Pat McGuigan

State Rep. Sean Roberts questions tax credit for Thunder if players choose to kneel disrespect flag

7/31/2020

Oklahoma City – State Representative Sean Roberts, R-Hominy, on Friday (July 31) released the following statement regarding the choice of National Basketball Association (NBA) players to take a knee during the national anthem prior to the beginning of their game.

“By kneeling during the playing of the national anthem, the NBA and its players are showing disrespect to the American flag and all it stands for. This anti-patriotic act makes clear the NBA’s support of the Black Lives Matter group and its goal of defunding our nation’s police, its ties to Marxism and its efforts to destroy nuclear families.

“If the Oklahoma City Thunder leadership and players follow the current trend of the NBA by kneeling during the national anthem prior to Saturday’s game, perhaps we need to reexamine the significant tax benefits the State of Oklahoma granted the Oklahoma City Thunder organization when they came to Oklahoma. Through the Quality Jobs Act, the Thunder is still under contract to receive these tax breaks from our state until 2024.

“Perhaps these funds would be better served in support of our police departments rather than giving tax breaks to an organization that supports defunding police and the dissolution of the American nuclear family.”

State Rep. Sean Roberts questions tax credit for Thunder if players choose to kneel, disrespect flag
Click on the headline to read the full article at CapitolBeatOK

State Question 805 is eligible for statewide election ballot

7/30/2020

Oklahoma City – The Oklahoma Supreme Court has determined the “Yes on 805” campaign’s 248,521 counted (and verified) signatures are sufficient to place State Question 805 on a statewide ballot.

The ballot measure’s 10-day challenge period passed with no challenges issued. The qualified initiative now advances to the Oklahoma State Election Board. Governor Kevin Stitt has until August 24 to decide the proposal will be on the November 3 general election ballot.

Once placed on a ballot, Oklahomans will be able to vote on State Question 805, a reform that would end the use of repeat sentence penalties for nonviolent offenses.

The measure is a constitutional ballot initiative. However, its provisions include explicit allowance for the state Legislature to enact changes to the violent crimes list and to adjust sentence lengths.

The use of repeat sentence penalties, advocates of the state question said in a press release to CapitolBeatOK and other news organizations, “add years to a prison sentence for a nonviolent offense if the person has been convicted of a nonviolent offense in the past, often resulting in excessive sentences for people who have been charged with minor, nonviolent offenses. As a result, Oklahoma’s prisons are overcrowded, and taxpayers are spending over half a billion dollars on corrections each year without improving public safety.”

Supporters believe S.Q. 805 will help reduce Oklahoma’s prison population and save taxpayers up to $186 million over the next 10 years, according to estimates by advocates of the proposition.

A study of the initiative’s provisions, conducted by researchers at the Oklahoma Council of Public Affairs (OCPA) documented a range of savings, along the lines that developed in Texas and other states that have already enacted criminal justice reforms. (https://ift.tt/30bVapB) On an Internet teleconference in June, OCPA executives Trent England (vice president) and Jonathan Small (president) shared their analysis with state reporters.

Yes on 805 submitted around 260,000 signatures to the Oklahoma Secretary of State's office on June 1, 2020. On July 6, 2020, the Secretary of State counted 248,521 signatures and filed them with the Oklahoma Supreme Court for a determination of sufficiency.

“It’s been a long road to get to this point, but what has remained consistent throughout is the support of Oklahomans who know that the way we’ve been handling criminal justice in our state is not working,” said Sarah Edwards, president of Yes on 805. “We’re pleased to say that Oklahomans are one step closer to having the opportunity to make their voices heard this November.”

Edwards continued, in her statement sent to CapitolBeatOK: “Our state is wasting money doling out sentences for nonviolent offenses that are out of proportion to the crimes. Data overwhelmingly shows that resources such as mental health and substance abuse treatment, education and job training are better investments to correct the underlying issue which led to the offense and end the cycle of repeat offenses. Oklahomans have risen to the occasion when criminal justice reform has been on the ballot in the past, and we are confident they will do so again with State Question 805.”

State Question 805 is now pending with the Oklahoma State Election Board for placement on a statewide ballot.

The state District Attorneys Association has expressed opposition to the measure.

Governor Kevin Stitt, an advocate of criminal justice reforms during his first two years in office, opposed circulation of the ballot initiative. He has argued recent reforms need more time to work. The chief executive will designate (within existing strictures) which on which statewide ballot the measure can be considered.

Yes on 805 and Oklahomans for Sentencing Reform, advocates of the qualified ballot initiative, provided this summary of the groups’ objectives: “Oklahomans for Sentencing Reform is a diverse and bipartisan initiative committed to implementing common-sense sentencing reform in Oklahoma. The group, which includes community leaders, advocates and people who are directly impacted, intends to stop the use of harsh and ineffective repeat sentence penalties by advocating to put State Question 805 on the 2020 ballot. For more information, please visit http://www.yeson805.org/.”

Note: Patrick B. McGuigan contributed to the posted version of this report.

State Question 805 is eligible for statewide election ballot
Click on the headline to read the full article at CapitolBeatOK

The Nine Oklahoma Senate Democrats gain a share of Interim Studies

7/29/2020

Outnumbered 38-9 in the upper chamber of the Oklahoma Legislature, the Democratic Caucus nonetheless secured a share the limited number of Interim Studies approved last week by Senate President Pro Temp Greg Treat, R-Oklahoma City.

