State Question 845: Changes to Judicial Nominating Commission

State Question 845 will be on the ballot statewide on November 3, 2026. 

The gist

State Question 845 would change the rules for Oklahoma’s 15-member Judicial Nominating Commission, which reviews candidates for certain judicial vacancies. It would update geographic representation to use current congressional districts and remove limits on how many commissioners can be attorneys, have immediate family members who practice law, or belong to the same political party. It would also change commissioners’ term lengths, allow members to serve up to 12 consecutive years, and adjust how the commission’s three at-large members are chosen. These changes would take effect as current seats open up or become vacant.

What SQ 845 would change

• Would remove requirements that appointed JNC members be from different political parties
• Would remove restrictions on politicians appointing lawyers or people related to lawyers to the JNC (this includes out of state lawyers)
• Would modernize geographic representation requirements to be in line with modern congressional districts
• Would allow JNC members to serve consecutive terms, up to a total of 12 years

Supporters say

• The changes will allow more lawyers to serve on the commission.
• Changes to term limits will allow people with institutional knowledge to stay on.
• The changes to geographic requirements will align with modern-day congressional districts.

Opponents say

• The changes will likely make the JNC more partisan, leading to a potentially more polarized court system.
• The removal of restrictions around attorneys and their families could open the door for conflicts of interest.
• The current safeguards exist to prevent judicial corruption, which has happened before in Oklahoma.

Background Information

The Oklahoma Legislature passed House Joint Resolution 1024 during the 2026 Legislative Session, which created SQ 845. This measure would change the rules governing the make-up of the Judicial Nominating Commission (JNC).

The JNC was created in 1967 through SQ 447. Voters approved these judicial reforms following a major bribery scandal involving the Oklahoma Supreme Court. The goal was to add a screening step between politics and appointments to the state’s top courts.

The JNC serves to nominate candidates for certain judicial positions in the state of Oklahoma for the governor to appoint. These positions include vacancies in the Supreme Court of Oklahoma, the Court of Criminal Appeals, the Court of Civil Appeals. If a District or Associate District Judgeship becomes vacant outside of a normal election cycle, the JNC will provide nominations to the governor to appoint. 

Under the current rules, the JNC has 15 members: six are appointed by the governor, six are appointed by the Oklahoma Bar Association, one is appointed by the Speaker of the Oklahoma House of Representatives, one is appointed by the Senate President Pro Tempore, and one is appointed by other JNC members. The six members appointed by the governor and six members appointed by the Oklahoma Bar Association are required to represent different geographical areas of the state, with at least one member from each group representing each congressional district. The three remaining members serve at-large. The members appointed by the governor and the Oklahoma Bar Association serve six-year terms and can serve up to two non-consecutive terms. The at-large members appointed by the Speaker, President Pro tem, and the other JNC members serve two year terms that cannot be consecutive. 

Of the six members appointed by the governor, no more than three can belong to any one political party. Of the three at-large members, no more than two can belong to any one political party. Except for the members chosen by the Oklahoma Bar Association, no other members of the JNC can be an attorney. In 2010, voters approved SQ 752, which created the two at-large positions appointed by the House and Senate leaders. It also created the requirement that all members not appointed by the Oklahoma Bar Association cannot have an immediate family member who is an attorney. This was to help reduce conflicts of interest.

Ballot Language

This measure amends article 7-B, section 3 of the Oklahoma Constitution, changing the Judicial Nominating Commission’s structure. Currently appointments are based on congressional districts as constituted in 1967. If approved, appointments to the fifteen-member Commission will be as follows: 1) Governor appoints six members, including one from each congressional district as of the time of their appointment; 2) the Oklahoma Bar Association appoints six members, including one from each congressional district as of the date of selection; and 3) no less than eight members select three at-large members. The measure will permit any number of the commissioners to be licensed attorneys in Oklahoma or another state. The prohibition against immediate family members from practicing law will be removed. The measure changes terms so that at-large commissioners would serve a two-year term, and all other commissioners would serve a six-year term. Additionally, it removes restrictions on political party membership for members appointed by the Governor and at-large members. The measure also permits a commissioner to succeed himself or herself. Vacancies will be filled in the same manner as a commissioner is appointed or selected for the remainder of the relevant term. This measure will not have a fiscal impact.

SHALL THE PROPOSAL BE APPROVED? 

⃞  FOR THE PROPOSAL – YES (A “YES” vote is a vote in favor of this measure.)

