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Democrat-appointed Oklahoma Supreme Court justices targeted in election ads

The empty ceremonial courtroom of the Oklahoma Supreme Court in the Capitol is shown in this photo from 2020
Whitney Bryen
/
Oklahoma Watch
The empty ceremonial courtroom of the Oklahoma Supreme Court in the Capitol is shown in this photo from 2020

A political nonprofit connected to a conservative think tank is embarking on an advertising blitz to convince Oklahoma voters not to retain three of the four justices on the Oklahoma Supreme Court appointed by Democratic governors.

People for Opportunity, formed in 2021, has bought TV ads in several Oklahoma television markets. Three of its board members work for the Oklahoma Council of Public Affairs, which has advocated for getting rid of the nominating process for judges in Oklahoma.

The TV ads paint Oklahoma Supreme Court Justices Yvonne Kauger, Noma Gurich and James Edmondson as “activist, liberal” judges.

The three justices are before voters in a judicial retention election on the Nov. 5 ballot. If they aren’t retained, Republican Gov. Kevin Stitt would appoint their successors from a list compiled by the Judicial Nominating Commission.

No appellate court justice has ever lost a retention election, and it’s rare for the races to attract much attention, let alone campaign ads on TV. People for Opportunity is banking on the low name recognition of the justices to make its case to voters.

Kauger was appointed by former Democratic Gov. George Nigh in 1984. Edmondson was appointed by former Democratic Gov. Brad Henry in 2003, and Gurich was appointed by Henry in 2011. Stitt, in his second and final term, has appointed three justices. Former Republican Govs. Frank Keating and Mary Fallin each had one Supreme Court pick.

Dave Bond, a spokesman for People for Opportunity, said the group hopes to get its message out to voters in a relatively quiet November general election for statewide races. There’s just two state questions on the ballot and one statewide race, for the Oklahoma Corporation Commission.

“I do think voters have a little more bandwidth this election cycle in particular to give more thought to who their state Supreme Court justice is going into the election,” Bond said. “I think it is a unique election cycle in that regard.”

A screenshot from a TV ad by People for Opportunity paints three Democrat-appointed Oklahoma Supreme Court justices as “activist liberal” judges who should not be retained by voters in a judicial retention election on Nov. 5, 2024.
A screenshot from a TV ad by People for Opportunity paints three Democrat-appointed Oklahoma Supreme Court justices as “activist liberal” judges who should not be retained by voters in a judicial retention election on Nov. 5, 2024.

Political advertising disclosures filed with the Federal Communications Commission show People for Opportunity reserved ad space at all four of the major network affiliate TV stations in Oklahoma City and Tulsa. Not all of the disclosures include the amount spent on the ads, but the group is spending $81,000 at ABC affiliate KOCO-TV and $20,000 at Fox affiliate KOKH, both in Oklahoma City.

Bond said he didn’t have an estimate on how much money People for Opportunity plans to spend on the judicial retention election ads. As independent expenditures, the group does not have to disclose its donors. It will have to file spending disclosures with the Oklahoma Ethics Commission on the same reporting schedule as other independent expenditures. The next reporting deadline is Oct. 28.

“We have folks around Oklahoma who partner with us to make sure that these messages are put out in front of voters,” Bond said. “They think that regardless of what voters decide to do in November, it’s important for them to have this information. The goal really is to encourage Oklahomans to do their own research prior to November 5th, to make sure they’re more familiar with these three members of their state Supreme Court.”

Several recent Oklahoma Supreme Court decisions have drawn the ire of conservative and religious groups, including one earlier this year striking down the state’s contract with St. Isidore of Seville, a virtual Catholic charter school. That decision was on a 6-1-1 basis, with one justice recusing. Last year, the court ruled in a 5-4 decision there was a limited right to abortion under the state constitution when it came to preserving the life of the mother.

Bond highlighted what he called the anti-business opinions and rulings from the justices, as well as rulings on immigration enforcement and election security.

“We have noticed a growing level of interest among a lot of Oklahomans about what their state Supreme Court is doing,” he said. “They have seen over time, legislative majorities at the state Capitol pass a lot of things that the state Supreme Court has then thrown out for all sorts of reasons. And I think it has heightened the level of awareness that folks around the state have about the Oklahoma Supreme Court.”

It’s unclear if the three Supreme Court justices up for retention can counteract the TV ad blitz by People for Opportunity with just a month left until the general election. The rules for judicial fundraising differ from candidates for legislative or executive offices because judges are also bound by the Code of Judicial Conduct. None of the three justices have an active campaign account.

Federal tax filings show People for Opportunity spent $1.5 million on advertising in 2022. It also made a $60,000 contribution to the Rule of Law Defense Fund, a Washington DC-based fundraising and policy arm affiliated with the Republican Attorneys General Association.


Oklahoma Watch, at oklahomawatch.org, is a nonprofit, nonpartisan news organization that covers public-policy issues facing the state.

Oklahoma Watch is a non-profit organization that produces in-depth and investigative journalism on important public-policy issues facing the state. Oklahoma Watch is non-partisan and strives to be balanced, fair, accurate and comprehensive. The reporting project collaborates on occasion with other news outlets. Topics of particular interest include poverty, education, health care, the young and the old, and the disadvantaged.
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