Senate Minority Leader Kay Floyd will have two important interim studies as a result of Treat’s process.

With the General Government Committee, the Oklahoma City Democrat will lead a “Study regarding state employees teleworking, the effects of telework, and access to technology pre- and post- COVID-19.”

With the Health and Human Services Committee, Sen. Floyd will direct a “Study regarding hotline reporting for various state agencies and advocacy groups in Oklahoma.”

Floyd’s fellow Democrats from the Oklahoma City gained approval to study a significant cluster of issues between now and year’s end.

George Young will work with Rules Committee on timely issues

Sen. George Young, D-Oklahoma City, will lead a pair of studies, both through the Rules Committee. The first is a “Study on equality issues relating to racial discrimination and bias, state agencies and employees, communities, organizations and businesses of this state.” The second is “A study on community racial impact statements, specifically proposed legislation's effects on the incarceration rate of certain demographics and burgeoning DOC [Department of Corrections] population.”

Senator Kevin Matthews of Tulsa also has a pair of approved studies. Though the Education Committee he and colleagues will study Oklahomans “suffering from deafness or dyslexia, which often go undiagnosed.”

Matthews also the guiding force behing a look at “Officer & Citizen safety options - Ways to address officer safety without utilization of excessive force (Best Practices)” in the Public Safety Committee.

Sen. Michael Brooks-Jimenez, D-Oklahoma City, secured support for a study focused On “Minority Businesses: to explore ways to incentivize and grow minority businesses in historically disadvantaged locations,” to be managed with the Senate Business, Commerce and Tourism Committee.

Sen. Carri Hicks, D-Oklahoma City, will guide, with the Senate Retirement and Insurance Committee an IS (independent study) “Examining the diabetes standards of care and needed insurance coverage to prevent negative health outcomes for individuals with diabetes.”

Sen. Hicks will also guide, through the Health and Human Services Committee, “A consumer safety inquiry into the sale of padded crib bumpers and risks of suffocation and strangulation.”

Senator Julia Kirt, D-Oklahoma City, will -- also with the Health and Human Services Committee – work on “A study on transitions for individuals with intellectual or developmental disabilities from public schools to further education, employment, and independent living.”

A top Republican leader in the upper chamber, Roger Thompson of Okemah, will work with Sen. Kirt on “Examining the potential for the Pay for Success (PFS) innovative contracting model to be used in more areas of Oklahoma’s social programs to improve outcomes.” That study will work through the Appropriations Committee, another powerful panel each and every legislative session.

Senator Mary Boren of Norman gained approval for “A study on the state's use of debit cards to deliver state benefits and if it could be accomplished within the state of Oklahoma without having to use a company like Conduet.” The first-term Democrat’s study will be under the umbrella of the Business, Commerce and Tourism Committee.

Senator J.J. Dossett, D-Owasso sought and gained a study to focus “on the value of the Earned Income Tax Credit,” which will be part of the Finance Committee’s work.

As reported in CapitolBeatOK's story focused on Republican-led studies, the full list of approved interim work is available at the state Senate website.

When meetings for the interim studies are scheduled, Senate committees will send hearing notices, which also will be published on the Senate website.

Treat said interim studies must be completed by Friday, October 30.

NOTE: Publisher Pat McGuigan contributed to this report.

www.CapitolBeatOK.com

The Nine Oklahoma Senate Democrats gain a share of Interim Studies
Click on the headline to read the full article at CapitolBeatOK

Oklahoma Senate President Pro Temp Greg Treat announces Interim Studies approved for Republican members

7/29/2020

OKLAHOMA CITY – The leader of the Oklahoma Senate released the list of approved studies for the 2020 interim. Senators submitted 64 requests and Senate President Pro Tempore Greg Treat, R-Oklahoma City, said that 39 study requests were approved.

Treat’s announcement came late last week. Members of both parties area will be “players” in the coming months, in terms of studying substantive policy ideas.

Treat said the interim study requests were assigned to the standing Senate policy committee with jurisdiction over the subject matter of the request.

Now that the studies have been assigned to Senate committees, committee chairs will determine when to conduct the studies, Treat said.

This legislative interim presents logistical challenges which led to fewer interim studies being approved, Treat said. Due to the ongoing renovation of the Capitol, the Senate only has one available committee room for use this interim. Treat also said the Senate intends to implement social distancing due to COVID-19 which further limits the ability to hold more studies.

“In a typical year, we can accommodate most interim study requests. But this is not a typical year. With only one Senate committee room available for use and the need to implement social distancing due to COVID, we limited each senator to no more than two approved study requests. There are some great topics to cover this year and I look forward to what ideas develop during interim studies,” Treat said.

Republican Pro Temp will guide two key studies

Treat announced he will guide a study on “Law Enforcement Policies: use of force, de-escalation, and real world applications,” working with the Public Safety Committee.

The President Pro Temp will also guide “A study of the 2020 reforms to the Open Meetings Act and future opportunities to leverage technologies to better serve Oklahomans.”

That interim study will work its way through the Rules Committee, arguably the most important of all Senate panels.

Two members of the Republican leadership – Kim David of Porter and Roger Thompson of Okemah, will administer the interim study on “Universal training requirements for police officers.”

