Interesting Position On Appointments

The Oklahoma Truth Council has put together a very interesting position paper of sorts on the whole appointment controversy and to be candid, it is exceptionally compelling.  I invite you to read their side of the Doak/Thompson/Brogdon/Coffee appointment controversy.  Well written, and apparently well researched.  Will most assuredly get some people thinking.

Read it here.

Weekend Musings Around The Cave

The week has been a wild one to be certain, and the hits keep coming - politically, at least.  So, let's review, shall we?

Olbermann Resigns:  On Friday, Keith Olbermann abruptly announced his departure from MSNBC's top-rated show.  Granted, MSNBC lagged far behind the big dog of cable news outlets, Fox News, but Olbermann was their star.  He did not say why he was leaving, MSNBC has simply said that they have agreed to discontinue his contract.  Conservatives hate Olbermann and are celebrating his departure.  I, for one, am not.  As the proverb goes, "iron sharpens iron" and while his political leanings where clearly left of center and his rhetoric often enraged, he was the most intelligent of the left-leaning commentators out there.  Conservatives need someone like Olbermann, we need a challenge once in a while.  Unfortunately, we often participate in media that "tickles our ears" and tells us what we want to hear - never really having our minds challenged.  Talk radio has generally become one big blob of talking points memo utterances and Republican platitudes.  Olbermann challenged the establishment, asked the hard questions and rubbed our noses in it when our Christological political figures failed to do what they promised.  Pretty sad, really.

Judge Smudge:  You're not going to get an argument from this little gray duck that the judicial system is a mess in Oklahoma - nor will you get an argument that political corruption and cronyism is rampant.  But I must admit that even this story shocked me.  A high profile judge has been getting paid fraudulently for children allegedly under her care.  It's like something from a Lifetime movie, but it's true.  This is the same judge who stepped down from the Ersland case after prosecutors accused her of misconduct.  Apparently, they had no idea just how much.  Read the Oklahoman story here.

Deafening Doak Silence:  Former State Senator Randy Brogdon issued a statement about his employment with the new Insurance Commissioner and it has apparently been so powerful as to silence all the critics and even the often conservative-critical Oklahoman.  Fortunately, Representative Richard Morissette is still paying attention and has authored legislation to clarify what many believe to be our founders' intentions - that legislators need a two-year cooling off period before taking a cushy state job...like Brogdon's $100k/year job and former House Representative Mike Thompson's $100k/year job.  Mind you, it's more money than either of these boys have probably made and legislators are frothing at the mouth for such taxpayer income.  Whether the bill goes anywhere or not is really up to us.  We'll keep track of all the "no" votes and maybe someone will show up in those Districts in a couple years and raise a little hell.  It does go to show us all that it really is about money, not political principle. 

At the end of the day, there are those of us to take a step back, look around and wonder whether or not the "system" as we know it can ever be repaired.  We make headway, then we lose ground.  Perhaps it is just the fight itself, the struggle internally and externally that keeps us going, striving and desiring more from our existence.  Politics is a good place to vent because it's "safe" in many ways.  We expect the political process to be flawed and our expectations are often fulfilled with little effort and it feels good to let loose on the political establishment and to be honest, the establishment makes it bloody easy, doesn't it?

Keep checking back...

Know Your Legislator: Jeff Hickman

As we continue the Accountability Tour, it's time to turn our attention to more members of the House of Representatives in the great state of Oklahoma.  This blog has been on the cutting edge of sharing information with you regarding the Speaker of the House, Kris Steele, so now is the time to take a look at his 2nd In Command, Speaker Pro Tempore Jeff Hickman.

Representative Hickman lists the following on his House website:

Rep. Hickman was born in Alva on Nov. 28, 1973, and raised in the Cherokee and Dacoma areas. His parents are Steve and Cathy (Leamon) Hickman. He is married to Jana (Harris), who was also raised in District 58, in Freedom, Cherokee and Alva. They have two daughters, Taylor and Ashley and a son, Austin. Rep. Hickman is the fifth generation of his family to own and farm land in Alfalfa and Woods Counties.

