Oklahoma Senate Approves Workers’ Compensation Judge Plan

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Republicans have pushed another issue to a statewide vote to counter a gubernatorial veto – this time a plan to require Senate confirmation of Workers’ Compensation Court judges.

The Oklahoma Senate gave final approval to a joint resolution referring the issue to the general election ballot in 2010. The vote was 26-22, with all 22 Democrats opposing the plan.

Democrats said the appointment process now in place is preferable to a system they said would produce partisan political fights and gridlock similar to those that occur during Senate confirmation hearings on judicial appointments in Washington, D.C.

Democratic Gov. Brad Henry expressed those sentiments last month when he vetoed a proposed law to require Senate confirmation of workers’ comp judges.

Sen. Clark Jolley, R-Edmond, said it was not a question of “bringing partisanship into it. This is bringing checks and balances.”

The issue joins a growing list of referendums advanced by the GOP to the 2010 election, including vetoed proposals declaring the state’ sovereignty and requiring voters to show certain identification at the polls.

Jolley was asked why workers’ comp judges were being singled out for Senate confirmation and not district court or appellate judges. He said the reason is that appointments of workers’ comp judges have been more contentious than other judicial appointments.

“In my 11 years here, I have not had one person complain” about the selection of workers’ comp judges, said Sen. Kenneth Corn, D-Poteau.

Jolley said he was surprised, adding that he had heard “chamber folks complain about the qualifications” of current judges appointed by Henry. He said the appointment of previous governors also drew criticism.

Sen. Richard Lerblance, D-Hartshorne, said workers’ comp nominees would “not have a chance” to be confirmed if they were opposed by the GOP caucus.

“I don’t think it is a partisan process,” said Jolley.

He said gridlock only occurs in Washington “when differences of philosophy come into play” during consideration of Supreme Court nominees.

Lerblance the bill was “all about politics.”

“We’re going to have dogfights out here to confirm selections to the work comp court,” he said.

Under the current system, the governor makes judicial appointments from a list of three names submitted by a 13-member Judicial Nominating Commission, now made up of six lawyers and seven non-lawyers.

That system was put in place as a reform after the state Supreme Court bribery scandal of the early 1960s.

The Senate adopted a resolution Tuesday afternoon to expand the commission to 15 members, also sending that proposal to a vote of the people. Under the resolution, the Senate president pro tem and the speaker of the House would name one at-large member of the commission in certain circumstances.