Sen. Thompson is also working with Democratic state Sen. Julia Kirt of Oklahoma City to lead a study focused on use of the Pay for Success (PFS) concept in state governance.

Sen. Paul Rosino gained approval of two studies that will work through the Business, Commerce and Tourism Committee. The Oklahoma City Republican, whose district follows a “U-shape” around the south side of Oklahoma City, will guide a study touching the “Oklahoma Air Service Development Grant Pilot Program: offer financial assistance by grant to private or public entities for assisting commercial air service development.” Rosino is also leading a look at “Unmanned aircraft systems (UAS) economic advancement and potential increase for economic development in Oklahoma.”

Senate Adam Pugh of Edmond will work with the Public Safety Committee for “A study on the Center of Excellence and ONENET utilizing tag agents to provide full privatization of drivers’ licensing services.”

Three other Republican members will direct interim studies to be administered through the Appropriations panel.

Tom Dugger of Stillwater will study the “State Fire Marshal's Office: the duties and responsibilities of State Fire Marshal’s office and the creation of a state building office for a one-stop place for codes.”

Chuck Hall of Perry is looking at “An evaluation of the County Improvement for Roads and Bridges Fund.”

Brent Howard of Altus will guide the “study on prison housing and health care: county jails and expanded Medicaid.”

The Public Safety Committee will consider a cluster of substantive issues for interim study. Kingfisher’s GOP Senator Darcy Jech will guide a look at the Department of Corrections’ “Procedures and Practices During a Health Crisis.”

Republican Paul Scott of Duncan was approved for a “Discussion of mental health issues that affect firefighters, law enforcement, District Attorney’s, DOC workers, etc. to help create a more supportive work environment.”

Darrell Weaver of Moore is the leader for a look at “Temporary Personnel Transfers in State Law Enforcement: The study will explore the idea of allowing temporary duty transfers between state law enforcement.”

Sen. Weaver will also guide a Judiciary Committee “study exploring current laws regarding grandparents' rights to determine if legislative modifications are necessary..”

Meanwhile, Sen. Scott also has approval to study, in Appropriations meetings this interim period, “Roads and Bridges: to determine funding for maintaining and improving city and county roads."

Approved studies for Senators Leewright, McCortney, Murdock, Paxton

Senator James Leewright, R-Bristow has two studies center in Business, Commerce and Tourism, including one on the Oklahoma Employment Security Commission (OESC) “and Unemployment: How do we learn from the Pandemic and how do we become better prepared?” His second approved study will focus on “Oklahoma lakes: Need for development, barriers from state and federal levels, and how we might build better partnerships between state, federal, and private sectors.”

Greg McCortney of Ada has responsibility for “Tribal Health and Medicaid Managed Care – how to avoid leaving federal money on the table in managed care contracting,” as well as “Medication Assisted Treatment for drug addiction and the role these drugs could play in making Oklahoma a Top Ten State.” Both of those studies are centered in the Health and Human Services Committee.

In the Agriculture and Wildlife Committee, Republican Senator Casey Murdock of Felt will lead a study on “the rules and regulations on beef processing facilities.”

Senator Lonnie Paxton, R-Tuttle, gained approval for an Energy Committee “Examination of the current statutes regarding surety and financial statements for oil and gas operators as well as disposal well operators in Oklahoma.”

Bergstrom, Dahm and Gann to look at diverse issues

Senator Michael Bergstrom, R-Adair will direct the interim study aiming at an “Evaluation of Career Tech Training Programs: completion rates, long-term success of students in relevant careers, number of programs training skills to earn a good wage,” working through the Education Committee. Bergstrom will also be ramrod for a Health and Human Services panel look at the “Oklahoma Forensic Center: Operations, interactions with local law enforcement, frequency and type of incidents, working conditions, and effects on community at large.”

Senator Nathan Dahm of Broken Arrow and Senator Tom Gann of Inola will shared guidance over a study “To analyze potential improvements, changes, & reforms so the legislature is more involved in the Administrative Rules process.” The two Republicans will do the work through the Rules Committee.

Senators and Representatives share approval to conduct three joint interim studies

A trio of studies will include both a Senator and a member of the state House of Representatives at the helm.

Senator John Michael Montgomery, R-Lawton, and Rep. Marcus McEntire, R-Duncan, take the lead in the Retirement and Insurance Committee’s study “Exploring options for increasing access to retirement savings programs to encourage Oklahomans to secure their financial future.”

The Appropriations Committee has two interim studies in areas requested by State Sen. Joe Newhouse, R-Broken Arrow, and state Rep. Sheila Dills, R-Tulsa. These include a look at “Education funding: Bilingual funding, testing, qualifying, school procedures, transparency and accountability” and “Transportation funding in changing virtual environment, funding for schools utilizing city transit systems & 1.5-mile rule for transportation.”

The full list of approved studies is available at the state Senate website. When meetings for the interim studies are scheduled, Senate committees will send hearing notices, which also will be published on the Senate website.

The Interim Studies led by members of the Democratic caucus are reported in a separate story posted today.

Treat said interim studies must be completed by Friday, October 30.

