WHEREAS, 258 individuals in the United States have been exonerated through post-conviction DNA testing, 17 of whom were sentenced to death, and the average length of time served by these exonerees being 13 years;

WHEREAS, 10 individuals have been exonerated in Oklahoma through post-conviction DNA testing, four of whom were in prison for murder;

WHEREAS, criminologists have concluded that biological evidence is unavailable in the vast majority of criminal cases and that consequently wrongful convictions revealed by DNA testing represent a small proportion of wrongful convictions overall;

WHEREAS, the incarceration of an innocent person not only works an injustice against that individual, but also harms society in that the real perpetrator of a crime remains free and able to commit additional criminal acts; and

WHEREAS, it is important for both the criminal justice stakeholders and the citizens of Oklahoma to understand why these individuals were wrongfully convicted and how wrongful convictions may be avoided in the future; and

WHEREAS, thorough, unbiased study and review in other states has resulted in recommendations for significant reforms to the criminal justice system in order to avoid wrongful convictions, and Oklahoma has not engaged in any such review of the state?s criminal justice system; now, therefore, be it

RESOLVED, by the Oklahoma Bar Association, in recognition of the need to provide a continuing forum for education and dialogue regarding the causes of wrongful conviction of the innocent and, where appropriate, to recommend and assist in the implementation of justice system enhancements, which will increase the reliability of convictions in Oklahoma,

The Oklahoma Bar Association hereby establishes the Oklahoma Justice Commission:
A Commission Dedicated to Enhancing the Reliability & Accuracy of Convictions.

OKLAHOMA JUSTICE COMMISSION

SECTION 1: STRUCTURE AND COMPOSITION OF THE COMMISSION

The structure and composition of the Commission shall be:

1.1. Commission Membership and Officers:

The Commission shall consist of as many members as the Chair deems necessary. The officers of the Commission shall include at least a Chair and a Secretary. The Chair of the Commission shall be the President of the OBA or his or her designee. The remaining officers shall be considered upon recommendation of the Chair and shall be elected by a majority of the Commission members.

1.2. Selection and Term of Members:

The Chair shall appoint the Commission?s other members in his or her discretion, but representation shall include at least one member from each of the following constituencies: (1) district attorneys (both a representative from urban and rural areas), (2) defense attorneys, (3) trial court judges, (4) appellate court judges, (5) police (both a representative from urban and rural areas), (6) sheriffs, (7) legal scholars, (8) legislators, (9) the office of the Attorney General, (10) the OSBI, (11) victim advocates, (12) public
defenders, (13) a CLEET (Council on Law Enforcement Education and Training) representative, (14) an expert or liaison from the innocence community, (15) a forensic science consultant or expert, and (16) a member of the general public. Additional members shall be appointed by the Chair as necessary, and at least one of the members on the Commission shall have litigation experience.

The members of the Commission shall serve a term of two years. Initial terms shall begin at the time the representatives are selected, which shall take place within six months of the resolution?s passage.

SECTION 2: RESPONSIBILITIES OF THE COMMISSION

The Commission?s major responsibilities shall include raising awareness of the issues surrounding wrongful convictions and studying and providing recommendations regarding the following:

2.1. Causes of Conviction of the Innocent:

The Commission shall seek to research and identify the common causes of conviction of the innocent, both nationally and in Oklahoma. These include, but are not limited to, (1) eyewitness misidentification, (2) unvalidated or improper forensics, (3) false confessions or admissions, (4) forensic science misconduct, (5) government misconduct, (6) incentivized witnesses, and (7) inadequate or improper lawyering.

2.2. Implicated Procedures:

The Commission shall seek to identify law enforcement, forensic, trial and judicial procedures, and attorney techniques, which may cause or increase the likelihood of the conviction of the innocent.

2.3. Remedial Strategies and Procedures:

The Commission shall work to create remedial strategies designed to reduce or lessen the possibility of conviction of the innocent, including, but not limited to, procedural and educational remedies, training of criminal justice practitioners, and the development of procedures to identify, expedite the release of, and rightfully compensate persons wrongly convicted.

2.4. Implementation Plans:

The Commission shall develop plans to implement remedial strategies, such plans to include, but not be limited to, analysis of implementation expenses, ongoing costs, possible savings and the impact on the criminal justice system for each potential solution; projected effectiveness of proposed plans, and any potential negative impact of proposed plans on the conviction of guilty persons.

The Commission shall also perform a cost analysis of wrongful convictions and their effect upon the State.

SECTION 3: ADDITIONAL RESPONSIBILITIES OF THE COMMISSION

The Commission shall provide periodic interim reports of its findings and recommendations as necessary and annual reports no later than 31 December each year to the Oklahoma Bar Association Board of Governors.

This Resolution shall be promulgated by publication in the Oklahoma Bar Journal and the OBA’s website.

Adopted by the OBA Board of Governors this the 24^th day of September, 2010.