLUTION NO. 34 By: Daniels, Bullard, Prieto,
39	31		Jett, Burns, and Hamilton
40	32		of the Senate
41	33
42	34		and
43	35
44		-	Lepak, West (Kevin), and
45		-	Kane of the House
	36	+	Lepak of the House
46	37
47	38
48		-
49		-
50		-
51		-	COMMITTEE SUBSTITUTE
52	39
53	40		A Joint Resolution directing the Secretary of State
54	41		to refer to the people for their approval or
55	42		rejection the repeal of Section 3 of Article VII -B,
56	43		which relates to the Judicial Nominating Commission,
57	44		and the proposed amendment to Section s 1, 2, and 4 of
58	45		Article VII-B of the Oklahoma Constitution; modifying
59	46		applicability of certain provisions; modifying
60	47		definition; adding requirement for holding certain
61		-	office; modifying certain appointment procedure;
62		-	requiring confirmation of certain jud icial
63		-	appointments by Oklahoma State Senate and Oklahoma
64		-	House of Representatives ; providing ballot title; and
65		-	directing filing.
66		-
	48	+	office; prohibiting decrease of certain compensation;
	49	+	modifying certain appointment procedure; requiring
	50	+	Senate confirmation of certain judicial appointments;
	51	+	providing ballot title; and directing filing .
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71	56		BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE
72	57		2ND SESSION OF THE 59TH OKLAHOMA LEGISLATURE:
	58	+	SECTION 1. The Secretary of State shall refer to the people for
	59	+	their approval or rejection, as and in the manner provided by law,
	60	+	the repeal of Section 3 of Article VII-B and the following proposed
	61	+	amendment to Section s 1, 2, and 4 of Article VII-B of the Oklahoma
	62	+	Constitution to read as follows:
	63	+	Section 1. (a) The A. After November 5, 2024, the provisions
	64	+	of this Article shall govern the selection and tenure of all
	65	+	Justices of the Supreme Court and Judges of the Court of Criminal
73	66
74		-	SJR34 HFLR Page 2
75		-	BOLD FACE denotes Committee Amendments. 1
	67	+	ENGR. S. J. R. NO. 34 Page 2 1
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100		-	SECTION 1. The Secretary of State shall refer to the people for
101		-	their approval or rejecti on, as and in the manner provided by law,
102		-	the repeal of Section 3 of Article VII-B and the following proposed
103		-	amendment to Section s 1, 2, and 4 of Article VII-B of the Oklahoma
104		-	Constitution to read as follows:
105		-	Section 1. (a) The A. After November 5, 2024, the provisions
106		-	of this Article shall govern the selection and tenure of all
107		-	Justices of the Supreme Court and Judges of the Court of Criminal
108	92		Appeals and any intermediate appellate court of the State of
109	93		Oklahoma, to which the provisions hereof may be extended as
110	94		hereinafter provided, other prov isions of the Constitution or
111	95		statutes of the State of Oklahoma to the contrary notwithstanding,
112	96		and the provisions of Article VII as proposed by House Joint
113	97		Resolution No. 508 of the First Session of the Thirty -first Oklahoma
114	98		Legislature to the contrary notwithstanding.
115	99		(b) B. As used in this Section Article, “Judicial Office” means
116	100		the offices of Justice of the Supreme Court and Judges of the Court
117	101		of Criminal Appeals and any intermediate appellate court and
118	102		“Judicial Officer” means a Justice or Judge of each such court,
119	103		excluding retired or supernumerary Justices or Judges.
120		-	Section 2. At the general election next b efore his or her term
121		-	expires, any Judicial Officer may seek retention in office by filing
122		-	with the Secretary of State, not l ess than sixty (60) days before
123		-	the date of such election, a declaration of candida cy to succeed
	104	+	Section 2. A. At the general election next before his or her
	105	+	term expires, any Judicial Officer may seek retention in office by
	106	+	filing with the Secretary of State, not l ess than sixty (60) days
	107	+	before the date of such election, a declaration of candidacy to
	108	+	succeed himself. Thereupon, at such election, there shall be
	109	+	submitted to the qualified electors of the State, on a separate
	110	+	ballot, without party designation, t his question:
	111	+	“Shall (Here insert name of Justice or Judge) of (Here
	112	+	insert the title of the court) be retained in Office? ”
	113	+	□ YES
	114	+	□ NO
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125		-	SJR34 HFLR Page 3
126		-	BOLD FACE denotes Committee Amendments. 1
	116	+	ENGR. S. J. R. NO. 34 Page 3 1
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151		-	himself. Thereupon, at such elect ion, there shall be submitted to
152		-	the qualified electors of the State, on a separate ballot, without
153		-	party designation, this question:
154		-	“Shall (Here insert name of Justice or Judge) of (Here
155		-	insert the title of the court) be retained in Office? ”
156		-	□ YES
157		-	□ NO
158	141		The question shall be decided by a majority of those voting
159	142		thereon. If the decision is “yes” the Judicial Officer shall be
160	143		retained in office for the next ensuing six (6) year term. If the
161	144		decision is “no”, or if no declaration of candidacy is filed, the
162	145		office shall be vacant upon expiration of the term then being
163	146		served, and the former Judicial Officer shall not be eligible for
164	147		appointment to succeed himself. Retention in office may be sought
165	148		for successive terms without limit as to number, except for
166	149		retirement as may be provided by the Legislature for a maximum
167	150		retirement age.