NOTE: Publisher Pat McGuigan contributed to this report.

www.CapitolBeatOK.com

Oklahoma Senate President Pro Temp Greg Treat announces Interim Studies approved for Republican members
Click on the headline to read the full article at CapitolBeatOK

Mask or No Mask? A Commentary

7/27/2020

The Centers of Disease Control (CDC) recommend people wear a mask in public settings and when around people who don’t live in their household, especially when other social distancing measures are difficult to maintain. They contend the masks can help prevent people with COVID-19 from spreading it.

They write: “Cloth face coverings are recommended as a simple barrier to help prevent respiratory droplets from traveling into the air and onto other people when the person wearing the cloth face covering coughs, sneezes, talks, or raises their voice. This is called source control.”

Three observations:

First, mandating masks does affect individual liberty. But so does requiring individuals to wear a seatbelt, making them take their shoes off going through a TSA checkpoint, or having a speed limit on highways. Americans have submitted to those restrictions on their liberty with barely a whimper.

The State of World Liberty Index was created to score countries in three categories: individual freedom, economic freedom and government size and taxation. The 2020 ranking does not have the United States in the top 10. Americans have been losing liberty at a steady rate since the 9/11 attacks on the World Trade Center. A case can be made that the Patriot Act actually punished Americans more than those who planned the attacks. Make no mistake, individual liberty is sacrificed when government authorities mandate anything, including masks.

Second, medical experts say masks help stop the spread of COVID-19. The vast majorities of medical people encourage people to social distance and wear masks. There are skeptics who believe the COVID-19 pandemic is overblown, political, and a conspiracy of the deep state. Clearly, some(on both sides of the aisle) are taking political advantage of the situation, but the COVID-19 virus is real. If wearing a mask helps our neighbor, what’s the harm in doing it? It just seems dying on the hill of not wearing a mask while ignoring an out of control national debt and a crumbling country is a bit ironic.

Third, people who wear masks are not weak, meek, or lack faith. Those who don’t wear masks aren’t stronger, have more faith or courage than their mask wearing brothers. Mask wearers are being cautious and it is their God-given and constitutional right to wear the mask. They shouldn’t be heckled or put down by the non-mask wearers. Conversely, those who choose not to wear a mask shouldn’t be heckled or put down by the mask wearers. That is the principle of personal liberty.

The debate on mask wearing borders on the insane. Name calling, insults and caricaturing of those who disagree is often unkind and unchristian. Insulting elected officials and questioning their political leanings is the order of the day.

Wearing a mask or not wearing a mask may or may not stop the spread of COVID-19 – only God knows – but wearing or not wearing a mask will not be the instrument that destroys America.

Not recognizing that others have a right to disagree impedes liberty more and is far more destructive.

NOTE: Steve Fair’s regular commentaries are printed widely in Oklahoma newspapers, and at the CapitolBeatOK.com news website. Fair is Chairman of the Fourth Congressional District Republican Party in southwest Oklahoma. He can be reached by email at [email protected]. His blog is stevefair.blogspot.com.

Mask or No Mask? A Commentary
Click on the headline to read the full article at CapitolBeatOK

Virtual Heroes Ball on July 31. OICA Joins GotMaskOk Initiative Fighting COVID-19

7/27/2020

We are only a few days away from the Oklahoma Institute for Child Advocacy’s 2020 Heroes Ball. The local and even national attention that our event is receiving is encouraging OICA for taking innovative approach during these times.

OICA will honor our award winners with a virtual ceremony Friday, July 31, on the Zoom platform. Postmates has agreed to sponsor the banquet meals by offering gift cards to our ticketholders so they can order their meal from local restaurants that use their mobile app. To learn more about our event, go to oica.org and click on the “Heroes Ball” link or check the #VirtualHeroesBall hashtag on social media.

With the news that two high profile elected officials recently contracted COVID-19, OICA is continuing to encourage people to help stop the spread by doing what they can.

We offer our prayers and well-wishes to Gov. Kevin Stitt and Tulsa County Commissioner Karen Keith as they recover, along with all the others out there who are suffering from this disease.

Recently, one county in Texas reported 85 positive tests with children one-year-old and younger. COVID-19 is not just something that impacts adults. Please do what you can to keep children safe, and certainly speak up to your local school board to ensure they are taking every precaution to keep all students and teachers safe when schools re-open.

Sadly, Oklahoma recently suffered our first death of a child, according to state health officials. A 13-year-old Fort Sill resident – a dependent of a service member stationed at the base – who tested positive for the coronavirus is Oklahoma’s first pediatric COVID-19 death.

“Our prayers are with the family and community as they mourn the loss of a young, innocent life,” said Oklahoma Interim Health Commissioner Lance Frye in an interview with the Oklahoman following the announcement. “It is critical for Oklahomans to partner with us in following the latest public health guidance to minimize the spread of COVID-19 and protect our most vulnerable populations. Wash your hands often, limit social engagements, and consider wearing a mask where physical distancing is challenging.”

I will take his comment one step further: please wear a mask anytime you are around others. OICA is continuing our effort to help decrease the number of cases in our state by joining an initiative with multiple health-related organizations called “GotMaskOK.”

Oklahoma’s economy cannot successfully re-open sustainably without promoting and protecting a healthy workforce. As all Oklahomans continue to deal with the COVID-19 pandemic, the Healthier Oklahoma Coalition has developed this “GotMaskOK” campaign (Facebook: https://www.facebook.com/GotMaskOK/

and visit this website: https://wwwgotmaskok.org).

