Judicial Retention Election

Oklahoma is one of 39 states where voters have a role in selecting judges. While judges to the Oklahoma Supreme Court, Court of Criminal Appeals, and Court of Civil Appeals – known collectively as appellate judges – are appointed initially by the Governor based on recommendations from the Judicial Nominating Commission, their continued service is subject to being approved in a judicial retention election held every six years. These election are staggered so that some portion of the state’s appellate judges will face reelection at the time of the November general election in every even-numbered year.

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.

The Oklahoma Constitution provides that if an appellate judge does not file for retention or receive a majority of “yes” votes, the office becomes vacant and the Governor appoints a replacement based on a list of candidates proposed by the Judicial Nominating Committee. In Oklahoma history, no judge had been defeated in a retention election until 2024. That year, the judicial election campaign saw outside groups spend millions of dollars promoting and opposing an effort to defeat three sitting Supreme Court justices deemed as too liberal. Following that effort, Justice Yvonne Kauger was defeated after falling just short (49.8 percent) of the majority she needed to be retained. The two other Supreme Court justices were narrowly retained, as were three Court of Criminal Appeals judges and six Court of Civil Appeals judges, all by healthier margins.