Election: Nov. 3, 2026 (General)
Outcome: Pending
Categories:
Judicial BranchState Question 845 would change the structure, terms, and rules that govern the Judicial Nominating Commission, the state body responsible for nominating state judges to the governor for appointment. The constitutional amendment would:
- require appointments and elections to the Judicial Nominating Commission be made in accordance with congressional districts as they are drawn when the appointment is made, as opposed to the existing practice of using the state congressional districts as they were drawn in 1967;
- allow commissioners to serve for a period of 12 consecutive years;
- remove a provision prohibiting certain members of the commission from being licensed attorneys;
- allow individuals to serve on the commission in any capacity, even if they have family members who are or were licensed attorneys; and
- remove the requirement that no more than three commissioners appointed by the governor be from the same political party and that no more than two at-large commissioners be from the same political party.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES AND THE SENATE 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 following proposed amendment to Section 3 of Article VII-B of
the Constitution of the State of Oklahoma to read as follows:
Section 3.
(a) There is established as a part of the Judicial Department a Judicial Nominating Commission of fifteen (15) members, to consist of:
(1) six members to be appointed by the Governor, which shall include at least one from each congressional district as such congressional districts exist as of the date of the appointment. Each member appointed pursuant to the provisions of this paragraph shall serve a term of six (6) years;
(2) six members, which shall include at least one from each congressional district as such
congressional districts exist as of the date of the selection who are, however, members of the Oklahoma Bar Association and who have been elected by the other active members of their district under procedures adopted by the Board of Governors of the Oklahoma Bar Association, until changed by statute. Each member appointed pursuant to the provisions of this paragraph shall serve a term of six (6) years; and
(3) three members at large each of whom shall be a resident of the State of Oklahoma, one to be
selected by not less than eight members of the Nominating Commission. In the event eight members of the Commission cannot agree upon the member at large within thirty (30) days of the initial organization of the Commission or within thirty (30) days of a vacancy in the member at large position, the Governor shall make the appointment of the member at large; one to be selected by the President Pro Tempore of the Senate; and one to be selected by the Speaker of the House of Representatives. Each member appointed pursuant to the provisions of this paragraph shall serve a term of two (2) years.
(b) The Commission shall elect one of its members to serve as chair for a term of one (1) year.
(c) All of the members of the Commission, whether elected or appointed, shall serve for a term of
six (6) years, except that the member at large shall serve for a term of two (2) years.
(d) Vacancies arising during the term of any lay commissioner, other than the member at large, shall be filled by appointment by the Governor for the remainder of his or her term. Vacancies in positions elected pursuant to the procedures established by the Oklahoma Bar Association shall be filled by the Board of Governors of the Oklahoma Bar Association for the remainder of the applicable term.
(e) In the event of vacancy in any of the member at large positions, the said vacancy shall be filled in the same manner as the original selection.
(f) The concurrence of the majority of Commissioners in office at the time shall be sufficient to decide any question, unless otherwise provided herein. The Commission shall have jurisdiction to determine whether the qualifications of nominees to hold Judicial Office have been met and to determine the existence of vacancies on the Commission.
(g) No Commissioner, while a member of the Commission, shall hold any other public office by election or appointment or any official position in a political party and he or she shall not be
eligible, while a member of the Commission and for five (5) years thereafter, for nomination as a Judicial Officer.
(h) Commissioners shall serve without compensation but the Legislature shall provide funds to reimburse them for their necessary travel and lodging expenses while performing their duties
as such Commissioners. No Commissioner shall serve more than twelve (12) consecutive years, whether elected or appointed.
(i) As used herein, the words "Oklahoma Bar Association" shall include any successor thereof and any future form of the organized Bar of this state.
(j) The modifications to the provisions of this section pursuant to Enrolled House Joint Resolution No. 1024 of the 1st Session of the 60th Oklahoma Legislature shall be applicable to any position on the Judicial Nominating Commission that ends by expiration of the term of office or by vacancy.
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 amends Section 3 of Article 7-B of the Oklahoma Constitution. It changes provisions related to the Judicial Nominating Commission. It updates references so appointments
made by certain persons based on the congressional districts
would be made using the current congressional districts instead
of the districts as the districts were constituted when this
section of the Constitution was originally adopted in 1967. It
removes a prohibition on certain members of the Commission so
that the person could be a licensed attorney. It allows a
person to serve on the Commission even if they have a member of
their family who is a licensed attorney. It changes the terms
so that with the exception of at-large members, the term would
be for six (6) years. The at-large members would serve a two year term. It removes restrictions based on political party membership. It removes a provision that prohibits a Commission
member from succeeding himself or herself on the Commission. It provides that the changes in the way people are appointed or selected for membership on the Judicial Nominating Commission
will apply to positions as they become vacant because an existing term of office expires or because of a vacancy.
SHALL THE PROPOSAL BE APPROVED?
FOR THE PROPOSAL YES _____________
AGAINST THE PROPOSAL NO _____________