As his profession, he lists "Farmer."

His work history, however, shows the following:

Former Press Secretary, University of Oklahoma, Office of the President, Norman
Former Vice President, Omni Media Group, Woodward

Worked as press secretary for David Boren and VP with Omni Media.  And of course, State Representative.

Hickman is an interesting cat, receiving accolades from a wide variety of groups in Oklahoma - some of whom you would expect to be supporting Democrats:

Top 10 Freshman, Sophomore, Junior and Senior, University of Oklahoma
Letseizer Medal for top 3 student leaders, University of Oklahoma
OU President's Leadership Class
Farm Bureau; Association of Career & Technology Education Guidance
Oklahoma State Troopers Association
Oklahoma Sheriffs Association Legislative Awards
Selenite Crystal Festival "Honorary Prospector"
Cherokee High School Valedictorian

 If you have questions or concerns for the Oklahoma House of Representatives' 2nd in command, you can reach him here.

The Evolution Of Sally Kern(servative)

Sally before...

State Representative Sally Kern is the darling of the Oklahoma conservative movement and when she was elected, residents of her House District pretty much knew what they were going to get.  Sally has never really focused on fiscal conservative issues or even constitutionally conservative issues such as the 10th Amendment, 2nd Amendment or 4th Amendment.  Sally has been aggressively fighting against the "gay agenda" in the past but now, it's those pesky teachers who teach evolution in schools.

Sally has, well, evolved.  No longer is her hair cropped short and masculine, now it is longer and much softer and dare I say it...feminine.  Sally is a former teacher, the wife of a Baptist pastor, so it isn't horribly surprising when we see bills such as Sally's HB1551.

Sally after makeover

What is this bill?  Well, according to Sally, it isn't a "creationism bill," but is filled with jibber jabber that doesn't really make much sense.  But you go to Sally's website and it's clear what she is trying to do - to force teachers to teach the weaknesses of evolutionary theory:

Those individuals who are calling this bill a creation bill are only casting their own conceptions upon the bill.  Why do those who only want the strengths of evolution taught fear it when someone proposes teaching its weaknesses?  There are weaknesses to evolution that many of the major proponents of it speak about themselves.  True education consists of examining all sides of an issue.  Critical thinking skills are sharpened when an issue, regardless of what it may be, is examined, analyzed, and explored from all scientific points of view.

When I saw Sally at a forum talking about "getting more money into the classroom," this isn't what I thought she had in mind.  I like Sally.  She is fun and a good Christian woman.  She is a person who does not lack the courage of her convictions and for that, she is to be commended.

I wonder if these were the "social conservative" bills, however, that Kris Steele said the Republican leadership would NOT focus upon during this session...

Speaker Steele Misses Mark (Again)

Immigration reform was a pretty big deal in the 2010 election cycle.  Even Governor Mary Fallin came out in support of Arizona's illegal immigration law and her supporters ripped then Lt. Governor Jari Askins for not being tough enough on illegal immigration.  But now, it appears that House Speaker Kris Steele will spend his last two years in office ensuring promises made during campaigns will not, in fact, be kept.

Speaker Steele sent out this email to House members...accompanied by my commentary, of course:

Given the potential significance of the immigration debate this year, the House, Senate, and Governor’s office are forming a special joint committee to develop a comprehensive immigration reform proposal.

Translated:  They are putting together a committee that will talk big, but do little.  It is to appease the masses, to make us all think that something will be accomplished.  Of course, Steele fails to mention that there are already "Arizona-plus" types of legislation already filed.  This will give him an out to be able to kill those bills.  Remember what President Bush did with "comprehensive immigration reform?"  Nothing.  Not a damned thing. 

The group will include four members from the House and four members from the Senate (three Republicans, one Democrat from each body), as well as representation from the Attorney General’s office. Rep. Faught, Rep. Ortega, and Rep. Peterson have agreed to serve as the House Republican members on this committee.

Representative Ortega and Pam Peterson?  Really?  Neither of these Republicans are known for their tough stance on illegal immigration.  Steele appointing these two to the committee is tantamount to appointing Rosie O'Donnell to the President's Council on Physical Fitness and Nutrition.  I can't wait to see who the Senate members will be or who will represent the Attorney General's office.

