Posts Tagged: ‘Courts’

State Question No. 752 – Judicial Nominating Committee

October 12, 2010 Posted by E. Zachary Knight

State Question 752 adds two new members to the Judicial Nominating Committee and changes some requirements for those who are selected as members.

This measure amends a section of the Oklahoma Constitution.  It amends Section 3 of Article 7-B.  The measure deals with the Judicial Nominating Commission.  This Commission selects nominees to be appointed judges or justices, when a vacancy occurs.  The Commission selects three, sometimes four, qualified nominees.  The Governor must appoint one of the nominees. The amendment adds two at-large members to the Commission.  At-large members can come from any Oklahoma congressional district.  The Senate President Pro Tempore appoints one of the new at-large members.  The Speaker of the House of Representatives appoints the other.  At-large members can not be lawyers.  Nor can they have a lawyer in their immediate family.  Nor can more than two at-large members
be from the same political party.

Six non-at-large members are appointed by the Governor.  They cannot be Oklahoma lawyers.  The measure adds a new qualification for non-lawyer members.  They can not have a lawyer from any state in their immediate family.  Each congressional district must have at least one non-lawyer member. Six lawyer members are elected by members of the Oklahoma Bar Association.  Each congressional district must have at least one lawyer member.

I feel that these changes are unnecessary. The committee already consists of 12 members 6 of whom are not selected by the Governor. I feel that this question was drafted in an attempt at preventing conflict of interest, but does not meet those desires.

Additionally, I think that adding new members would simply complicate the process further than it already is.

Vote No

State Question No. 755: One Law to Rule By

September 27, 2010 Posted by E. Zachary Knight

State Question 755 would require that Oklahoma courts only use State and Federal law when ruling on cases based in Oklahoma. The language is as follows:

This measure amends the State Constitution.  It changes a section that deals with the courts of this state.  It would amend Article 7, Section 1.  It makes courts rely on federal and state law when deciding cases.  It forbids courts from considering or using international law.  It forbids courts from considering or using Sharia Law.

International law is also known as the law of nations.  It deals with the conduct of international organizations and independent nations, such as countries, states and tribes.  It deals with their relationship with each other. It also deals with some of their relationships with persons.

The law of nations is formed by the general assent of civilized nations.  Sources of international law also include international agreements, as well as treaties.

Sharia Law is Islamic law.  It is based on two principal sources, the Koran and the teaching of Mohammed.

There is some precedence in the US in that US courts have ruled in cases based on laws from outside the US. As such I think it is good that we are taking efforts to encode our sovereignty further. We should not be using international law unless such laws are created and passed in either the state or federal government.

Vote Yes on SQ 755