It has been a difficult March in the state after high winds and wildfires ravaged communities, leaving four dead and 400 homes destroyed, according to the Oklahoma Department of Emergency Management. In trying times, it is easy — understandable, in fact — to fall behind on other items of news, whether you were personally affected by the fires or simply hold concern for those who were.
This roundup will help you get caught up on some things you might have missed, including a $4 million defamation judgment against a failed political candidate, embezzlement charges against a former Oklahoma legislator and both praise and criticism of the Department of Human Services.
A ‘complete turn-round’: DHS exits federal oversight …
After 13 years, federal oversight of Oklahoma’s child welfare system is ending.
Settled in 2012, the class action lawsuit D.G. v. Yarborough brought the Department of Human Services under federal oversight following reports that DHS allowed abuse to children under its care, maintained overcrowded shelters and failed to provide secure long-term placements, among other concerns. On March 13, with the consent of the parties and independent evaluators, the attorneys who first litigated the case announced U.S. District Judge Gregory Frizzell has terminated the consent decree that brought DHS under federal oversight.
As part of the 2012 settlement, state leaders created the Pinnacle Plan to improve DHS services. “Co-neutrals” monitored the agency’s progress after reforms began. With the DHS improvements funded even while the state faced massive budget holes, officials including Senate Pro Tem Lonnie Paxton now praise the policy plan for its success.
“The conclusion of the Pinnacle Plan marks a defining moment for Oklahoma’s child welfare system,” said Paxton (R-Tuttle). “Over a decade ago, our state faced serious challenges in ensuring the safety and well-being of children in foster care. Through strategic investments, dedicated reforms and the tireless work of child welfare professionals, we’ve drastically reduced the number of children in state custody, improved placement stability and strengthened family support services.”
Attorney General Gentner Drummond, who recently negotiated the state into a similar “consent decree” lawsuit settlement to improve services for pre-trial defendants needing mental health competency restoration services, praised the Legislature and DHS for focusing on improving child welfare, highlighting the attorney general office’s relationship with DHS.
“Today marks the culmination of 13 years of dedicated work to protect Oklahoma’s most vulnerable children,” Drummond said in a press release March 13. “Our office has been proud to work hand-in-hand with DHS throughout this process, from negotiating the initial settlement to witnessing the remarkable transformation of our child welfare system.”
Tulsa-based attorney Frederic Dorwart, who represented the children in the lawsuit 13 years ago, also praised the state’s turnaround.
“The court-ordered consent decree, with the exceptional work of the co-neutrals, successfully transformed Oklahoma’s foster care system from a system failing to meet minimum constitutional standards to a nationally recognized high performer,” Dorwart said. “D.G. v Yarborough evidences the effectiveness of litigation as a tool for agency reform and improvement.”
Dorwart’s law firm also represented plaintiffs in the recently settled Briggs et al v. State lawsuit about mental health competency restoration services. Under that consent decree recently approved by the full Oklahoma Legislature, state leaders must reveal a full plan to improve services in a similar manner to how the Pinnacle Plan prescribed DHS changes and benchmarks.
… but DA raises additional DHS scrutiny
One day after the announced end of Pinnacle Plan oversight, District Attorney Adam Panter released a letter criticizing the Oklahoma Department of Human Services’ conduct in his district, which includes Pottawatomie and Lincoln counties.
In the letter (embedded below), Panter accuses DHS of “systematically and repeatedly [failing] to follow state laws designed to protect children suspected of being sexually or physically abused or neglected.”
“That failure to follow the law and policies put in place to protect children has led to subsequent and continuing sexual and physical abuse of children which would otherwise have been prevented,” Panter said. “Despite multiple efforts made to obtain compliance, OKDHS has failed to correct their behavior, and I cannot stand to see another child unnecessarily victimized.”
Panter said DHS is improperly investigating reports of child abuse without consistently involving district attorneys’ specific “multidisciplinary child abuse teams” as required by law.
