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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE JOINT
RESOLUTION NO. 34 By: Daniels, Bullard, Prieto,
Jett, Burns, and Hamilton
of the Senate
and
Lepak, West (Kevin), and
Kane of the House
COMMITTEE SUBSTITUTE
A Joint Resolution directing the Secretary of State
to refer to the people for th eir approval or
rejection the repeal of Section 3 of Article VII -B,
which relates to the Judicial Nominating Commission,
and the proposed amendment to Sectio ns 1, 2, and 4 of
Article VII-B of the Oklahoma Constitution; modifying
applicability of certain pr ovisions; modifying
definition; adding requirement for holding certain
office; modifying certain appointment procedure;
requiring confirmation of certain jud icial
appointments by Oklahoma State Senate and Oklahoma
House of Representatives ; providing ballot title; and
directing filing.
BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE
2ND SESSION OF THE 59TH OKLAHOMA LEGISLATURE:
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SECTION 1. The Secretary of State shall refer to the people for
their approval or rejecti on, as and in the manner provided by law,
the repeal of Section 3 of Article VII-B and the following proposed
amendment to Section s 1, 2, and 4 of Article VII-B of the Oklahoma
Constitution to read as follows:
Section 1. (a) The A. After November 5, 2024, the provisions
of this Article shall govern the selection and tenure of all
Justices of the Supreme Court and Judges of the Court of Criminal
Appeals and any intermediate appellate court of the State of
Oklahoma, to which the provisions hereof may be ex tended as
hereinafter provided, other prov isions of the Constitution or
statutes of the State of Oklahoma to the contrary notwithstanding,
and the provisions of Article VII as proposed by House Joint
Resolution No. 508 of the First Session of the Thirty -first Oklahoma
Legislature to the contrary notwithstanding.
(b) B. As used in this Section Article, “Judicial Office” means
the offices of Justice of the Supr eme Court and Judges of the Court
of Criminal Appeals and any intermediate appellate court and
“Judicial Officer” means a Justice or Judge of each such court,
excluding retired or supernumerary Justices or Ju dges.
Section 2. At the general election next b efore his or her term
expires, any Judicial Officer may seek retention in office by filing
with the Secretary of State, not l ess than sixty (60) days before
the date of such election, a declaration of candida cy to succeed
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himself. Thereupon, at such elect ion, there shall be submitted to
the qualified electors of the State, on a separate ballot, without
party designation, this question:
“Shall (Here insert name of Justice or Judge) of (Here
insert the title of the court) be retained in Office? ”
□ YES
□ NO
The question shall be decided by a majority of those voting
thereon. If the decision is “yes” the Judicial Officer shall be
retained in office for the next ensuing six (6) year term. If the
decision is “no”, or if no declaration of candidacy i s filed, the
office shall be vacant upon expiration of the term then being
served, and the former Judicial Officer shall not be eligible for
appointment to succeed himself. Retention in office may be sought
for successive terms without limit as to number, except for
retirement as may be provided by the Legislature for a maximum
retirement age.
Section 4. When a vacancy in any Judicial Office, however
arising, occurs or is certain to occur, the Judicial Nominating
Commission shall choose and submit to the Governor and the Chief
Justice of the Supreme Court three (3) nominees, each of whom has
previously notified the Commission in writing that he will serve as
a Judicial Officer if appointed. The the Governor shall appoint one
(1) of the nominees to fill the vacancy, but if he fails to do so
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within sixty (60) days the Chief Justice of the Supreme Court shall
appoint one (1) of the nominees, the appointment to be certified by
the Secretary of State nominate and, with the advice and consent of
the Senate and the House of Representatives, shall appoint all
Judicial Officers. If the Senate and the House of Representat ives
are not in session when a nomination is made, the Governor may call
the Legislature into special session to advise and consent on any
such nomination. Confirmation shall require an affirmative vote of
a majority of the members elected to and constituting the Senate and
an affirmative vote of a majority of the members elected to and
constituting the House of Representatives, respectively.
SECTION 2. The Ballot Title for the proposed Constitutional
amendment as set forth i n SECTION 1 of this resolution shall be in
the following form:
BALLOT TITLE
Legislative Referendum No. ____ State Question No. ____
THE GIST OF THE PROPOSITION I S AS FOLLOWS:
This measure would amend Article 7-B of the Oklahoma
Constitution. The measure would amend Sections 1, 2, and 4 of
Article 7-B to establish a new process for appointing Supreme
Court justices and judges of the Court of Criminal Appeals and
any intermediate appellate court to resemble the process
established by the United States Constit ution. The Governor
will nominate new appellate justices and judges, subject to
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confirmation by the Senate and the House of Representatives.
The measure would repeal Section 3 of Article 7-B which
established the Judicial Nominating Commission.
SHALL THE PROPOSAL BE APPROVED?
FOR THE PROPOSAL — YES _____________
AGAINST THE PROPOSAL — NO _____________
SECTION 3. The President Pro Tempore of th e Senate shall,
immediately after the passage of this resolution, prepare and file
one copy thereof, including the Ballot Title set forth in SECTION 2
hereof, with the Secretary of State and one copy with the Attorney
General.
COMMITTEE REPORT BY: COMMITT EE ON RULES, dated 04/09/2024 - DO PASS,
As Amended and Coauthored.