'Don't D.C. my Oklahoma': OK House rejects attempt to dissolve Judicial Nominating Commission

Oklahoma Democrats and Republicans can hardly agree on the same topic, but they did Tuesday morning when killing a bill that would dismantle the Judicial Nominating Commission.

OKLAHOMA CITY (KFOR)- Oklahoma Democrats and Republicans can hardly agree on the same topic, but they did Tuesday morning when killing a bill that would dismantle the Judicial Nominating Commission.

Representative Mark Lepak (R-Claremore) is a co-author on Senate Joint Resolution 34. He told lawmakers on the House floor Tuesday morning he's been wanting to re-write how Justices in Supreme Court, Court of Criminal Appeals, Court of Civil Appeals and the Workers’ Compensation Court are chosen.

Currently, the Judicial Nominating Commission (JNC) established in the late 1960s, is comprised of 15 unelected individuals, nearly half of whom are appointed directly by members of the Oklahoma Bar Association.

Those 15 members are to interview and vet up to three candidates when there's a judicial vacancy. Those three candidates then go to the Governor for final selection.

If the governor declines to select from the list of three names, the Supreme Court’s chief justice makes the choice from the same list.

The state Legislature currently has no role in the process, other than appointing two members to the JNC.

With SJR34, it would have placed a question on the statewide ballot this November to amend Oklahoma’s Constitution to repeal the JNC and replace it with the U.S. Constitution’s method for judicial appointments.

"This is simply changing to a more transparent method of vetting by people who are held accountable for everything they say and do," said Rep. Lepak.

Rep. Lepak told lawmakers the legislature and the Governor should be the only ones to vet judicial candidates and he'd want it to be more public.

However, SJR34 - as noted by Representative Andy Fugate (D-OKC) - does not include any amended language to ensure the nomination process is more open and public.

"How do you know whether or not the questions are being asked by the JNC?," asked Rep. Lepak.

"Perhaps you could instead propose that transcripts of those questions and answers be provided to the legislature," responded Representative Forrest Bennett (D-OKC).

"Are we afraid of that responsibility? Are you afraid Mr. Speaker?," asked Rep. Lepak.

Rep. Lepak said the change in the nomination process does not stem from any political motivation, but that he doesn't believe the Oklahoma Bar Association should have 6/15 of the Judicial Nominating Commission votes.

Oklahoma’s current method of judicial selection involving the Judicial Nominating Commission is the most transparent, efficient and cost-effective method of choosing highly qualified and independent judges and justices to serve our state. Justice for all requires an impartial and unbiased judiciary that is free from political influence. The OBA stands firm in its belief that the JNC is the best model for accomplishing those aims.

This year, the Oklahoma Bar Association Board of Governors has unanimously voted to oppose SJR 34, which aims to dismantle the JNC in favor of the federal model of partisan political appointments. Simply comparing our state’s highly successful system with the way judges are picked in Washington D.C. shows the Oklahoma standard to be far more efficient and effective. We cannot ignore the real-world evidence demonstrating our state’s superiority in this area.

Miles Pringle, 2024 Oklahoma Bar Association President

Former University of Oklahoma Head Football Coach Barry Switzer was a member of the Judicial Nominating Commission and has even said he opposes the legislation.

“Despite having the best system in the country the legislature now wants to throw out that system and add politics to the process. SJR 34 will remove the people from the judicial selection process and allow the governor to pick the new judge and have politicians approve the choice. There is simply nothing good about that idea.” Switzer said in a news release.

After two hours of back and forth discussion, SJR34 was killed in a 36-60 vote.

"I don't want to D.C. my Oklahoma," said Representative Anthony Moore (R-Clinton).

"Don't D.C. my Oklahoma," said Rep. Fugate.

Rep. Lepak said he may bring SJR34 up again sometime during this regular session.