“What has been brought to my attention is that in many cases, OKDHS is receiving reports of suspected sexual or physical abuse of children and going out on their own and conducting forensic interviews of those children in the field. Based on these field interviews, which OKDHS is not properly trained to do, OKDHS determines for themselves whether the allegations are credible, and based on this opinion, will close the investigation without ever following the statutory procedures by notifying law enforcement and the child abuse experts of the [multidisciplinary team],” Panter wrote. “I have now been made aware that multiple cases where this has occurred have resulted in children being placed back in the home of their abusers, where they have been subjected to further sexual or physical abuse. There have even been cases where OKDHS received multiple reports of abuse over a period of months, never notifying law enforcement, leaving the children in the home to suffer repeated abuse. Some of these cases were only discovered when vigilant staff at our local child advocacy center notified law enforcement when those same children were later brought in for interviews and medical care due to subsequent abuse.”
Panter fears the true number of children abused in his district has gone underreported and that children affected have not been receiving resources from the Child Advocacy Center of Central Oklahoma as required by law.
“Recent meetings with OKDHS to urge their compliance with the law have led to some constructive conversations which will hopefully lead to meaningful change. But the willingness to fix these problems does not negate the need to hold OKDHS accountable for their past failures,” Panter wrote. “I have no reason to believe that my district is the only one facing this problem.”
Panter said he would formally request Attorney General Gentner Drummond to present the situation to the state multi-county grand jury to determine whether criminal charges are warranted and, if not, what steps can be taken to improve outcomes for children. A recent effort through initiative petition to launch an Oklahoma County grand jury investigation into DHS failed to gather enough signatures in January.
Former legislator charged with felony embezzlement
Calvin “Wes” Hilliard, who represented House District 22 as a Democrat in the Oklahoma Legislature from 2004 to 2012, faces a litany of felony and misdemeanor charges in Murray County related to alleged embezzlement from a junior livestock association.
On March 12, Murray County District Attorney Melissa Handke charged Hilliard with 10 felony counts of embezzlement, two counts of uttering a forged instrument, and one count of pattern of criminal offenses in two or more counties. He is also the defendant in two misdemeanor cases, one for leaving the scene of an accident and the other for one count of petty larceny, two counts of misdemeanor embezzlement and five counts of unauthorized use of of a debit card.
A probable cause affidavit written by Ben Flowers, listed as Hilliard’s arresting officer, said he began looking at Hilliard’s finances after the Murray County Junior Livestock Association Board of Directors voted unanimously to ask the sheriff’s office to investigate possible misappropriation of their funds. One of the board members, Tanner Hilliard, appears to be a relative of Wes Hilliard.
Flowers reported examining more than $48,000 in suspicious transactions from the livestock association’s accounts at Vision Bank, where Wes Hilliard has served as president. Hilliard made several transfers from the livestock association’s accounts at the bank to his own account over the course of about a year, with most checks he issued mentioning “reimbursement” on the memo line. Leaders of the livestock association told Flowers that Hilliard was not authorized to make the transfers, and in many cases he claimed to be reimbursing himself for costs the association had already paid to the proper vendors. There were also two instances where a check was issued to Hilliard bearing the signature of “Jeremy Mann,” a livestock association board member, but Mann claims he never authorized or signed the check.
Hilliard held the association’s only debit card, and Flowers found the card had been used for purchases at Sonic, Pizza Hut and Chickasaw Telephone. Flowers also reported a purchase to the card for $168 from Walmart on Christmas Eve last December. After reviewing video from the facility, Flowers identified Hilliard using the card to purchase Barbies and Lego toys.
“As we went over the accounts Mr. Hilliard admitted to fraudulently taking money from the MCJLA accounts. I mentioned I had also looked into the use of the MCJLA debit card, Mr. Hilliard also admitted to using the MCJLA debit card for his benefit,” Flowers wrote. “Towards the end of our conversation I asked how much was left owed back to the MCJLA. [Wes] stated he was willing to just pay back this, pointing at the figures on paper of approximately $34,000. Hilliard stated he was trying to sell a 10-acre parcel of land. Hilliard then stated he felt he likely owed $26,000 [to] $27,000. I did a quick calculation based off my investigation thus far. If two of the last three deposits I investigated were actual attempts to repay from Hilliard; I came up with $28,788. We agreed this was kind of what he was thinking.”
Fount Holland awarded damages from Jarrin Jackson
On March 13, a Tulsa County judge awarded a $4 million judgment against former political candidate Jarrin Jackson to opposing campaign consultant Fount Holland and his company, Campaign Advocacy Management Professionals.