	151	+	B. Subject to paragraph c of Section 11 of Article VII of the
	152	+	Oklahoma Constitution, Judicial Officers appointed or retained
	153	+	pursuant to this Article, on or after November 5, 2024, shall hold
	154	+	their offices during good behavior, and shall, at stated times,
	155	+	receive for their services, a compensation, which shall n ot be
	156	+	diminished during their continuance in office .
168	157		Section 4. When a vacancy in any Judicial Office, however
169	158		arising, occurs or is certain to occur, the Judicial Nominating
170	159		Commission shall choose and submit to the Governor and the Chie f
171	160		Justice of the Supreme Court three (3) nominees, each of whom has
172	161		previously notified the Commission in writing that he will serve as
173	162		a Judicial Officer if appointed. The the Governor shall appoint one
174	163		(1) of the nominees to fill the vacancy, but if he fails to do so
	164	+	within sixty (60) days the Chief Justice of the Supreme Court shall
175	165
176		-	SJR34 HFLR Page 4
177		-	BOLD FACE denotes Committee Amendments. 1
	166	+	ENGR. S. J. R. NO. 34 Page 4 1
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202		-	within sixty (60) days the Chief Justice of the Supreme Court shall
203	191		appoint one (1) of the nominees, the appointment to be certified by
204	192		the Secretary of State nominate and, with the advice and consent of
205		-	the Senate and the House of Representatives, shall appoint all
206		-	Judicial Officers. If the Senate and the House of Representat ives
207		-	are not in session when a nomination is made, the Governor may call
208		-	the Legislature into special session to advise and consent on any
209		-	such nomination. Confirmation shall require an affirmative vote of
210		-	a majority of the members elected to and constituting the Senate and
211		-	an affirmative vote of a majority of the members elected to and
212		-	constituting the House of Representatives, respectively.
	193	+	the Senate, shall appoint all Judicia l Officers. If the Senate is
	194	+	not in session when a nomination is made, the Governor may call the
	195	+	Senate into special session to advise and consent on any such
	196	+	nomination.
213	197		SECTION 2. The Ballot Title for the proposed Constitutional
214	198		amendment as set forth i n SECTION 1 of this resolution shall be in
215	199		the following form:
216	200		BALLOT TITLE
217	201		Legislative Referendum No. ____ State Question No. ____
218	202		THE GIST OF THE PROPOSITION IS AS FOLLOWS:
219	203		This measure would amend Article 7 -B of the Oklahoma
220	204		Constitution. The measure would amend Sections 1, 2, and 4 of
221	205		Article 7-B to establish a new process for appointing Supreme
222	206		Court justices and judges of the Court of Criminal Appeals and
223		-	any intermediate appellate court to ~~resemble~~ the process
	207	+	any intermediate appellate court to reflect the process
224	208		established by the United States Constit ution. The Governor
225	209		will nominate new appellate justices and judges, subject to
	210	+	confirmation by the Senate. Appellate justices and judges
	211	+	appointed or retained on or after November 5, 2024, will serve
	212	+	during good behavior. The measure would repeal Section 3 of
	213	+	Article 7-B which established the Judicial Nominating
	214	+	Commission.
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227		-	SJR34 HFLR Page 5
228		-	BOLD FACE denotes Committee Amendments. 1
	216	+	ENGR. S. J. R. NO. 34 Page 5 1
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253		-	confirmation by the Senate and the House of Representatives.
254		-	The measure would repeal Section 3 of Article 7-B which
255		-	established the Judicial Nominating Commission.
256	241		SHALL THE PROPOSAL BE APPROVED?
257	242		FOR THE PROPOSAL — YES _____________
258	243		AGAINST THE PROPOSAL — NO _____________
259	244		SECTION 3. The President Pro Tempore of the Senate shal l,
260	245		immediately after the passage of this resolution, prepare and file
261	246		one copy thereof, including the Ballot Title set forth in SECTION 2
262	247		hereof, with the Secretary of State and one copy with the Attorney
263	248		General.
	249	+	Passed the Senate the 12t h day of March, 2024.
264	250
265		-	COMMITTEE REPORT BY: COMMITT EE ON RULES, dated 04/09/2024 - DO PASS,
266		-	As Amended and Coauthored.
	251	+
	252	+
	253	+	Presiding Officer of the Senate
	254	+
	255	+
	256	+	Passed the House of Representatives the ____ day of __________,
	257	+	2024.
	258	+
	259	+
	260	+
	261	+	Presiding Officer of the House
	262	+	of Representatives
	263	+