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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE JOINT
RESOLUTION 9 By: Guthrie
AS INTRODUCED
A Joint Resolution directing the Secretary of State
to refer to the people for their approval or
rejection the repeal of Section 3 of Article VII-B of
the Oklahoma Constitution, which relates to the
Judicial Nominating Commission, and the proposed
amendment to Sections 1, 2, and 4 of Article VII-B of
the Oklahoma Constitution; modifying applicability of
certain provisions; modifying definition; adding
requirement for holding certain office; prohibiting
decrease of certain compensation; modifying certain
appointment procedure; requiring Senate confirmation
of certain judicial appointments; providing ballot
title; and directing filing.
BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE
1ST SESSION OF THE 60TH OKLAHOMA LEGISLATURE:
SECTION 1. The Secretary of State shall refer to the people for
their approval or rejection, as and in the manner provided by law,
the repeal of Section 3 of Article VII-B and the following proposed
amendment to Sections 1, 2, and 4 of Article VII-B of the Oklahoma
Constitution to read as follows:
Section 1. (a) The A. After November 5, 2025, the provisions
of this Article shall govern the selection and tenure of all
Justices of the Supreme Court and Judges of the Court of Criminal
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Appeals and the Court of Civil Appeals of the State of Oklahoma, to
which the provisions hereof may be extended as hereinafter provided,
other provisions of the Constitution or statutes of the State of
Oklahoma to the contrary notwithstanding, and the provisions of
Article VII as proposed by House Joint Resolution No. 508 of the
First Session of the Thirty-first Oklahoma Legislature to the
contrary notwithstanding.
(b) B. As used in this Section Article, “Judicial Office” means
the offices of Justice of the Supreme Court and Judges of the Court
of Criminal Appeals and Court of Civil Appeals and “Judicial
Officer” means a Justice or Judge of each such court, excluding
retired or supernumerary Justices or Judges.
Section 2. A. At the general election next before his or her
term expires, any Judicial Officer may seek retention in office by
filing with the Secretary of State, not less than sixty (60) days
before the date of such election, a declaration of candidacy to
succeed himself or herself. Thereupon, at such election, there
shall be submitted to the qualified electors of the State, on a
separate ballot, without party designation, this question:
“Shall (Here insert name of Justice or Judge) of (Here
insert the title of the court) be retained in Office?”
□ YES
□ NO
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The question shall be decided by a majority of those voting
thereon. If the decision is “yes” the Judicial Officer shall be
retained in office for the next ensuing six (6) year term. If the
decision is “no”, or if no declaration of candidacy is filed, the
office shall be vacant upon expiration of the term then being
served, and the former Judicial Officer shall not be eligible for
appointment to succeed himself or herself. Retention in office may
be sought for successive terms without limit as to number, except
for retirement as may be provided by the Legislature for a maximum
retirement age.
B. Subject to paragraph c of Section 11 of Article VII of the
Oklahoma Constitution, Judicial Officers appointed or retained
pursuant to this Article, after November 5, 2025, shall hold their
offices during good behavior, and shall, at stated times, receive
for their services, a compensation, which shall not be diminished
during their continuance in office.
Section 4. When a vacancy in any Judicial Office, however
arising, occurs or is certain to occur, the Judicial Nominating
Commission shall choose and submit to the Governor and the Chief
Justice of the Supreme Court three (3) nominees, each of whom has
previously notified the Commission in writing that he will serve as
a Judicial Officer if appointed. The the Governor shall appoint one
(1) of the nominees to fill the vacancy, but if he fails to do so
within sixty (60) days the Chief Justice of the Supreme Court shall
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appoint one (1) of the nominees, the appointment to be certified by
the Secretary of State nominate and, with the advice and consent of
the Senate, shall appoint all Judicial Officers. If the Senate is
not in session when a nomination is made, the Governor may call the
Senate into special session to advise and consent on any such
nomination.
SECTION 2. The Ballot Title for the proposed Constitutional
amendment as set forth in SECTION 1 of this resolution shall be in
the following form:
BALLOT TITLE
Legislative Referendum No. ____ State Question No. ____
THE GIST OF THE PROPOSITION IS AS FOLLOWS:
This measure would amend Article 7-B of the Oklahoma
Constitution. The measure would amend Sections 1, 2, and 4 of
Article 7-B to establish a new process for appointing Supreme
Court justices and judges of the Court of Criminal Appeals and
Court of Civil Appeals to reflect on the process established by
the United States Constitution. The Governor will nominate new
appellate justices and judges, subject to confirmation by the
Senate. Appellate justices and judges appointed or retained
after November 5, 2025, will serve during good behavior. The
measure would repeal Section 3 of Article 7-B which established
the Judicial Nominating Commission.
SHALL THE PROPOSAL BE APPROVED?
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FOR THE PROPOSAL — YES _____________
AGAINST THE PROPOSAL — NO _____________
SECTION 3. The President Pro Tempore of the Senate shall,
immediately after the passage of this resolution, prepare and file
one copy thereof, including the Ballot Title set forth in SECTION 2
hereof, with the Secretary of State and one copy with the Attorney
General.
60-1-1086 TEK 1/14/2025 3:54:53 PM