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Director, Metriarch
Our legislators make the laws, the executive branch (governor, AG, DAs) are responsible for enforcing the laws, and our judiciary has the important task of interpreting these laws and determining whether or not they are constitutional. Understanding how individuals gain access to the bench and knowing who is determining how, or if, a particular law should apply, is important.
There has been a lot of focus on the top of the ballot in November. What often gets buried during presidential elections are the important down ballot votes that are taking place.
What is a retention vote?
This year, Oklahomans get to decide whether or not to “retain” or allow certain appellate judges to maintain their current seats on the bench. The Oklahoma Supreme Court, Court of Criminal Appeals, and Court of Civil Appeals are called “appellate courts,” because they review cases decided by lower courts. Judges on these courts are referred to collectively as “appellate judges.”
How are appellate judges chosen?
In Oklahoma, all appellate judges are initially appointed by the governor. The governor receives a list of qualified potential judges prepared by the Judicial Nominating Committee (JNC).
The JNC is made up of 15 volunteer members; six lawyer members are elected by their peers – each representing one of Oklahoma’s six congressional districts. Six members of the JNC are appointed by the governor. The governor cannot appoint a lawyer or anyone with a lawyer in their family to the JNC. The governor also cannot appoint more than three members from the same political party. Each member appointed by the governor and the Oklahoma Bar Association serves a six-year term.
Three JNC seats, referred to as the “at-large members,” are appointed by the speaker of the House, president pro tem (“president” of the Senate), and the final seat is voted on by the other 14 appointed members of the JNC respectfully. Each at-large member of the JNC serves a two-year term and no more than two at-large members can be from the same political party.
Most lower court judges in Oklahoma currently still are elected.
This November, there are three supreme court justices, three criminal appeals judges and six civil appeal judges seeking retention. To date, no Oklahoma justice has lost a retention election.
How is a judge retained?
Once the governor appoints a supreme court justice, each justice must declare their candidacy for retention at the end of their respective term. Oklahoma supreme court judges serve six year terms. A retention vote can happen earlier if the justice was appointed to fill a vacancy created by the retirement of a justice.
Civil and criminal appellate court judges are also initially appointed by the governor, but are subject to a retention vote one year after appointment by the governor and then every six-years thereafter. Civil and criminal appellate court judges must declare their candidacy for retention at the end of their terms similar to the supreme court justices.
This November, there are three supreme court justices, three criminal appeals judges and six civil appeal judges seeking retention. To date, no Oklahoma justice has lost a retention election.
Why we care
Public health policy obviously is regulated by state law. Judges play an important role because they they decide what the law means.
Our legislators make the laws, the executive branch (governor, AG, DAs) are responsible for enforcing the laws, and our judiciary has the important task of interpreting these laws and determining whether or not they are constitutional. Understanding how individuals gain access to the bench and knowing who is determining how, or if, a particular law should apply, is important.
Every appointed and elected state official plays a critical role in the manner in which we provide care for all Oklahomans. We need to pay close attention to every vote sought on the ballot in November, especially judges seeking retention.
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