Next, Steele will tell us that former Governor Brad Henry will chair the committee on tort reform.

As I have often said, there must be appropriate consequences for those who intentionally break the law, particularly for those who endanger public safety or divert taxpayer resources. To achieve that goal, the committee will carefully consider proposals and develop a comprehensive reform package that truly meets the needs of Oklahoma.

This is rich.  "Intentionally break the law..."  Illegal immigrants have already broken the law intentionally by there mere presence here, failing to follow legal immigration policies.  Illegal immigrants "divert taxpayer resources" already - we have schools that teach children exclusively in Spanish because of the increase of illegal immigrants.  They receive state health care, they receive free or reduced lunches at school.  Either Steele is completely ignorant of the impact of illegal immigration, can't understand what "illegal" means, or he is a patsy for the Chamber of Commerce who absolutely hates illegal immigration reform because many of their members employ illegals.  The bills in the legislature right now, such as Arizona-plus immigration reform and HB1804 meet the needs of Oklahoma.

Why is Randy Terrill not on this committee?  Why is Mike Christian not on this committee - a man whose House District has huge problems with illegal immigration?  Because they want real solutions, not platitudes.

We have been bamboozled.  Hoodwinked.

Thursday Morning Quarterback

It's been a hectic week and I've missed a few opportunities to write some commentary - I would start, then get distracted.  Adult onset attention deficit disorder, I suppose.  Since we're iced in today I have the chance to cover some material.  Here goes...

Mike McCarville Prayers:  Mike is reporting on his blog that he currently is suffering from double pneumonia.  Pray for him and his family because there is absolutely nothing fun about double pneumonia and frankly, we need Mike around for a while.  

GOP State Senate Agenda:  This is one of the biggest non-stories of the year.  The Senate GOP announced their legislative agenda and for a minute, I thought I was again listening to former Speaker of the House, Todd Hiett, telling me on WKY that the reason we didn't have more jobs in Oklahoma was because of tort reform.  When asked which businesses refused to come to Oklahoma because of our tort laws, well, he didn't have much of a response.  Fast forward to this week and we get more of the same.  Tort reform, "balancing the budget" (when we already have a balanced budget amendment), parental choice in education (a hat-tip to Brandon Dutcher at OCPA) and Gary Ridley's favorite - increasing funding for transportation (note the lack of fiscal accountability for ODOT).  Nothing spectacular, really, but there is some interesting talk about tax reform. 

Stupidity in Tucson:  While much of the insane rhetoric about the shootings in Tucson has calmed down, there are still extremists who continue to blame Sarah Palin or at least try to make a connection to her targeted House Districts.  As Gump said, "Stupid is as stupid does." 

Tucson Inspires Gun Control:  It didn't take long after the shooting in Tucson for a few legislators across this great nation to determine that the way to fix the problem is to restore the failed so-called "assault weapons ban" and to restrict high capacity magazines.  Some talk about psychological testing should be done before an individual is allowed to enjoy their Constitutional right to keep and bear arms.  How this would be accomplished is anyone's guess but you can well imagine that other individual rights to privacy would be compromised to accomplish this task.  The Left will not rest until firearms are completely restricted or banned.  We need to learn that fact and respond accordingly.

Crude Oil Creep:  While no one was watching, the NYMEX crude prices creeped up and continue to creep.  Analysts have projected that soon it will top the $100/bbl mark and that gasoline will hit $4/gallon this summer.  With the Obama ban on offshore drilling, our OPEC enemies are raking in the dough and this administration plans to do nothing about it. 

More to follow, I'm sure.

McCarville Poll: Doak Deal Stinky

The radio legend, Mike McCarville, took a poll on his blog and sure enough, public sentiment is what reasonable people figured it to be:  John Doak's appointments of former legislators violates the spirit of the law.

He had a football in his ads.

