Oklahoma Judicial Nominating Commission
Encyclopedia
The Oklahoma Judicial Nominating Commission is the judicial nominating commission
of the U.S. state
of Oklahoma
. It selects potential justices and judges for gubernatorial
appointments for judge
s for state appellate court
s.
in 1907, the Governors had the power to appoint, with Senate
approval, anyone they wanted to any position within the judicial system that required gubernatorial appointment. This power extended to District Judges, Judges of the Oklahoma Court of Criminal Appeals, as well Justices of the Oklahoma Supreme Court
. However, during the 1960s, a growing desire to restrain the Governor’s executive power allowed for the adoption of a new method of selecting the judges and justices of the state’s highest courts.
On July 11, 1967, the Oklahoma Constitution was amended by State Question 447. 447 added Article 7B to the Constitution and created the Judicial Nominating Commission, originally consisting of 13 members. State Question 752 (adopted by the voters on November 2, 2010) amended the article by adding two additional members.
, the Oklahoma Court of Criminal Appeals
, or the Oklahoma Court of Civil Appeals
, the Commission screens a list of applicants that desire that job. Next, the Commission selected three qualified nominees and presents the names to the Governor. The Governor may then appoint one of the nominees to position with further approval not necessary. If the Governor fails to appoint a nominee to the position within sixty days, the Chief Justice of Oklahoma may make the selection.
The Commission’s power only extends to Oklahoma’s appellate courts. It can not influence the other judicial candidates. However, should there be an unexpected vacancy within the District Courts, the Commission may provide the same serve as it does for the higher courts.
The majority of Commission is “sufficient to decide any question”, unless otherwise specified by the Constitution. The Commission has jurisdiction to determine whether the qualifications of nominees to hold a judicial position have been met and to determine the existence of vacancies on the Commission.
, and the thirteenth selected at large by the other twelve. Of the six gubernatorial appointees, each one must come from a different Congressional District (as those districts existed in Oklahoma in 1967) and none are allowed to be a licensed attorney in Oklahoma. The 13th member is selected by an eight member majority, must not be a licensed attorney in Oklahoma or any state, but must be a resident of Oklahoma. In the event that the Commission can not reach a majority within thirty days, the Governor may select the at large member.
State Question 752 amended the Commission by adding two more at-large members. One member will be appointed by the Speaker of the Oklahoma House of Representatives
while the other will be appointed by the President Pro Tempore of the Oklahoma Senate
. The members may come from anywhere in Oklahoma and cannot be licensed attorneys.
Each member serves a staggered six year term. No person is eligible to immediately succeed themselves.
Judicial nominating commission
A judicial nominating commission in the United States, is a body used by some U.S. states to recommend or select potential justices and judges for appointments by state governments....
of the U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of Oklahoma
Oklahoma
Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...
. It selects potential justices and judges for gubernatorial
Governor of Oklahoma
The governor of the state of Oklahoma is the head of state for the state of Oklahoma, United States. Under the Oklahoma Constitution, the governor is also the head of government, serving as the chief executive of the Oklahoma executive branch, of the government of Oklahoma...
appointments for judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s for state appellate court
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
s.
History
At the adoption of the Oklahoma ConstitutionOklahoma Constitution
The Constitution of the State of Oklahoma is the governing document of the U.S. State of Oklahoma. Adopted in 1907, Oklahoma ratified the United States Constitution on November 16, 1907, as the 46th US State. At its ratification, the Oklahoma Constitution was the longest governing document of any...
in 1907, the Governors had the power to appoint, with Senate
Oklahoma Senate
The Oklahoma Senate is the upper house of the two houses of the Legislature of Oklahoma, the other being the Oklahoma House of Representatives. The total number of Senators is set at 48 by the Oklahoma Constitution....
approval, anyone they wanted to any position within the judicial system that required gubernatorial appointment. This power extended to District Judges, Judges of the Oklahoma Court of Criminal Appeals, as well Justices of the Oklahoma Supreme Court
Oklahoma Supreme Court
The Supreme Court of Oklahoma is one of the two highest judicial bodies in the U.S. state of Oklahoma and leads the Oklahoma Court System, the judicial branch of the government of Oklahoma....
