The Oklahoma Bar Journal May 2023

applications for vacancies on any court of record. The governor was given three names from which to choose. If the governor fails to appoint a nominee to a position within 60 days, the chief justice makes the selection. 27 Court reform proposals approved by voters more than a half-century ago have worked well. No scandal has touched members of the state’s highest courts. The judges selected, from district judges to Supreme Court justices, have furthered the goal

rule and take any action that will improve and facilitate the admin istration of justice in Oklahoma.” 25 To administer the court system, the constitutional amendments cre ated the administrative director of the courts to serve at the pleasure of the chief justice. Future Justice Marian Opala was chosen by the chief justice as the first “state court administrator.” Opala likened his role as the executive director of a corporation’s Board of Directors, made up of the nine members of the state’s highest court. 26

WHERE ARE WE NOW?

Since 2013, the Legislature has challenged the JNC with an apparent goal of a governor being allowed to appoint judges without any formal prescreening, which is now accomplished by the JNC with an in-person interview and an Oklahoma State Bureau of Investigation background check of applicants for judicial positions. 29 One of the fiercest attacks against our time-tested system of judicial independence came in 2022 in the form of Senate Joint Resolution 43. The resolution was a menagerie of ideas. The governor could appoint judges without any vetting. In a return to the old guard Democratic sys tem before court reform, district judges would run for office on a partisan basis and could actively ask for money. All appellate judges’ terms would end at the conclusion of their current term. The Legislature would control the practice of law and license lawyers in two catego ries: those who appear in court and those who work primarily in their office. Gone would be the active part the Oklahoma Bar Association plays in disciplining lawyers who violate the Code of Professional Conduct. 30 SJR 43 easily passed the state Senate but ran into opposition in the House of Representatives, where it failed by a single vote to be signed out of a committee to be considered by the full House. Former District Judge Bland of Pittsburg County offered a stark perspective of the effects of SJR 43 or similar legislation. Judge Bland served 22 years on the district court bench before becom ing chairman of the JNC. When the Oklahoma Council of Public

The Supreme Court historically convened in the courtroom at the Oklahoma State Capitol. Courtesy OSCN.

of judicial independence. Since we converted to a nonpartisan, mer it-selection Judicial Nominating Commission system, more than 300 trial and appellate judges have been appointed. The judi ciary has proved it can manage its own house. Several judges have resigned when requested to do so, and one judge was removed from office because of mental issues. 28

The new Judicial Article 7 of the state constitution authorized the Legislature to create inter mediate appellate courts. The Oklahoma Court of Appeals, now the Oklahoma Court of Civil Appeals, was created Jan. 1, 1971. Other reforms included district court judges being elected on a nonpartisan ballot for a four year term. The JNC would screen

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

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THE OKLAHOMA BAR JOURNAL