Legislation Impacting Municipal Courts
There are some concerns on the practical impact of SJR43. Full text is located at the end of this email. SJR 43 eliminates the constitutionally created limited jurisdiction of municipal courts by repealing Article 7 and would potentially leave municipal courts to be completely created and governed by statute. That could create issues. Omitting the highlighted text below in Article 7 creates a huge concern for Municipal Courts. If omitted, this may allow the State to decide what municipal courts can or can’t prosecute and/or preside over. If it’s something the District Courts don’t want to handle, they may be able to send it to a Municipal Court to preside over the case. This could be a divorce, criminal, civil, victim protective order or any other cases they deem appropriate.
Please review and provide your thoughts as soon as possible. Also reach out to your legislators to voice concerns if applicable. Feel free to send copies my way. - Daniel
Oklahoma
Oklahoma Constitution
Article 7 - Judicial Department
Section Article 7 section 1 - Courts in which judicial power vested
Cite as: O.S. §, __ __
§ 1. Courts in which judicial power vested.
The judicial power of this State shall be vested in the Senate, sitting as a Court of Impeachment, a Supreme Court, the Court of Criminal Appeals, the Court on the Judiciary, the State Industrial Court, the Court of Bank Review, the Court of Tax Review, and such intermediate appellate courts as may be provided by statute, District Courts, and such Boards, Agencies and Commissions created by the Constitution or established by statute as exercise adjudicative authority or render decisions in individual proceedings. Provided that the Court of Criminal Appeals, the State Industrial Court, the Court of Bank Review and the Court of Tax Review and such Boards, Agencies and Commissions as have been established by statute shall continue in effect, subject to the power of the Legislature to change or abolish said Courts, Boards, Agencies, or Commissions. Municipal Courts in cities or incorporated towns shall continue in effect and shall be subject to creation, abolition or alteration by the Legislature by general laws, but shall be limited in jurisdiction to criminal and traffic proceedings arising out of infractions of the provisions of ordinances of cities and towns or of duly adopted regulations authorized by such ordinances.
FULL TEXT OF THE SJR
Bill Number: OK58RSJR 43
HOUSE FLOOR VERSION
HOUSE OF REPRESENTATIVES - FLOOR VERSION
1 STATE OF OKLAHOMA
2 2nd Session of the 58th Legislature (2022)
3 ENGROSSED SENATE
4 JOINT
5 RESOLUTION NO. 43 By: Treat, Bullard, Jett, and
6 Bergstrom of the Senate
7 and
8 Lepak of the House
9 [ repeal of Article VII and Article VII-B - addition]
10 [of a new Article VII-C to the Oklahoma Constitution]
11 [courts - requirements for Supreme Court and Court of]
12 [Criminal Appeals - jurisdiction of courts]
13 [gubernatorial appointment of justices and judges]
14 [Senate confirmation - effective date - ballot title]
15 [filing ]
16 RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE
17 2ND SESSION OF THE 58TH OKLAHOMA LEGISLATURE:
18 SECTION 1. The Secretary of State shall refer to the people for
19 their approval or rejection, as and in the manner provided by law,
20 the following proposed amendment to the Constitution of Oklahoma,
21 the repeal of Articles VII and VII-B and the addition of a new
22 Article VII-C to read as follows:
23 ARTICLE VII-C
24 JUDICIAL DEPARTMENT
1
1 Section 1. The judicial power of this state shall be vested in
2 the Senate, sitting as a Court of Impeachment, a Supreme Court, a
3 Court on the Judiciary, a Court of Criminal Appeals, and such
4 inferior courts as the Legislature may from time to time ordain and
5 establish. The Judges of the Supreme Court, the Court of Criminal
6 Appeals, and inferior courts, shall hold their offices during good
7 behavior and for terms of office as specified in this article or by
8 statute, and shall, at stated times, receive for their services, a
9 compensation, which shall not be diminished during their continuance
10 in office.
11 Section 2. The Supreme Court shall consist of a Chief Justice
12 and eight Associate Justices, until such number is changed by
13 statute. Each Justice shall be from a separate district of the
14 state, and judicial districts shall remain as presently constituted
15 until otherwise provided by statute. Five members of the court
16 shall constitute a quorum. The Court on the Judiciary shall consist
17 as provided in Article VII-A. The Court of Criminal Appeals shall
18 consist of a Chief Judge and four associate judges, until such
19 number is changed by statute. Three members of the court shall
20 constitute a quorum. The judges of all other inferior courts
21 including courts of general jurisdiction shall consist as
22 established by statute.
23 Section 3. The judicial power shall extend to all cases, in law
24 and equity, arising under this Constitution or the laws of Oklahoma.
25 The Supreme Court shall exercise appellate jurisdiction in the last
26 resort in all cases or controversies, except criminal cases and
27 controversies. The Supreme Courts appellate jurisdiction shall be
2
1 discretionary, and so long as an inferior intermediate court of
2 appeals exists, the Supreme Court shall not exercise appellate
3 jurisdiction of first review. The Court of Criminal Appeals shall
4 exercise appellate jurisdiction in the last resort over appeals in
5 all criminal cases or controversies. The Supreme Court shall make
6 rules governing the administration of all courts in the state and,
7 subject to the law, the practice and procedure in all such courts.
