Latest news with #OklahomaSupremeCourt
Yahoo
21-07-2025
- Politics
- Yahoo
A growing lack of attorneys in rural Oklahoma counties is creating access disparities
Oklahoma Supreme Court Vice Chief Justice Dana Kuehn and Justice M. John Kane IV speak July 10, 2025, to the Stillwater Frontier Rotary Club. (Photo by Barbara Hoberock/Oklahoma Voice) OKLAHOMA CITY — After earning his graduate law degree from New York University, Brent Howard accepted a job in Oklahoma City. But he quickly decided the long hours that came with practicing law in a metropolitan area wasn't for him, and moved back to his hometown of Altus and the family farm. 'I didn't feel I had the quality of life I wanted to pursue,' said Howard, who also serves as a Republican state senator. 'I just felt a calling to be back home, work with my family and have my own practice.' Howard, who is also a fifth generation family farmer, is one of 40 attorneys who lives in Jackson County, a county of about 25,000 residents in southwestern Oklahoma. Neighboring Harmon County has four attorneys while Greer has just two. The counties are among a growing number grappling with a shortage of lawyers, which experts say is requiring Oklahomans to travel further to obtain legal representation and creating access disparities between those who can afford attorneys and those who cannot. Howard said it also creates a conundrum for the state's criminal defense process because defendants facing charges are constitutionally guaranteed the right to an attorney if they cannot afford one. In all, an estimated 20 Oklahoma counties have been classified as a 'legal desert,' meaning they have fewer than one licensed attorney for every 1,000 people, according to an Oklahoma Bar Association analysis. Another 29 had fewer than 1.5 lawyers per 1,000 residents, according to the group's latest analysis. The shortage of lawyers is a national issue, but Oklahoma's dearth has captured the attention of Oklahoma Supreme Court Vice-Chief Justice Dana Kuehn. She talked about the issue recently during a presentation to the Stillwater Frontier Rotary Club. When people go to law school in Norman, Oklahoma City or Tulsa, many don't return to practice in the rural communities they came from, Kuehn said after the meeting. 'It is called a drought in the rural communities,' she said. While Oklahoma and Tulsa counties have thousands of practicing attorneys, others have fewer than a handful. The problem is exacerbated by the fact that in Oklahoma, the state's practicing attorneys are aging, said Dale Kenyon Williams Jr., Oklahoma Bar Association president. More of the organization's members are now over 70 than under 30, he said. He said most Oklahomans also cannot afford legal services, which has increased the number of people representing themselves in legal proceedings or who are relying instead on the internet or artificial intelligence for legal advice and assistance, Williams said. 'In person interaction is absolutely the best way to establish a trusting relationship and work together to accomplish the client's goals,' he said. Williams, who has practiced since 1977, said the skyrocketing cost of a legal education coupled with a bad reputation for the profession has contributed to the shortages. 'Lawyers do much more than plaintiffs' work,' said Marc Roark, University of Tulsa College of Law interim dean. 'They do probate. They do family matters. They represent families when they find themselves in criminal problems. They represent school children as they are navigating the IEP (Individualized Education Program) process for accommodations in schools.' He said the price of law school has gone up nationally. The Education Data Initiative, which compiles statistics about higher education, reported in July that the average cost of law school is $217,480, which includes an average tuition cost of about $46,000 per year. In-state tuition rates at public university law schools increased nearly $1,300 between 2023 and 2024, the group found. The standard rate at the University of Tulsa for tuition is a little more than $30,000 a year, he said. 