1| STATE OF OKLAHOMA |
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2| 1st Session of the 59th Legislature (2023) |
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3|SENATE JOINT |
|RESOLUTION 18 By: Dahm |
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6| AS INTRODUCED |
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7| A Joint Resolution directing the Secretary of State |
| to refer to the people for their approval or |
8| rejection the repeal of Section 3 of Article VII-B, |
| which relates to the Judicial Nominating Commission, |
9| and the proposed amendment to Section 4 of Article |
| VII-B of the Oklahoma Constitution; modifying certain |
10| appointment procedure; requiring Senate confirmation |
| of certain judicial appointments; providing ballot |
11| title; and directing filing. |
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14|BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE |
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15|1ST SESSION OF THE 59TH OKLAHOMA LEGISLATURE: |
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16| SECTION 1. The Secretary of State shall refer to the people for |
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17|their approval or rejection, as and in the manner provided by law, |
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18|the repeal of Section 3 and the following proposed amendment to |
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19|Section 4 of Article VII-B of the Oklahoma Constitution to read as |
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20|follows: |
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21| Section 4. When a vacancy in any Judicial Office, however |
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22|arising, occurs or is certain to occur, the Judicial Nominating |
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23|Commission shall choose and submit to the Governor and the Chief |
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24|Justice of the Supreme Court three (3) nominees, each of whom has |
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Req. No. 1172 Page 1
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1|previously notified the Commission in writing that he will serve as |
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2|a Judicial Officer if appointed. The the Governor shall appoint one |
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3|(1) of the nominees a nominee to fill the vacancy, but if he fails |
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4|to do so within sixty (60) days the Chief Justice of the Supreme |
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5|Court shall appoint one (1) of the nominees, the appointment to be |
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6|certified by the Secretary of State and to be confirmed by the |
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7|Senate. If the Senate is not in session when an appointment is |
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8|made, the Governor may call the Senate into special session no more |
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9|than once per quarter to advise and consent on any such appointment. |
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10| SECTION 2. The Ballot Title for the proposed Constitutional |
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11|amendment as set forth in SECTION 1 of this resolution shall be in |
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12|the following form: |
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13| BALLOT TITLE |
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14|Legislative Referendum No. ____ State Question No. ____ |
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15|THE GIST OF THE PROPOSITION IS AS FOLLOWS: |
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16| This measure would amend Article 7-B of the Oklahoma |
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17| Constitution. The measure would repeal Section 3 of Article |
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18| 7-B which created the Judicial Nominating Commission. The |
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19| measure would amend Section 4 of Article 7-B to establish a |
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20| process for appointing Supreme Court justices and Court of |
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21| Criminal Appeals judges. The Governor will appoint new judges |
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22| and justices, subject to confirmation by the Senate. Appellate |
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23| judges will stand for retention elections every 6 years as they |
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24| do under current law. |
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Req. No. 1172 Page 2
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1| SHALL THE PROPOSAL BE APPROVED? |
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2| FOR THE PROPOSAL YES _____________ |
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3| AGAINST THE PROPOSAL NO _____________ |
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4| SECTION 3. The President Pro Tempore of the Senate shall, |
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5|immediately after the passage of this resolution, prepare and file |
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6|one copy thereof, including the Ballot Title set forth in SECTION 2 |
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7|hereof, with the Secretary of State and one copy with the Attorney |
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8|General. |
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10| 59-1-1172 TEK 1/19/2023 4:37:04 PM |
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Req. No. 1172 Page 3