I ran across the above statute of “Blind Justice” at Guthrie’s Scottish Rite Temple.  If you haven’t been inside the temple, do yourself a favor and  schedule a tour.  The Neo-Classical architecture is unexpected in the middle of Red Dirt country and the temple is steeped in Okie history.  It’s well worth the trip but you have to schedule your tour in advance.

Blind Justice represents the Greek goddess Themis, who personified moral order, justice, wisdom and good counsel.  She is depicted as blind because justice is not subject to undue influence.  Everyone should be treated the same before our courts.  Themis holds scales which represent impartiality.  The sword tells us that justice can cut both ways.  Of course you already knew all this, so what’s my point?

What you may have forgotten or may not know is we had a big Okie Supreme scandal back in 1965.  One justice admitted in writing that he had taken bribes and he reported two others had done the same.  There was a big investigation, an impeachment, a resignation and ultimately the three justices were kicked off the Supreme Court.

At the time, Supreme Court justices were appointed by the governor with the advice and consent of the senate.  Okies decided more vetting was needed for appeals court judges so they approved a state question and the Judicial Nominating Commission was born. The commission consists of six appointment from the governor and six from the bar association.  These twelve elect a thirteenth, who cannot be a lawyer.  In addition, the Speaker of the House and President Pro Tempore each get an appointee, and neither of those can be lawyers.  This fifteen member commission vets all the applicants and presents the top three to the governor.  To limit undue influence, members of the commission may not hold elective or appointed office.

Not a single judge has been sent to jail or indicted since the JNC has been in use.  I know that is an absurd claim and it doesn’t prove the commission works.  Nonetheless, there are a lot of safeguards against undue influence and the commission makes a real effort to guard against political pressure.

Fast forward to 2009.  The legislature passed The Lawsuit Reform Act to limit recoveries from lawsuits.  In 2013 the Supreme Court ruled that the Lawsuit Reform Act was unconstitutional.  The legislature has been angry with the court ever since and has introduced numerous bills to change how high court judges get appointed to the bench.

Ok, kids, here is my point!  This session the Speaker and President Pro Tempore are sponsoring HB 3162.  This legislation has legs, because the party leadership is squarely behind it.  The bill has already passed the house.  The bill would require the commission to send all of the applicants to the governor and require the senate to approve the ultimate appointment.  Thus, the JNC would be reduced to pushing paper. The system would be ripe for political pressure and deal making.

Injecting politics into the judiciary is asking for trouble.  As you learned in civics, there are checks and balances built into our government.  It is the job of the judiciary to determine when actions are unconstitutional and our justices must be independent to make those determinations.  The legislature makes policy, but they may not pass unconstitutional acts.  Who is the check against their power if  not the  Supreme Court.

Maybe you weren’t aware that such an important bill is pending before the legislature.  HB 3162 is a grab for political power It would result in a serious disruption in the constitutional authority of the judiciary.  The legislature wants to rip off “Blind Justice’s” blinder and take away her scales.  We don’t need to go back to a system of bribery and political spoils in the judiciary.