⃞  AGAINST THE PROPOSAL – NO (A “NO” vote is a vote against this measure.)

Constitutional Amendment Language

The ballot measure would amend the Oklahoma Constitution by adding a new Section 6 to Article III to read as follows: 

Section 3.

(a) There is established as a part of the Judicial Department a Judicial Nominating Commission of fifteen (15) members, to consist of:

(1) six members to be appointed by the Governor, which shall include at least one from each congressional district established by the Statutes of Oklahoma and existing at the date of the adoption of this Article, none of whom shall be admitted to practice law in the State of Oklahoma or have any immediate family member who has been admitted to the practice of law in the State of Oklahoma or any other state as such congressional districts exist as of the date of the appointment. Each member appointed pursuant to the provisions of this paragraph shall serve a term of six (6) years;

(2) six members, which shall include at least one from each congressional district established by the Statutes of Oklahoma and existing at the date of the adoption of this Article as such congressional districts exist as of the date of the selection who are, however, members of the Oklahoma Bar Association and who have been elected by the other active members of their district under procedures adopted by the Board of Governors of the Oklahoma Bar Association, until changed by statute. Each member appointed pursuant to the provisions of this paragraph shall serve a term of six (6) years; and

(3) three members at large who shall not have been admitted to the practice of law in the State of Oklahoma or any other state or have any immediate family member who has been admitted to the practice of law in the State of Oklahoma or any other state but who each of whom shall be a resident of the State of Oklahoma, one to be selected by not less than eight members of the Nominating Commission. In the event eight members of the Commission cannot agree upon the member at large within thirty (30) days of the initial organization of the Commission or within thirty (30) days of a vacancy in the member at large position, the Governor shall make the appointment of the member at large; one to be selected by the President Pro Tempore of the Senate; and one to be selected by the Speaker of the House of Representatives. No more than two members at large shall belong to any one political party. Each member appointed pursuant to the provisions of this paragraph shall serve a term of two (2) years.

(b) The Commission shall elect one of its members to serve as chair for a term of one (1) year.

(c) The six lay members of the Commission who are appointed by the Governor shall be appointed within ninety (90) days from the date that this Article becomes effective. Two members shall be appointed for a term of two (2) years, two members for a term of four (4) years, and two members for a term of six (6) years. The Oklahoma Bar Association shall hold its election and certify to the Secretary of State its members within ninety (90) days from the effective date of this Article, two of whom shall be elected for a term of two (2) years, two for a term of four (4) years, and two for a term of six (6) years. Thereafter all All of the members of the Commission, whether elected or appointed, shall serve for a term of six (6) years, except that the member at large shall serve for a term of two (2) years.

(b) (d) Vacancies arising during the term of any lay commissioner, other than the member at large, shall be filled by appointment by the Governor for the remainder of his or her term. Vacancies of any lawyer commissioner in positions elected pursuant to the procedures established by the Oklahoma Bar Association shall be filled by the Board of Governors of the Oklahoma Bar Association for the remainder of his or her the applicable term.

(c) (e) In the event of vacancy in any of the member at large position positions, the said vacancy shall be filled in the same manner as the original selection.

(d) Of those Commissioners named by the Governor, not more than three shall belong to any one political party.

(e) (f) The concurrence of the majority of Commissioners in office at the time shall be sufficient to decide any question, unless otherwise provided herein. The Commission shall have jurisdiction to determine whether the qualifications of nominees to hold Judicial Office have been met and to determine the existence of vacancies on the Commission.

(f) (g) No Commissioner, while a member of the Commission, shall hold any other public office by election or appointment or any official position in a political party and he or she shall not be eligible, while a member of the Commission and for five (5) years thereafter, for nomination as a Judicial Officer.

(g) (h) Commissioners shall serve without compensation but the Legislature shall provide funds to reimburse them for their necessary travel and lodging expenses while performing their duties as such Commissioners.

(h) No Commissioner shall be permitted to succeed himself or herself serve more than twelve (12) consecutive years, whether elected or appointed.

(i) As used herein, the words “Oklahoma Bar Association” shall include any successor thereof and any future form of the organized Bar of this state.

(j) The modifications to the provisions of this section pursuant to Enrolled House Joint Resolution No. 1024 of the 2nd Session of the 60th Oklahoma Legislature shall be applicable to any position on the Judicial Nominating Commission that ends by expiration of the term of office or by vacancy.