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LEGAL NEWSLINE

Tuesday, October 22, 2024

Attorney General urges governor's patience on lawsuit settlement review

State AG
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Attorney General Gentner Drummond | National Association of Attorneys General Website

Attorney General Gentner Drummond has once again urged Governor Kevin Stitt to delay convening the Contingency Review Board (CRB) regarding a proposed lawsuit settlement that could save Oklahoma millions. This marks the second instance in three months where Drummond has requested patience from the governor on this matter.

The case, Briggs v. Friesen, accuses the Oklahoma Department of Mental Health and Substance Abuse Services (ODMHSAS) of violating due process by not providing timely court-ordered competency restoration services for certain pretrial defendants. These delays have resulted in postponed justice for crime victims. Other states with similar cases have faced costs exceeding $100 million due to court orders.

A hearing is scheduled for January 15, 2025, by Federal Judge Gregory Frizzell for final approval of the consent decree negotiated by Drummond's office and plaintiffs' attorneys. Despite this, Governor Stitt plans to hold a CRB meeting on Tuesday to discuss the settlement, even though he has previously expressed opposition.

The CRB consists of four members: Governor Stitt as chair, House Speaker Charles McCall, Senate President Pro Tempore Greg Treat, and Rick Rose, Executive Director of the Office of Management and Enterprise Services. Drummond emphasized that more steps are needed before presenting the consent decree to either the CRB or state legislature.

In an October 7 email to Governor Stitt, Drummond stated: “As Yogi Berra would have said, this is déjà vu all over again... Your eagerness to reject this well-considered, judicious, and altogether appropriate consent decree is bewildering.”

Drummond noted that as of September 23, there are still 244 individuals waiting in jails for ODMHSAS services; among them, 35 have waited over a year and seven for more than two years.

“In the meantime," Drummond wrote further, "crime victims and their families have no choice but to endure their own seemingly interminable wait to see justice done."

Drummond assured that he will inform when it is suitable to convene the CRB and stressed considering the consent decree as it is "the only feasible way" to ensure justice while saving taxpayer money.

The consent decree filed in June aims at enhancing ODMHSAS’ restoration services for timely justice administration.

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