Req. No. 1825 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 60th Legislature (2025) COMMITTEE SUBSTITUTE FOR SENATE JOINT RESOLUTION 6 By: Paxton COMMITTEE SUBSTITUTE A Joint Resolution directing the Secretary of State to refer to the people for their approval or rejection the repeal of Section 3 of Article VII -B of the Oklahoma Constitution, which relates to the Judicial Nominating Commission, and the proposed amendment to Sections 1, 2, and 4 of Article VII -B of the Oklahoma Constitution; modifying applicabi lity of certain provisions; modifying definition; adding requirement for holding certain office; prohibiting decrease of certain compensation; modifying certain appointment procedure; requiring Senate confirmation of certain judicial appointments; updating language; making language gender neutral; providing ballot title; and directing filing . BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE 1ST SESSION OF THE 60TH 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 repeal of Section 3 of Article VII -B and the following proposed amendment to Sections 1, 2, and 4 of Article VII -B of the Oklahoma Constitution to read as follows: Req. No. 1825 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Section 1. (a) The A. On or after the effective date of this resolution, 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 the Court of Civil Appeals of the State of Oklahoma, to which the provisions hereof may be extended as hereinafter provided, other provisions 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 Supreme Court and Ju dges of the Court of Criminal Appeals and Court of Civil Appeals and “Judicial Officer” means a Justice or Judge o f each such court, excluding retired or supernumerary Justices or Judges. Section 2. A. At the general election next before his or her term expires, any Judicial Officer may seek retention in office by filing with the Secretary of State, not less than sixty (60) days before the date of such election, a declaration of candidacy to succeed himself or herself. Thereupon, at such election, th ere shall be submitted to the qualified electors of the State this state, on a separate ballot, without party designation, this question: Req. No. 1825 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 “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 six-year term. If the decision is “no”, or if no declaration of candidacy is 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 or herself. 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. B. Subject to subsection (c) of Section 11 of Article VII of the Oklahoma Constitution, Judicial Officers appointed or retained pursuant to this Article on or after the effective date of this resolution shall hold their offices during good behavior, and shall, at stated times, receive a compensation for their services which shall not be diminished during their continuance in office. 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 Req. No. 1825 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 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, shall appoint a Judicial Officer. If the Senate is not in session when a nomination is made, the Governor may call t he Senate into special session to advise and consent on any such nomination. SECTION 2. The Ballot Title for the proposed 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 PROPOSITION IS AS FOLLOWS: This measure would amend Article 7 -B of the Oklahoma Constitution. The me asure 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 Court of Civil Appeals to reflect the process established by the United States Constitution. Judicial Officers appointed or retained after the effective date of this resolution will serve during good behavior. The Governor will nominate new Judicial Req. No. 1825 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Officers, subject to confirmation by the Senate. The measure would repeal Section 3 of Article 7 -B, which established the Judicial Nominating Commission. SHALL THE PROPOSAL BE A PPROVED? 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, 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. 60-1-1825 TEK 3/5/2025 9:52:02 AM