STATE OF OKLAHOMA

1st Session of the 54th Legislature (2013)

SENATE JOINT
RESOLUTION 23	By:	Sykes

AS INTRODUCED

A Joint Resolution directing the Secretary of State to refer to the people for their approval or rejection the repeal of Section 3 of Article VII-B, which relates to the Judicial Nominating Commission, and the proposed amendment to Section 4 of Article VII-B of the Oklahoma Constitution; modifying certain appointment procedure; requiring Senate confirmation of certain judicial appointments; providing ballot title; and directing filing.

BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE 1ST SESSION OF THE 54TH 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 repeal of Section 3 and the following proposed amendment to Section 4 of Article VII-B of the Oklahoma Constitution to read as follows:
Section 4.  When a vacancy in any Judicial Office, however arising, occurs or is certain to occur, the Judicial Nominating Commission shall choose and submit to the Governor and the Chief Justice of the Supreme Court three (3) nominees, each of whom has previously notified the Commission in writing that he will serve as a Judicial Officer if appointed.  The the Governor shall appoint one (1) of the nominees nominate a qualified candidate to fill the vacancy, but if he fails to do so within sixty (60) days the Chief Justice of the Supreme Court shall appoint one (1) of the nominees, the appointment to.  The nominee's qualifications shall be certified by the Secretary of State.  After such certifications, the nominees must be confirmed by the Senate prior to assuing the office.  If the Senate is not in session when a candidate is nominated, the Governor may call the Senate into special session no more than once per year to confirm any such nominations.
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 would amend the Oklahoma Constitution.  It would repeal Section 3 of Article 7-B.  It would amend Section 4 of Article 7-B.  This section provides for filling vacancies for judicial officers.  The Governor will nominate candidates, whose qualifications must be certified by the Secretary of State.  Such nominations will require Senate confirmation.  Special sessions of the Senate for this purpose could be called no more than quarterly.
SHALL THE PROPOSAL BE APPROVED?
FOR THE PROPOSAL — YES	_____________
AGAINST THE PROPOSAL — NO 	_____________
SECTION 3.  The President Pro Tempore of the Senate shall, immediately after the passage of this resolution, prepare and file one copy thereof, including the Ballot Title set forth in SECTION 2 hereof, with the Secretary of State and one copy with the Attorney General.

54-1-316	CD	1/17/2013 9:43:10 AM