From McCarville's site:

Do the appointments of four former legislators to state jobs violate the spirit of the "no hire for two years" law? (One falls outside the provision.)
No...they're not paid with tax dollars 27% 43
Yes, clearly 60% 96
Yes, but justifiable to use their experience 4% 6
The law should be changed to allow this if "fees" pay their salaries 9% 15
160 votes total

I have read and heard some of the most ludicrous arguments supporting newly elected and sworn in Commissioner Doak as well as the Governor's choice of Glenn Coffee as  Secretary of State.  Most of the apologetics revolve around the "spirit" of the law versus the "technicality" of the law.  The Attorney General's decision, justifying this type of cronyism came about to appease the legislature and career politicians.  The decision itself will probably be challenged and the hope is that the Supreme Court will eventually rule and side with the framers of the Oklahoma Constitution.

Let's be honest here:  Mike Thompson has a real estate background and campaigned about his experience in the same - but not insurance.  In addition, it was Randy Brogdon who said that the state of Oklahoma shouldn't receive federal dollars but ironically, the job he took with Doak is funded with federal dollars...and neither does he have experience in the insurance industry.

John Doak filed suit a year ago, stating that "fees" are really "taxes."  But yet, he has used the term "fees" to hire legislators within the two-year window.  You have to decide whether or not this is acceptable.  According to McCarville's poll, you do not.

We have to decide when enough is enough.  More and more people are getting very, very angry and in 2012, the tide will begin to change once again in the other direction if this type of behavior is tolerated.  And in 2014, if the GOP continues this downward spiral of parsing words, technicalities and misdirection, there will be a severe price to be paid.

What We've Got Here Is A Failure To Communicate

The Oklahoma Corporation Commission and the State Legislature has worked hard to ensure much of the state has high speed Internet access.  That, my friends, is a good thing.  The Oklahoma County Assessor's Office has one of the most aggressive, pro-active websites in the country and is the envy of other assessors.  This also is a good thing.  The Secretary of State has a world-class website, possessing amazing technology to file for your new business in Oklahoma.  That too is a very good thing. 

But there is also a huge problem that exists in Oklahoma and it revolves around local municipalities and their lack of communication with District Courts.  Or rather, that certain infractions are never reported and one of the most dangerous is not often being reported - driving under the influence.

According to state statutes, municipalities have the discretion to reduce the charge of DUI to something like reckless driving and the DUI would never be reported to the District Courts.

Now you understand how it is some people can have as many as a dozen DUIs and no one know about them.

At present, there are legislators working on language of a bill that will rectify the problem - to ensure that first-time recipients of a DUI in rural municipalities undergo mandatory reporting.  There is an iron curtain of open dialog that exists in rural municipalities and the close-knit nature of the same creates an environment wherein "circling the wagons" is far too easy in the attempts to protect one of their own.  Public safety is at risk and We The People didn't sign up for this kind of mess.

Support such legislation to keep our roads safer and to eliminate this failure to communicate.

Golden Voice Continues Drinking

The Associated Press is reporting that the man with the "golden voice" who was previously homeless, has begun drinking again.  Just goes to show that without treatment, returning to the trough is virtually impossible.  People with drinking problems tend to surround themselves with people who enable the problem - those who address the issue are considered the enemy.

From the story:

Williams and his daughter were held at the Hollywood police station for less than an hour and they were not arrested, Massey said.
She declined to name Williams' daughter, but a statement from "Entertainment Tonight" identified her as Janey Williams.
Ted Williams told ET in a Tuesday night show that it was a family gathering that got out of control.
"I wanted to bring it to a close by just saying 'shut the hell up and let me talk to your mother.' When that was said out of my mouth my daughter exploded, just erupted into this jump up in my face type of thing, fists started flying, none of which were mine, none of which were mine, but it could have escalated to the point where it could have gotten really ugly. So in the process of doing that, I got scratched on my face," he told ET.
Janey Williams told ET she was angry because her father, a recovering alcoholic and drug addict, had resumed drinking.
"He has consumed at least a bottle of Gray Goose a night. That's not including the Coronas he ordered, that's not including the Budweisers he ordered, the other alcohol, the wines. He drinks heavily," she said.

