OKLAHOMA CITY – Gov. Mary Fallin’s general counsel is among the applicants for a seat the governor will fill on the Oklahoma Court of Criminal Appeals.
General Counsel Steven K. Mullins is one of 11 applicants who will be considered by the Judicial Nominating Commission. The panel will forward three names to the governor.
A vacancy on the five-member court was created with the retirement of longtime Judge Charles Johnson. The Court of Criminal Appeals is the state’s highest court for criminal matters.
The position pays $137,655, according to the Administrative Office of the Courts. Mullins is paid $100,000 but left a $150,000 a year job to work for Fallin, said Fallin spokesman Alex Weintz. He previously worked for the U.S. Justice Department in several capacities.
“In my opinion, it presents a clear conflict of interest in that the governor has a special relationship, which is certainly appropriate, but has a special relationship with one of the candidates that would cause her to bring bias because of that relationship to the selection process, to her decision,” said Allen Smallwood, a Tulsa attorney and prior chairman of the Oklahoma Judicial Nominating Commission.
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If the Judicial Nominating Commission were to include Mullins name among the three forwarded to the governor for consideration, she should recuse and let the chief justice of the Oklahoma Supreme Court make the selection, Smallwood said.
Johnson was Gov. Henry Bellmon’s personal attorney before Bellmon appointed him to the Court of Criminal Appeals.
Johnson believes that if Mullins is among the three names submitted to the governor, Fallin should recuse because of possible bias.
“As of now, the only action Mr. Mullins has taken is to apply for a job,” Weintz said. “It is up to the JNC to pick the three best candidates for that position and send them to the governor for consideration. That hasn’t happened yet, and when it does, Mr. Mullins may not be on that list.
“If he is, the governor will evaluate her options, including the possibility of recusing herself, to ensure the best and most qualified candidate is chosen.”
It would not be the first time a governor has appointed a general counsel from his office to the bench.
Former Gov. David Walters appointed Oklahoma Supreme Court Justice Joseph M. Watt. Meanwhile, former Gov. Brad Henry appointed his general counsel, Lisa T. Davis, as Oklahoma County district judge.
But Henry avoided making two appointments, leaving that to then Oklahoma Supreme Court Chief Justice James E. Edmondson, who still serves on the court.
Edmondson appointed Clancy Smith to the Oklahoma Court of Criminal Appeals. He also made a judicial appointment in Cleveland County.
“Gov. Henry determined that he had a potential conflict of interest with one of the judicial candidates for that post,” said Paul Sund, a Henry spokesman, regarding the Cleveland County post. “
And in order to avoid even the appearance of a conflict, he thought it would be best to let the Oklahoma Supreme Court’s chief justice make the appointment, which is allowed under the Oklahoma Constitution.”