The coalition includes the Oklahoma State Medical Association, Oklahoma Hospital Association, Oklahoma Osteopathic Association, Oklahoma Nurses Association, Oklahoma Academy of Family Physicians, Oklahoma Institute for Child Advocacy, and many others.

This social media campaign encourages Oklahomans to wear masks whenever in public – and many national stores such as Walmart have adopted this policy. The simple act of wearing a mask – along with social distancing in public (six-foot distance whenever possible) and properly washing/disinfecting hands throughout the day – will create a safer environment and help prevent the spread of this potentially deadly disease.

Please review the GotMaskOK website and Facebook links. Share your picture and your story.

By helping spread this positive message and help decrease the negative chatter on social media will help encourage your friends and neighbors to be more proactive, no matter where you live in Oklahoma.

NOTE: Joe Dorman is executive director at the Oklahoma Institute for Child Advocacy (OICA). He is a former state legislator whose 2014 campaign for governor had the support of The City Sentinel newspaper.

Virtual Heroes Ball on July 31. OICA Joins “GotMaskOk” Initiative Fighting COVID-19
Click on the headline to read the full article at CapitolBeatOK

Analysis: Otoe-Missouria Comanche say state court cannot invalidate their compacts with Oklahoma

7/24/2020

Oklahoma City City – The Otoe-Missouria and Comanche tribes asserted, in statements this week, that sovereignty makes a recent Oklahoma state Supreme Court decision inoperative when it comes to pursuing their respective peoples’ economic advancement.

Early this week, the Oklahoma state Supreme Court ruled to strike down compacts that Oklahoma Governor Kevin Stitt had negotiated with the two nations.

From the headquarters of the Otoe-Missouria Tribe in Red Rock, Chairman John R. Shotton sent to CapitolBeatOK and other news organizations a response to the state judicial ruling.

He said: “The Oklahoma Supreme Court doesn’t have jurisdiction to invalidate our compact when state and federal law dictates that our compact is legal. We have said all along we do not plan to offer house-banked card and table games and event wagering until they are authorized by state law. Indeed, this condition was part of the compact, and it was unfortunately overlooked by the Court.

“We will continue to operate under the remaining terms of our compact pursuant to the severability clause of the compact, and we will refrain from operating any game that is not authorized under state law.”

Chairman William Nelson, Sr. of the Comanche Nation took a similar position in his statement to news organizations, saying “Our compact is legal under federal law and is a matter of our tribal sovereignty. We intend to continue operating under the terms of the compact outside of offering games not currently authorized by state law. Our compact is legal and we are prepared to legally invoke the compact’s severability clause if necessary.”

The actions of both tribal leaders in forging an accord with state Gov. Stitt were approved by the Bureau of Indian Affairs in Washington, D.C.

In a commentary (https://ift.tt/3eW4TEW), this reporter reflected:

“The U.S. Department of the Interior … approved gaming compacts – between the Comanche Nation and Oklahoma, and the Otoe-Missouria Tribe and the state – starting a new era in state/trial relations. Despite direct opposition from many other tribes – including the Chickasaw Nation, Oklahoma’s most economically powerful tribal entity, the pair of smaller tribes have secured a significant victory.

“For decades, the federal government had made it a habit to grant every possible backdoor and monopoly advantage to the dominant nations, leaving little market share for smaller players. In state government, as the Chickasaw and other Big Tribes gained unfair advantages, much of the ruling class in Indian Country and at the seat of government in Oklahoma City got a bigger and bigger share of the economic clout that comes from tribal rights short of reservation status.

“Yes, the ruling class gave lip service, mouthing sympathetic rhetoric toward smaller tribes for years, instead of supporting the hard work needed (with feet on the ground) to build small tribe economies. It has been comfortable, familiar and easy for federal bureaucrats to decide one close call after another in favor of the most powerful Indian Nations, i.e. those with economic clout and power. And it was easy and convenient for state officials to go along, to get along.

“Tribal rights are important, but tribalism for the sake of the few is not, in the broader context, an answer.

“What is needed in Oklahoma’s Indian Country is what is needed elsewhere in the American economy: An ability for small-scale enterprises to make and retain profits for uses they deem best, better schools (including experiments in school choice for tribal members and their neighbors) for new generations, and affordable means to invest and grow new enterprises for the benefit of tribal members, not a few lawyers and long-serving Big Tribe executives.”

Responding to the state Supreme Court ruling early this week, Attorney General Mike Hunter declared himself the victor, declaring: “[T]he governor lacks the authority to enter into and bind the state to compacts with Indian tribes that authorize gaming activity prohibited by state law. We applaud today’s ruling and appreciate the court for carefully looking at this and coming to an apt conclusion. We hope this settles and advances the resolution of gaming compact negotiations.”

Despite Hunter’s declaration, there is little evidence leaders of the two tribes aforementioned (and others which have agreed on compact terms after discussions with Gov. Stitt) will relinquish independent interpretations of federal-state-tribal jurisdictional issues.

Following are succinct descriptions, provided by the respective nations, of their history:

About The Otoe-Missouria Tribe: The Otoe-Missouria Tribe is located in North Central Oklahoma in Red Rock. There are currently 3,288 members enrolled in the tribe with 2,242 living in Oklahoma. The tribe was relocated to Oklahoma in 1881 from its first reservation on the border of Nebraska and Kansas. For more information about the Otoe-Missouria Tribe, visit https://www.omtribe.org/.

