JUDGES,JUSTICES, & STATE QUESTIONS 2020
by Georgia Williams & Steve Fair
Since 1994, Georgia Williams of Lawton and Steve Fair of Duncan have provided voters with their views on the State Questions that appear on the ballot. They are former hosts of The Grapevine, a popular weekly political talk show heard from 2005-2010 throughout SW Oklahoma. Williams and Fairs’ views do not necessarily reflect the views of the Republican Party. They can be reached by email at okgop@aol.com.
STATE QUESTION NO. 805, Initiative Petition # 421
This measure seeks to add a new Article II-A to the Oklahoma Constitution. This new Article excepts and does not apply to persons who have ever been convicted of a violent felony. It would prohibit the use of a former felony conviction to increase the statutorily allowable base range of punishment for a person subsequently convicted of a felony. Individuals who are currently incarcerated for felony sentences that were enhanced based on one or more former felony convictions, and whose sentences are greater than the maximum sentence that may currently be imposed for such felonies, may seek sentence modification in court. The new Article sets forth a detailed process for such sentence modification, including but not limited to requirements for a hearing, appointment of counsel for indigent petitioners, and notification of victims, and requires that the court impose a modified sentence no greater than the current maximum sentence which may be imposed on a person convicted of the same felony with no former felony convictions, and which results in no greater time served in prison than under the original sentence. It establishes an appeal procedure, provides an effective date, and contains a severability clause.
SHALL THE PROPOSAL BE APPROVED?
GEORGIA’S VIEW: NO- My concern about SQ 805 is that it is a Constitutional Amendment. Reforms passed by voters in 2016 were changes to statutes and can be revised by the Legislature. Amendments can only be changed by a vote of the people. That is done either by Legislature putting a question on ballot - rarely - or the initiative petition process – timely and expensive. This question focuses on non-violent crimes and sentencing for such crimes. If passed, this would prohibit the use of prior felony convictions in non-violent cases and let those currently serving time for non-violent crimes who were sentenced with enhancement (looking at priors) to be able to petition the court to have their sentence reduced. Looks like a home-run for the repeat non-violent criminal. This is being proposed as a way to reduce prison population and save money. At what cost to public safety? DA’s and Judges currently have a lot of lee-way in sentencing. It’s been stated that a better solution would be ‘a thoughtful and well-researched sentencing code’ from our Legislature. But, lawmakers have not shown much willingness to take on such reforms. This state question in the form of an amendment needs to go back to the drawing board and our Legislature needs to do their job! Meanwhile, there’s an old saying….if you can’t do the time, don’t do the crime.
STEVE’S VIEW: NO- Oklahoma’s crime rate has increased since voters approved two state questions in 2018 that reduced drug possession and some former property crimes to misdemeanors. Much of the this so-called criminal justice reform is being driven by the desire to reduce the number of people in jail in the state. Removing the ability of a prosecutor from using a criminal’s past felonies against them will put more criminals back on the street.
STATE QUESTION NO. 814, Legislative Referendum # 375
This measure seeks to amend Article 10, Section 40 of the Oklahoma Constitution (Section 40), which directs proceeds from the State's settlements with or judgments against tobacco companies. Currently, Section 40 directs 75% of proceeds to the Tobacco Settlement Endowment Trust Fund (TSET Fund), where earnings may only be used for tobacco prevention programs, cancer research, and other such programs to maintain or improve the health of Oklahomans. Meanwhile, the remaining 25% of proceeds are directed to a separate fund for the Legislature (Legislative Fund). The Legislature can also direct some of that 25% to the Attorney General.
This measure amends Section 40 to reduce the percentage of proceeds that go into the TSET Fund from 75% to 25%. As a result, the remaining 75% will go to the Legislative Fund and the Legislature may continue to direct a portion to the Attorney General. The measure would also restrict the use of the Legislative Fund. Section 40 currently states only that the Legislative Fund is subject to legislative appropriation. If this measure passes, money from the Legislative Fund must be used to get federal matching funds for Oklahoma's Medicaid Program.
SHALL THE PROPOSAL BE APPROVED?
