State Reps. Justin Humphrey, R-Lane and Kevin McDugle, R-Broken Arrow do in fact have standing to pursue an open records lawsuit against District Six District Attorney Jason Hicks, Stephens County District Judge Brent Russell decided last week.
The decision is a reversal from the court’s initial ruling on Feb. 16, where Russell determined that Humphrey and McDugle could not be listed as plaintiffs in the lawsuit because they retained Houston attorney Christina Vitale to request the records on their behalf. The plaintiffs faced a March 15 deadline to amend the lawsuit or have the case dismissed.
Upon further review, Russell determined there was a sufficient connection between the lawmakers and Vitale and the lawsuit may proceed with Humphrey and McDugle as plaintiffs. The ruling does not “insinuate the validity” of the lawmakers’ claims, Russell wrote in the brief filing issued on March 6.
In the initial lawsuit filed on Dec. 20, Humphrey and Mc-Dugle claimed Hicks willfully withheld communication records related to death row prisoner Richard Glossip’s April 2023 clemency hearing. Hicks denied the open records request, filed weeks after Glossip’s clemency hearing, asserting that the messages were made in a personal capacity and therefore shielded from the Oklahoma Open Records Act.
In an interview with Oklahoma Watch, Humphrey said the duo filed the lawsuit on the suspicion that district attorneys were improperly influencing Pardon and Parole Board members. Both lawmakers have been ardent supporters of Glossip, whose execution has been stayed pending the outcome of a U.S. Supreme Court decision.
On Feb. 28, a bill sponsored by McDugle to implement a death penalty moratorium cleared the House Criminal and Corrections Committee, which Humphrey chairs. House Bill 3138 has a March 14 deadline to clear the full House and move to the Senate, where David Bullard, R-Durant, has agreed to sponsor the bill.