Widely considered one of the top political operatives in the state, Holland filed the libel lawsuit against Jackson in August 2022, days before runoff elections for races across the state. At the time, Holland was consulting for Sen. Ally Seifried (R-Claremore), who eventually won her first term in the State Senate.
Seifried’s runoff opponent was Jackson, a thrice-defeated Republican candidate who regularly shares his views on government in social media posts and videos. He gained notoriety during the 2022 campaign when he wrote the word “Dominion” on a printer and shot it with a rifle, a reference to voting machines and the 2020 presidential election.
During the runoff, Jackson circulated mailers and ran radio and TV advertisements targeting Holland, implying Seifried had hired a consultant who had a felony conviction and “was charged for trying to steal an election,” according to the petition. Jackson also implied that Holland had been criminally implicated in the embezzlement case against Epic Charter Schools’ co-founders and former chief financial officer.
“There is no admissible evidence that Holland was arrested, charged or convicted of any crime,” wrote Taylor Burke, Holland’s attorney.
Burke also characterized Jackson as “bombastic.”
“His campaign (…) often resembles a cross between a televangelist, an Alex Jones-style conspiracy theorist program and children’s programming,” Burke said.
Through attorneys, Jackson answered the lawsuit by arguing his campaign claims were true, but he only spoke about the claims regarding Epic, saying Holland received payments from entities associated with the online charter school. Eventually, Jackson began representing himself and claiming that state courts had no jurisdiction over him because he is a sovereign citizen, a concept that has not been recognized by the American justice system.
As Holland’s lawsuit dragged on, Jackson filed his own lawsuits against Burke and a Tulsa County judge, eventually appealing them up to the Oklahoma Supreme Court. Jackson said Burke violated his rights to privacy by sending him discovery requests, and Jackson argued that the judge had failed to establish jurisdiction over him, making the case moot.
After Holland was awarded $3 million in actual damages and $1 million in punitive damages, Jackson submitted another filing in the case, titled “notice of constitutional demand to investigate Oklahoma judges for deprivation of due process of law.”
Although much of the document is unreadable owing to faint copy, Jackson wrote that he was sending the notice to President Donald Trump, U.S. Attorney General Pam Bondi, Secretary of State Marco Rubio, Gov. Kevin Stitt, Elon Musk and the U.S. Supreme Court.
“We’re pleased with the outcome,” Burke said Thursday on behalf of Holland.
Although the case against Jackson appears to be concluded, a contempt citation trial is scheduled in the case for April 28. According to Burke, the trial will be against Daryl Simons, a friend of Jackson’s who declined to comply with a subpoena served on him. Burke said Simons leads a group called Project Forty Six that may have been involved in some of the slander against Holland.
“It looks like there was some group that was trying to harm Fount Holland, and so that’s why it matters so much is who was really behind this,” Burke said.
Jackson did not respond to a Facebook message seeking comment prior to publication of this story.
‘Issues of fact remain’ in Epic vs. Epic California dispute
On March 12, the Oklahoma Court of Civil Appeals reversed and remanded an Oklahoma County District Court summary judgment ruling in favor of Epic Charter Schools in a complicated business lawsuit between entities associated with the state’s largest online school.
The breach of contract lawsuit was filed by Community Strategies-CA, Inc. — referred to as CS-CA — against its initial parent company, Community Strategies, Inc. in March 2022. CSI is the official corporate entity name of Epic Charter Schools.
CSI created CS-CA in 2015 to open an online charter school in California similar to the Epic model in Oklahoma. In its lawsuit petition, CS-CA stated claims for breach of contract and unjust enrichment, arguing that its employees sometimes worked on Epic projects in Oklahoma. CS-CA claimed that CSI employees sometimes worked on CS-CA projects in California, with a series of complicated business agreements in place to ensure proper reimbursement of both entities.
But CS-CA says CSI never reimbursed the entity for services rendered in 2019 and 2020, causing it to lose more than $400,000.