About the Comanche Nation: The Comanche Nation is located in Southwest Oklahoma, with headquarters located right outside of Lawton. The tribe currently has approximately 17,000 enrolled tribal members with 7,000 residing in the tribal jurisdictional area around the Lawton, Ft. Sill, and surrounding counties. In the late 1600’s and early 1700’s the tribe migrated from their Shoshone kinsmen onto the northern Plains, ultimately relocating in Oklahoma. For more information about The Comanche Nation, visit https://ift.tt/2KtZdoU.

Analysis: Otoe-Missouria, Comanche say state court cannot invalidate their compacts with Oklahoma
Click on the headline to read the full article at CapitolBeatOK

Oklahoma teacher union attacks aid to low-income and minority students

7/23/2020

Gov. Kevin Stitt’s plan to use a small portion of the state’s federal COVID funding to address the education needs of some students — primarily homeless children, low-income (and typically minority) students, and teens recovering from addiction — has drawn both praise and criticism. The Oklahoma Education Association (OEA), the state affiliate of the National Education Association (NEA), has been among the most vocal critics But some claims made by the union are contradicted by publicly available data. After Stitt’s announcement of his plan, OEA President Alicia Priest issued a statement declaring, “Gov. Stitt had $40 million to help support Oklahoma schools, which have been overcoming major challenges to feed, educate, and support children in a time of great fear. In the end, he opted to spend only half of those dollars on public schools.”
Oklahoma teacher union attacks aid to low-income and minority students
Click on the headline to read the full article at CapitolBeatOK

Governor Kevin Stitt begins work on state-tribal jurisdictional issues

7/21/2020

Oklahoma City – To address state-tribal jurisdictional issues created by a recent U.S. Supreme Court ruling, Gov. Kevin Stitt announced Monday (January 20) the formation of the Oklahoma Commission on Cooperative Sovereignty. The group will study and recommend changes to state or federal law required due to recent U.S. Supreme Court decisions in McGirt v. Oklahoma and Sharp v. Murphy.

“We know that there is a lot of unpredictability right now,” Stitt said. “We are committed to working with all Oklahomans, Tribal and non-Tribal, to create a practical and sustainable path forward. This commission is the first step.”

In its recent ruling in ‘McGirt v. Oklahoma,’ the U.S. Supreme Court found certain crimes involving American Indians on tribal land in Oklahoma must be prosecuted in federal, not state, court. While the decision directly affected land held by the Muscogee (Creek) Nation, it is expected to equally apply to the Cherokee, Chickasaw, Choctaw, and Seminole nations. The cumulative effect of the ruling could impact nearly half the state of Oklahoma, where 1.8 million people reside, including the city of Tulsa.

Because the ‘McGirt’ decision declared the Muscogee (Creek) Nation’s reservation boundaries were never formally disestablished and that territory remains “Indian country,” the decision is expected to also expand tribal government authority in a wide range of areas, including regulations and taxation.

Public statements indicate tribal leaders hold that view.

“We are looking at ways to expand our sovereignty with the McGirt decision while balancing meeting the needs of our citizens and the communities in which they reside,” Chief Gary Batton of the Choctaw Nation of Oklahoma said in a July 17 statement. “Our commitment is to strengthen not weaken our tribal hard-earned rights to self-government.”

(https://ift.tt/2CVZ9xk)

Stitt’s announcement comes only days after Attorney General Mike Hunter claimed to have separately reached an agreement with leaders of the five tribal nations on proposed federal legislation to address McGirt’s fallout, only to have the alleged agreement begin falling apart almost immediately when two of the five tribes distanced themselves from it.

Seminole Nation Chief Greg P. Chilcoat said his tribe “has not engaged in any such discussions with the State of Oklahoma, including with the Attorney General, to develop a framework for clarifying respective jurisdictions and to ensure collaboration among tribal, state, and federal authorities regarding the administration of justice across Seminole Nation lands.”

Muscogee (Creek) Nation Principal Chief David Hill separately called Hunter’s proposal a “framework in regards to the Five Tribes and not to the Muscogee (Creek) Nation specifically.” Hill said any such agreement would be “temporary” and address only “the immediate transitional period as we address inter-governmental cooperation agreements consistent with the court’s decision …” He also said federal legislation is not necessary and does not have the tribe’s support.

The validity of any agreement reached between the attorney general and tribes is legally precarious since the Oklahoma Constitution and state law grant the governor, not the attorney general, the authority to negotiate and enter into cooperative agreements on behalf of the state with federally recognized Indian tribal governments.

Notably, the agreement announced by Hunter not only addressed jurisdiction in the area of criminal law, but also called for federal law to affirm tribes’ civil jurisdiction in their reservation boundaries including “the ability to legislate, regulate, tax, and adjudicate on non-criminal matters.”

Hunter’s agreement would have granted tribes civil jurisdiction over non-tribal members when the “conduct” of non-members “threatens Tribal self-governance or the economic security, health, or welfare of the Tribe.”

Stitt indicated his commission will take a more comprehensive and thorough approach to ‘McGirt’ issues than the prior discussions held by the attorney general with tribal officials.

