Judicial Retention: Know Before You Decide

By Miles Pringle

It is important for every Oklahoman to know that their disputes are resolved fairly. Recently there have been advertisements seeking to politicize Oklahoma’s judicial branch. These advertisements are misleading and could result in erosion of public trust in our judicial system. Every member of the Oklahoma Supreme Court is a competent and honorable professional. All members of our Oklahoma Supreme Court, including those not on the ballot, make their decisions based on the facts and the law before them.

Oklahoma justices are not political partisans. They do not run or seek office as members of a political party. They are not chosen due to their connections to an elected official. Instead, the Judicial Nominating Commission, made up of 15 Oklahomans (only six of whom are attorneys) reviews every applicant for appellate judicial office. They are aided in their review by the Oklahoma State Bureau of Investigations. This nonpartisan commission then selects the most qualified and ethical individuals. The governor makes the final decision from three highly qualified candidates. Voters can learn more about how our state chooses judges and justices by visiting Courtfacts.org, a free, nonpartisan online resource for voter information hosted by the Oklahoma Bar Association.

Through the judicial retention ballot, the people have a voice. When a judge or justice’s name appears on the ballot, Oklahoma voters can select “yes” or “no” to decide whether or not that judge is retained the next six years. Accurate information about the judges and justices appearing on this year’s ballot is also available at Courtfacts.org. Voters should base their decisions on professional character and ethics. If a judge or justice is subject to scandal or has proven himself or herself unfit in some other manner, retention ballots are a means of accountability. Politics should not be the basis of judicial retention.

This year, you may have seen or heard political advertisements claiming that Oklahoma Supreme Court justices up for retention are “liberal activists.” This is misleading and dangerous because the Supreme Court is a non-political branch of government. Attempts to politicize the judiciary could have a negative impact on every Oklahoman seeking justice through our state courts.

Our law-based society is built on an independent and non-political judiciary. This is important. U.S. Supreme Court Justice Anthony Kennedy wrote that the rule of law is a foundation of freedom that depends upon a functioning judiciary that is respected for its independence, its professional accomplishments, and the absolute honesty and decency of its judges.

Despite what has been said in these recent misleading ads, Oklahoma has achieved this ideal.

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Miles Pringle is executive vice president and general counsel at The Bankers Bank in Oklahoma City.
405-848-8877
mpringle@tbb.bank

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Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.