SQ 845: To know history is to not repeat it (Policy Matters)

One of the darkest chapters in our state’s history shaped Oklahoma’s system for selecting judges. In the 1960s, a bribery scandal involving Oklahoma Supreme Court justices rocked the state’s judicial system, eroded public trust, and prompted Oklahomans to reconsider how the state should select judges for its highest courts. Now, nearly 60 years later, voters are being asked to consider changes to that system with State Question 845.

In 1967, Oklahoma voters approved reforms that established the Judicial Nominating Commission, a screening process intended to reduce political influence over judicial appointments.

The 15-member commission reviews applicants for certain judicial vacancies and recommends qualified candidates to the governor. The rules for serving on the commission were designed to ensure a range of perspectives while limiting the influence of political parties and lawyers.

SQ 845 would keep the commission and its basic role. But it would change several rules around who can serve on it.

Currently, no more than three of the governor’s six appointees can belong to the same political party. The commission’s three at-large members are also subject to party-balance requirements. SQ 845 would eliminate these restrictions, allowing all positions to be filled by members of the same political party.

The proposal would also remove restrictions preventing gubernatorial and at-large commissioners from being attorneys or having close family members who practice law. Additionally, commissioners could serve back-to-back terms for up to 12 years.

Supporters describe these changes as modernization. They argue that expanding eligibility would increase the pool of qualified candidates, while allowing commissioners to serve consecutive terms would help retain valuable experience. The measure would also update geographic representation to reflect Oklahoma’s current congressional districts.

Critics have a different concern. They worry that removing party-balance and professional rules could increase partisan influence and create potential conflicts of interest.

The history behind these protections is important. Oklahoma has already seen how corruption and political influence can undermine trust in our courts. The 1967 reforms were designed to prevent that history from repeating itself. Oklahoma voters should reject SQ 845 because it would weaken important safeguards and open the door to greater political influence over a process intended to prioritize qualifications over partisan interests.

ABOUT THE AUTHOR

Shiloh Kantz was named OK Policy's Executive Director in October 2022 following a national search. She first joined the organization in February 2010 serving in roles that included Director of Operations and Development, Deputy Director, and Interim Executive Director. Shiloh is a Rockwood Leadership Institute 2023 National Leading from the Inside Out Fellow, a member of the State Priorities Partnership Steering Committee, and a member of VEST, an organization dedicated to creating opportunities to achieve positions of power and influence for women leaders in the workplace. Prior to joining OK Policy, she worked as a controller for an Oklahoma small business group. She is a wife, mother of three, and a citizen of the Cherokee Nation.