Fall is always an exciting time in Oklahoma. The cooling temperatures signal the change of seasons, college football, harvest festivals, the list goes on. This year, we have the additional excitement of election season. With the November presidential election at the top of many minds, our state’s biennial judicial retention ballot may be somewhat overshadowed in the course of public discussion. As lawyers, though, we have a responsibility to enhance public understanding of this unique facet of Oklahoma’s third branch of government.

As most Oklahoma lawyers know, voters in our state chose, in 1967, to amend the Oklahoma Constitution to establish governor-appointed judges and create the Judicial Nominating Commission (JNC). This change in the method of judicial selection came in the wake of a massive bribery scandal. Historians, such as Oklahoma lawyer Bob Burke and retired Judge Lee Card, have written very compelling books on this dark moment in our state’s history.

Under this system, appellate judges are first appointed by the governor from a list of three names of qualified individuals prepared by the JNC. Appellate judges wishing to remain in office at the end of their terms must declare their candidacy for retention. The judge's name is placed on the ballot at the next general election, and Oklahoma voters can select "yes" to vote to retain that judge or "no" to vote to not retain that judge. This system ensures the people have a voice – and further assures that those seeking redress through the courts can expect fairness and impartiality free from bias, prejudice or political influence in Oklahoma courtrooms.

Our educational training as lawyers has provided exposure to these basic concepts. It is the duty of those of us within the legal profession to share this knowledge within our own circles – our families, friends and the communities in which we live and work. To help our members fulfill that obligation, the OBA created the CourtFacts website in 2014 to provide a public education resource on this topic. For 10 years, Oklahoma voters have been invited to visit www.courtfacts.org to get facts about the third branch of government as well as nonpartisan information about the candidates for judicial retention in election years such as this one.

Before Oklahomans head to the polls next month, they may visit www.courtfacts.org/retentionballot to view the judges and justices they will see on the 2024 retention ballot. They will also find accurate and unbiased information about each of the 12 candidates for retention on this year’s ballot. We continue to be very proud of this website and encourage all OBA members to share this voter information resource.

Looking ahead to 2025, you can also rely on CourtFacts as a resource those of us in the legal community can use to help explain the function and composition of the JNC, which consists of 15 unpaid volunteer members – six of whom are lawyers. Lawyer commissioners are elected to six-year terms by their fellow OBA members, each representing one of six congressional districts across the state (as they were composed in 1967 when the commission was established). Elections will be held next year for lawyer commissioners to represent districts 3 and 4. Visit www.okbar.org/jnc to learn more about these upcoming elections.

Advancing the administration of justice through education is a key component of the OBA’s mission. A duty to serve the public with integrity and civility is one of our core values, as defined by the OBA Board of Governors during our recent strategic planning retreat. I encourage all OBA members to work closely together as lawyers to advance the rule of law and foster trust in our legal system by explaining why nonpartisan judicial selection matters and helping all Oklahomans understand why our state’s method is a highly effective model. During this 2024 election cycle, I urge you to look to the CourtFacts website as a resource to help you accomplish these aims in this and every year.

I wish you health and happiness as we enjoy the autumn season!