Litigation

OK High Court Upholds Nominating Commission

By Peter Hardin

The Oklahoma Supreme Court rejected a constitutional challenge to the makeup of the state’s judicial nominating commission and cleared the way for a late-hour appointee of the former Democratic governor to take the bench.

Before he stepped down in January, then-Gov. Brad Henry, a Democrat, named District Judge Noma Gurich to the state Supreme Court, responding to recommendations from the commission. Henry’s successor is Gov. Mary Fallin, a Republican.

Oklahoma City attorney Jerry Fent brought a suit in December, according to a Tulsa World article, challenging the nominating panel’s makeup and citing membership based in part on six congressional districts, although Oklahoma was cut back to five such districts in 2002.

The state Supreme Court ruled that the panel’s decision are valid when a majority of its members go along.

Following the death of a state Supreme Court justice in October, then-Gov. Henry was given the opportunity to make “an unprecedented sixth appointment” to that bench, the Oklahoman reported. The nominating commission came under scrutiny then.

Full post as published by The Gavel on February 16, 2011 (boomark / email).