By Barbara Hoberock, Oklahoma Voice
OKLAHOMA CITY – The Oklahoma Supreme Court on Wednesday resolved a power dispute between Gov. Kevin Stitt and the Oklahoma attorney general over gaming compacts.
The state’s high court ruled that Attorney General Gentner Drummond could not take control of a lawsuit filed against Stitt by four Oklahoma tribes that challenged the legality of gaming compacts that Stitt had negotiated with four other tribes.
“The Governor possesses statutory and constitutional authority to represent the interests of the State of Oklahoma in the underlying case, and his participation includes the choice of counsel who will represent the Governor’s position,” the order said.
The attorney general is authorized to appear, but may not take control of the defense of the state’s interests in the present case over the governor’s objection when the governor has already retained counsel, the opinion said.
In 2020, the Cherokee Nation, Chickasaw Nation, Choctaw Nation and Citizen Potawatomi Nation sued Stitt in federal court alleging the compacts he entered into with the Comanche, Otoe-Missouria, United Keetoowah Band of Cherokee Indians and the Kialegee Tribal Town were illegal and violated their rights.
Stitt obtained private counsel.
A federal court had asked the Oklahoma Supreme Court to answer a specific question about Oklahoma law.
In 2023, Drummond entered the case alleging he was authorized to take control and defend the state.
Drummond argued that the compacts were invalid and thattheir client was the state and not Stitt.
Stitt argued that he had supreme executive power and Drummond’s office could not seize the litigation from him.
“Although the Attorney General is given extensive authority to represent the State, he does not possess ‘complete dominion’ over all litigation involving the State or state offices,” the opinion said.
The attorney general may act independently from the governor and represent the state’s interest not represented by the governor, the opinion said.
Both Stitt and Drummond claimed victory.
“Unfortunately, AG Drummond wasted a lot of time and taxpayer money trying to take control of litigation that was meant to protect Oklahomans,” Stitt said. “His power grab was rejected.”
“Attorney General Drummond had argued he has statutory authority to advocate for the interests of the state and we are pleased that the state Supreme Court today affirmed that stance,” said Phil Bacharach, a Drummond spokesperson.
