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SAY NO
TO OKLAHOMA SJR21
SPONSORED BY THE OKLAHOMA BAR ASSOCIATION
1. The current system works. Since the Judicial Nominating
Commission (JNC) was instituted, there have been
no accusations of scandal in the JNC. If passed, SJR21
replaces a system free from corruption and returns us to a system that
has proven to be corrupt.
2. This bill eliminates OBA participation in JNC elections of attorney
members and changes those positions into appointees of
the Speaker of the House of Representatives and the
President Pro Tempore of the Senate. Currently six OBA
members are elected by district pursuant to Art. 7 B of the Oklahoma
Constitution, based on the six congressional districts as they existed in 1967.
The language of Art. 7 B of the Oklahoma Constitution allows the election
procedure to be determined by the OBA Board of Governors. It appears the
BOG procedure maybe changed by statute; however, there is a real question
if the entire selection process set forth in the Constitution can be changed by
statute as attempted in SJR21.
3. Gives Speaker and Pro Tem the attorney appointments
that by Constitution are given to the OBA to elect.
4. The bill may be unconstitutional in that it takes away properly
elected attorney commissioners from the OBA and it removes those
attorneys serving during their terms of office. All current JNC members would
be removed on Nov. 1, 2014.
5. Gives the Speaker and Pro Tem eight total votes of the
15 members. Speaker and Pro Tem already have one appointment each.
Neither the Speaker nor the Pro Tem is a lawyer. They potentially will make
appointments based on advice and/or requests from lobbyist, contributors
and political friends.
6. No requirement for political party variation with
new appointees as proposed in SJR 21, in contrast to the
Governor’s appointees.
7. Term limits have Speakers and Pro Tems often looking to their next
job or political race after leaving the legislature.
8. The current system has the OBA elected JNC members in staggered
six-year terms (two every other year). In SJR21 the terms are not
staggered so one speaker and one Pro Tem could appoint
all. Few Speakers or Pro Tems serve six years. A new Speaker or Pro Tem
could ask people to resign and the JNC would have instability. Speakers and
Pro Tems usually serve two to four years.
9. The Speaker and Pro Tem are not statewide elected officials and very
well would not have knowledge of lawyers statewide. The
appointments would more than likely be political. The
current system allows lawyers in their area to elect a lawyer they know
and trust. A powerful Speaker, Pro Tem or Governor can in effect control
the whole selection process.
10. The Speaker and the Pro Tem would have no
requirement to consult with anyone on the appointments.
There is no vetting process here as with an election or a nominating
commission. This bill takes the vetting process out of selecting the lawyer
members of the nominating commission. The primary goal to vet qualified
candidates for judicial office will be destroyed by this political bill. Lay
members who depend on the lawyers’ advice would now get political
advice not legal advice. There is a likelihood lawyer appointees will be OBA
members who do not practice law or appear in court regularly.
11. This bill puts the entire judicial selection process in
the hands of three people, the Governor, the Speaker and the
President Pro Tem of the Senate. Very close to the old days of political
appointments. These elected officials work in a political environment and are
often dependent on each other. The independently elected lawyers are not
obligated to any party or political deal.
12. No one, including the Senate author of the bill, can point to a problem
with the current system.
Sign the petition.
Call upon your Oklahoma Legislature and Governor
to uphold the rule of law and not allow SJR
to be signed into law.
http://goo.gl/o3RKWX
Contact your representative.
Tell them to vote NO on SJR21. To find who
your representatives are, visit
www.oklegislature.gov/FindMyLegislature.aspx
WHAT YOU CAN DO
WHAT’S THE CONCERN?
Object Description
Description
| Title | SayNo 1 |
| Full text | SAY NO TO OKLAHOMA SJR21 SPONSORED BY THE OKLAHOMA BAR ASSOCIATION 1. The current system works. Since the Judicial Nominating Commission (JNC) was instituted, there have been no accusations of scandal in the JNC. If passed, SJR21 replaces a system free from corruption and returns us to a system that has proven to be corrupt. 2. This bill eliminates OBA participation in JNC elections of attorney members and changes those positions into appointees of the Speaker of the House of Representatives and the President Pro Tempore of the Senate. Currently six OBA members are elected by district pursuant to Art. 7 B of the Oklahoma Constitution, based on the six congressional districts as they existed in 1967. The language of Art. 7 B of the Oklahoma Constitution allows the election procedure to be determined by the OBA Board of Governors. It appears the BOG procedure maybe changed by statute; however, there is a real question if the entire selection process set forth in the Constitution can be changed by statute as attempted in SJR21. 3. Gives Speaker and Pro Tem the attorney appointments that by Constitution are given to the OBA to elect. 4. The bill may be unconstitutional in that it takes away properly elected attorney commissioners from the OBA and it removes those attorneys serving during their terms of office. All current JNC members would be removed on Nov. 1, 2014. 5. Gives the Speaker and Pro Tem eight total votes of the 15 members. Speaker and Pro Tem already have one appointment each. Neither the Speaker nor the Pro Tem is a lawyer. They potentially will make appointments based on advice and/or requests from lobbyist, contributors and political friends. 6. No requirement for political party variation with new appointees as proposed in SJR 21, in contrast to the Governor’s appointees. 7. Term limits have Speakers and Pro Tems often looking to their next job or political race after leaving the legislature. 8. The current system has the OBA elected JNC members in staggered six-year terms (two every other year). In SJR21 the terms are not staggered so one speaker and one Pro Tem could appoint all. Few Speakers or Pro Tems serve six years. A new Speaker or Pro Tem could ask people to resign and the JNC would have instability. Speakers and Pro Tems usually serve two to four years. 9. The Speaker and Pro Tem are not statewide elected officials and very well would not have knowledge of lawyers statewide. The appointments would more than likely be political. The current system allows lawyers in their area to elect a lawyer they know and trust. A powerful Speaker, Pro Tem or Governor can in effect control the whole selection process. 10. The Speaker and the Pro Tem would have no requirement to consult with anyone on the appointments. There is no vetting process here as with an election or a nominating commission. This bill takes the vetting process out of selecting the lawyer members of the nominating commission. The primary goal to vet qualified candidates for judicial office will be destroyed by this political bill. Lay members who depend on the lawyers’ advice would now get political advice not legal advice. There is a likelihood lawyer appointees will be OBA members who do not practice law or appear in court regularly. 11. This bill puts the entire judicial selection process in the hands of three people, the Governor, the Speaker and the President Pro Tem of the Senate. Very close to the old days of political appointments. These elected officials work in a political environment and are often dependent on each other. The independently elected lawyers are not obligated to any party or political deal. 12. No one, including the Senate author of the bill, can point to a problem with the current system. Sign the petition. Call upon your Oklahoma Legislature and Governor to uphold the rule of law and not allow SJR to be signed into law. http://goo.gl/o3RKWX Contact your representative. Tell them to vote NO on SJR21. To find who your representatives are, visit www.oklegislature.gov/FindMyLegislature.aspx WHAT YOU CAN DO WHAT’S THE CONCERN? |
| Date created | 2014-06-30 |
| Date modified | 2014-06-30 |