SB 1088 — Courts; modifying reporting and publication requirements related to the Council on Judicial Complaints; requiring maintenance of complaint docket. Effective date.

STATESENATE OFFLOOR OKLAHOMAVERSION 1stMarch Session4, of2025 the3 60th Legislature (2025) COMMITTEE SUBSTITUTE FOR SENATE BILL 1088NO. By:

Prieto1088 6By: COMMITTEE SUBSTITUTE An Act relating to courts;

Prieto 6 An Act relating to courts;

Req.Section 1651.

No.

1771 Page 1 Section 1651.

SENATE FLOOR VERSION - SB1088 SFLR Page 1 (Bold face denotes Committee Amendments) 1.

and Req.4.

No.

1771 Page 2 4.

SENATE FLOOR VERSION - SB1088 SFLR Page 2 (Bold face denotes Committee Amendments) SECTION 2.

Req.B.

No.The Council shall have power to hold hearings, administer oaths or affirmations, receive testimony and other evidence, and issue and serve or cause to be served subpoenas requiring testimony SENATE FLOOR VERSION - SB1088 SFLR Page 3 (Bold face denotes Committee Amendments) or the production of books, records, papers or other tangible evidence.

1771 Page 3 B.

The Council shall have power to hold hearings, administer oaths or affirmations, receive testimony and other evidence, and issue and serve or cause to be served subpoenas requiring testimony or the production of books, records, papers or other tangible evidence.

as to contempts not affecting the maintenance of order, it shall certify the matter to the Chief Justice of the Supreme Req.Court, which shall assign the case for trial and appropriate disposition to a judge of a district court.

No.In a contempt proceeding in district court, the counsel for the Council on SENATE FLOOR VERSION - SB1088 SFLR Page 4 (Bold face denotes Committee Amendments) Judicial Complaints shall act as prosecutor against the alleged contemnor.

1771 Page 4 Court, which shall assign the case for trial and appropriate disposition to a judge of a district court.

In a contempt proceeding in district court, the counsel for the Council on Judicial Complaints shall act as prosecutor against the alleged contemnor.

Req.Section 1659.

No.

1771 Page 5 Section 1659.

Forward all papers concerning the same complaint, together with its findings, to either the Supreme Court or the Chief Justice SENATE FLOOR VERSION - SB1088 SFLR Page 5 (Bold face denotes Committee Amendments) thereof, the Governor, the Attorney General, the Executive Secretary of the Oklahoma Bar Association, or the House of Representatives, who shall promptly may file a petition invoking the jurisdiction of the trial division of the Court on the Judiciary in accordance with subsection (a) of Section 4 of Article 7-A VII-A of the Oklahoma Constitution of Oklahoma;

Req.B.

No.In the event the Council on Judicial Complaints finds that the complaint should be made the subject of proceedings before the Supreme Court for discipline less than removal or compulsory retirement, the Council shall forward all papers concerning the complaint, together with its findings, to the Supreme Court for SENATE FLOOR VERSION - SB1088 SFLR Page 6 (Bold face denotes Committee Amendments) review and possible discipline.

1771 Page 6 B.

In the event the Council on Judicial Complaints finds that the complaint should be made the subject of proceedings before the Supreme Court for discipline less than removal or compulsory retirement, the Council shall forward all papers concerning the complaint, together with its findings, to the Supreme Court for review and possible discipline.

The docket shall detail an identification number, the nature of litigation giving rise to the complaint, the primary subject of the complaint, and the legal basis for the final Req.disposition of the complaint.

No.

1771 Page 7 disposition of the complaint.

In the event the Council’s final disposition of a complaint results in submission of findings pursuant to Section 1659 of Title SENATE FLOOR VERSION - SB1088 SFLR Page 7 (Bold face denotes Committee Amendments) 20 of the Oklahoma Statutes with a recommendation that is not a private reprimand, the docket shall include the identity of the respondent judge, a brief summary of the alleged misconduct, and the Council’s recommendation.

Req.(1) the number of complaints received by the Council, the nature of the litigation giving rise to the complaints, and the primary subject of the complaints, SENATE FLOOR VERSION - SB1088 SFLR Page 8 (Bold face denotes Committee Amendments) (2) the number of complaints dismissed, the legal basis for the dismissal, and the number of complaints that remain pending, (3) a list of complaints dismissed with a letter of caution or warning to the judge and brief summary of the alleged misconduct, (4) a list of complaints referred to the Supreme Court pursuant to Section 1659 of Title 20 of the Oklahoma Statutes with a recommendation of a private reprimand and a brief summary of the alleged misconduct, (5) a list of complaints referred to the Supreme Court pursuant to Section 1659 of Title 20 of the Oklahoma Statutes with a recommendation other than a private reprimand, the identity of the respondent judge, a brief summary of the alleged misconduct, and the Council’s recommendation, (6) a list of complaints referred to any of the bodies or officials enumerated in Article VII-A of the Oklahoma Constitution with a recommendation of removal proceedings or compulsory retirement proceedings before the Court on the Judiciary, the identity of the SENATE FLOOR VERSION - SB1088 SFLR Page 9 (Bold face denotes Committee Amendments) respondent judge, a brief summary of the alleged misconduct, and the Council’s recommendation, (7) the number of complaints for which a response was sought from the judge that ultimately resulted in a dismissal, (8) an explanation of the Council’s processes, and (9) any additional public information deemed relevant by the Council for inclusion in the annual report.

No.

1771 Page 8 (1) the number of complaints received by the Council, the nature of the litigation giving rise to the complaints, and the primary subject of the complaints, (2) the number of complaints dismissed, the legal basis for the dismissal, and the number of complaints that remain pending, (3) a list of complaints dismissed with a letter of caution or warning to the judge and brief summary of the alleged misconduct, (4) a list of complaints referred to the Supreme Court pursuant to Section 1659 of Title 20 of the Oklahoma Statutes with a recommendation of a private reprimand and a brief summary of the alleged misconduct, (5) a list of complaints referred to the Supreme Court pursuant to Section 1659 of Title 20 of the Oklahoma Statutes with a recommendation other than a private reprimand, the identity of the respondent judge, a brief summary of the alleged misconduct, and the Council’s recommendation, (6) a list of complaints referred to any of the bodies or officials enumerated in Article VII-A of the Oklahoma Constitution with a Req.

No.

1771 Page 9 recommendation of removal proceedings or compulsory retirement proceedings before the Court on the Judiciary, the identity of the respondent judge, a brief summary of the alleged misconduct, and the Council’s recommendation, (7) the number of complaints for which a response was sought from the judge that ultimately resulted in a dismissal, (8) an explanation of the Council’s processes, and (9) any additional public information deemed relevant by the Council for inclusion in the annual report.

60-1-1771COMMITTEE TEKREPORT 3/4/2025BY: 5:31:54 PM Req.

No.COMMITTEE ON JUDICIARY March 4, 2025 - DO PASS AS AMENDED BY CS SENATE FLOOR VERSION - SB1088 SFLR Page 10 (Bold face denotes Committee Amendments)

1771 Page 10