Read the rest of the story here.

Fallin's Fabulous Food Fanfare

From Governor Fallin's Press Release:

Governor Fallin’s Inaugural Food Drive a Success

Oklahomans Unite to Feed the Hungry; Food Drive Capped with Large Donation from Contractors

OKLAHOMA CITY - The statewide “Feeding Oklahoma” food drive organized by the inaugural committee of Governor Mary Fallin raised more than 20,000 pounds of food and $100,000, the governor announced today.  The food drive was capped off with a donation Wednesday of 9,000 pounds of food from the Association of Oklahoma General Contractors.  This food and fund drive, which ran through January 10, will provide nearly 680,000 meals to hungry families and seniors this winter.

“Oklahomans are the most caring and giving people around and they proved it by answering the call to participate in the Feeding Oklahoma food drive,” Fallin said. “I want to thank the Oklahoma General Contractors, all our corporate sponsors and everyone who brought in food items. Your willingness to help out our families and neighbors embodies the Oklahoma Spirit which makes our state such a special place to live and raise a family.”

The “Feeding Oklahoma” food and fund drive benefited the Regional Food Bank of Oklahoma and the Community Food Bank of Eastern Oklahoma. Together, the two food banks serve all 77 counties in Oklahoma.

“We are delighted to be part of such an important initiative,” said Bobby Stem, AOGC executive director.  “Our members are can-do men and women who willingly use our resources to benefit those in most need of assistance.  We applaud the Governor on taking the lead in meeting such a growing demand in the state of Oklahoma.”

Food donation drop-off sites included:  BancFirst locations statewide, the Oklahoma Farm Bureau and all Oklahoma City metro area Love’s Travel Stops & Country Stores. UPS picked up and delivered all donations in the Oklahoma City and Tulsa metro areas and local food drive “champions” helped to collect food donations for partner agencies throughout the rest of the state.

In addition to food items, the food drive received significant monetary donations from:  the Made in Oklahoma Coalition, SandRidge Energy, ConocoPhillips, the Choctaw Nation and FSB.  The food drive raised more than $50,000, an amount that was doubled to $100,000 thanks to Chesapeake Energy, which agreed to match all monetary donations to the Regional Food Bank in the month of December.

“We want to thank Governor Fallin for joining the fight against hunger in our state,” said Rodney Bivens, executive director of the Regional Food Bank.  “The Governor’s ‘Feeding Oklahoma’ initiative motivated Oklahomans to donate food and funds to help those who are struggling to keep food on their table this winter and the Oklahoma Food Banks are extremely grateful for the support.”

Oklahoma is the fifth hungriest state in the nation, where one in five children is at risk of hunger every day.  The Oklahoma Food Banks serve more than 130,000 people each week, yet it still not enough to keep up with the increased demand.

Tucson Through The Looking Glass

It is fascinating to see how quickly the discussion of the terrible events of this past Saturday where innocent lives were lost at the hands of a madman.  Critical thought, reason and rationale have been left at the doorstep of ideological suppositions and rather than watching, waiting and seeing what will come of the investigation, ludicrous accusations are flying.

It's Rush Limbaugh's fault.
It's Sarah Palin's fault.
It's Sharon Angle's fault.
It's President Obama's fault.

And so on, so forth.

The macabre loss of life has within itself a multitude of questions that will eventually need answers, but that's just not enough for those who are far too ready to affix blame to someone - anyone.  Almost immediately after the killing, pundits on the left began to say that Sarah Palin and her "target" of House Districts and the use of crosshair imagery must be to blame because Congresswoman Giffords' House District was one Palin targeted.

Nevermind the fact that Palin never advocated violence against anyone.  Nevermind the fact that the killer never said anywhere that Palin influenced him nor did her graphic design work influence or motivate him to this act of violence.

Sarah Palin issues a statement in the form of a video and her use of the term "blood libel" somehow is used to underscore her (non-existent) fault?  Seriously?   We are so far through the looking glass, people, that Alice is laughing her ass off at us.