'Oklahoma law schools are some of the most affordable in the country, yet it is still a lot of money for most people,' said David Holt, dean of the Oklahoma City University School of Law. Holt said some other states have experimented with apprenticeship models as opposed to requiring attorneys to pass the bar exam. 'Some find that attractive and might make a commitment to practice in underserved areas in exchange for that opportunity,' said Holt, who is also the mayor of Oklahoma City. Solving the problem could also involve assistance with education, teaching students at an earlier age about the profession and making office space and establishing a practice more affordable for young attorneys, said Williams, president of the state bar. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX SUPPORT: YOU MAKE OUR WORK POSSIBLE Solve the daily Crossword
Yahoo
01-07-2025
- Politics
- Yahoo
Stitt praises Oklahoma Supreme Court ruling preserving taxes imposed on certain tribal members
Gov. Kevin Stitt explains the new safety guidelines for Oklahoma events developed by an advisory council he led on June 5, 2025 at the state Capitol in Oklahoma City. (Photo by Emma Murphy/Oklahoma Voice) OKLAHOMA CITY – Gov. Kevin Stitt on Tuesday praised a ruling by the Oklahoma Supreme Court that said the state can impose income taxes on tribal members living and working on a reservation. Stitt called the 6-3 ruling a big win for the state. 'Tribal governments, liberal groups, and some elected officials have pushed for special tax exemptions that would create a two-tiered system – one set of rules for tribal citizens and another for everyone else,' Stitt said. 'That's wrong. It would divide our state and weaken the public services every family relies on.' The case was closely watched because it could have expanded the landmark U.S. Supreme Court ruling in McGirt to civil matters. The McGirt ruling held that the state could not prosecute certain crimes committed by tribal members on the reservation. 'This ruling makes it clear that attempts to expand McGirt into civil and tax matters have no basis in the law,' Stitt said. In its Tuesday ruling, the Oklahoma Supreme Court found that McGirt, decided in 2020, was narrowly limited to criminal jurisdiction under the Major Crimes Act. 'The United States Supreme Court's declaration – 113 years after statehood – that nearly half of Oklahoma is a reservation is unprecedented,' the ruling said. 'To date, the United States Supreme Court has not extended its ruling to McGirt beyond the Major Crimes Act. To date, the United States Supreme Court has not extended its ruling in McGirt to the State's civil or taxing jurisdiction. And it is not this Court's place to do so.' Alicia Stroble had sought a tax exemption for years 2017, 2018, and 2019, saying she was exempt because she was a Muscogee (Creek) Nation member, worked for the tribe and lived on her tribes' land. The Muscogee Nation was disappointed by the ruling, said Principal Chief David W. Hill in a statement. 'Ever since the McGirt ruling, we have seen Oklahoma state courts go through legal gymnastics to come up with results that are not in compliance with federal law and that do not even follow pre-McGirt state court precedent on the limits of state authority in Indian country,' Hill said. 'The Stroble ruling is another example of those antics.' The tribe is reviewing the decision and preparing for its next steps, he said. Michael D. Parks, the attorney representing Stroble, did not immediately return a message seeking comment. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
27-06-2025
- Politics
- Yahoo
Supreme Court weighs voter rights and party autonomy in constitutional challenge to SQ836
The Oklahoma Supreme Court heard oral arguments over a challenge to SQ 836, an initiative that would create open primaries, allowing all voters to participate regardless of party affiliation. The Oklahoma Republican Party and other plaintiffs are suing to declare the measure, also known as Initiative Petition 448, unconstitutional before it reaches voters. Vice Chief Justice Dana Kuehn said constitutional authority ultimately rests with voters. 'My question is, does our constitution directly state that the people get to vote on these measures before the court can actually make a determination on the constitutionality of something, do you agree?' Kuehn said. Robert McCampbell, attorney for the pro-836 petitioners, agreed, referencing constitutional principles of citizen petition rights. 