The Oklahoma State Capital

A proposed constitutional amendment, Senate Joint Resolution 34 (SJR 34), failed on Tuesday morning after numerous Republican state representatives crossed party lines, joining with Democrats to defeat the measure.

SJR 34 sought to ask Oklahoma voters whether to eliminate the Oklahoma Judicial Nominating Commission (JNC) and replace it with a model in which the governor nominates appellate court judges and justices and the legislature confirms them. The measure cleared the Senate but failed in the House with a vote of 36–60.

Pro-life leaders had repeatedly pressed House Republicans to support the measure, arguing it would bolster accountability in the judiciary. Tony Lauinger, state chairman of Oklahomans for Life, framed the proposal this way:

“It would have led to a much fairer method of appointing judges and justices to Oklahoma’s appellate courts and Supreme Court by closely mirroring the federal system – nomination by the Governor and confirmation by the legislative branch.”

In the hours before the vote, Charles McCall (R-Atoka), Speaker of the House, sent a strongly worded email to his caucus warning:

“There will be communication around this issue in your local districts via county party, churches, civic organizations, etc. … This vote will be scored as a pro-life vote by groups such as ‘Faith Partners (Churches)’ and Oklahomans for Life as well as other groups.”

Despite those warnings, House Republicans fell short of support for the resolution. A number of GOP members either balked at the change or expressed concerns about unintended consequences. Committee Chairman Chris Kannady voted against the measure, citing “questions of why we were doing this and what the effects were going to be.”

In the local context, Representatives Collin Duel of House District 31 and John Talley of House District 33 joined with left-leaning Republicans and Democrats in voting against the constitutional amendment. The other Logan County–area representatives supported the resolution.

The proposal would have allowed Oklahoma voters to eliminate the role played by the Judicial Nominating Commission — a commission that nominates judicial appointees and to which numerous members are appointed by the privately composed, non-elective body, the Oklahoma Bar Association. That association has drawn criticism for its liberal leanings. Replacing the role played by the Bar Association was believed to strengthen Republicans, as that party has gained the advantage in the statewide elections in which the governor is elected.

SJR 34 is dead in the House — at least for this session. McCall said it will not come back up unless more than 50 Republican members request it.