Judicial Reform in Oklahoma


FOR IMMEDIATE RELEASE:
Contact: Ray Carter, House Media
Capitol: (405) 557-7421

Contact: State Rep. Rob Johnson
Capitol: (405) 557-7407
Kingfisher: (405) 375-6992

Legislative Scrutiny May Lead to Greater Judicial Discipline

OKLAHOMA CITY (October 13, 2006) - A legislative interim study led by
state Rep. Rob Johnson this week found that the Oklahoma Supreme Court
is developing new rules allowing a greater range of disciplinary
measures to be imposed on judges.
However, Johnson said he plans to introduce new judicial
sanctions into state law if the Supreme Court fails to adequately boost
judicial penalties.
"If the court can address this problem through new rules, that's
great," said Johnson, R-Kingfisher. "But if the court doesn't get the
job done, I plan to introduce legislation next year that will ensure
judges are held accountable for their actions."
Currently, the Court on the Judiciary can take only two disciplinary
actions against a judge who commits any offense. The court can either
remove the judge from office or force the judge to retire.
However, because those two punishments are so severe, many
judges go unpunished for lesser offenses. Johnson has argued that
intermediate sanctions are needed to ensure renegade judges do not run
wild.
He and members of the House Judiciary Committee discussed the
issue during a legislative study this week.
"Oklahoma is the only state that doesn't allow for intermediate
disciplinary actions against a judge," Johnson said. "Every offense
should result in some form of punishment, but not every offense merits
removal from office. Oklahoma needs a system including reprimands or
suspensions for lesser offenses."
During the 2006 legislative session, Johnson authored House
Joint Resolution 1064, which would have placed a state question on the
November ballot to amend the Oklahoma Constitution and expand the
authority of the Court on the Judiciary to take disciplinary actions
against judges.
HJR 1064 passed in the House by a vote of 93-1 but never
received a hearing in the Senate.
The measure would have increased the types of actions the court
could take, including provisions allowing the court to publicly censure
a judge or issue private reprimands. The resolution would also have
allowed the court to suspend a judge from office, but retain the
authority of removal or forced retirement if necessary.
In response to the legislative discussions, the Oklahoma Supreme
Court is considering new rules that would allow judges to face
intermediate sanctions. The proposed rules are due in December.
"I'm glad the courts are taking this issue seriously," Johnson
said. "If judges are not held accountable, the public will lose faith in
both our legal system and the concept of equal treatment under the law.
That's something we cannot allow to happen."

-30-  ¶ 9:29 PM