Judge Or Judge Not? The Retention Endorsements

  Seven judges are seeking another term on our statewide oversight courts. A couple of them are worth keeping. Far more are needing to go. Perhaps the finest judge is retiring.
  Steven Taylor has shown a strong and independent library of case opinions. He has sometimes dissented alone. Even then he has boldly declared his clear intellect and respect for the state's constitutional language.
  The editorial review being published here, is a work subject to further consideration. Comments are especially welcome. But we have gathered enough data to begin the discussion and tip our hand as to which judges we do and do not support for a whole new term.
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Oklahoma Supreme Court:
  As we mentioned above, Steven Taylor is retiring and we call upon the appointed committees to find a set of candidates worthy to sit in his seat.
  We did not use the Ten Commandments ruling in this review. It is our opinion that the constitution is clearly flawed in the so-called "Blaine Amendment" section. The justices were duty-bound to maintain a strict-constructionist ruling on this case. The correct remedy is to change the constitution (which we are doing with state question 790). A failure to pass this reform could result in the Oklahoma National Guard to go without chaplain care during deployment in war.

​For Retention: None

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Against Retention: Winchester & Combs
  James Winchester has consistently disappointing the legislature and been a foot dragging the process of reforming Oklahoma law. His continued selective use of the "One subject" argument is unacceptable. Winchester also ignored the plain language of the constitution 2 years ago when he voted to allow a legislator to run for District Attorney, even though the language of the constitution barred him from being elected until after his legislative term had expired. (Justice Taylor scolded the majority for this ruling)
  Douglas Combs is a clear case of 'lame duck' abuse of power.  Three days after Republican, Ma Fallin defeated Jeri Askin to succeed Brad Henry as Oklahoma Governor; Henry decided his fellow Shawnee Democrat should get this last-minute appointment. Henry has stacked the high court more successfully than any other governor since 1908. Five of the 9 justices are Brad Henry's appointees. If Combs wants to continues serving he should be removed by the voters and then seek a new appointment untainted by lame duck shenanigans.

Judge	Retain?	Dist.	Appt.	Gov.	Law School	Birthplace
Chief Justice John Reif		1st	2007	Brad Henry	University of Tulsa	Skiatook, Oklahoma
Steven Taylor	(retiring)	2nd	2004	Brad Henry	University of Oklahoma	Henryetta, Oklahoma
Noma Gurich		3rd	2011	Brad Henry	University of Oklahoma	South Bend, Indiana
Yvonne Kauger		4th	1984	George Nigh	Oklahoma City University	Colony, Oklahoma
James Winchester	NO	5th	2000	Frank Keating	Oklahoma City University	Clinton, Oklahoma
Tom Colbert		6th	2004	Brad Henry	University of Oklahoma	Oklahoma City, Oklahoma
James Edmondson		7th	2003	Brad Henry	Georgetown University	Kansas City, Missouri
Vice-Chief Douglas L. Combs	NO	8th	2010	Brad Henry	Oklahoma City University	Shawnee, Oklahoma
Joseph Watt		9th	1992	David Walters	University of Texas	Austin, Texas

Al Gerhart, Overcame a blackmail conviction.

Court of Criminal Appeals
For Retention: Hudson
When it comes to constitutional freedoms and civic participation, Robert Hudson became a hero of the grassroots activist. Activist, Al Gerhart, has been a blunt and aggressive voice in state government. He is the leader of the Sooner Tea Party. When Senator Branan used his dictatorial powers (granted by the corrupting senate rules), Gerhart sought all legal persuasions to get the popular bill a hearing and vote.
The majority of the Appeal Court agreed the blackmail charge was improperly applied to Gerhart with Judge Lumpkin writing that "Gerhart’s email did not urge or compel the senator to violate the law or commit an unlawful act."
  Since the email was sent as a political ploy, the majority of judges could not validate the state’s claim that Branan was coerced to do anything against his will.

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  “The record indicates that Appellant was somewhat of an irritant to Oklahoma lawmakers. However, the Constitution protects the rights of the political irritant to contact his elected representative and voice his concerns as much as it protects any citizen’s right to do so,”  expressed Hudson and his majority members
  “Further, the circumstances surrounding the communication indicate the email was sent with the intent to persuade the senator to change his mind about a proposed piece of legislation for which he had not previously voiced support. This is pure political advocacy available to every citizen,” the majority opinion states. “..vehement, caustic and unpleasantly sharp political speech is protected by the First Amendment.”
  “This case presents an issue that goes to the foundation of our Republic, i.e., individual freedom and the protection of the individual’s freedom of expression. The political process places those who seek to serve as legislators in the crosshairs of the divergent views of the public they seek to serve. To preserve the Republic we must continually preserve the right of the citizen to dissent and their desires,” 
The majority also wrote that "a communication is a felony under the state’s blackmail statute based on what the speaker threatens to do".

