March 11, 2024

Democracy Watch

Judge Revives Lawmakers’ Open Records Lawsuit

By Keaton Ross | Democracy/Criminal Justice Reporter

State Reps. Justin Humphrey, R-Lane and Kevin McDugle, R-Broken Arrow do in fact have standing to pursue an open records lawsuit against District Six District Attorney Jason Hicks, Stephens County District Judge Brent Russell decided last week. 

The decision is a reversal from the court’s initial ruling on Feb. 16, where Russell determined that Humphrey and McDugle could not be listed as plaintiffs in the lawsuit because they retained Houston attorney Christina Vitale to request the records on their behalf. The plaintiffs faced a March 15 deadline to amend the lawsuit or have the case dismissed. 

Upon further review, Russell determined there was a sufficient connection between the lawmakers and Vitale and the lawsuit may proceed with Humphrey and McDugle as plaintiffs. The ruling does not “insinuate the validity” of the lawmakers’ claims, Russell wrote in the brief filing issued on March 6. 

In the initial lawsuit filed on Dec. 20, Humphrey and McDugle claimed Hicks willfully withheld communication records related to death row prisoner Richard Glossip’s April 2023 clemency hearing. Hicks denied the open records request, filed weeks after Glossip’s clemency hearing, asserting that the messages were made in a personal capacity and therefore shielded from the Oklahoma Open Records Act. 

In an interview with Oklahoma Watch, Humphrey said the duo filed the lawsuit on the suspicion that district attorneys were improperly influencing Pardon and Parole Board members. Both lawmakers have been ardent supporters of Glossip, whose execution has been stayed pending the outcome of a U.S. Supreme Court decision. 

On Feb. 28, a bill sponsored by McDugle to implement a death penalty moratorium cleared the House Criminal and Corrections Committee, which Humphrey chairs. House Bill 3138 has a March 14 deadline to clear the full House and move to the Senate, where David Bullard, R-Durant, has agreed to sponsor the bill. 

Have thoughts, questions or story ideas? Let me know at Kross@Oklahomawatch.org.

What I’m Reading This Week:

• House GOP Designates Rep. Kyle Hilbert as Next Speaker: Barring a massive change, Hilbert, 29, will become the youngest speaker of the House in Oklahoma history. Asked about his youthful exuberance, Hilbert referenced Americans’ pain seeing “octogenarian politicians” in Washington and said he will be able to relate to the lives of many Oklahomans as a parent raising small children. [NonDoc]
• House Bill Reverses Vote of the People on Criminal Justice Reform: State Question 780 raised the dollar amount to $1,000 from $500 for theft to be classified as a felony. House Bill 3694 reverses that, lowering the threshold back to $500. Bill author John George, R-Newalla, said thefts have dramatically increased since the state question passed. [Oklahoma Voice]
• One Prisoner Called 911 For Help at an Understaffed Oklahoma Prison: There were 88 correctional officers working at the Allen Gamble Correctional Facility in February, according to the Department of Corrections, down from 161 in August 2023. [The Frontier]

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