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1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 1088 By: Prieto
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6 AS INTRODUCED
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7 An Act relating to courts; amending 20 O.S. 2021,
7 Sections 1656 and 1659, which relates to the Council
8 on Judicial Complaints; removing quarterly reporting
8 requirement; requiring notice to certain parties of
9 certain complaints; requiring publication of certain
9 petitions; providing for confidentiality of certain
10 records under certain circumstances; requiring
10 maintenance of certain complaint docket; requiring
11 redaction of certain information; requiring annual
11 report to certain officials by certain date;
12 specifying contents of report; providing for
12 codification; and providing an effective date.
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15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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16 SECTION 1. AMENDATORY 20 O.S. 2021, Section 1656, is
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17 amended to read as follows:
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18 Section 1656. A. The members of the Council on Judicial
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19 Complaints shall qualify by taking the constitutional oath of
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20 office.
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21 B. The Council shall elect a chair and vice-chair. The chair
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22 and vice-chair shall serve for terms of office set by the Council,
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23 not to exceed their terms as members of the Council.
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1 C. The Council shall adopt rules pursuant to the Administrative
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2 Procedures Act.
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3 D. The Council shall provide to the President Pro Tempore of
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4 the Senate and the Speaker of the House of Representatives quarterly
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5 reports of the number of judicial complaints filed, dismissed, and
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6 referred for further disciplinary action.
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7 SECTION 2. AMENDATORY 20 O.S. 2021, Section 1659, is
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8 amended to read as follows:
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9 Section 1659. In the event the Council on Judicial Complaints
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10 finds that the complaint should be made the subject of proceedings
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11 before the Court on the Judiciary, it shall forward:
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12 1. Forward all papers concerning the same, together with its
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13 findings, to either the Supreme Court or the Chief Justice thereof,
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14 the Governor, the Attorney General, the Executive Secretary of the
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15 Oklahoma Bar Association, or the House of Representatives, who shall
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16 promptly file a petition invoking the jurisdiction of the trial
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17 division of the Court on the Judiciary in accordance with subsection
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18 (a) of Section 4 of Article 7-A of the Constitution of Oklahoma;
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19 provided, however, filing by the Executive Secretary of the Oklahoma
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20 Bar Association shall be at the direction of the majority of the
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21 members of the Executive Council or by resolution of the House of
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22 Delegates of the Oklahoma Bar Association; and
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23 2. Provide notice of its recommendation, that the complaint
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24 should be the subject of proceedings before the Court on the
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1 Judiciary, to those individuals or bodies with authority to invoke
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2 the jurisdiction of the Court on the Judiciary, as described in
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3 Section 4 of Article VII-A of the Oklahoma Constitution.
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4 Thereafter, the matter shall proceed in accordance with the
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5 applicable constitutional provisions, statutes, and rules of the
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6 Court on the Judiciary.
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7 SECTION 3. NEW LAW A new section of law to be codified
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8 in the Oklahoma Statutes as Section 1664 of Title 20, unless there
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9 is created a duplication in numbering, reads as follows:
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10 A. All records relating to judicial complaints and the
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11 investigation and disposition thereof shall be kept confidential and
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12 not open to public inspection, until such time as a petition
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13 invoking the jurisdiction of the Court on the Judiciary is filed;
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14 provided, however:
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15 1. Files of investigations shall not be subject to disclosure
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16 if such files would not be discoverable under state law, are
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17 protected by evidentiary privilege, contain the record of a lawfully
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18 constituted executive session, or contain the notes or personally
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19 created materials otherwise exempt from disclosure or discovery
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20 under the laws of this state; and
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21 2. Transcripts of proceedings of the Council on Judicial
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22 Complaints relating to a complaint and the investigation and
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23 disposition thereof shall not be available to any person or entity,
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1 unless filed with a petition for discipline before the Court on the
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2 Judiciary.
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3 B. A docket listing of all complaints filed and action taken
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4 thereon shall be maintained by the Administrative Director to the
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5 Council on Judicial Complaints. The docket shall be a permanent
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6 record, and shall be subject to the provisions of the Oklahoma Open
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7 Records Act; provided, any information identifying the complainant,
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8 the respondent, and any witnesses shall be redacted when making the
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9 docket public in cases in which the complaint was dismissed without
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10 Council action, other than complaints dismissed because:
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11 1. The evidence did not support the allegation or appearance of
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12 judicial misconduct or disability;
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13 2. The facts alleged did not constitute judicial misconduct or
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14 disability; or
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15 3. The allegation or appearance of judicial misconduct or
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16 disability was determined to be unfounded or frivolous.
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17 C. 1. Not later than December 1 of each year, the Council
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18 shall submit to the President Pro Tempore of the State Senate, the
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19 Speaker of the House of Representatives, the Governor, and the
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20 Lieutenant Governor, an electronic report for the preceding fiscal
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21 year ending June 30. The report shall be posted on the Council's
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22 public website in a searchable format.
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23 2. The report shall include:
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24 a. an explanation of the role of the Council,
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1 b. annual statistical information for the preceding
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2 fiscal year including:
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3 (1) the number of complaints received by the Council
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4 alleging judicial misconduct or disability,
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5 (2) the number of complaints dismissed without
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6 Council action, other than complaints dismissed
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7 because the evidence did not support the
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8 allegation or appearance of judicial misconduct
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9 or disability,
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10 (3) the number of complaints dismissed without
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11 Council action, other than complaints dismissed
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12 because the facts alleged did not constitute
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13 judicial misconduct or disability,
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14 (4) the number of complaints dismissed without
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15 Council action, other than complaints dismissed
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16 because the allegation or appearance of judicial
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17 misconduct or disability was determined to be
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18 unfounded or frivolous,
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19 (5) the number of each type of judicial misconduct or
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20 disability that resulted in sanction or censure
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21 of a judge,
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22 (6) examples of improper judicial conduct,
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23 (7) an explanation of the Council's processes, and
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1 (8) changes the Council considers necessary in its
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2 rules or the applicable statutes or
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3 constitutional provisions.
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4 3. The report shall be considered a public record and shall be
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5 subject to the provisions of the Oklahoma Open Records Act.
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6 SECTION 4. This act shall become effective November 1, 2025.
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8 60-1-685 TEK 1/16/2025 3:26:28 PM
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Req. No. 685 Page 6Every fact on this page links to its source, starting with the official bill record.