Impeachment in Oklahoma
The constitution of the U.S. state of Oklahoma grants its legislature the ability to impeach the state's elective state officers. An impeachment vote in the Oklahoma House is followed by an impeachment trial in the Oklahoma Senate, through which an official will be removed from office if convicted.
Impeachment law
[edit]Impeachment is a mechanism for removing a government official from office. In Oklahoma, impeachment of state officials is governed by the Oklahoma Constitution and covers statewide elected officials.[1] Officials that may be impeached are the governor and "other elective state officers" (including the justices of the Supreme Court and judges of the Court of Criminal Appeals. The state constitution names the possible grounds for impeachment as "willful neglect of duty, corruption in office, habitual drunkenness, incompetency, or any offense involving moral turpitude while in office".[2]
Impeachment procedures in Oklahoma are similar both to federal impeachment and impeachment in most other states. Impeachment takes place in the lower chamber of its legislature, the House, and requires a simple majority vote. The articles of impeachment are then tried in an impeachment trial held in its upper chamber, the Senate, and a "guilty" verdict requires a two-thirds majority.[2]
With the exception of impeachments trials of Supreme Court justices, all impeachment trials are to be presided over by the chief justice of the Supreme Court. In the absence or disqualification of a chief justice, an associate justice of the Supreme Court instead will be selected by the Senate to preside over the impeachment trial. For impeachment trials of Supreme Court justices, however, the Senate choses one of its own members to preside.[2]
Other Oklahoma laws on removal from office
[edit]Mechanisms for removing non-impeachable state officials from office is governed by statute.[1] There is no mechanism for the removal of state officials by recall election.[3]
Recall elections also occur in some local governments, including municipal governments. These are triggered by petition.[3] For example, on April 2, 2024, Judd Blevins was recalled from the Enid City Commission after admitting to marching at the Unite the Right Rally in 2017 and amidst allegations he served as the Oklahoma state coordinator for the now-defunct Identity Evropa.[4]
Tribal nations in Oklahoma have their own constitutions, and may have their own mechanisms for impeaching their tribal officials. This occurs separate from state law.
Impeachments
[edit]In its early history, Oklahoma saw a significant amount of impeachment activity, with thirteen individuals being impeached in Oklahoma's first twenty-six years of statehood.[5]
Giles W. Farris (state printer) in 1913 –removed
[edit]Giles W. Farris (state printer) was impeached. He was removed from office on February 26, 1913, after the state's first impeachment trial.[6]
P. A. Ballard (insurance commissioner) in 1913 –resigned
[edit]P. A. Ballard (Insurance Commissioner), resigned on April 29, 1913, after his impeachment by the Oklahoma House of Representatives[7]
A.P Watson (corporation commissioner) in 1915 –removed
[edit]A. P. Watson (corporation commissioner) was the second official to be impeached in the state's history. He was removed from office on April 23, 1915.[8]
John C. Walton (governor) in 1923 –removed
[edit]While three out of the first four governors of Oklahoma faced impeachment inquiries (with Robert L. Williams being the sole exception),[9][5] it was not until the fifth governor that one was actually impeached.[9] Governor Jack C. Walton was impeached and was removed from office in November 1923. His impeachment included 22 articles of impeachment centered on an array of issues, including his declaring martial law in Okmulgee County to combat Ku Klux Klan violence (deploying the Oklahoma National Guard), censoring the Tulsa Tribune after it printed an advertisement by the Klan urging people to resist the martial law order, and for refusing to enforce the death penalty. Klan-aligned elements in the state legislature succeeded at removing Walton.[9][10]