“As part of this contract, CSI agreed to pay CS-CA for CS-CA’s reimbursement to [a California nonprofit subcontracted by CS-CA] for California Epic employees providing services to CSI and its Oklahoma charter school operations. CS-CA invoiced CSI for a total of $430,573.11,” attorneys for CS-CA wrote in their petition. “CSI has breached its contract with CS-CA by refusing to pay the amounts owed when due or within a reasonable time thereafter.”
In 2021, CSI and CS-CA split, with the California operation becoming a separate and independent corporation in Oklahoma.
In June 2024, Oklahoma County District Judge Don Andrews granted summary judgment in favor of CSI, finding no facts in dispute and that the law favored the defendant. CS-CA appealed the ruling, and the Court of Civil Appeals reversed Andrews’ ruling and ordered further proceedings in the matter.
“We conclude material disputed issues of fact remain regarding whether there was an agreement by CSI to pay the salaries of the California employees,” Court of Civil Appeals Judge Jane Wiseman wrote for the majority.
Judge John Fischer concurred with the opinion. Judge Gregory Blackwell dissented.
LOFT report calls for Ethics Commission improvements
The Oklahoma Legislative Office of Fiscal Transparency presented an operational assessment on the Ethics Commission to legislators March 6, finding that the commission has not been as effective as it could be.
In total, LOFT presented four findings in their report to lawmakers:
- “The Ethics Commission’s effort is primarily focused on campaign finance reporting;”
- “Poor record keeping impairs the commission’s effectiveness and accountability;”
- “The Ethics Commission has lost sight of its original mission, putting undue emphasis on the means of regulation rather than the ends;” and
- “Opportunities exist to realign agency operations with the commission’s original mission.”
During the Ethics Commission’s March 13 meeting — one week after the LOFT report’s release — new Ethics Commission executive director Lee Anne Bruce Boone presented the findings to commissioners.
“Without a doubt, the lack of resources in previous years did hamper the commission’s ability to manage its work, and that definitely was demonstrated throughout the report,” Bruce Boone said during the meeting. “The additional funding and resources in this year’s budget that the Legislature and governor appropriated have definitely provided an avenue for us to move forward with a much different approach, but it will take time and focused energy to right the course. We can’t change our trajectory overnight, but we are appreciative of this fresh insight.”
LOFT recommended that the Legislature:
- “Prohibit the Ethics Commission from reviewing filings from a previous election cycle except for in cases of fraud;” and
- “Require that campaign banking documents be submitted to the Ethics Commission after the election.”
It also listed recommendations for the commission, saying the agency should improve operational efficiency by implementing a case management system and developing a schedule for reviewing campaign finance filings.
The report also recommended that the commission “create a risk-based audit schedule that examines winning campaigns most frequently, but also audits a random selection of other campaigns.”
Finally, the report recommended measures to increase transparency and promote the commission’s value to Oklahoma.
At a recent press availability, House Speaker Kyle Hilbert (R-Bristow) noted that the issues examined by LOFT primarily involved the Ethics Commission’s operation under its prior director.
“There’s a new director, and she seems to be doing a really good job,” Hilbert said. “In my mind, nothing in that report is negative on the current director because she is still brand new over there.”
Guymon hopes to address water needs with new wells
The Commissioners of the Land Office is working with the City of Guymon on a new well project aimed at alleviating some of the water scarcity issues in that part of the state. The project will include drilling seven new test wells and four high capacity production wells. The project also includes transmission pipelines, pumping infrastructure, ground storage and a chlorination system.
Guymon, with its population of about 13,000 people, sometimes pumps about 92 percent of its current capacity during the hottest months of the year. In fact, the capacity to pump water to residents has actually diminished over time. Twenty years ago, the city could pump about 9 million gallons per day. Now, that total is around 6.2 million gallons per day, according to a letter from city officials to residents sent last year.
The reduction in capacity reflects the need for more water in the panhandle community where the Seaboard Farms pork processing plant reportedly uses about 3,500 gallons of water per minute of operation. Guymon gets much of its water from the Ogallala Aquifer which has seen its levels fall in recent years. Water scarcity has been an issue in the panhandle for decades. Completed in the late 1970s, Optima Lake was built to be a reservoir in Texas County fed by the Beaver River. But by the time the 12-year project was completed, the flow of that river had been reduced to a point of being incapable to fill the reservoir. Known as a “dry lake,” Optima has served as more of a tourist curiosity ever since.
