OKPOLICY.ORG
Oklahoma is one of 39 states where voters have a role in selecting judges. On Nov. 5, 2024, Oklahoma voters will decide whether to retain three Supreme Court justices, three Court of Civil Appeals judges, and six Court of Civil Appeal judges.
Judicial elections usually don’t attract as much publicity as other races, but this year has been markedly different. Conservative dark money groups this year have targeted the three Supreme Court justices appointed by Democrat governors. These attack ads seek to shake up the composition of the state’s top court.
The ads are running in parallel to attempts to overhaul the state’s Judicial Nominating Commission, which was created in the 1960s following court scandals. The nonpartisan commission selects judicial nominees based on merit, rather than leaving appellate judicial selection up to a general election.
So we’re taking a look at how judges are chosen, what’s at stake in the elections, and how you can learn about the candidates.
What are the appellate courts in Oklahoma? And how are judges selected?
Oklahoma has three appellate courts, which are the courts that hear appeals of decisions by lower courts. The nine-member State Supreme Court has the last say in all civil matters, and it is often called on to decide important questions about the legality of acts of the Legislature or executive branch under the State Constitution. To keep its workload manageable, the Supreme Court hands off most cases to the Court of Civil Appeals, which consists of twelve judges divided into four panels. The five-member Court of Criminal Appeals is the court of last resort for criminal cases.
Appellate judges are first appointed by the governor from a list of three names of qualified individuals prepared by the Judicial Nominating Commission.
What is a retention ballot?
Unlike other state races, appellate judges do not have opponents, and their party affiliations aren’t listed on the ballot. Instead, voters cast a simple yes-or-no vote on whether the judge should be retained in office. Because their elections are not competitive, Oklahoma’s Code of Judicial Conduct does not allow appellate judges to raise campaign funds or establish campaign committees.
Judges need a simple majority to be retained. In the past, candidates for retention have tended to win with about two-thirds of the vote. No appellate judge has ever lost a retention election.
The Oklahoma Bar Association maintains a website where voters can learn about the justices and judges who will be on the ballot this year, read their biographies, and browse decisions they’ve authored. Ballotpedia also compiles information on judicial candidates’ education, background, and past decisions.
The Oklahoma Constitution provides that if an appellate judge does not receive a majority of “yes” votes, the office becomes vacant and the governor appoints a replacement. If the judge does not file for retention or is not retained by voters, the governor appoints a new judge. To ensure impartiality, appellate judges cannot be listed on the ballot by their political party. For the exact wording of the law regarding no political party affiliation, go to 20 O.S. ยง1404.1.
Which judges are on retention ballot this year?
Although their appointments may last for life, the judges of each court stand for reelection on six-year terms, which are staggered so that some portion of the state’s appellate judges will face reelection in every even-numbered year. This year, the voters will cast retention votes for:
- District 3 – Noma D. Gurich
- District 4 – Yvonne Kauger
- District 7 – James E. Edmondson
- District 1 – William J. Musseman
- District 4 – Scott Rowland
- District 5 – David B. Lewis
- District 2, Office 2 – James R. Huber
- District 4, Office 2 – Timothy J. Downing
- District 5, Office 1 – Thomas E. Prince
- District 5, Office 2 – Robert Bobby Bell
- District 6, Office 1 – E. Bay Mitchell, III
- District 6, Office 2 – Brian Jack Goree
How judges are limited in political campaigns
Judges hold an important and unique position. In Oklahoma, voters elect most judges. However, judges are unlike other elected officials, like the governor and lawmakers. They can announce their position on certain issues. Judges and lawyers who are judicial candidates are somewhat limited in what they can say or do during a judicial campaign. This is because our judicial system only functions correctly when a judge is fair, unbiased, and independent. The duty of a judge is to follow the law. Therefore, a statement by a judge or candidate about particular issues may conflict with their duties as a judge to fairly decide every case.
Conclusion
The Oklahoma State Election Board has compiled a list of candidates for every office and issue that will be on this year’s general election ballot on Nov. 5, 2024. With so many races on the general election ballot this year, voters have a lot on their plates. It can be easy for judicial elections to get lost in the shuffle.
While party labels help some Oklahomans make a decision when casting their votes, this is not the case for nonpartisan judicial elections and retention. For many, choosing to retain judges can feel like a game of eeny-meeny-miny-moe if you haven’t done your research. We expect our judges to make informed, deliberate decisions. We must do the same on Election Day.