“While I appreciate the enthusiasm to rush into agreements, it’s vital that our next steps be thoughtful and informed,” Stitt said. “The Commission provides all Oklahomans with a central platform to help determine what those next steps might be.”

Under the executive order Stitt issued that creates the commission, state agencies, boards, or commissions impacted by the ‘McGirt’ decision must submit a Notice of Potential Impact by Aug. 28, and a more detailed Report of Potential Impact by Sept. 30.

Larry Nichols, co-founder of Oklahoma City-based Devon Energy, will serve chair of the commission. Other members will include former U.S. Sen. Don Nickles, former U.S. Rep. J.C. Watts, state Sen. Julie Daniels, state Rep. Mark Lepak, Alan Armstrong, Brent Bolen, Suzie Brewster, oilman Harold Hamm, and Joe Robson.

Additional members may also include a representative of the Oklahoma Attorney General’s office, a member of the District Attorneys Council, and representatives of Oklahoma’s federally recognized Indian Tribes.

The commission will also hear from and engage with leaders from various sectors of the Oklahoma economy, local communities, and the public.

Leaders of the Cherokee, Chickasaw, and Choctaw Nations responded to Stitt’s announcement with a joint statement (https://ift.tt/32F73WQ) that suggested they preferred working with Hunter, despite the attorney general’s lack of meaningful authority.

“None of the leaders of the Five Tribes support eroding our sovereignty or turning back the recognition of our reservation achieved through McGirt,” leaders of the three tribal nations stated. “We feel that the leaders of each tribe understand that we must be engaged with the state Attorney General and members of Oklahoma’s Congressional delegation if we are to have a meaningful voice in any legislative process that moves forward as a result of McGirt.”

However, the three tribal nation’s leaders suggested the previous announcement with Hunter’s office was rushed.

“Last week’s statement of principles began a discussion with state and federal stakeholders,” the statement said. “Upon further reflection, and after obtaining feedback from the people we represent, leaders of the Cherokee, Chickasaw, and Choctaw Nations agree that more discussion is warranted with stakeholders and the general public.”

Note: Ray Carter is the director of OCPA’s Center for Independent Journalism. This news report first appeared here: (https://ift.tt/3hnuKXY ). The story is reposted here with permission. Photos for this story were selected by Pat McGuigan of CapitolBeatOK.com, an online newssite, and publisher of The City Sentinel newspaper.

Ray Carter has two decades of experience in journalism and communications. He previously served as senior Capitol reporter for The Journal Record, media director for the Oklahoma House of Representatives, and chief editorial writer at The Oklahoman. As a reporter for The Journal Record, Carter received 12 Carl Rogan Awards in four years — including awards for investigative reporting, general news reporting, feature writing, spot news reporting, business reporting, and sports reporting. While at The Oklahoman, he was the recipient of several awards, including first place in the editorial writing category of the Associated Press/Oklahoma News Executives Carl Rogan Memorial News Excellence Competition for an editorial on the history of racism in the Oklahoma legislature.

Governor Kevin Stitt begins work on state-tribal jurisdictional issues
Click on the headline to read the full article at CapitolBeatOK

Doing Some Heavy Lifting: Commuting Julius Jones and Ending Executions in Oklahoma

7/20/2020

OKLAHOMA CITY – Just 13 months ago, the two attorneys leading efforts to save the life of Julius Jones – who I do not believe committed an act of murder in 1999 – unveiled their drive to encourage the Oklahoma Pardon & Parole Board to commute the death sentence that has hung over his head since 2002.

As Dale Baich, the federal public defender from Arizona who has been legal counsel to Jones, put it when he announced the effort, “We have a heavy lift.” (https://ift.tt/2E2D1lJ)

Many more have since that night shown up in varied ways to share the load seeking Justice for Julius. The effort must succeed so that Oklahoma avoids an awful reckoning in the execution of an innocent man. (https://ift.tt/2E2D1Cf)

Vanessa Potkin, who is Director of Postconviction Litigation for the Innocence Project, also spoke at the June 2019 annual dinner of the Oklahoma Coalition to Abolish the Death Penalty (OK-CADP). (https://ift.tt/3jgGVaN)

She gave the shocking factual summary about wrongful convictions and subsequent exonerations in the United States.

To restate and update it:

For all crimes, there have been 2,645 exonerations (https://ift.tt/2g537ED) in America since 1989.

At least 365 of the exonerations were from major crimes, and 20 of the freed individuals had faced the death penalty.

There have been 36 exonerations (https://ift.tt/3eKkDdS) in Oklahoma. Ten of Oklahoma’s exonerations have emerged from Oklahoma’s death row (https://deathpenaltyinfo.org/policy-issues/innocence).

Oklahoma’s problems with the process of executions are well-known, thoroughly documented, rationally stated and amply demonstrated. They are systemic, rooted in not only past and proposed “protocols” for killing those convicted, but in the processes of investigation and the conduct of trials before conviction.

The Oklahoma Death Penalty Review Commission (https://ift.tt/2yq3K3s) completed its work in 2017.

That is still the only review of its kind – a credit to those who worked on it. They were willing to “go there” – and their work has helped lengthen the moratorium that has been sustained since October 2015.

