Judiciary - Civil

 Rep. Erick Harris, R-Edmond, held an interim study on Wednesday examining Oklahoma's Judicial Nomination Commission (JNC).  IS-24-094 was held before the House Judiciary-Civil Committee. "The purpose of this interim study is solely to review the method we use in Oklahoma to select our judges, both district court and appellate judges," Harris said. "We've had several proposals over the past couple of years; this being my first year, there was one that received attention and brought up some questions to me as a freshman member and bar member." Jim Webb, former JNC Chairman, discussed the Judicial Nominating Committee's history, overview, and structure. Oklahoma's Judicial Nominating Commission was established in 1967 and started operating in 1969 in response to the Supreme Court Justice bribery scandal. The JNC has 15 members: six lawyers elected for six-year terms based on 1967 Congressional districts and nine non-lawyers appointed for various terms by the governor and legislative leaders, with limits on political party representation. Non-lawyers cannot have immediate family members who are lawyers. JNC members are prohibited from holding other public office or serving successive terms, with lawyers ineligible to become judicial candidates through the JNC for five years after serving. "It's designed to be as free from partisan influence as possible," Webb said. Applicants submit their applications to the Judicial Nominating Commission for a judicial office, which nominates three candidates for the governor to appoint. If the governor does not make an appointment within sixty days, the Chief Justice of the Oklahoma Supreme Court will make the appointment. Rick Johnson, a former Republican JNC lay member appointed by Governor Fallin in 2017, provided his insights on the role and responsibilities of a lay member within the JNC. The final speaker, Janet Johnson, executive director of the Oklahoma Bar Association, discussed how there are multiple systems for multiple levels of selection, highlighting how they are generally three categories: merit-based, appointment-based, and election-based. The merit-based selection, Missouri plan, considers applicants using a nonpartisan body first. Johnson said in Oklahoma, we adopted a Modified Missouri Plan, where we select district judges in nonpartisan elections for regular vacancies. Fourteen states, including Oklahoma, use the Missouri Plan for their State Supreme Court vacancies. Also, common here in Oklahoma, Johnson said, is appointments, where the governor appoints judges or justices after receiving a list from the JNC. Some states allow for legislative input; in Oklahoma, the Legislature has appointments to the JNC; in 14 states, nominees are subject to legislative confirmation. During the study, Harris and other members discussed possible reforms to the JNC. Harris ended the interim study, thanking everyone for their participation. Harris’ intent is to gather additional information on possible reforms with a goal to introduce legislation next session that modernizes the JNC. IS-24-094 can be viewed on the House website, OKHouse.gov, under the News & Media Tab. Click on Live Proceedings, and search Calendar-Day/Month for Oct. 9, then select the Judiciary-Civil Committee.

OKLAHOMA CITY – Rep. Ross Ford, R-Broken Arrow, this week passed legislation in the House that would allow police to review camera footage before completing reports or making statements regarding events while they are performing their official duties.  House Bill 3598 would require law enforcement agencies that utilize any type of camera system – including fixed security cameras in a police station or law enforcement office, vehicle mounted cameras, or body cameras worn by peace officers – to establish policies and procedures addressing the proper use, maintenance, and storage of the various cameras and the data recorded. The policies would be individual to each entity, but they must include guidelines that permit a peace officer to review the recorded data before writing a report or providing a statement about any event during performance of their official duties. "We're looking for accuracy," Ford said. Ford, a former police officer, said this would be akin to referring to notes taken at a crime scene before completing reports, or the same as allowing officers the ability to look at documents to refresh their memory before they go to court. The policies also must include guidelines regarding the proper release of audio and video data in compliance with the Oklahoma Open Records Act. Ford said he filed an amendment to the bill that specifies that any policy permitting review of recorded footage by a peace officer may not be used to delay or deny records requests or public access to recorded footage from such cameras. Ford also passed House Bill 3885 on the House floor. The measure would extend the amount of time municipal or district courts would have to file for misdemeanor warrants for a traffic citation when a defendant was released on personal recognizance but failed to appear in court and no arrangement was made with the court to satisfy the citation. The bill moves the requirement to file the warrant from 120 days to one year, giving municipalities and courts more time to obtain accurate records from Service Oklahoma. The measures now move to the Senate for consideration. 

Rep. Nicole Miller, R-Edmond, passed legislation ensuring the support of adults with cognitive impairments in Oklahoma through the House Judiciary – Civil Committee on Thursday.  House Bill 3667 requires that individuals applying for guardianship of an adult with a cognitive impairment complete specified training before being appointed as a guardian. Particularly, the training for Alzheimer's must encompass understanding the disease, communication techniques, and available resources.  "There are immense challenges faced by Alzheimer's patients and their caregivers. House Bill 3667 is a proactive effort to equip guardians with the necessary knowledge and resources to effectively care for adults with Alzheimer's or other dementias," Miller said. "By ensuring guardians are well informed about the disease and the support available to them, we can enhance the quality of care provided to these vulnerable individuals. Additionally, the disease-specific training helps to better prepare caregivers and reduces caregiver stress."  More than 70,000 Oklahomans live with Alzheimer's disease, and there are over 135,000 loved ones currently serving as caregivers.  HB3667 passed the committee unanimously on Thursday.