| The OBA Bench and Bar Committee has been extremely busy this year implementing its aggressive action plan to improve Oklahoma’s justice system. The Bench and Bar Committee continues to be one of the most active OBA committees working on behalf of our association. Meetings are held the second Thursday of each month at noon at the Oklahoma Bar Center and the Tulsa County Bar Association by video teleconferencing. A substantial amount of work for the Bench and Bar Committee occurs through its many subcommittees which are project and/or task-oriented. Below I have identified the subcommittees and summarized their work this year.
Oklahoma Model Code of Judicial Conduct Subcommittee – Chaired by Cathy M. Christensen and David Swank. In 2005, the American Bar Association (ABA) released its preliminary report from the Joint Commission to evaluate the Model Code of Judicial Conduct. It has been 16 years since the judicial ethics policies set forth in the Code of Judicial Conduct were subjected to comprehensive review. Over that period of time, several developments have occurred that suggested the need for reconsideration of the Model Code. The increasing role of politics in judicial selection processes, the collective experience of judicial ethics commissions and judicial regulators in interpreting and applying the existing code, and the development of new types of courts and court processes, are among the factors that create the need for an examination of the current code.
As a result of the preliminary report, the Bench and Bar Committee established the Oklahoma Model Code of Judicial Conduct Subcommittee to study the existing Oklahoma Model Code of Judicial Conduct and make recommendations to bring the Oklahoma Model Code current. Subcommittee chairs David Swank and Cathy M. Christensen have led a team of Oklahoma judges and lawyers in an in-depth and comprehensive examination of Oklahoma’s code. The final ABA report was issued in February 2007 requiring the subcommittee to redress its work on the revised Oklahoma Code of Judicial Conduct. Because of the need to utilize all resources of the Bench and Bar Committee to work on revisions to the code, the full Bench and Bar Committee took on the task.
The committee will release a proposed revised draft of the code in late October 2007. The revised draft code will be available for viewing and comment by OBA members at www.okbar.org. OSCN and OSCIS Web sites will also have links to the proposed revised code. Judges and lawyers are highly encouraged to submit comments on the proposed code online to the Bench and Bar Committee. The deadline for comments is Feb. 28, 2008. In March 2008, the committee will review all comments and consider any revisions to the draft proposed code and issue a final draft of the code in April 2008. The draft code will be submitted to the OBA Board of Governors for consideration and approval in the summer of 2008.
The 2007 code proposed both format and substantive changes to the 1990 code. Following a format similar to the ABA Model Rules of Professional Conduct, the 2007 code preserved the canons, which state overarching principles of judicial conduct, followed by enforceable black letter rules, and comments that provide both aspirational statements and guidance in interpreting and applying the rules. The four canons and their numbered rules and comments were reorganized to provide topics under a functional arrangement. Canon 1 addresses the paramount obligations of judges to uphold the independence, integrity and impartiality of the judiciary and to avoid impropriety and its appearance; canon 2 addresses solely the judge’s professional duties as a judge; canon 3 addresses extrajudicial and personal conduct; and canon 4 addresses the political conduct of judges and judicial candidates.
Judicial Campaign Reform Subcommittee – Chaired by David Swank and Shanda McKenney. The primary goal of this subcommittee is to review and assess judicial campaign reforms. The subcommittee conducted extensive research on the current status of judicial campaign reform activity in other states which continue to debate and dialogue on whether to transition from an election system to an appointment and retention election program. The subcommittee also reviewed the Oklahoma Legislative Task Force Report on Judicial Selection, along with the Minority Reports. Issued in 1999, the report contains specific recommendations to the Legislature regarding judicial selection, while the Minority Reports contain proposals for judicial merit evaluation and retention commissions for the state and/or the large county judicial districts. The subcommittee will continue its work on assessing judicial campaign reforms through next year.
Chair Comments: I am most appreciative to OBA President Stephen D. Beam for allowing me to chair the Bench and Bar Committee for a third consecutive year. I am honored to chair this very distinguished group of jurists and veteran Oklahoma attorneys who make up the Bench and Bar Committee. My vice-chair, Cathy M. Christensen, has been so responsive and accommodating in assuming responsibility for committee projects. The substantive work and accomplishments of this committee would not be possible but for the extremely dedicated subcommittee chairs and all committee members who work diligently in advancing the work of the committee. The Bench and Bar Committee will be meeting during the OBA Annual Meeting on Thursday, Nov. 8, 2007. I invite all OBA members interested in becoming a member of the Bench and Bar Committee to attend this meeting. My thanks to all who have contributed and participated in the work of the Bench and Bar Committee.
Jack L. Brown
Chairperson |