The legislature attempted to convene in an emergency session in reaction, but Walton deemed the legislators to be klansmen and held that an meeting by them would be an unlawful klan assembly. Walton prevented an attempted legislative meeting on September 16.[5] Russell had already set October 2 to include a special election on referendum. Campbell Russell circulated petitions to hold a simultaneous ballot initiative vote to amend the state constitution in the same election to permit the legislature to convene itself at any time if a majority of its members sign a petition to convene. Over the governor's objections, this was added to the ballots and was overwhelmingly passed by the state voters, thus enabling the legislature to again convene. On October 5, the legislature's leaders announced that it would convene twelve days later using this new power. However, hoping to limit attendance at their next meeting, the next da Governor Walton used his own power to call the legislature to convene in a special session even earlier on October 11, assigning the session the purpose of investigating the Klan. To pre-empt his pending removal, he also offered to resign, citing the passage of his anti-klan legislation on Oct 2 as satisfactory accomplishments upon which he would be willing to step down after. The legislature declined to accept this offer.[5] A legislative committee recommended twenty-two charges of impeachment.[11]
The House impeached the governor, and informed the Senate on October 23. The senate immediately suspended Walton pending the outcome of his impeachment trial. The trial began on November 1, and ended twenty days later. In the trial, only the prosecution called witnesses. This was due to Walton withdrawing from participation in the trial before presenting his defense. On November 17, Walton had announced to the senate that he would no longer participate in the trial following an adverse ruling on the admission of evidence,[5] remarking
Mr. Chief Justice, and members of this Court, I have been sitting here fighting for my honor, for my rights, and for my home for ten days. I don't wish here to criticize any of these honorable members; some of them no doubt want me to have a fair trial; but I have reached the conclusion that I cannot have a fair trial in this Court. Knowing that, I am withdrawing from this room. I don't care to stand this humiliation any longer for myself, my family, or my honorable attorneys. You may proceed as you see best.[5]
At the close of the trial, the Senate first voted on Article XIX (charging abuse of the pardon power). The 41 senators present unanimously voted to hold Walton as guilty. Thereafter, the impeachment managers presented fifteen further articles, ten of which received the two-thirds support necessary for Walton to be held guilty. After voting on sixteen articles, the managers motioned to drop consideration the remaining articles. Some debate was held as to whether the managers had authority to make this motion, but the motion was ultimately adopted by the Senate. As a result of Walton being found guilty in his impeachment trial, he was removed from his office and Lieutenant Governor Martin Edwin Trapp became governor.[5]
December 1927 impeachments
[edit]Henry S. Johnston (governor) in 1928 –acquitted
[edit]Henry S. Johnston (governor)
Henry S. Johnston (governor) in 1929 –removed
[edit]Johnston was again impeached in 1929, being convicted and removed from office on March 21 1929 for "general incompetence."[12][13]
The trial was presided over by Chief Justice Charles W. Mason.[14]
1929 impeachments of three Supreme Court justices
[edit]The day after Governor Johnson's impeachment trial ended, the House investigating committee adopted the recommendation of a total of thirty-two articles of impeachment to be brought against three Supreme Court justices: Chief Justice Charles W. Mason and Associated Justices Fletcher Riley and James Waddey Clark.[15] None of the three were removed. Mason and Clark were acquitted in their impeachment trials, while the articles of impeachment against Riley were dismissed during his trial.[16]
Chief Justice Charles W. Mason was impeached on March 23, 1929 over allegations of bribery.[14][15] The House further impeached Justice James Waddey Clark, passing eleven articles of impeachment alleging corruption.[17][18]
The House also impeached Fletcher. The Senate began to hold trials on March 28.[19]
On May 11, Clark's trial concluded with him being acquitted.[20] He thereafter served out the remainder of his term.[17][18]
Napoleon Bonaparte Johnson (Supreme Court justice) in 1965 –removed
