Oklahoma Attorney General seal
OKLAHOMA CITY (Nov. 1, 2024) — Attorney General Gentner Drummond is again pushing back against Gov. Stitt’s refusal to accept a well-planned lawsuit settlement that would save the state many millions of dollars and deliver long-delayed justice for victims of crime.
In a letter sent today, Drummond notified Gov. Stitt that he is terminating a contract the Governor inexplicably entered earlier this week with William “Bill” O’Connor, of the Hall Estill law firm, to represent Allie Friesen, commissioner of the Oklahoma Department of Mental Health and Substance Abuse Services (ODMHSAS), and Debbie Moran, executive director of the Oklahoma Forensic Center, in the case of Briggs et al. v. Friesen et al.
As the state’s chief law officer, Drummond is exercising his constitutional authority to “take and assume control of litigation” involving the State.
“Based on our many previous disagreements, you are undoubtedly aware by now that the Oklahoma Supreme Court has squarely held: ‘The Attorney General, by statute … is the Chief Law Officer of the State. In the absence of explicit legislative or constitutional expression to the contrary, he possesses complete dominion over every litigation in which he properly appears in the interest of the State, whether or not there is a relator or some other nominal party,’” wrote Drummond.
“Further, my client in this case is the State of Oklahoma, not Commissioner Friesen and Executive Director Moran in their individual capacities. I will continue to represent the State of Oklahoma, including Commissioner Friesen and Executive Director Moran in their official capacities, to the best of my abilities.”
Drummond also filed a motion to strike appearances in the litigation by O’Connor and other Hall Estill attorneys.
Briggs v. Friesen contends ODMHSAS is violating due process rights by failing to provide timely court-ordered competency restoration services for some pretrial defendants deemed not competent to stand trial. The result has been delayed justice for victims of crime. Other states facing similar litigation have been hit with upwards of $100 million in court-ordered costs and fees.
A consent decree negotiated by the Office of the Attorney General and plaintiffs’ attorneys outlines a strategic plan for justice to be administered in a timely fashion by improving ODMHSAS’ restoration services. Despite the consent decree not being in final form, the Governor convened the four-member Contingency Review Board last month to reject the proposal on a 2-0 vote. Shortly thereafter, Friesen attempted to “fire” Drummond from the case despite her lack of legal authority to do so.
Read the letter to Gov. Stitt and the motion to strike.
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