10/08/2024
Having an independent court system that is fair for all citizens is not a partisan issue. Our court system is the anchor of our democracy. We all want unbiased, non-political judges who will give each party to a dispute a fair playing field. We want judges to apply the constitution and state laws to the facts of each dispute without favor or purchased influence.
Oklahomans were embarrassed and humiliated by a court scandal in the 1960s when three Supreme Court justices were forced out of office after taking bribes. Voters were disgusted with the corruption and approved a series of amendments to the state constitution to take influence out of the appointment of Supreme Court justices and other top appeals court judges.
The system of retention was meant for an individual voter to retain or not retain appellate judges. For more than a half century since the implementation of the retention system, there has been no hint of scandal in the appellate courts of Oklahoma.
The system was never meant to be inundated by dark money groups meeting in back rooms to discard independent justices in favor of justices that are believed to be more favorable to their interests. Said plainly, a new scandal is brewing.
We are currently witnessing a handful of special interest political influencers attempting to create this new scandal. At a time when we see both elected officials and large private entities expanding their interests at the expense of the rights of the individual granted by the our Constitution, millions of dollars in dark money is being funneled into a campaign suggesting that three veteran justices should not be retained in the general election.
We don’t know who is trying to take over the Supreme Court. Is it a church organization not pleased with the Supreme Court ruling that taxpayer money cannot be used to finance a church school? Is the money coming from businesses who have cases pending in the Supreme Court? Why would an independent judiciary offend their sense of purpose?
We do not know the answers to those questions, and the use of dark money is an effort to prevent us from learning the answers. What we do know is that the integrity of all appellate justices that appear on this year’s retention ballot is unquestioned. We also know new justices appointed would forever be indebted to these anonymous benefactors.
Oklahomans should keep the integrity of our appellate courts intact. We must never return to the dark days of partisan politics, corruption, and scandal. I encourage you to question the motives of those that seek to control the independent judiciary. I encourage you to research what special interests are sought to be protected. I encourage you to determine why anyone would seek to discard an independent judiciary.
Authored by Bob Burke... an Oklahoma City constitutional lawyer, author, and historian. He has written three books about the Oklahoma Supreme Court scandal of the 1960s.