JANUARY 16, 2025 -- Since 2006, Gavel to Gavel has tracked state-by-state legislative activity, potentially impacting state courts.
Legislature considering 2 dozen bills impacting the judiciary in general and focused on the state's supreme court in particular, including:
- Reduces the number of justices on the court from 7 to 5.
- Transfers the state’s judicial disciplinary commission to the attorney general's office "for administrative purposes."
- A resolution to declare Marbury v. Madison misinterpreted. "That the belief that the court has exclusive authority to interpret the constitution and that its decisions are binding on the other two branches is a myth." An almost identical bill was approved by the Montana Senate in 2023.
- Sets the standard for the state's supreme court to find a law unconstitutional as "beyond a reasonable doubt."
- Eliminates all original jurisdiction of the state's supreme court other than in habeas corpus cases.
- Requires deliberations of the supreme court be recorded and made available to the public
- Missouri bill increases penalty for posting the name, home address, Social Security number, telephone number, or any other personally identifiable information (PII) of a judge.
- Missouri bill provides that any person convicted of the offense of tampering with a judicial officer or the offense of tampering with a judicial proceeding shall not be eligible for parole, probation, or conditional release.
- Arkansas bill would require disclosure of dark money/third-party spending in judicial elections.
- Oklahoma bill would subject the state's Judicial Nominating Commission to the Open Meetings Act.
- Oklahoma bill would require judges up for retention elections to put their party designation on the ballot along with the name of the governor who appointed them and the year they were appointed.