In a significant move to ensure the impartiality of Oklahoma’s judiciary, ten state lawmakers have called on members of the Judicial Nominating Commission (JNC) to focus on legal qualifications rather than political affiliations when selecting nominees for the Oklahoma Supreme Court.
Background on the Judicial Nominating Commission (JNC)
The JNC is a 15-member body responsible for vetting and recommending candidates for judicial appointments to the state’s highest courts.
Established to maintain an apolitical and transparent selection process, the commission operates privately, conducting interviews and deliberations behind closed doors without public meetings or disclosed voting records.
This confidentiality has raised concerns about transparency and potential partisan influences.
Recent Call for Impartiality
On March 4, 2025, ten lawmakers—five from the Oklahoma House of Representatives and five from the Oklahoma Senate—addressed a letter to the JNC, urging members to prioritize candidates with strong judicial competence, unwavering commitment to justice, and the highest ethical standards.
They emphasized the importance of selecting nominees based on legal merit rather than political considerations.
The legislators highlighted that the recent vacancy on the Oklahoma Supreme Court resulted from voters choosing not to retain Justice Yvonne Kauger, marking a historic shift in the state’s judicial landscape.
They stressed that the JNC’s nominations should reflect this change by upholding the Constitution and restoring public trust in the judicial system.
Proposed Reforms to the Judicial Selection Process
Beyond urging the JNC to focus on legal qualifications, some lawmakers are advocating for structural changes to the judicial selection process.
Senate Joint Resolution 6 and House Joint Resolution 1024 propose replacing the current JNC system with a model similar to the federal process. This would involve the governor nominating justices and appellate judges, subject to confirmation by the state Senate, aiming to increase transparency and accountability.
Critics, however, express concerns that such reforms could further politicize judicial appointments, potentially undermining the judiciary’s independence.
Composition and Concerns of the JNC
The JNC comprises 15 members, with six appointed by the Oklahoma Bar Association.
Public records indicate that many of these appointees have historically directed significant portions of their campaign donations to Democratic candidates, raising questions about the commission’s ability to select nominees aligned with conservative judicial philosophies, especially when a Republican governor is in office.
Statements from Key Lawmakers
Senator Brent Howard (R-Altus), who spearheaded the initiative, remarked:
“Oklahomans are tired of appointed judges playing politics from the bench and ignoring the rule of law.”
Senate Majority Floor Leader Julie Daniels (R-Bartlesville) added:
“We believe it is important for the JNC to promote nominees who will make decisions based on what the law says—not what they would like it to say.”
The recent actions by Oklahoma lawmakers reflect a concerted effort to reform the state’s judicial selection process, aiming to balance transparency, accountability, and the preservation of judicial independence.
As debates continue over the most effective and impartial method for selecting justices, the focus remains on ensuring that the judiciary serves the interests of justice above political considerations.