With razor-thin margins two out of three of Oklahoma’s Supreme Court Justices will be retained. James Edmondson and Noma Gurich will remain in their seats while long-time justice Yvonne Kauger will be booted.
This comes after more than $3.5 million was spent by dark money groups trying to sway a normally non-partisan issue. The money was primarily used for advertisements attacking or supporting the justices.
People for Opportunity, a group tied to the Oklahoma Council of Public Affairs (OCPA) accused Kauger, Edmondson and Gurich of being “activist, liberal” judges in one ad.
OCPA wasn’t the only critic of the justices, Gov. Kevin Stitt urged Oklahomans to vote against their retention on social media, and was also discovered to be closely affiliated with one of these dark money groups.
Conversely, Oklahoma’s five largest tribes endorsed the justices, as all three supported tribal nations in pivotal cases such as Treat v. Stitt.
Cherokee Nation Principal Chief Chuck Hoskin Jr. expressed his disappointment at losing Kauger.
“Well, two out of three is one short of what the state really deserved,” Hoskin said. “I think if people had not had a campaign run by the governor and dark money to misrepresent who these justices are (we would’ve retained all three.) But two justices being retained is something to personally celebrate, but the loss of justice Kauger is particularly difficult because of her long history with tribes.”
Kauger was placed by former Gov. George Nigh, and is the founder of the Sovereignty Symposium. She is the first justice to ever lose her seat.
Muscogee Nation spokesperson Jason Salsman said losing Kauger was “disappointing,” but the tribe would continue forward.
“We’re happy to see justices Edmondson and Gurich remain,” Salsman said. “We’ll continue to reach and teach whomever we need to on the realities and benefits of tribal sovereignty here in Oklahoma.”
Gov. Stitt will choose Kauger’s replacement as the OCPA is lobbying to change that selection process.
Choctaw Nation Chief Gary Batton expressed his faith in the current selection system.
“We appreciate the voters of Oklahoma retaining two Supreme Court justices who have demonstrated respect for the law,” Batton said. “We hope the state’s reliable judicial nomination process for providing a new member of the court will continue.”
Hoskin said the power outside influences, as well as the governor, had on this years state election has him concerned.
“It makes me unsettled as an Oklahoman and it makes me concerned as a tribal leader,” he said. “I mean, the next Supreme Court justice that decides to write a decision based on the rule of law and the Constitution–that happens to support a tribal interest–surely will be thinking that they will be attacked by a governor who finds that to be a fatal flaw. And the governor's demonstrated that he can bring dollars to bury a justice.”
Kauger’s term ends next January. Stitt has 60 days to replace her.
