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AG Drummond addresses Gov. Stitt's push to settle proposed lawsuit

OKLAHOMA CITY (KFOR) - Oklahoma Attorney General Gentner Drummond on Monday, called upon Governor Stitt to pause any further action with the Contingency Review Board (CRB) until a federal judge approves the final decree.

According to AG's Office, this is the second request in three months to Governor Stitt, who they say seeks to prematurely settle the Oklahoma Department of Mental Health and Substance Abuse Services (ODMHSAS) position in the Briggs v. Friesen lawsuit. The lawsuit alleges a violation of due process rights by failing to provide timely court-ordered competency restoration services for some pretrial defendants deemed incompetent to stand trial. The result says AG Gentner, has delayed justice for victims of crime and could potentially cost Oklahoma taxpayers if a remedy can't be reached.

Gentner Drummond

“As Yogi Berra would have said, this is déjà vu all over again,” Drummond wrote Stitt in an Oct. 7 email. “Your call for the Contingency Review Board to meet is premature, just as it was when you last called for a meeting (in August). Your eagerness to reject this well-considered, judicious,
and altogether appropriate consent decree is bewildering. The state agency that has put Oklahoma in this indefensible position has shown minimal improvement at best.”

Drummond's office confirms, Federal Judge Gregory Frizzell has ordered a Jan. 15, 2025, hearing on the final approval of the consent decree. As the brokered deal awaits approval AG Gentner says, as of Sept. 23, 2024 individuals continue to languish in jails waiting for necessary services by ODMHSAS. Of these, 35 have waited for more than a year, while seven have done so for more than two years.

“In the meantime, crime victims and their families have no choice but to endure their own seemingly interminable wait to see justice done,” wrote Drummond. “Because I am the chief law officer of the State and leading this litigation, I assure you I will promptly inform you when it is appropriate to convene the Contingency Review Board. When that time comes, I urge you to give serious consideration to this consent decree, the only feasible way to ensure justice while saving Oklahoma taxpayers untold millions of dollars.”

Governor Stitt is currently scheduled to hold a Tuesday CRB meeting to take up the settlement alongside his four-member CRB, which also includes House Speaker Charles McCall, Senate President Pro Tempore Greg Treat and Office of Management and Enterprise Services Executive Director Rick Rose, a Stitt appointee.

The AG's office says, the consent decree outlines a strategic plan for justice to be administered in a timely fashion by improving ODMHSAS’ restoration services.

Read the full letter.

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