[edit]Napoleon Bonaparte Johnson (Supreme Court justice), impeached and removed from office amid the 1965 Oklahoma Supreme Court scandal.[21]
Carroll Fisher (insurance commissioner), 2004 –resigned
[edit]Carroll Fisher (insurance commissioner), resigned on September 24, 2004, after his impeachment by the Oklahoma House of Representatives[22]
Other impeachment efforts
[edit]In Oklahoma's early state history, impeachment inquiries against governors by the Oklahoma House of Representatives were commonplace.[5]
James Robertson (governor) in 1920
[edit]https://www.cga.ct.gov/2004/rpt/2004-r-0184.htm
A. L. Crable (superintendent of public instruction), 1944–45
[edit]In early 1944, the state House rejected a resolution urging Crable's impeachment by a vote of 48–50.[23]
Ahead of the 1940 general election, House Speaker Jed Johnson made a campaign promise that he'd resign from his office if Crable was not impeached within 30 days of the next legislature.[24][25] In early 1945, a House investigating committee recommended impeaching Crable.)[24] After three days of heated debate,)[24][25] the full House voted on February 16 to reject six articles of impeachment[23] (which all related to the adoption of textbooks into state curriculum.)[24] The proposed article of impeachment that got the closest to passing (concerning the acquisition and distribution of textbooks to poor households by the state welfare board) was rejected 55–59. Governor Robert S. Kerr had worked behind-the-scenes to lobby against the impeachment. House Speaker Johnson and other House leaders supported the impeachment effort. 21 House Republicans backed the impeachment.[23]
The first proposed article (alleging that Crable had at meetings moved and seconded the adoption of textbooks that he had been warned were in violation state laws) received a vote a 48–60. The third proposed article impeachment (alleging that he had failed to certify 1940 textbook adoptions as he was required by law to) received a vote of 45–69. The fifth proposed article of impeachment (alleging that he had falsely denied that his own signature was present on documents when previously questioned by legislative committees) received a vote of 51–63. The sixth proposed artticle of impeachment (alleging that a member of the textbook commission had violated law) received a vote of 46–68.[24]
David Walters (governor) in 1994
[edit]https://www.cga.ct.gov/2004/rpt/2004-r-0184.htm
Other impeachment efforts
[edit]Proceedings and resignation of Leo Meyer (state auditor), 1913
[edit]Leo Meyer (Auditor), resigned February 12, 1913, after the Oklahoma House of Representatives began impeachment proceedings[26]
Resignation of Samuel Earl Welch (Supreme Court justice) amid threat of impeachment inquiry, 1965
[edit]Amid the 1965 Oklahoma Supreme Court scandal, Justice Samuel Earl Welch resigned in the face of the near-certainty that the House would launch an impeachment inquiry.[21][27]
Impeachment by local and tribal governments in Oklahoma
[edit]Municipal impeachments
[edit]In 1916, Frank M. Wooden, the mayor of Tulsa, was impeached and removed from office.[28]
Impeachments by tribal nations within Oklahoma boundaries
[edit]John Red Eagle, Osage Nation Principal Chief impeached and removed from office in 2014.[29]
References
[edit]- ^ a b Adkison, Danny M.; Palmer, Lisa McNair (2020). "Impeachment and Removal from Office". The Oklahoma State Constitution (2nd ed.). New York: Oxford Academic. Retrieved 9 April 2024.
- ^ a b c "Article VIII, Oklahoma Constitution". Ballotpedia. Retrieved 12 June 2023.
- ^ a b Denwalt, Dale (November 6, 2023). "Can voters fire an elected official in Oklahoma? Public Eye found three possible routes". The Oklahoman. Retrieved 9 April 2024.
- ^ Zadrozny, Brandy (3 April 2024). "Oklahoma official with white nationalist ties is ousted in recall vote". NBC News. Retrieved 9 April 2024.
- ^ a b c d e f g h Ewing, Cortez A. M. (August 1930). "Impeachment of Oklahoma Governors". American Political Science Review. 24 (3): 648–652. doi:10.2307/1946932. JSTOR 1946932.
- ^ "Progress of Investigation and Impeachment". Harlow's Weekly. March 1, 1913. Retrieved 29 February 2024.
- ^ "Impeachment Not New in Oklahoma". The Medford Patriot-Star. October 18, 1923. p. 8. Retrieved 24 September 2023 – via Newspapers.com.
- ^ "Impeachment Not New in Oklahoma". The Medford Patriot-Star. October 18, 1923. p. 8. Retrieved 24 September 2023 – via Newspapers.com.
