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.
