OKLAHOMA CITY (KFOR) — After an Oklahoma justice was voted out in a retention election for the first time in state history on Tuesday, it's now up to the governor to appoint a new justice to fill the seat.
Voters elected to remove District 4 State Supreme Court Justice Yvonne Kauger in the 2024 by a margin of 7,046 votes. The two other justices on the ballot, Noma Gurich and James Edmondson, were able to keep their seats by narrow margins.
Kauger will finish out her term on January 13, 2025, and after that, a new justice appointed by Governor Kevin Stitt will take her place.
The three judges were the targets of attack ads during the election. The ads were paid for by political action committees.
Rep. Jason Lowe (D-Oklahoma City), an Oklahoma City lawyer, said judges should never be influenced by PACs.
"It was shocking," said Lowe. "They should always follow the law and where the evidence leads them. So it's unfortunate that individuals that are rich, that are wealthy, are trying to influence judicial decisions."
Kauger and other justices have questioned the constitutionality of recent cases, like the St. Isidore Virtual Catholic Charter School.
"I think what the real issue was, you know, there was some individuals and organizations that took issue with some of the votes that these members of the court took on particular cases," said Rep. Erick Harris, R-Edmond. "That was the issue."
In October, Harris held an interim study to take a look at possible reform for Oklahoma's Judiciary Nominating Commission (JNC). The commission is responsible for picking Kauger's replacement, and has been a topic of conversation among some lawmakers. The JNC was put into place in 1967 to protect against political interference.
The JNC will start vetting applicants and provide the governor with a list of three nominees for the position. The commission is made up of 15 members—six appointed by Stitt, six by the Oklahoma Bar Association, on by the Senate Pro Tem, one by the Speaker of the House, and one by the other 14 members of the commission.
| Name | Congressional District | Appointed by | Term Expires |
| Aaron Abbott | District 1 | Gov. Kevin Stitt (R) | October 5, 2025 |
| Matt Hendrix | District 2 | Gov. Kevin Stitt (R) | October 5, 2025 |
| Michael Daniel | District 3 | Gov. Kevin Stitt (R) | October 5, 2027 |
| Timothy Lashar | District 4 | Gov. Kevin Stitt (R) | October 5, 2029 |
| William Schonacher | District 5 | Gov. Kevin Stitt (R) | October 6, 2027 |
| Rob Cummins | District 6 | Gov. Kevin Stitt (R) | October 5, 2029 |
| Lori Few | At-Large | Members of the Commission | October 5, 2025 |
| Jeremy Bailey | At-Large | President Pro Tem of the Senate | September 25, 2025 |
| Cliff Agee | At-Large | Speaker of the House of Representatives | September 15, 2025 |
| Mary Quinn Cooper | District 1 | Oklahoma Bar Association | October 5, 2029 |
| Weldon Strout | District 2 | Oklahoma Bar Association | October 5, 2029 |
| James Bland | District 3 | Oklahoma Bar Association | October 5, 2025 |
| David Butler | District 4 | Oklahoma Bar Association | October 5, 2025 |
| Joel Hall | District 5 | Oklahoma Bar Association | October 5, 2027 |
| David Petty | District 6 | Oklahoma Bar Association | October 5, 2027 |
According to the Governor's Office, the JNC is able to open the application period immediately in this instance rather than wait until Kauger's term ends in January since the vacancy "is certain to occur."
Once Stitt receives the list of nominees, he has 60 days to appoint one of the three. If he does not appoint one during that time, then the responsibility will fall on the Chief Justice of the State Supreme Court to appoint a new justice.
"This is a historic day," Stitt said Wednesday morning regarding the retention election results. "Voters made it clear they are tired of activist judges on our Supreme Court who don’t share our Oklahoma values. It’s time for fresh eyes on the Court."
Cherokee Nation Principal Chief Chuck Hoskin Jr. also shared his thoughts on social media early Wednesday morning.
"Mixed results for Okla Supreme Court. Justice Kauger, the driving force behind the Sovereignty Symposium since 1988, was narrowly defeated by Gov Stitt’s dark money campaign," Hoskin said. "The loss is a blow to those who believe in tribal sovereignty and a win for those who fear and oppose it. The most anti-tribe governor in state history will appoint her replacement. Two other targets- Gurich and Edmondson- won. I appreciate the service of all three. The work of defending & asserting tribal sovereignty must continue undaunted."
The Oklahoma Bar Association sent News 4 the following statement on Wednesday afternoon.
The Judicial Nominating Commission has for, over 50 years, helped ensure fairness and impartiality in our state’s courtrooms, and the Oklahoma Bar Association continues to champion the JNC model. The JNC has a proven track record of providing the governor with excellent judicial candidates, as it has done since 1967 when Oklahoma voters chose to amend the Constitution to establish the commission. The OBA encourages all Oklahomans to learn more about our state’s highly regarded method of judicial selection that ensures only the most qualified applicants are presented to the governor for appointment.
OBA President Miles Pringle