'Our constitution comes very close to those exact words,' he said. Benjamin P. Sisney, attorney for the Republican Party, argued that 836 represents a 'radical shift' in Oklahoma's electoral system. According to Sisney, the initiative would create 'a so-called 'open primary' but which is actually a system where individuals can register themselves as candidates of and can affiliate themselves with a political party and the ambience and auspices of that party and its name with no affirmation of its platform or values.' Justices questioned the timing of challenging the measure before voters have decided on it. Tony Stobbe, an independent voter and military veteran, advocated for the initiative, saying that the current system excludes nearly half a million independent voters from meaningful participation. 'Fundamentally, I come down to brass taxes,' Stobbe said, expressing his desire to participate in the elections that his taxes fund. Oklahoma ranks among the nation's lowest in voter participation, with 436,041 registered independents as of January 2024 unable to vote in primaries that can decide elections. In sheriff races across Oklahoma's 77 counties, fewer than 10 featured both Republican and Democratic candidates in the general election, meaning most races were decided in closed Republican primaries. 'I would like every citizen of the state of Oklahoma, Republican, Democrat, 480,000 independents, Green Party. I don't care to be able to go to the polls on primary day and cast a vote in the election that actually currently matters,' Stobbe said. 'I just want to be clear, I don't see this as republican or democrat issues. I just think it's an issue just to cast a ballot,' he said. Robert McCampbell, attorney for the pro-836 petitioners, argued that the initiative preserves party rights while ensuring taxpayers aren't forced to fund exclusive nomination processes. 'The parties – they retain all of their first amendment rights,' McCampbell said, noting parties can select candidates through any method 'except for one.' 'A political party cannot force the taxpayers to pay for their nomination process,' McCampbell said. McCampbell clarified that under the proposed system, voters wouldn't be selecting party nominees but rather advancing candidates to the general election. 'The bottom line is, under IP 448, the voters are not selecting a nominee for a political party. The voters are voting for candidates to advance, and there is no interference with the party's first amendment rights,' he said. Opposition to the measure includes gubernatorial candidate Charles McCall, who has vowed to defend against it if elected. McCall said it sounded like 'California Chaos,' arguing in a press release Tuesday that 'California's top-two primaries have left voters with limited choices and often two Democrats on the general election ballot.' 'We cannot let that happen here,' McCall said. If approved, SQ836 would establish a single primary election where all candidates appear on one ballot with their party registration displayed alongside a disclaimer that registration 'does not imply the candidate is nominated or endorsed by the political party.' The top two vote-getters would advance to the general election regardless of party affiliation. The measure would cover statewide positions, county offices, district attorney, state legislature members, and congressional representatives while excluding Presidential Elector, municipal offices, judicial positions, and school board members. In Cleveland County, the change would affect elections for 185,554 registered voters, including 41,832 independents and over 2,000 libertarians currently excluded from Republican primaries. For the 2024-2025 election cycle, the Democratic Party opened its primaries to independents, while Republican and Libertarian parties maintained closed primaries. The constitutional amendment would take effect 90 days after approval and would repeal Article 3, Section 3 of the Oklahoma Constitution while preserving the current Presidential Elector nomination system. Oklahoma recorded the nation's lowest voter turnout in both the 2020 and 2024 November elections.
