Reps. Tom Gann, R-Inola, Kevin West, R-Moore, and Rick West, R-Heavener, issued statements Monday regarding Oklahoma Corporation Commissioner Todd Hiett’s response brief to the writ of prohibition they filed against Hiett.
“Todd Hiett’s response brief is most notable for what it doesn’t say. He doesn’t deny any of the criminal conduct allegations that have been publicly made against him,” the lawmakers said in a statement.
“He doesn’t deny that the utilities and other parties with direct knowledge of that conduct have leverage over him and his decisions in their cases at the OCC. He also doesn’t claim that he is somehow exempt from state ethics rules and the Code of Judicial Conduct. Instead, he argues that the petitioners haven’t proved that he’s guilty or biased.”
Their writ asked the courts to intervene to protect the public interest. Hiett has been accused of sexual molestation and public drunkenness. The three argue that he should be disqualified from cases at the OCC involving the victims or witnesses to his alleged crimes saying he cannot be impartial or unbiased.
“But the law says we don’t have to prove it. The State Ethics Rule 4.7 makes it clear that an official should disqualify himself or herself if ‘the circumstances would cause a reasonable person with knowledge of the relevant facts to question his or her impartiality in the matter.’ The Code of Judicial Conduct contains a similar provision,” stated the three Republican Representatives.
“That is clearly the case here. Yet, since Hiett refuses to disqualify himself, we have asked the court to step in and disqualify him to protect ratepayers. Even what Hiett’s response brief does argue is damning – especially where it says ‘the rule of necessity requires that Commissioner Hiett not be disqualified’.”
The Representatives stated in their original brief that the ‘Rule of Necessity’ is a common law principle that says in effect a biased judge is better than no judge at all and allows a biased judge to participate in a base—if the case cannot be heard without him.
The legislators contend that before the ‘Rule of Necessity’ can apply, the judge, meaning Hiett, either has to admit to being biased or be found to be biased.
“To argue ‘the rule of necessity requires that Commissioner Hiett’ participate in these cases means that Hiett is admitting he is conflicted in these cases! If he’s conflicted, there must be a reason. It comes surprisingly close to an admission of guilt to the criminal conduct allegations themselves,” they concluded.
In his response filed last Friday and reported by OK Energy Today, Commissioner Hiett stated the claims were based on “unproven and salacious allegations, rumors and inuendoes.”