The same voices who have called for "cooler heads" and for calm are members of the mainstream media who are at present, pushing the issue further and inciting an emotional tsunami and it simply proves that if the presupposition exists wherein you despise one political affiliation and adore another, the aggregate result is that even normal flatulence will be a causal factor in the tragedy in Tucson.  "Oh my Lord!  Sarah Palin passed gas!  See!  She is a fascist and because of her smelly tooting, the madman in Tucson was motivated to kill a Democratic Congresswoman!"

Do you see how stupid that sounds?

Another example:  A story has a title, "PETA Targets Canadian Tourism Industry With New Seal-Slaughter TV Spot."
PETA used the term, "target."  Is PETA targeting tourists to Canada?  Is this a threat of violence to the Canadian tourism industry?  Should visitors to Canada be worried about physical violence?  Hell no.  See how silly that is?

Democrats and Republicans alike have used militaristic language in campaigns.  Liberals and Conservatives alike have used imagery that cause the hyper-sensitive thought-police to tinkle in their bio-degradable, non-flammable, recycled underpanties.  Unfortunately, they will probably point to this blog and the fact that I have a picture of myself at the gun range, enjoying my 2nd Amendment rights, to mean that I have sinister motives.  It is absolutely insane.

It's time we grow the hell up and remember that context matters and stop being so sensitive and so willing to jump to ridiculous conclusions!  Remember:  We have no idea at this point why the deranged gunman opened fire in Tucson.  

I will type that again slowly so the tinkle-panties out there can understand:  We have no idea at this point why the deranged gunman opened fire in Tucson.

Objectivity is paramount right now.  Guess what?  It's the shooter's fault.  Period.

Sarah Speaks Out

Video from Sarah Palin:

Christina Fallin No Longer Lobbyist

Christina & Mary Fallin

The McCarville Report received the report that Christina Fallin, daughter of the newly sworn-in Governor, is no longer a registered lobbyist at our Capitol.  From McCarville:

Yesterday, Fallin said the decision that her daughter, 23, would no longer be a lobbyist was hers: “We felt that that was not in the best interest of her or the best interest of the governor's office,” Fallin said.

Fallin said her daughter is in her senior year at the University of Oklahoma; “She is looking at different job opportunities outside the Capitol and outside being a lobbyist,” Fallin said. “As her mother, it was my decision. But she understands that's something she needs to do.”

The news broke that Christina had registered as a lobbyist back in March of 2010, her career short-lived, and the media frenzy ensued shortly thereafter. 

Coburn Family Tree Blooms

Calling it early...

First, it was the defeat of State Senator Jay Paul Gumm by Josh Brecheen - a former Senator Coburn staffer.  Now, it's Greg Treat who blossoms into the job some would think was created for him. 

Greg Treat, Republican Party stalwart and leader of the "Victory Fund" for the GOP this past election cycle, is now State Senator Greg Treat.  A job he has no doubt coveted for a very long time.

Greg defeated a well-funded Carol Hefner as well as other candidates who just didn't get their message out.  This was Greg's "turn," a time for the voters of Senate District 47 to give him thanks for the work he has done for many years for Republican candidates like Mary Fallin, Tom Coburn and Chamber President Fred Morgan.

This is going to be an interesting legislative session, isn't it?

Congrats to Treat and kudos to Goza, Brawley and Dobbs who ran good campaigns.

Trying To Make Sense Of It All

The horrific shooting over the weekend saw the loss of life that to me, qualifies as an act of domestic terrorism.  Though some do not like the use of such terminology, I can't think of anything more appropriate.

Domestic terrorism.

The event and subsequent responses have been terrifying.  Some of the left and much of the mainstream media immediately jumped to the conclusion that the shooter was/is a a right winger and that Sarah Palin was somehow responsible.  Absolutely ludicrous to be sure.

Today, the sheriff in Tucson is blaming Rush Limbaugh.  We are so through the intellectual looking glass here, people, it makes my head hurt.  Here are some of the stories:

Lawmakers consider curbs on speech.
Elitists attack Palin.
Sheriff blames Limbaugh.

And there are plenty more.  By the time this is all over, there will be new laws, new regulations...sickening.

