By Constitution Staff

On November 3, Oklahoma voters will find four Oklahoma Supreme Court justices, one Court of Criminal Appeals judges, and four Court of Civil Appeals judges on the statewide ballot. The Oklahoma Supreme Court is made up of nine justices. The Oklahoma Court of Criminal Appeals has five justices. The Oklahoma Court of Civil Appeals has 12 judges. These courts are called “appellate courts,” because they hear cases that have been appealed, and judges on these courts are thus called “appellate judges.”

Unlike district judges and other judges that voters will find on their local ballot who are elected, these 26 higher court judges are appointed by the governor from a list chosen by the state Judicial Nominating Commission (JNC). After screening and interviewing applicants, the JNC recommends three candidates for the governor to choose from to fill vacant positions on the higher courts and also some vacancies when they occur on the lower courts. If the governor does not like any of the nominees, the governor can only ask the commission to submit a new list of nominees.

While these judges are appointed for life, they must stand for retention on six-year terms, which are staggered so that some portion of the state’s appellate judges face retention in every even-numbered year. At the end of their terms, appellate judges wishing to remain in office must declare their candidacy for retention. When a judge seeks retention, the judge’s name is placed on the ballot at the next general election. If a vacancy occurs before their six-year term is complete, a person is named through the process to fill out that term before facing a retention vote. The judge cannot openly campaign and cannot be listed on the ballot by their political party. Voters can only select “YES” to vote to retain that judge, or “NO” to vote to not retain that judge.

In the over 50 years that this system has been in effect, no judge had ever lost a retention ballot election. But, in November of 2024, Oklahoma Supreme Court justice Yvonne Kauger, 87, became the first Oklahoma judge ever to lose a judicial retention election. Judges usually have been retained in office with between 59 percent to 67 percent of the vote.

At the state level, Oklahoma uses three appellate court panels, including the Supreme Court. The other two are the Court of Criminal Appeals, and the Court of Civil Appeals. Ordinarily, decisions reached by the Court of Criminal Appeals are left undisturbed by the Supreme Court, while the rulings by the Court of Civil Appeals have sometimes been reversed.

These three courts usually hear cases that have been decided by juries or judges in district courts. The role of an appellate court is to review whether the law was correctly applied at the district court level, although the state Supreme Court can assume original jurisdiction in some circumstances.

It is difficult for the average voter to properly assess whether an appellate court judge should be retained. However, the judges do have their votes recorded on cases that come before them. Combined with information as to which governor appointed them to the Court, voters can make a judgment as to whether a specific judge should be retained.

Oklahoma voters will find nine justices on their statewide November General Election ballot. If a judge is not retained, then a different judge will be named via the process involving the JNC and the governor.

State Supreme Court

Four judges (or “justices”) are up for retention on the November ballot. In short, three – M. John Kane IV, Travis V. Jett, and Dana Kuehn – are deserving of retention. One, Richard B. Darby, should be defeated.

M. John Kane IV (District 1) was first appointed by Governor Kevin Stitt in 2019, and has been described as a “strict constitutionalist.” For example, Kane has consistently upheld anti-abortion laws passed by the Oklahoma Legislature, such as Senate Bill 1503, which prohibited abortion after a fetal heartbeat has been directed. He also voted to uphold HB 4327, which prohibited all abortions from the time of conception.

Travis V. Jett (District 4) was appointed by Governor Stitt in 2025 and is seeking approval to serve the remainder of a term ending in January 2031. Because of his short time on the court, there is limited information on which to grade him, but he did represent the conservative Oklahoma Council of Public Affairs (OCPA) in fighting against Medicaid expansion in Oklahoma.

Dana Kuehn (District 6) was named to the state high court by Governor Stitt, in 2021. Like Kane, she has upheld anti-abortion statutes enacted by the Oklahoma Legislature.

While Richard B. Darby (District 9) was placed on the Court in 2018 by another Republican governor, Mary Fallin, and has been a huge disappointment on the Court. He has voted in opposition to all five anti-abortion bills he has had the opportunity to weigh in on. Additionally, Darby voted to overturn a law prohibiting schools from instituting mask requirements on children, and opposed requiring absentee ballots to be notarized. It appears that Darby should not be retained.

Court of Criminal Appeals

Robert L. Hudson (District 2) was placed on the Court by Governor Mary Fallin in 2015. While decisions of the judges on the Court of Criminal Appeals are not as likely to lend themselves to a discernable judicial philosophy as civil court judges, Hudson has consistently upheld the sovereignty of the state in jurisdictional disputes resulting from individuals claiming to be exempt from state jurisdiction because of tribal ties.

Court of Civil Appeals

Stacie L. Hixon (District 1 - Office 1) has been serving on the Oklahoma Court of Civil Appeals since his appointment by Governor Kevin Stitt in 2020.

Jane P. Wiseman (District 1 - Office 2) was placed on the Court in 2005 by Governor Brad Henry, the last Democrat to occupy the governor’s office. Wiseman is on the short list of most liberal judges ever to serve on the Court of Civil Appeals. For example, she was for the overturning of Oklahoma’s Defense of Marriage Act (which declared marriage is between a man and a woman), and in 2014 she even officiated the first ceremony of two lesbian women.

Likewise, Deborah B. Barnes (District 2 - Office 1)was also a selection of Governor Henry. She has been on the court since 2008.

James R. Huber (District 2 - Office 2) has been serving on the Oklahoma Court of Civil Appeals since his appointment by Governor Kevin Stitt in 2023.

Readers are urged to carefully consider the importance of these appellate court judges on our state. If not retained by voters in November, replacements would be picked by the winner of the governor’s race after they take office next January. It is obvious that a selection by Republican nominee Mike Mazzei would likely be more conservative than a selection by Democrat nominee Cyndi Munson. Mazzei is favored to win the election.