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Req. No. 729 Page 1
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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 118 By: Howard
AS INTRODUCED
An Act relating to judicial officers; requiring
Supreme Court to establish the Judicial Performance
Evaluation Council; requiring the Supreme Court to
establish the Office of Judicial Performance
Evaluation within the Administrative Office of the
Courts; stating purposes of judicial evaluation
process; establishing duties of Judicial Performance
Evaluation Council; requiring certain examination by
Supreme Court upon receipt of certain report;
requiring appointment of director of Office of
Judicial Performance Evaluation by Supreme Court;
requiring hiring of employees for certain purpose;
requiring certain operational support; authorizing
hiring of outside vendor for certain purposes;
requiring adoption and administration of certain
process by Supreme Court; requiring establishment of
court rules for certain purposes; requiring
distribution of rules to certain officials; providing
for confidentiality of certain information; providing
exception; providing for waiver of right to
confidentiality under certain circumstances;
requiring certain information to be publicly
available; authorizing certain referrals to Council
on Judicial Complaints; requiring annual report of
judicial performance evaluation program; specifying
information for inclusion in certain report;
requiring distribution of report to certain
officials; requiring posting of report on certain
website; providing for codification; and providing an
effective date.
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BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1671 of Title 20, unless there
is created a duplication in numbering, reads as follows:
A. Under the general administrative authority over all courts
in this state granted pursuant to Section 6 of Article VII of the
Oklahoma Constitution, the Supreme Court shall establish:
1. The Judicial Performance Evaluation Council (JPEC) to
administer the process for reviewing the performance of judicial
officers; and
2. The Office of Judicial Performance Evaluation within the
Administrative Office of the Courts to assist JPEC in administration
of the judicial performance evaluation process.
B. The purposes of the judicial evaluation process are to:
1. Provide information on judicial performance to the people of
this state and judges in the courts of this state;
2. Assist judges with opportunities for improving judicial
performance;
3. Identify necessary judicial education programs; and
4. Promote goals of protecting judicial independence while
fostering public accountability of the judiciary.
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SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1672 of Title 20, unless there
is created a duplication in numbering, reads as follows:
The Supreme Court shall establish a Judicial Performance
Evaluation Council (JPEC) which shall administer the process for
reviewing the performance of judicial officers. JPEC shall review
survey results according to the judicial performance standards
established by Supreme Court Rules and compile a report. Such
report shall be provided to the Chief Justice for distribution to
the Supreme Court. Upon receipt of the JPEC report, the Supreme
Court shall conduct a comprehensive, de novo examination to
determine whether each individual judge has sufficiently met or has
failed to sufficiently meet judicial performance standards.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1673 of Title 20, unless there
is created a duplication in numbering, reads as follows:
A. The Supreme Court shall appoint a director of the Office of
Judicial Performance Evaluation (OJPE) within the Administrative
Office of the Courts. The director shall hire one or more employees
to assist the Judicial Performance Evaluation Council in
administration of the judicial performance evaluation process as
defined by Supreme Court Rules. The Administrative Office of the
Courts shall provide operational support to the OJPE employees.
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B. The OJPE Director may hire an outside vendor to assist in
the administration and management of the surveys established for
evaluation of judicial performance.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1674 of Title 20, unless there
is created a duplication in numbering, reads as follows:
A. The Supreme Court shall adopt and administer a process
established by Supreme Court Rules for evaluation of judicial
performance for all intermediate appellate judges and district court
judges. Such rules shall include written performance standards and
performance reviews which survey opinions of persons who have
knowledge of the performance of the judge and shall include self-
evaluation by the judge. A copy of the rules required by this
subsection shall be made available to the Governor, the President
Pro Tempore of the Senate, and the Speaker of the House of
Representatives.
B. The Supreme Court shall establish rules for improving
judicial performance and may include programs determined to be
appropriate for judges who need improvement in meeting judicial
evaluation standards. A copy of the rules required by this
subsection shall be made available to the Governor, the President
Pro Tempore of the Senate, and the Speaker of the House of
Representatives.
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C. Information received from the evaluation surveys shall
remain confidential except as provided in this section. If a
judicial officer fails to achieve an overall satisfactory judicial
evaluation by the Supreme Court in the second of two consecutive
evaluations or purposely fails to complete assigned programs or the
self-evaluation, the right to confidentiality of such judicial
officer shall be waived and the failure of such judicial officer to
meet the standards set forth in Supreme Court Rules shall be made
publicly available on the Supreme Court website.
D. At any time, the Supreme Court may refer an evaluation
report to the Council on Judicial Complaints.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 1675 of Title 20, unless there
is created a duplication in numbering, reads as follows:
Beginning December 31 of the year following the effective date
of this act, the Supreme Court shall prepare an annual report on the
implementation of the judicial performance evaluation program. The
annual report shall include, but not be limited to, the number of
evaluations performed for each level of judicial officers, the
percentage of responses received, and a summary of the overall
evaluation results and of all actions taken to address inadequacies
and deficiencies. The Supreme Court shall distribute the report
electronically to the Governor, the President Pro Tempore of the
Senate, the Speaker of the House of Representatives, and the
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chairpersons of the Senate and House committees with jurisdiction
over matters related to the Supreme Court. The annual report on
judicial performance evaluation shall be posted on the Supreme Court
website.
SECTION 6. This act shall become effective November 1, 2025.
60-1-729 TEK 12/26/2024 4:59:02 PM