STATE OF OKLAHOMA

2nd Session of the 54th Legislature (2014)

HOUSE BILL 3379	By:	Shannon

AS INTRODUCED

An Act relating to courts; amending 20 O.S. 2011, Section 30.16, which relates to the Court of Civil Appeals; providing term limits for Judges of the Court of Civil Appeals; providing that certain years of service are not included in the term limitation; providing for incumbent Judges; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     20 O.S. 2011, Section 30.16, is amended to read as follows:
Section 30.16  A.  At the General Election next before a term expires, any Judge of the Court of Civil Appeals may seek retention in office by filing with the Secretary of State, not less than sixty (60) days before the date of the election, a declaration of candidacy to succeed himself or herself.  At the election, there shall be submitted to the qualified electors of the state, on a separate ballot, without party designation, this question:
"Shall (Here insert name of Judge) of the Court of Civil Appeals be retained in Office?"
□ YES
□ NO
The question shall be decided by a majority of those voting thereon.  If the decision is "yes" the Judge shall be retained in office for the next ensuing six-year term.  If the decision is "no", or if no declaration of candidacy is filed, the office shall be vacant upon expiration of the term then being served, and the former Judge shall not be eligible for appointment to succeed himself or herself.  Retention in office may be sought for successive terms without limit as to number subject to the limitations provided in subsection B of this section, except for retirement as may be provided by the Legislature for a maximum retirement age.
B.  Any Judge of the Court of Civil Appeals appointed or retained by retention ballot on or after November 1, 2014, shall be eligible to serve no more than twelve (12) years as a Judge of the Court of Civil Appeals.  Years served as a Judge of the Court of Civil Appeals need not be consecutive.  The years served by any Judge of the Court of Civil Appeals appointed to serve less than a full term shall not be included in the twelve-year limitation; but no Judge of the Court of Civil Appeals who has completed twelve (12) years as a Judge of the Court of Civil Appeals shall thereafter be eligible to serve a partial term as a Judge of the Court of Civil Appeals.  Any individual serving as a Judge of the Court of Civil Appeals on November 1, 2014, shall be entitled to serve his or her term and shall be eligible to serve an additional twelve (12) years.
SECTION 2.  This act shall become effective November 1, 2014.

54-2-9798	SD	01/15/14