“Here, Appellant did not threaten to do any act prohibited by the statute. The blackmail charge in this case was premature,” the judge wrote.

Judges David Lewis and Robert Hudson concurred with Lumpkin. Judges Clancy Smith and Arlene Johnson dissented.

Against Retention: Smith
Clancy Smith completely disregarded clear consttutional rights to redress of grievance and free political speech. No illegal or tort cause was committed by Gerhart; yet Smith said;

“Gerhart may or may not have been an irritant to Oklahoma lawmakers. However, in this communication he explicitly threatened one lawmaker, promising to investigate him and his family and expose him to ridicule, if the lawmaker did not ensure a bill was heard and passed. This conduct crosses the line from ‘irritant’ to criminal conduct,” Smith wrote

Judge	Retain?	District	Appointed	Governor	Law School	Hometown
David B. Lewis (Presiding)		5th	2005	Brad Henry	University of Oklahoma	Ardmore, OK
Clancy Smith (Vice)	NO	1st	2010	Brad Henry	University of Tulsa	Tulsa, OK
Robert L. Hudson	YES	2nd	2015	Mary Fallin	University of Oklahoma	Guthrie, OK
Arlene Johnson		4th	2005	Brad Henry	University of Oklahoma	Oklahoma City, OK
Gary L. Lumpkin		3rd	1988	Henry Bellmon	University of Oklahoma	Sentinel, OK

Court of Civil Appeals
This court reviews all civil suits and has the power to adjust or reverse the decisions of lower courts. The Oklahoma Chamber and other large corporate interests have greatly stepped up their interest in this court. One pro-business group of the Oklahoma Chamber, Oklahoma Civil Justice Council; hasreviewed the decisions of the judges and scored their "pro business" dispositions.  While there have been abuses of the courts for ridiculous judgments based upon frivolous  "damages", There have also been scores of folks who are further damaged by a legal system stacked against the people of limited means or other severe impediments. 

For Retention: Thomas Thornbrugh
 Thornbrugh scored a moderate rating with a slight edge away from the pro-business group's preference. He is the brother of a former Tulsa legislator and from a historically active Republican family. His previous district court legacy is also a stellar one.

Against Retention: Larry Joplin
Joplin has been rated a vastly pro big business. His extreme legacy is worth a recall. His appointment was also a lame duck abuse by David Walters. Joplin had been a political appointee in the Walters administration and the court appointment was just another of Walters legacy of burdening the Keating administration with an inability to exercise the full duties of the governor's office.

Not decided: John Fischer

Fischer's low score in the pro big business scorecard puts him near Thornbrugh, but we are still seeking more info before making an initial judgment on him.

Justice	Retain?	Birthplace	Appt.	Appointing Governor	Law School
E. Bay Mitchell, III		Enid, Oklahoma	2002	Frank Keating	University of Oklahoma
Jane Wiseman		Tulsa, Oklahoma	2005	Brad Henry	University of Tulsa
Deborah B. Barnes (chief judge)		Oklahoma City, Oklahoma	2008	Brad Henry	Oklahoma City University
Robert D. Bell		Norman, Oklahoma	2005	Brad Henry	University of Tulsa
Kenneth L. Buettner		Oklahoma City, Oklahoma	1996	Frank Keating	Southern Methodist University
John Fischer	?	Rush Springs, Oklahoma	2007	Brad Henry	University of Oklahoma
Brian Jack Goree				Mary Fallin	University of Oklahoma
Jerry Goodman		Mangum, Oklahoma	1994	David Walters	Georgetown University
Thomas Thornbrugh	YES	Oklahoma City, Oklahoma	2011	Mary Fallin	Oklahoma City University
William C. Hetherington (vice-chief judge)		Norman, Oklahoma	2009	Brad Henry	Oklahoma City University
Larry E. Joplin	NO	Oklahoma City, Oklahoma	1994	David Walters	University of Oklahoma
W. Keith Rapp		Wheelersburg, Ohio	1984	George Nigh	University of Tulsa