State Supreme Court justices hear arguments in case against Todd Hiett
OKLAHOMA CITY (KFOR) — The Oklahoma Supreme Court heard oral arguments Tuesday on a case filed by three lawmakers against Oklahoma Corporation Commissioner Todd Hiett.
Representatives Kevin West (R-Moore), Tom Gann (R-Inola), and Rick West (R-Heavener) filed a petition against Hiett in September. They’re asking the high court to disqualify Hiett from voting on upcoming cases involving utility companies after sexual assault allegations surfaced against the commissioner.
Hiett is accused of groping a man, while drunk, at a conference in Minnesota in June. Hiett has said he does not remember the incident but said he would take steps to deal with his alcohol abuse.
The victim worked for a utility company that frequently goes before the Oklahoma Corporation Commission.
Hiett was in the courtroom Tuesday. He was joined by former commissioner, Dana Murphy.
The three lawmakers were represented by Stephen Jones.
“It’s not about alcoholism,” said Jones, while address justices. “It’s about a gross felony of sexual assault in a public place against someone who has a judgement, business or his company or a firm before the commission.”
Jones gave his oral argument before seven of the nine justices who were present.
“This is a sad, scary, and awkward situation,” said Jones. “Hiett continues to vote on rate cases and has not resigned.”
Jones said the State Supreme Court should step in and disqualify the longtime commissioner because no one else has the authority to do so.
“They have that power. They've exercised it in the past,” said Jones, talking to reporters after the justices heard arguments.
Hiett’s attorney, Joe White, said it was not the State Supreme Court who should be making a decision in the case.
“They don't have jurisdiction. Some of it's technical, but the 30,000 foot view is the House of Representatives has jurisdiction over this,” said White.
White said wording in the petition, filed by lawmakers, could make all the difference.
He said the paperwork asked to disqualify Hiett from “all” cases, however, White says that might as well be an impeachment.
“But you heard them, ‘oh, we don't want to impeach him. We're not doing that.’ They're not doing that because they can't do it,” said White. “It's unfortunate it has to come out to this venue by the state government at this level.”
There is a few different avenues that justices could take when making a decision.
They could decide they do not have jurisdiction, and the case would be out of their hands. Or, the court could make a ruling on the case.
A timeline for when the Justices make a decision was not given.
News 4 received a statement from Commissioner Bob Anthony that can be read below.
Today, in response to a question from Chief Justice Kane, Commissioner Hiett’s attorney agreed that Hiett is “bound by” both Ethics Rule 4.7 and Code of Judicial Conduct Rule 2.11. The simple reading of those laws is clear: Where a reasonable person would question Hiett’s impartiality in a matter/proceeding, Hiett must disqualify himself. Not doing so violates the law, whether the cases are legislative or judicial.
Regardless of how the Court rules on this petition, Oklahoma utility customers owe a debt of gratitude to State Reps. Tom Gann, Kevin West and Rick West for their willingness to stand up for what’s right – and not just with words, but with action.
Commissioner Bob Anthony