GEORGIA’S VIEW: YES- Oklahoma receives large amounts of money each year from a lawsuit against the tobacco companies. Called the Tobacco Settlement Endowment Trust Fund (TSET Fund). 75% may only be used for tobacco illness, cancer research, other programs to improve the health of Oklahomans. Another 25% goes to the Legislative Fund. If this question is passed, the percentage that goes to the Legislative Fund will increase and must be used to get federal matching funds for Oklahoma’s Medicaid Program. Most states who have approved expansion of Medicaid as Oklahoma has done, have run into money problems. It seems the use of these funds is still helping Oklahomans with their health issues and is a good way to possibly prevent cuts in programs or a tax increase to pay the cost of Medicaid Expansion. I will vote YES.
STEVE’S VIEW: YES- In 1998, Oklahomans approved a SQ that directed that 75% of the money tobacco companies pay the state under the 1998 Master Settlement Agreement (MSA) go toward stopping smoking and 25% of the money go into a fund the legislature could appropriate. If approved, this would be switched and the legislature would get the 75% and TSET 25%. I have mixed feelings about this. Giving the legislature more money to spend never seems like a good idea, but I am tired of seeing TSET run non-stop commercials that have more to do with general overall health and not about stopping tobacco usage . The legislature would have to use the money to pay for Medicaid, which is health related. I will vote YES on SQ #814.
OKLAHOMA’S BROKEN JUDICIAL SYSTEM
Judges and Justices in Oklahoma are
appointed by the Governor and then confirmed by the State Senate. The Governor is given three possible nominees
by the Judicial Nominating Commission,
a group of fifteen (15). Six are
appointed by the Governor and six by the Oklahoma Bar Association. The other three members are chosen At Large
by the Commission itself. Each Justice
periodically appears on the ballot to be RETAINED or REMOVED. Since
Oklahoma went to a RETENTION ballot for the judiciary, NO JUDGE HAS BEEN
REMOVED! There are eight
judges/justices on the November ballot. It
is difficult to find information on them, but we have done our best to find
what we could. We have based our recommendations
on two primary considerations; (1) Who appointed them. If they were appointed by a liberal, then it
very likely they are liberal and (2) Their length of service. There are two on the 2020 ballot who have
served more than 30 years on the court.
It is past time for Oklahoma to have judicial reform. There should be term limits for all
the judges/justices on the three courts of last resort. We encourage you to contact your legislators
and ask them to initiate judicial reform in Oklahoma which includes not only term
limits, but the dismantling of a self-serving appointee system that is
controlled by the Bar Association. Steve Fair & Georgia Williams
SUPREME COURT JUSTICES
Justice
M. John Kane IV- YES
Date appointed to Court: January 2019
Appointed by: Governor Kevin Stitt
Age: 58
Third generation lawyer from Pawhuska
Served as District Judge for 14 years
Justice
Tom Colbert- NO
Date appointed to Court: 2004
Appointed by: Governor Brad Henry
Age: 71
Former public school teacher in Chicago
First African-American to serve on Supreme Court
Has served on Courts of Criminal Appeals & Civil Appeals
Justice Richard Darby- YES
District: 9th (SW Oklahoma)
Date appointed to Court: 2018
Appointed by: Governor Mary Fallin
Age: 62
District Judge for 24 years in Altus
Wife is Superintendent of Christian School
COURT OF CRIMINAL APPEALS
Justice Rob Hudson- YES
Date appointed to Court: 2015
Appointed by: Governor Mary Fallin
Age: 62
Former DA in Payne County
Former Special District Judge
Established Oklahoma’s 1st drug court
Baptist Deacon
Justice Gary Lumpkin- NO
Date appointed to Court: 1989
Appointed by: Governor Henry Bellmon
Age: 74
Former District Judge
Presiding Judge for CCA( 4th time)
Been on CCA for 31 years
From Madill, OK
Former Marine Reserves
COURT OF CIVIL APPEALS
Judge Jane Wiseman- NO
Date appointed to Court: 2005
Appointed by: Governor Brad Henry
Age: 74
Former District Judge
Was nearly removed in 2014
Officiated at first same sex marriage in Oklahoma
Judge Deborah Barnes- NO
Date appointed to Court: 2008
Appointed by: Governor Brad Henry
Age: 62
Breast cancer survivor
Has been retained twice
Graduated 1st in her law school class
Judge Keith Rapp- NO
Date appointed to Court: 1984
Appointed by: Governor George Nigh
Age: 86
Navy veteran
Former District Judge
Former NASA Engineer