Hidden Story: State DUI Arrests Increasing

Drunk driving statistics are what they are and according to a few pieces out there in the mainstream media, arrests are on the increase.  The reasons are difficult to ascertain - it could simply be that law enforcement is becoming increasingly adept at nailing drunk drivers or it could be that there are more people who haven't gotten the message just yet. 

Here is a story from the Tulsa World's Deon Hampton, December 31, 2010:

With the number of drunken driving arrests increasing statewide, law enforcement officials are cautioning everyone to be aware of intoxicated motorists on New Year's Eve. 

There were 18,996 total arrests made for DUI in Oklahoma in 2009 and 18,980 in 2008, U.S. Department of Justice records show. 

Those numbers are a large increase over the 15,884 arrests made in 2005. 

More arrests are expected New Year's Eve when highway patrol troopers will stop drivers at various checkpoints.
Trooper Quenton Payne said troopers are looking for speeders, drivers erratically changing lanes or failing to use signals and cars with inactive head and taillights. 

The AAA Foundation for Traffic Safety recently released a study that found 10 percent of those surveyed admitted to driving while being drunk in the last year. 

The roadside service agency also says 209 people were killed and 3,452 injured in vehicle collisions in Oklahoma where alcohol played a role in 2009. 

Three out of about 10 Americans will be involved in an alcohol-related crash during their lives, according to National Highway Traffic Safety Administration.

In a story from the previous day, the paper talks about the fines, the trouble that comes with a DUI. 

Stephen Fabian Jr., an Oklahoma City criminal defense attorney since 1986, said that attorney fees can run from $500 to about $50,000, depending on whether there was an alcohol-related crash or injury and whether it's a first offense. 

Fabian said a simple first-offense misdemeanor charge usually costs $3,500 to $5,000 in lawyer's fees, but court costs in Oklahoma County District Court run about $950 per case. 

A judge also can order you to pay for your jail costs. An overnight stay in the Oklahoma County jail can fluctuate but costs an average of $45 a day, Oklahoma County sheriff's spokesman Mark Myers said. 

And that's not taking into consideration actual fines for pleading guilty or being convicted of driving with a blood-alcohol content of 0.08 or higher or the traffic violations which resulted in the traffic stop or wreck. 

The first offense for DUI is a misdemeanor, punishable by a year in jail and up to a $1,000 fine. 

A district attorney supervision fee during a probationary period, if there is one, is $40 a month in Oklahoma County, Fabian said.

A law firm has its own basket at DPS.

But there are some inherent problems here.  First, if the DUI takes place in a rural municipality, it is up to the municipality to determine whether or not they will allow the charges reduced to say, reckless driving.  Second, the way the system is set up right now, municipalities don't have to report to the District Courts.  Meaning, if a DUI takes place in, say, Crescent, Oklahoma, the case will not be reported to District Courts and not show up on any of the OSCN records.  The reasons for this are multitudinous - including revenue streams for local municipalities and the Trial Bar.  If an attorney has the ability to negotiate with the municipality and plead the case for a lesser charge, the more billable hours the attorney can rack up and more revenue can be produced for the municipality in fines, etc.  Lastly, the state statutes regarding the Department of Public Safety are pretty iron-clad and that is some relief.  But clearly, the problem isn't going away and the statistics themselves show that whatever we're doing now isn't working.

[Note:  DUI in Oklahoma has become a cottage industry for the Trial Bar.  So much so that the law firm of the gentleman mentioned above has its own basket at the Department of Public Safety.  See above.]

The system is horribly broken and it needs repair sooner rather than later.

Lord willing, we can get something done.

Carol Hefner Robocalls And Response

The race that no one really believed would get much attention is finally getting some much-needed attention.  Beginning with an article in the Oklahoman this week, followed by robocalls, the Senate District 47 race is heating up.

Here are two of the many robocalls sent out this week, including the "attack" on Carol Hefner and her very heated and audibly frustrated response:

Carol Hefner Finances, Goza Hot Rod

The Oklahoman's John Estus provided voters of Senate District 47 with an interesting look at two of their candidates.  Carol Hefner and Kenny Goza are remarkably different people with remarkably different backgrounds.  Hefner is, well, a Hefner and Goza is a self-made man who grew up in the foster care system.  But the Oklahoman does a pretty good job of being fair.

