Historic Vote Removes Okla. Justice Kauger, Leaving Questions About Impact On Tribal Law Cases

For the first time in state history, Oklahomans voted to remove a state Supreme Court justice.

Three of the nine justices were up for retention, and voters removed Justice Yvonne Kauger from the bench.

The conservative nonprofit People for Opportunity was one of the groups behind the ads that targeted the justices. Its spokesperson, Dave Bond, says there needs to be a higher level of accountability and awareness of justices on the state Supreme Court.

“When Republicans in the legislature pass a conservative reform and the Republican governor signs a conservative reform, these are the folks who decide whether or not it gets to stay on the books and a lot of times they have been throwing out conservative reforms,” he said.

Bond points to immigration and election reforms that lawmakers passed and the state Supreme Court threw out. His group is also paying attention to tribal sovereignty cases.

Justice Yvonne Kauger has been on the bench since 1984. She founded the Sovereignty Symposium, a tribal legal conference. It’s her deep knowledge of Indian law that an Oklahoma attorney says will be missed by the state Supreme Court.

Attorney Mike Parks believes the political attacks against the justices were unfair. But he hopes there’s still time for Justice Kauger to rule on his client’s case before she’s removed from the bench.

“She is an honest and fair justice,” he said.

Parks represents Alicia Stroble, a Muscogee Creek citizen fighting against paying state income tax. She argues that because of the McGirt ruling, the Indian state income tax exemption applies. The state Supreme Court heard oral arguments on the case in January. Parks hopes a decision comes before Justice Kauger leaves the bench next January.

“The replacement justice may or may not have the expertise in Indian law that Justice Kauger has,” Parks said.

The conservative group responsible for the attack ads is paying close attention to the Stroble tax case, too.

“As a member of the Choctaw Nation, I do hope that our state Supreme Court is thinking about all Oklahomans as they’re deciding cases like this,” Bond said.

While Parks believes the decision could still go in his client’s favor without Justice Kauger, an opinion might end up taking longer.

“It is possible that an opinion could be delayed so that Governor Stitt will have the time to appoint a new justice to take the place of Justice Kauger,” he said.

There is no timeline for when the state Supreme Court has to issue an opinion on this case.

Alicia Stroble sent News On 6 a statement saying she doesn’t believe Gov. Kevin Stitt appointing a new state Supreme Court justice will have an impact on her winning her case.