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An Act
ENROLLED HOUSE
BILL NO. 3941 By: Kane of the House
and
Hall of the Senate
An Act relating to district courts; amending 20 O.S.
2021, Section 125, as last amended by Section 4,
Chapter 316, O.S.L. 2025 (20 O.S. Supp. 2025, Section
125), which relates to secretary-bailiffs; modifying
annual salary of secretary-bailiffs; providing an
effective date; and declaring an emergency.
SUBJECT: District courts
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 20 O.S. 2021, Section 125, as last
amended by Section 4, Chapter 316, O.S.L. 2025 (20 O.S. Supp. 2025,
Section 125), is amended to read as follows:
Section 125. A. In all counties of the state there is created
the office of secretary-bailiff for district judges and associate
district judges, and a secretary-bailiff for business court judges,
with each such secretary-bailiff to be appointed by order of the
district judge, associate district judge, or business court judge to
serve at the will of the appointing judge. The Chief Justice of the
Supreme Court shall approve by administrative directive the number
and assignments of secretary-bailiffs in all counties of the state.
Each secretary-bailiff shall be paid a salary pursuant to the salary
schedule established by the annual appropriation for the district
courts and in accordance with the job description for the position
to which appointed. For fiscal year 2023 2027 and each fiscal year
thereafter, each secretary-bailiff shall receive an annual salary
equal to the greater of Forty-two Thousand Dollars ($42,000.00) or
eighty percent (80%) of the maximum salary payable to a law
enforcement level 5 officer as determined by the applicable Oklahoma
Law Enforcement Pay Structure. In each business court division, the
business court judge may appoint a law clerk, who shall be an
ENR. H. B. NO. 3941 Page 2
attorney licensed or eligible to become licensed to practice law in
this state, to serve at the will of the appointing judge with an
annual salary to be set by the Chief Justice. In every county of
the state each district judge and each associate district judge,
including business court judges in counties with a business court
division, may by order appoint additional necessary court personnel
subject to the approval of the Chief Justice. A part-time bailiff
shall be paid out of the court fund of the county where appointed at
the rate set by administrative directive for each hour that such
person actually attends the court and performs services, or a pro
rata fraction thereof for less than an hour of service.
Notwithstanding any other provision of law, each district judge and
associate district judge may contract with the sheriff of the county
to allow a deputy sheriff to provide bailiff service to the court.
B. With the approval of the presiding judge, a special judge
may appoint a secretary-bailiff or other personnel in accordance
with the administrative order of the Chief Justice.
C. No judge shall engage more than one full-time secretary-
bailiff at any given time except only during the progress of a jury
trial, when a part-time bailiff may be engaged subject to the
approval of the Chief Justice. In the latter event, no more than
one additional bailiff shall be engaged to take charge of the jury.
The costs of meals and lodging of bailiffs ordered to keep a jury
together during the process of a trial or after the jury retires for
deliberation shall be lawfully paid from the court fund.
D. A district judge who sits regularly in more than one county
may employ only one full-time secretary-bailiff in the judicial
district of the judge, and in any other county of the district the
judge may engage a bailiff only on a part-time basis when such judge
sits in the county as a judge pursuant to the procedures set forth
by the Chief Justice in the administrative directive. The cost of
the operation of the office of a district judge of a multi-county
judicial district, including the purchase of equipment and supplies,
may be apportioned among the counties of that judicial district, or
appropriate division of that district, based upon the percentage of
revenue collected by the courts of the district.
E. The Administrative Director of the Courts shall develop and
promulgate job descriptions, salary schedules and time-keeping forms
for part-time bailiff personnel. The Chief Justice of the Supreme
Court, through the Office of the Administrative Director of the
ENR. H. B. NO. 3941 Page 3
Courts, shall promulgate rules for the compensation for overtime for
all secretary-bailiff and part-time bailiff personnel employed.
F. Persons employed by a county that does not meet the
requirements of Section 951 of Title 19 of the Oklahoma Statutes,
and who serve as full-time secretary-bailiffs or full-time bailiffs
shall be eligible to participate in the state retirement system and
state insurance programs and any other benefits as are provided to
state employees in the unclassified service. All part-time bailiff
personnel shall be compensated by the local court fund.
G. On October 1, 1989, the position of full-time bailiff shall
be redesignated as the position of secretary-bailiff in accordance
with the job descriptions, salary schedules, and procedures approved
by the Chief Justice. Additional secretary-bailiff positions shall
be created as funding and employee positions are available.
Counties shall be allowed to provide additional support personnel to
the judges sitting in such counties to the extent that funding is
available.
H. Any secretary-bailiff who is certified by the Council on Law
Enforcement Education and Training (CLEET) as a basic peace officer
shall have and exercise all the powers and authority of a peace
officer. The Office of the Administrative Director of the Courts
shall promulgate rules which prescribe the duties for all CLEET-
certified secretary-bailiffs. The provisions of this subsection
will not entitle a CLEET-certified secretary-bailiff to participate
in the Oklahoma Police Pension and Retirement System.
SECTION 2. This act shall become effective July 1, 2026.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
ENR. H. B. NO. 3941 Page 4
Passed the House of Representatives the 6th day of May, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the 28th day of April, 2026.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________