Anyone who actually studies the process, including the commission’s review, cannot possibly believe it is wise to resume using the death chamber at McAlester and that it is good public policy to resume executions in Oklahoma in any circumstances.

However, as federal officials begin again the process of executions (three in the past week) (https://ift.tt/3haA5S7), it’s time for some plain speaking — including about the actual innocence of Julius Jones.

Oklahoma Attorney General Mike Hunter asserts Jones is, without doubt, the person who pulled the trigger on the gun from which the bullet emerged to kill a beloved resident of Edmond, Paul Howell. Hunter held a press conference in which he explicitly declared the guilt of Julius Jones – doubters be damned.

I will not concede.

The Jones family says the honors graduate of John Marshall High School was at home playing board games the night of the killing. I believe them, and not the veiled references to one contradictor. The eye-witness testimony did not and could not directly identify Julius Jones.

Days after the murder, police showed up and quite literally tore the Jones home apart looking for evidence to make their case against young Jones. When I write “tore apart” I am speaking literally.

In that mass of confusion and contention, the finding of a gun – wrapped in a bandanna – should surprise almost no one.

The bandanna was referenced but not examined for two decades.

How can the above paragraphs be deemed good process?

Once the bandanna was finally studied – after a decade and a half in an evidence box — Hunter and the local D.A. declared that testing “proved” Jones is guilty.

I call B.S.

In the recent 2020 Special Edition featuring Julius Jones, Lawrence Koblinsky, a DNA expert from the John Jay College of Criminal Justice stated, “The evidence consists of a bandanna which has a stain…and that stain has a contribution of three donors.” That is the truth.

Baich’s co-counsel Amanda Bass, as seen in a recent television documentary, observed, “The lab determined that there was a partial DNA profile that was consistent with Julius’ DNA profile at 7 out of the 21 tested genetic markers. These results do not constitute a match under law enforcement standards.” That is the truth.

And that’s not all.

Koblinsky said, “How the DNA got there is a very, very important question.” As Bass pointed out, “The red bandana was located in Julius’ bedroom after the police had handled a number of items in Julius’ bedroom.”

Koblinsky asserts, “When you find something in the home of a suspect, you’ve got to be especially careful because you never know how the DNA got on an object.”

Bass observes, accurately: “The district attorney and the Oklahoma attorney general immediately came out and said, ‘these lab results prove that Julius is guilty.’”

She tells the truth. The lab results proved nothing of the kind:

“The lab could not exclude Chris Jordan being among the 3 or more minor contributors of the DNA on the bandana, so no, he [Jordan] could not be excluded,” Bass told 2020.

Chris Jordan –- sentenced to 30 years and only served 15 –- the guy who got incentivized with a promise he would not face the death penalty so long as he testified that his basketball buddy, Julius Jones, was the trigger man.

(https://ift.tt/2OIRK7r)

Mike Hunter has made some dramatic agreements that were not, after all, agreements.

He had used the tone of certainty about guilt in matters where there is plenty of room for doubt about guilt.

As The City Sentinel reported long ago, the local D.A. promised to share a case file (September 2018) that no lawyer for Jones has ever studied – then reneged on that pledge.

(https://ift.tt/2zqczk3).

In a recent online town hall, attorney Dale Baich noted, “We have been trying to get that file since the winter of 2017 and the district attorney just won’t let go of it. There may be something of import in that file or there may be nothing.

“My question is, what does the district attorney have to hide? This should be transparent. For God’s sake, the state of Oklahoma is trying to kill one of its citizens. Why are they playing hide the ball? It should be a very simple decision for the district attorney to say, ‘here’s my file.’”

The above outlines multiple reasons to never, ever, move toward execution of Julius Jones.

All this even before consideration of issues of race raised in this particular case based on evidence, not mere supposition.

The proposition the state should move even one step toward this execution is even more dubious in the present context of broader matters. Commutation is the path of wisdom, because doubt and evidence of actual innocence abide.

This fall, the Oklahoma Pardon and Parole Board (https://ift.tt/30rcczb) plans may move ahead with consideration of a range of cases, including that of Julius Jones.

The argument is made that finality of judgment is needed – that judicial appeals have been exhausted, so the doubters need to shut up.

The P&P board may be the last means, as yet envisioned, to stop the execution of Julius Jones. But process defense should not be declared stronger than the provision of justice itself.

No need to wait on appeals to any higher authority. (https://ift.tt/3fOkBD9)

In his own right, Governor Kevin Stitt should support commutation and consider the evidence for exoneration.

The Attorney General should consider, in the light of abundant evidence, the possibility he is mistaken about certain things.

The P&P Board should end the possibility that the State of Oklahoma will ever execute Julius Jones.

The foregoing is just for starters.

With or without celebrities.

With or without documentaries.

With or without further judicial review.

With or without any official acts of courage.

Julius Jones is innocent and his sentence should be commuted to time served.

Oklahoma needs to end use of the death penalty.

Now, and forever more.

Note: Patrick B. McGuigan is publisher of The City Sentinel newspaper.

Doing Some Heavy Lifting: Commuting Julius Jones – and Ending Executions in Oklahoma
Click on the headline to read the full article at CapitolBeatOK

Pat McGuigan

The dean of all Oklahoma Journalism, Mr Patrick McGuigan; has a rich history of service in many aspects of both covering the news and producing the information that the public needs to know.

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