From the article (here):

Hefner said she decided to stop paying her credit card bill because of fees she disagreed with.
“This is an issue of fiscal responsibility. People have to hold these large debit and credit corporations accountable for good practices and that's what I chose to do,” Hefner said.
Hefner said she stopped paying the credit card bill for about three months.

And:

In addition, a foreclosure against Hefner and her husband was dismissed last year when they refinanced the $319,580 mortgage on their Edmond home, court records show.
“It's just big dogs trying to push you around. That's all that was,” Hefner said.
A 2009 lawsuit against the Hefners regarding unpaid car payments on a 2006 Land Rover was dismissed within a few days of it being filed.
Hefner said the Land Rover was her husband's car and she didn't know about the lawsuit.

Hefner is touting herself as the family values candidate in the race, but how in the heck does she NOT know about a lawsuit against her husband?  Doesn't make sense to me.

Goza has some issues too, but they are from 1994 - not recent and are polar opposites.  While Hefner gets attention for not paying for her toys, Goza gets attention for protecting his:
Senate District 47 candidate Kenny Goza, 41, and another man, Jason Long, filed protective orders against one another in 1994 in Cleveland County, court records show.
Goza, who is now an attorney, said the filings were the result of a dispute about his hot rod.
“Back in those days, I had a hot rod and I didn't like anybody being around my hot rod and I was very protective of it,” Goza said. “(Long), I guess, was jealous, and had threatened to slash my tires once and I didn't take that too lightly.”

Bottom line:  With the exception of perhaps James Lankford, no candidate for public office is lily-white, but the contrast between these two Senate District 47 candidates could not be more stark.  Of course, career political insider Greg Treat is probably liking this more than just a little bit.  Treat is well-liked by GOP staffers because, well, Treat has been one his whole adult life.  But I digress.

Read John Estus' story in its entirety here.

Questions About "Tort Reform"

Tort reform is one of the answers many conservatives tout to solve our economic development problems.  Fear of lawsuits make business owners pensive, existing lawsuits cause the price of insurance to skyrocket and as we have all heard "doctors are fleeing Oklahoma" because of our lack of tort reform.  Let's face it:  Everyone hates attorneys until they need one.  Even Shakespeare wrote, "First, kill all the lawyers." 

But didn't our founding fathers desire average citizens to have access to the courts for the redress of wrongs?

I admit that I'm not a Constitutional lawyer, but the 7th Amendment does give us the right to a jury trial in civil cases.

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

It's sexy to rail against the trial lawyers and in many cases, the anger and ire toward them is more than justified.  Frivolous lawsuits exist, but in Oklahoma, they represent a very small percentage of lawsuits.  And according to the Oklahoma Constitution, the legislature has the power to censure judges who allow frivolous lawsuits - but they do not because judges are political just like legislators.

To the credit of trial lawyers, child labor laws were amended and justifiably so.  To the credit of trial lawyers, COBRA insurance coverage is the law of the land.  To the credit of trial lawyers, women have the right to vote.  So you see, not all trial lawyers are bad.

Ask yourself this question:  If a loved one is killed or disfigured by a medical professional who is willfully negligent, can you honestly put a price cap on that life?  Really?

Tort reform advocates like to scream from the mountaintops about the now legendary McDonald's lawsuit where their coffee was too hot and an elderly woman suffered severe burns.  What they don't want you to know is that the location in question had been cited by the health department previously on numerous occasions because...wait for it...their coffee was too hot.

Something to think about...

Fox 25 Coverage of Secretary of State Pick

Questions are being asked, emails are churning and the buzz has begun over the Governor-elect's choice for Secretary of State and as stated yesterday, there is a whole lot more to the job than meets the eye.  Fox 25's Andrew Speno asked some hard questions and got some answers that the voters and taxpayers of Oklahoma will have to determine whether or not they will accept them at face value.

Here is the story: