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Oklahoma House Bill HJR1024

Oklahoma 2025 Regular Session

Oklahoma House Bill HJR1024 Compare Versions

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3-ENGR. H. J. R. NO. 1024 Page 1 1
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28-ENGROSSED HOUSE
29-JOINT
29+HOUSE OF REPRESENTATIVES - FLOOR VERSION
30+
31+STATE OF OKLAHOMA
32+
33+1st Session of the 60th Legislature (2025)
34+
35+COMMITTEE SUBSTITUTE
36+FOR
37+HOUSE JOINT
3038 RESOLUTION NO. 1024 By: Moore and Harris of the
3139 House
3240
3341 and
3442
3543 Gollihare of the Senate
3644
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47+
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49+COMMITTEE SUBSTITUTE
3950
4051 A Joint Resolution directing the Secretary of State
4152 to refer to the people for their approval or
4253 rejection a proposed amendment to Section 3 of
4354 Article VII-B of the Constitution of the State of
4455 Oklahoma; updating references to congressional
4556 districts; modifying provisions related to terms of
4657 office; removing restrictions based on membership in
4758 political party; removing restrictions based upon
4859 status as licensed attorney; removing restriction
4960 based upon status of family members as licensed
5061 attorneys; removing restriction related to succession
5162 in office; prescribing procedures related to changes
5263 in congressional districts; providing for
5364 applicability of amendatory provisions; providing
5465 ballot title; and directing filing.
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6071 BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE OF THE
6172 1ST SESSION OF THE 60TH OKLAHOMA LEGISLATURE:
62-SECTION 1. The Secretary of State shall re fer to the people for
63-their approval or rejection, as and in the manner provided by law,
64-the following proposed amendment to Section 3 of Article VII -B of
65-the Constitution of the State of Oklahoma to read as follows:
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100+SECTION 1. The Secretary of State shall refer to the people for
101+their approval or rejection, as and in the manner provided by law,
102+the following proposed amendment to Section 3 of Article VII -B of
103+the Constitution of the State of Oklahoma to read as follows:
92104 Section 3. (a) There is established as a part of the Judicial
93105 Department a Judicial Nominating Commission of fifteen (15) members,
94106 to consist of:
95107 (1) six members to be appointed by the Governor, which shall
96108 include at least one from each congressional district established by
97109 the Statutes of Oklahoma and existing at the date of the adoption of
98110 this Article, none of whom shall be admitted to practice law in the
99111 State of Oklahoma or have any immediate family member who has been
100112 admitted to the practice of law in the State of Oklahoma or any
101113 other state as such congressional districts exist as of the date of
102114 the appointment. Each member app ointed pursuant to the provisions
103115 of this paragraph shall serve a term of six (6) years ;
104116 (2) six members, which shall include at least one from each
105117 congressional district established by the Statutes of Oklahoma and
106118 existing at the date of the adoption of this Article as such
107119 congressional districts exist as of the date of the selection who
108120 are, however, members of the Oklahoma Bar Association and who have
109121 been elected by the other active members of their district under
110122 procedures adopted by the Board of G overnors of the Oklahoma Bar
111123 Association, until changed by statute . Each member appointed
112-pursuant to the provisions of this paragraph shall serve a term of
113-six (6) years; and
114-(3) three members at large who shall not have been admitted to
115-the practice of law in the State of Oklahoma or any other state or
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151+pursuant to the provisions of this paragraph shall serve a term of
152+six (6) years; and
153+(3) three members at large who shall not have been admitted to
154+the practice of law in the State of Oklahoma or any other state or
142155 have any immediate family member who has been admitted to the
143156 practice of law in the State of Oklahoma or any other state but who
144157 each of whom shall be a resident of the State of Oklahoma, one to be
145158 selected by not less than eight members of the Nominating
146159 Commission. In the event eight members of the Commission cannot
147160 agree upon the member at large within thirty (30) days of the
148161 initial organization of the Commission or within thirty (30) days of
149162 a vacancy in the member at large position, the Governor shall make
150163 the appointment of the member at large; one to be selected by the
151164 President Pro Tempore of the Senate; and one to be selected by the
152165 Speaker of the House of Representatives. No more than two memb ers
153166 at large shall belong to any one political party. Each member
154167 appointed pursuant to the provisions of this paragraph shall serve a
155168 term of two (2) years.
156169 (b) The Commission shall elect one of its members to serve as
157170 chair for a term of one (1) year.
158171 (c) The six lay members of the Commission who are appointed by
159172 the Governor shall be appointed within ninety (90) days from the
160173 date that this Article becomes effective. Two members shall be
161174 appointed for a term of two (2) years, two members for a term o f
162-four (4) years, and two members for a term of six (6) years. The
163-Oklahoma Bar Association shall hold its election and certify to the
164-Secretary of State its members within ninety (90) days from the
165-effective date of this Article, two of whom shall be elected for a
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202+four (4) years, and two members for a term of six (6) years. The
203+Oklahoma Bar Association shall hold its election and certify to the
204+Secretary of State its members within ninety (90) days from the
205+effective date of this Article, two of whom shall be ele cted for a
192206 term of two (2) years, two for a term of four (4) years, and two for
193207 a term of six (6) years. Thereafter all All of the members of the
194208 Commission, whether elected or appointed, shall serve for a term of
195209 six (6) years, except that the member at large shall serve for a
196210 term of two (2) years.
197211 (b) (d) Vacancies arising during the term of any lay
198212 commissioner, other than the member at large, shall be filled by
199213 appointment by the Governor for the remainder of his or her term.
200214 Vacancies of any lawyer commissioner in positions elected pursuant
201215 to the procedures established by the Oklahoma Bar Association shall
202216 be filled by the Board of Governors of the Oklahoma Bar Association
203217 for the remainder of his or her the applicable term.
204218 (c) (e) In the event of vacancy in any of the member at large
205219 position positions, the said vacancy shall be filled in the same
206220 manner as the original selection.
207221 (d) Of those Commissioners named by the Governor, not more than
208222 three shall belong to any one political party.
209223 (e) (f) The concurrence of the majority of Commissioners in
210224 office at the time shall be sufficient to decide any question,
211225 unless otherwise provided herein. The Commission shall have
212-jurisdiction to determine whether the qualifications of nominees to
213-hold Judicial Office have been met and to determine the existence of
214-vacancies on the Commission.
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253+jurisdiction to determine whether the qualifications of nominees to
254+hold Judicial Office have been met and to determine the existence of
255+vacancies on the Commission.
241256 (f) (g) No Commissioner, while a member of the Commission,
242257 shall hold any other public office by election or appointment or any
243258 official position in a political part y and he or she shall not be
244259 eligible, while a member of the Commission and for five (5) years
245260 thereafter, for nomination as a Judicial Officer.
246261 (g) (h) Commissioners shall serve without compensation but the
247262 Legislature shall provide funds to reimburse th em for their
248263 necessary travel and lodging expenses while performing their duties
249264 as such Commissioners.
250265 (h) No Commissioner shall be permitted to succeed himself or
251-herself serve more than twelve (12) consecutive years, whether
252-elected or appointed .
266+herself No Commissioner shall serve more than twelve (12)
267+consecutive years, whether elect ed or appointed.
253268 (i) As used herein, the words "Oklahoma Bar Association" shall
254269 include any successor thereof and any future form of the organized
255270 Bar of this state.
256271 (j) The modifications to the provisions of this section
257272 pursuant to Enrolled House Joint Resolution No. 1024 of the 1st
258273 Session of the 60th Oklahoma Legislature shall be applicable to any
259274 position on the Judicial Nominating Commission that ends by
260275 expiration of the term of office or by vacancy.
261-SECTION 2. The Ballot Title for the proposed Constitutional
262-amendment as set forth in SECTION 1 of this resolution shall be in
263-the following form:
264-BALLOT TITLE
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303+SECTION 2. The Ballot Title for the proposed Constitutional
304+amendment as set forth in SECTION 1 of this resolution shall be in
305+the following form:
306+BALLOT TITLE
291307 Legislative Referendum No. ____ State Question No. ____
292308 THE GIST OF THE PROPOSITION IS AS FOLLOWS:
293309 This measure amends Section 3 of Article 7-B of the Oklahoma
294310 Constitution. It changes provisions related to the Judicial
295311 Nominating Commission. It updates references so appointments
296312 made by certain persons based on the congressional districts
297313 would be made using the current congres sional districts instead
298314 of the districts as the districts were constituted when this
299315 section of the Constitution was originally adopted in 1967. It
300316 removes a prohibition on certain members of the Commission so
301317 that the person could be a licensed attorney . It allows a
302318 person to serve on the Commission even if they have a member of
303319 their family who is a licensed attorney. It changes the terms
304320 so that with the exception of at -large members, the term would
305321 be for six (6) years. The at -large members would s erve a two-
306322 year term. It removes restrictions based on political party
307323 membership. It removes a provision that prohibits a Commission
308324 member from succeeding himself or herself on the Commission. It
309325 provides that the changes in the way people are appoint ed or
310326 selected for membership on the Judicial Nominating Commission
311-will apply to positions as they become vacant because an
312-existing term of office expires or because of a vacancy.
313-SHALL THE PROPOSAL BE APPROVED?
314-FOR THE PROPOSAL — YES _____________
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354+will apply to positions as they become vacant because an
355+existing term of office expires or because of a vacancy.
356+SHALL THE PROPOSAL BE APPROVED?
357+FOR THE PROPOSAL — YES _____________
341358 AGAINST THE PROPOSAL — NO _____________
342359 SECTION 3. The Chief Clerk of the House of Representatives,
343360 immediately after the passage of this resolution, shall prepare and
344361 file one copy thereof, including the Ballot Title set forth in
345362 SECTION 2 hereof, with the Secretary of State and one copy with the
346363 Attorney General.
347-Passed the House of Representatives the 12th day of March, 2025.
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352- Presiding Officer of the House
353- of Representatives
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356-Passed the Senate the ____ day of __________, 2025.
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361- Presiding Officer of the Senate
365+COMMITTEE REPORT BY: COMMITTEE ON RULES, dated 03/05/2025 - DO PASS,
366+As Amended and Coauthored.
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