. However, during the 1960s, a growing desire to restrain the Governor’s executive power allowed for the adoption of a new method of selecting the judges and justices of the state’s highest courts.
On July 11, 1967, the Oklahoma Constitution was amended by State Question 447. 447 added Article 7B to the Constitution and created the Judicial Nominating Commission, originally consisting of 13 members. State Question 752 (adopted by the voters on November 2, 2010) amended the article by adding two additional members.
Powers
The new method mandated by Article 7B states that in the event of a vacancy, for whatever reason, within the Oklahoma Supreme CourtOklahoma Supreme Court
The Supreme Court of Oklahoma is one of the two highest judicial bodies in the U.S. state of Oklahoma and leads the Oklahoma Court System, the judicial branch of the government of Oklahoma....
, the Oklahoma Court of Criminal Appeals
Oklahoma Court of Criminal Appeals
The Oklahoma Court of Criminal Appeals is one of the two highest judicial bodies in the U.S. state of Oklahoma and is part of the Oklahoma Court System, the judicial branch of the Oklahoma state government....
, or the Oklahoma Court of Civil Appeals
Oklahoma Court of Civil Appeals
The Oklahoma Court of Civil Appeals is an intermediate appellate court in the state of Oklahoma.Cases are assigned to it by the Oklahoma Supreme Court, the state's highest court for civil matters....
, the Commission screens a list of applicants that desire that job. Next, the Commission selected three qualified nominees and presents the names to the Governor. The Governor may then appoint one of the nominees to position with further approval not necessary. If the Governor fails to appoint a nominee to the position within sixty days, the Chief Justice of Oklahoma may make the selection.
The Commission’s power only extends to Oklahoma’s appellate courts. It can not influence the other judicial candidates. However, should there be an unexpected vacancy within the District Courts, the Commission may provide the same serve as it does for the higher courts.
The majority of Commission is “sufficient to decide any question”, unless otherwise specified by the Constitution. The Commission has jurisdiction to determine whether the qualifications of nominees to hold a judicial position have been met and to determine the existence of vacancies on the Commission.
Membership
The Commission currently consists of 13 members: 6 appointed by the Governor, 6 selected by the Oklahoma Bar AssociationBar association
A bar association is a professional body of lawyers. Some bar associations are responsible for the regulation of the legal profession in their jurisdiction; others are professional organizations dedicated to serving their members; in many cases, they are both...
, and the thirteenth selected at large by the other twelve. Of the six gubernatorial appointees, each one must come from a different Congressional District (as those districts existed in Oklahoma in 1967) and none are allowed to be a licensed attorney in Oklahoma. The 13th member is selected by an eight member majority, must not be a licensed attorney in Oklahoma or any state, but must be a resident of Oklahoma. In the event that the Commission can not reach a majority within thirty days, the Governor may select the at large member.
State Question 752 amended the Commission by adding two more at-large members. One member will be appointed by the Speaker of the Oklahoma House of Representatives
Speaker of the Oklahoma House of Representatives
The Speaker of the Oklahoma House of Representatives is the presiding officer of the lower house of the Oklahoma Legislature, the Oklahoma House of Representatives. The Speaker exercises administrative and procedural functions in the House, but most importantly remains a representative of his...
while the other will be appointed by the President Pro Tempore of the Oklahoma Senate
President pro tempore of the Oklahoma Senate
The President pro tempore of the Oklahoma Senate is the second-highest-ranking official of the Oklahoma Senate and the highest-ranking State Senator. The Oklahoma Constitution states the Lieutenant Governor of Oklahoma serves ex officio as President of the Senate, and is the highest-ranking...
. The members may come from anywhere in Oklahoma and cannot be licensed attorneys.
Each member serves a staggered six year term. No person is eligible to immediately succeed themselves.