The Oklahoma Supreme Court must now decide whether to grant a request by three Republican legislators to block Corporation Commissioner Todd Hiett from voting on rate cases for three major utilities because of the sexual and alcoholic allegations made against him last summer.
Seven of the nine justices listened to arguments Tuesday in the writ of mandamus sought by Reps. Gann, R-Inola, Kevin West, R-Moore, and Rick West, R-Heavener following reports that Commissioner Hiett drunkenly groped a man at a hotel bar during a national convention last June in Minneapolis, Minnesota. The three contend the victim is an employee of one of three major firms, Oklahoma Natural Gas, Oklahoma Gas & Electric or Public Service Co. of Oklahoma and represents one of the companies before the Corporation Commission. The three sat at a table on one side of the room while Hiett sat a table opposite them.
“It’s not about alcoholism,” argued attorney Stephen Jones for the legislators. “It is about a gross felony—it’s about sexual assault in a public place against someone who has legitimate business or his company or firm before the commission,” explained Jones.
“We have a situation in which a Commissioner conducted himself—allegedly—grossly improperly in a public building, in a hotel around other members of other state regulators and commissioners—companies that have appeared before him and his own employees and I think it’s fair to say no one has done anything about that.”
However, Todd Hiett’s attorney, Joe White of Oklahoma City argued the Supreme Court does not have the authority to block the commissioner from voting on the cases.
“The remedy is limited to impeachment—there is authority for impeachment and removal but it doesn’t involve this court.”
He repeated his contention that the Supreme Court does not have the power to issue a writ….”gotta follow the constitution.” White went on to refer to what he labeled “the elephant in the room.”
“Petitioners’ application discussed two unproven allegations made anonymously. Commissioner Hiett does not know who these individuals nor what they’ve alleged.”
He further charged it was an improper request made by the three legislators and emphasized again his contention the Supreme Court had no jurisdiction in the matter.
“You’re limited—you cannot impeach. You cannot do what they’re trying to do through you,” adding that the process provides no due process nor does it give White the benefit of discovery.
“You do not have that power—the people of Oklahoma have not given you that authority.”
Just as the Justices raised questions of Jones, they did the same with White who again emphasized his belief the court had no authority in the matter.
“We believe what they are seeking today is not a judicial process, it is a legislative process.”
In rebuttal, Jones told the Court that the legislators earlier in the day had filed a supplement to their original petition for the writ. It was the response they had received through an open records request of the Kansas Corporation Commission. It was the KCC in which representatives who witnessed the alleged groping had made statements.
The KCC’s response was 18 pages and Jones explained the names were redacted but available to the court. He said the affidavits were filled with “excruciating and unpleasant details.”
“He is compromised—he is compromised. These utilities know what he did.”
Jones went on to contend that Hiett’s arguments had become a “moving target” and that the case simply involved an elected state official who was “drunk out of his mind.”
“No matter how it’s dressed up, that’s what the witnesses said,” said Jones, adding that it is not “rank speculation or conjecture” as Hiett’s attorney argued.
When asked if the legislators were asking the court to take action with no testimony, Jones answered.
“The consequences of doing nothing and saying ‘well, we don’t have any remedy,’ is in effect, with respect, sanctioning a great abuse.”
It is unclear when a decision might be handed down by the court.
Corporation Commissioner Bob Anthony issued a statement after the arguments.
“Today, in response to a question from Chief Justice Kane, Commissioner Hiett’s attorney agreed that Hiett is “bound by” both Ethics Rule 4.7 and Code of Judicial Conduct Rule 2.11. The simple reading of those laws is clear: Where a reasonable person would question Hiett’s impartiality in a matter/proceeding, Hiett must disqualify himself. Not doing so violates the law, whether the cases are legislative or judicial,”he said in a released statement.
“Regardless of how the Court rules on this petition, Oklahoma utility customers owe a debt of gratitude to State Reps. Tom Gann, Kevin West and Rick West for their willingness to stand up for what’s right – and not just with words, but with action.”