8 The Supreme Court shall have jurisdiction over admission to the
9 practice of law in Oklahoma courts and the discipline of persons
10 admitted, when necessary to address acts or omissions committed in
11 the context of a case or controversy before the Oklahoma courts.
12 Such jurisdiction shall not extend to the discipline of attorneys
13 for acts or omissions not occurring in the context of a case or
14 controversy before the Oklahoma courts. Jurisdiction over admission
15 to the practice of law by individuals not appearing in Oklahoma
16 courts is vested exclusively in the Legislature.
17 Section 4. The Governor shall nominate and appoint, with the
18 advice and consent of the Senate, the Chief Justice and Associate
19 Justices of the Supreme Court, the Chief Judge and Associate Judges
20 of the Court of Criminal Appeals, and the judges of all intermediate
21 appellate courts. The judges of courts of general jurisdiction
22 shall be elected in the same manner as county officers, until
23 changed by statute. Upon the effective date of this article, judges
24 and justices of existing courts shall retain their offices for the
25 remainder of their term without nomination by the Governor or
26 confirmation by the Senate. Upon expiration of their terms, judges
27 and justices of existing courts shall be replaced according to the
3
1 provisions of this article.
2 Section 5. The terms of office of the Chief Justice and
3 Associate Justices of the Supreme Court, the Chief Judge and
4 Associate Judges of the Court of Criminal Appeals, and the judges of
5 all intermediate appellate courts shall be six (6) years and shall
6 commence on the second Monday of January following their election or
7 appointment. At the general election next before his or her term
8 expires, any aforementioned judge or justice may seek retention in
9 office by filing with the Secretary of State, not less than sixty
10 (60) days before the date of such election, a declaration of
11 candidacy to succeed himself or herself. Thereupon, at such
12 election, there shall be submitted to the qualified electors of the
13 state, on a separate ballot, this question:
14 Shall (Here insert name of Justice or Judge and party
15 affiliation) of (Here insert the title of the court) be retained in
16 Office?"
17 ____ YES
18 ____ NO
19 The question shall be decided by a majority of those voting
20 thereon. If the decision is yes the Judicial Officer shall be
21 retained in office for the next ensuing six-year term. If the
22 decision is no, or if no declaration of candidacy is filed, the
23 office shall be vacant upon expiration of the term then being
24 served, and the former judge or justice shall not be eligible for
25 appointment to succeed himself or herself. Retention in office may
26 be sought for successive terms without limit as to number, except
27 the Legislature may, by statute, enact term limits.
4
1 Those appointed or elected to fill vacancies shall assume office
2 immediately upon qualifying for the office. Each justice, at the
3 time of his or her election or appointment, shall have attained the
4 age of thirty years, shall have been a qualified elector in Oklahoma
5 for at least one year immediately prior to the date of filing or
6 appointment, and shall have been a practicing attorney or judge of a
7 court of record, or both, in Oklahoma for five years preceding his
8 or her election or appointment.
9 Section 6. Except with reference to the Senate sitting as a
10 Court of Impeachment and the Court on the Judiciary, general
11 administrative authority over all courts in this State, including
12 the temporary assignment of any judge to a court other than that for
13 which he or she was elected or appointed, is hereby vested in the
14 Supreme Court and shall be exercised by the Chief Justice in
15 accordance with its rules. Provided, however, that the process for
16 special or temporary assignments on the Supreme Court shall be
17 determined by statute.
18 Section 7. All matters related to the Judicial Department but
19 not addressed in this article may be determined by statute, and the
20 Legislature may enact statutes, as necessary, to carry the
21 provisions of this article into effect.
22 Section 8. This article shall become effective on January 1,
23 2023.
24 SECTION 2. The Ballot Title for the proposed Constitutional
25 amendment as set forth in SECTION 1 of this resolution shall be in
26 the following form:
27 BALLOT TITLE
1 Legislative Referendum No. ____ State Question No. ____
2 THE GIST OF THE PROPOSITION IS AS FOLLOWS:
3 This measure would amend the Oklahoma Constitution. It would
4 repeal Article 7 and Article 7-B which created the Judicial
5 Department and directed the selection of justices and judges.
6 The measure would enact a new Article 7-C to establish a new
7 court structure modeled on that of the United States
8 Constitution. The Governor will pick new appellate judges,
9 subject to confirmation by the Senate. Appellate judges will
10 stand for retention elections every six years. Trial court
11 judges will be elected in the same manner as other county
12 officers.
13 SHALL THE PROPOSAL BE APPROVED?
14 FOR THE PROPOSAL YES _____________
15 AGAINST THE PROPOSAL NO _____________
16 SECTION . The President Pro Tempore of the Senate shall,
17 immediately after the passage of this resolution, prepare and file
18 one copy thereof, including the Ballot Title set forth in SECTION 2
19 hereof, with the Secretary of State and one copy with the Attorney
20 General.
21 DIRECT TO CALENDAR.
22 SJR43 HFLRPage 1
23 BOLD FACE denotes Committee Amendments.
Daniel McClure, J.D., M.P.A.
Deputy General Counsel – OK Municipal League
405-528-7515
201 N.E. 23rd St., OKC, OK, 73105