Yahoo
26-06-2025
- Politics
- Yahoo
Oklahoma Supreme Court begins oral arguments on State Question 836
OKLAHOMA CITY (KFOR) – Voters in Oklahoma could see a change in their voting process as oral deliberations begin in the Oklahoma Supreme Court regarding State Question 836. State Question 836 aims to reform the state's primary election system, allowing all registered voters, regardless of party affiliation, to participate in primary elections. Oklahoma Standard: Thunder celebration comes full circle 30 years after OKC bombing Currently, voters are only allowed to vote for their designated registered party, with Independents voting in Democratic primaries. Republicans are asking the Oklahoma Supreme Court to intervene, claiming open primaries could potentially spark confusion. Oklahoma Standard: Thunder celebration comes full circle 30 years after OKC bombing Supporters of SQ 836 are looking to score the Supreme Court's favor and begin gathering signatures for Oklahomans to vote on the matter. Tony Stobbe, a proponent for SQ 836, an independent voter and a retired U.S. Coast Guard Commander, witnessing the proceedings, says, 'This is not a partisan issue,' said Stobbe. 'Let the people vote. That's all we're asking. The only reason party insiders are trying to block SQ 836 in court is because they know it has real momentum. Oklahomans are ready for a system where every voter gets to vote in every election—and the political elites are clearly scared of that.' For more information or to support the campaign, visit This story is developing. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
12-06-2025
- Politics
- Yahoo
Open primary proponents challenge Oklahoma law capping initiative petition signatures
Open primary supporters in Oklahoma have filed two lawsuits in the Oklahoma Supreme Court challenging a new state law that limits the number of initiative petition signatures that can be collected from a single county. One lawsuit asks the court to declare the "retroactive provision" of Senate Bill 1027 unconstitutional. The other lawsuit challenges the overall constitutionality of the bill. SB 1027, authored by Sen. David Bullard, R-Durant, mandates that the maximum number of signatures from a single county cannot exceed 11.5% of the number of votes cast in the most recent gubernatorial election. For constitutional amendments, that maximum number is 20.8%. Opponents contend those limits disenfranchise voters, particularly in urban areas. More: Senate passes bill that places new restrictions on initiative petitions Republican Gov. Kevin Stitt signed the bill into law, which was a priority for many GOP lawmakers this legislative session, on Friday, May 23. It took effect immediately. The bill comes as proponents of open primaries await a start date to begin collecting signatures for State Question 836, a measure that would open Oklahoma primary elections to all voters, with the top two candidates advancing to the general election. 'You don't have to agree with SQ 836 to see what's happening here is wrong,' said Dr. Ken Setter, a proponent of SQ 836 and a plaintiff in both lawsuits. 'Politicians should not be attempting to stop this measure by sabotaging it with unconstitutional laws. They should let the voters decide." The lawsuit challenging the bill's "retroactive" provision asks the court to temporarily block the law during litigation, arguing that attempting to comply with SB 1027 during such time will jeopardize signature-gatherers' ability to collect enough signatures to qualify their measure for the ballot. Supporters of SB 1027 have argued that the current process for state questions leaves out rural Oklahomans. In May, Senate Pro Tempore Lonnie Paxton, R-Tulsa, said the bill gives more Oklahomans a voice in what qualifies for the ballot because signatures can't come solely from the state's biggest metro areas. Along with signature limits in single counties, SB 1027 also requires a petition's gist to be written in basic words explaining the measure. It requires petition circulators to be registered voters in Oklahoma and disclose the organization that's paying them. "All Oklahomans should know what they are voting on and who [is] behind the initiatives being pushed," Paxton, a co-author on the bill, said at the time. "I don't know how more transparency and more voices being heard in the process is a bad thing." Paxton, Bullard and House Speaker Kyle Hilbert, R-Bristow, did not immediately respond to a request for comment on the legal challenges. Anthony Stobbe, a plaintiff in both lawsuits and a registered independent, said that as a retired U.S. Coast Guard Commander, he served his country, "not a political party." He added that being politically independent is important to him, along with thousands of other veterans and active-duty military across Oklahoma. "Not being able to vote in Oklahoma's most meaningful elections is a slap in the face," Stobbe said in a news release. "Having an unconstitutional law try to block the very state question meant to fix that problem is even worse.' The lawsuit challenging SB 1027's overall constitutionality argues that the law infringes on the rights of Oklahomans to propose amendments to the state constitution through referendums. It also claims the law threatens restrictions on legislative authority, separation of powers, equal protection and political speech and association." 'Senate Bill 1027 is an outright attack on the people's right to govern themselves,' said Amy Cerato, a well-known opponent of the ACCESS Oklahoma turnpike project. 'I've been organizing to hold the government accountable for years, and I've never seen such a blatant power grab to silence Oklahomans' voices. This law is designed to make direct democracy in Oklahoma impossible.' This article originally appeared on Oklahoman: Two lawsuits challenge Oklahoma's new initiative petition restrictions