Savanna police officer sentenced to 40 years
Former Savanna police officer Jeffrey Scott Smith has been sentenced to 40 years in federal prison after sexually assaulting a woman during a traffic stop.
In his first solo shift for the tiny police department in Pittsburg County, Smith pulled over the victim and her boyfriend for speeding. After finding the boyfriend’s license had expired, Smith told the victim to drive, and then began asking personal questions, including what the victim did for work. According to a press release from the U.S. Department of Justice, the victim reluctantly said she danced at a gentleman’s club. During the conversation, Smith turned off his body-worn camera.
Smith then asked to search the car and found a marijuana pre-roll in the victim’s purse. Smith then turned off the dashboard camera of his patrol car, took the victim back to his car and sexually assaulted her, according to the DOJ.
“Smith’s despicable acts traumatized the victim and soiled the reputation of the law enforcement community,” said Christopher Wilson, United States attorney for the Eastern District of Oklahoma. “The sentence imposed is just punishment, and I am thankful to the FBI, the OSBI and the prosecutors for their exceptional work in holding the defendant accountable for his crimes.”
The case represents the first sexual assault conviction and sentence under the 2022 Reauthorization of the Violence Against Women Act that added enhanced penalties for civil rights offenses involving sexual misconduct. Smith was convicted of deprivation of rights under color of law and two counts of falsification of records.
Cameron University taps Hunt as new president
At its March 10 meeting, the University of Oklahoma Board of Regents hired Shane Hunt to be the new president of Cameron University, which has campuses in Lawton and Duncan.
Prior to his new position, Hunt served as the dean of the College of Business and vice provost for entrepreneurship and economic innovation at Idaho State University. He is also a marketing professor whose research has appeared in several business journals. He has written six textbooks.
“The board was exceptionally impressed with Dr. Hunt’s qualifications and enthusiasm,” Eric Stevenson, chairman of the University of Oklahoma Board of Regents, said in a press release. “His demonstrated leadership, along with a track record of fundraising success, indicates to us that he is a person with the drive and vision needed to lead Cameron University.”
Hunt, who has deep Oklahoma ties, is succeeding John McArthur as Cameron president. Former Lt. Gov. Jari Askins had served as interim president since McArthur’s retirement, but she did not apply for the permanent position.
Hunt received his masters in business administration at OU before working in Tulsa for eight years. He then earned his doctorate at Oklahoma State University.
“I am thrilled and honored to serve as the next president of Cameron University and become part of the Aggie family and the Lawton community,” Hunt said in the press release announcing his appointment. “As a first-generation college graduate who grew up in this state, I can speak firsthand about the transformative power of public higher education in Oklahoma.”
Former Sen. Billie Floyd dies at 95
Former State Sen. Billie Floyd died March 11 at the age of 95. Floyd (D-Ada) served one term from 1984 to 1988.
Floyd worked as an educator at East Central University for 31 years before deciding to run for office, although she told The Oklahoman in 1987 she had always been politically involved. According to her obituary, Floyd worked with former state senator and U.S. Rep. Wes Watkins (D-OK3) and his wife, Lou, to petition for the Equal Rights Amendment’s approval in Oklahoma. However, that never occurred.
As a senator, Floyd chaired the Senate Tourism Committee and championed unity across the state’s regions.
“Pogo once said, ‘We have met the enemy and the enemy is us.’ I think to some extent, that’s true for Oklahoma,” she told The Oklahoman in 1987. “We sell ourselves short. We’ve got to pull together and quit fighting over territory. What’s good for one part of the state is good for the whole state.”
Floyd also authored legislation renaming East Central Oklahoma State University to East Central University and designating gaillardia — also known as Indian blanket or firewheel — as the state wildflower.
Senate Democratic Leader Julia Kirt (D-OKC) praised Floyd’s dedication to her community, both in and out of office.
“After leaving the Senate, Billie returned to Ada and continued to serve her fellow citizens, including establishing the first Special Olympics Games in Oklahoma, the Pontotoc Animal Welfare Society, and serving in other community organizations as well,” Kirt said. “Sen. Floyd exemplified a life well-lived, and we are profoundly grateful for her service and extend condolences to her family.”