- ^ a b c O'Dell, larr. "Walton, John Calloway (1881-1949)". okhistory.org. Encyclopedia of Oklahoma History and Culture. Retrieved 9 April 2024.
- ^ Rael, Patrick (31 August 2016). "The Surprising Role of Race in the History of Gubernatorial Impeachment - AAIHS". AAIHS (Black Perspectives). Retrieved 21 April 2025.
- ^ "Grand Jury Will Go Into Walton Charges". St. Joseph News-Press The Associated Press. The Associated PRess. October 25, 1923. Retrieved 25 April 2025 – via Newspapers.com.
- ^ Burke, Bob. "Johnston, Henry Simpson (1867–1965)". okhistory.org. Encyclopedia of Oklahoma History and Culture. Retrieved 9 April 2024.
- ^ Cate, Melissa S.; Bazan, Thomas; Eastvold, Jonathan C. (July 8, 2008). "Governors' Impeachments In U.S. History" (PDF). Illinois General Assembly Legislative Research Unit. Retrieved 20 April 2025.
- ^ a b "Bribery Charges Is Flareback Of Impeachment in Oklahoma". Newspapers.com. Winston-Salem Journal The Associated Press. March 23, 1929. Retrieved 25 April 2025.
- ^ a b "3 Oklahoma Judges Face Impeachment". The Journal Times The Associated Press. The Associated Press. Mar 22, 1929. Retrieved 25 April 2025 – via Newspapers.com.
- ^ "Oklahoma Sad As All State Probes Ended". Corpus Christi Times United press. June 2, 1929. Retrieved 26 April 2025 – via Newspapers.com.
- ^ a b William Aylor Berry, James Edwin Alexander, Justice For Sale: The Shocking Scandal of the Oklahoma Supreme Court (1996), p. 79.
- ^ a b James Shannon Buchanan, Chronicles of Oklahoma (1974), Vol. 52, p. 234.
- ^ Transcript of proceedings of the Senate of the twelfth legislature, state of Oklahoma, sitting as a court of impeachment in the cases of State of Oklahoma vs. Chief Justice Charles W. Mason and Justice Fletcher Riley. : Organized as a court of impeachment, Thursday, March 28, 1929.
- ^ "Oklahoma Senate Court of Impeachment Acquits Justice of Supreme Court". Corsicana Daily Sun. The Associated Press. May 11, 1929 – via Newspapers.com.
- ^ a b Burke, Bob (May 2023). "From the Ashes of Scandal Came Court Reform". Oklahoma Bar Association. 5 (94). Retrieved 9 April 2024.
- ^ Greiner, John; Clay, Nolan (September 25, 2004). "Investigation continues: Three felony charges still loom Impeached Fisher resigns". The Oklahoman. Retrieved 1 August 2024.
- ^ a b c "House Reject Six Articles of Impeachment 59 to 55". Seminole Producer. United Press. February 16, 1945. p. 1. Retrieved 21 April 2025 – via Newspapers.com.
- ^ a b c d e "House Rejects". Seminole Producer. United Press. February 16, 1945. p. 6. Retrieved 21 April 2025 – via Newspapers.com.
- ^ a b "Eyes On Hill As Crable Is Cleared". The Guthrie Daily Leader. The Associated PRess. Feb 16, 1945. Retrieved 25 April 2025 – via Newspapers.com.
- ^ Lovett, John R. "Leo Meyer: Texas and Oklahoma Settler and politician" Western States Jewish History, Vo. XXVI, No. 1, Oct. 1993, pp. 55-64
- ^ "The Law: Oklahoma's Shocking Scandal". Time. 16 April 1965. Retrieved 25 April 2025.
- ^ "Gallery of Mayors". City of Tulsa. Retrieved 14 January 2024.
- ^ Polacca, Benny (21 January 2014). "Osage Nation Principal Chief John Red Eagle Removed From Office". Osage News. Retrieved 28 November 2023.
