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<v Speaker 1>Good morning, good morning, good morning, and welcome, welcome, welcome.

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<v Speaker 1>It is time now for our community connection right here

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<v Speaker 1>on Gay one, the one you trust. Senator Daniels is

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<v Speaker 1>in with this. Hey, Julie, how you doing.

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<v Speaker 2>Morning, Tom? How are you on this beautiful Monday.

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<v Speaker 1>Well, I tell you what, it's a great day in

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<v Speaker 1>the neighborhood. As they say, we've got counting down the

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<v Speaker 1>days to election day. And I know that's part of

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<v Speaker 1>what we're talking about today is something that most folks

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<v Speaker 1>when they grab that ballot, these what's this about the judges? Right?

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<v Speaker 2>Yeah, well, and I'm here as a citizen with my

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<v Speaker 2>own personal views on this subject, all right, But I did,

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<v Speaker 2>you know, study them for the past eight years, four

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<v Speaker 2>years as Judiciary Chairman and the Senate, paying a lot

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<v Speaker 2>of attention to our Supreme Court, whereas before being elected,

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<v Speaker 2>I was much more focused like many people are on

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<v Speaker 2>the United States Supreme Court. And I want to say,

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<v Speaker 2>in terms of the election, you're voting on whether or

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<v Speaker 2>not to retain these justices, and there's a whole slew

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<v Speaker 2>of names on there, and I want to remind people

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<v Speaker 2>to turn your ballot over. I'm hearing that some people

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<v Speaker 2>are voting on the front page and not realizing there

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<v Speaker 2>are other things on the back page in some places,

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<v Speaker 2>So make sure you thoroughly peruse the ballot before you

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<v Speaker 2>stick it in the machine. I'm here to talk about

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<v Speaker 2>my opinion that we should vote to not retain the

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<v Speaker 2>three Supreme Court justices. That would mean a no vote.

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<v Speaker 2>That is time for them to retire. And I have

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<v Speaker 2>very specific reasons for that, and it has to do

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<v Speaker 2>with them methodically and working to undermine many of the

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<v Speaker 2>reforms that have been passed in our state in the

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<v Speaker 2>past fifteen or so years. And I think this is

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<v Speaker 2>very telling about the attitude of people in the judiciary

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<v Speaker 2>and those who put them there by telling the governor,

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<v Speaker 2>these are the three names you may choose from, because

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<v Speaker 2>we have a system that I think is not very

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<v Speaker 2>reflective of the voting public. But these justices go, and

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<v Speaker 2>none of them have ever been unretained. We've never voted

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<v Speaker 2>no on any of them, and yet by and large,

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<v Speaker 2>they do not reflect the political reality of our state

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<v Speaker 2>since we changed over from being a one party state,

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<v Speaker 2>which we were for one hundred plus years. I just

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<v Speaker 2>want to read a quote that was in the Tulsa

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<v Speaker 2>World not long ago defending these justices. This is former

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<v Speaker 2>Justice Joseph Watt, who wants them return to the court,

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<v Speaker 2>saying they have years of appellate experience. True, they are

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<v Speaker 2>entitled to be retained.

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<v Speaker 1>Entitled, Yes, it was entitled.

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<v Speaker 2>Any if I said that to a voter, I'm entitled

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<v Speaker 2>to be or re elected to the Senate, you can

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<v Speaker 2>imagine what the reaction will be. They are not entitled

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<v Speaker 2>to be retained. And I'd like to argue that there

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<v Speaker 2>are reasons that they should be retired from the bench.

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<v Speaker 2>Talked a little bit about that with election law last time.

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<v Speaker 2>I'll just reiterate that that in the midst of COVID

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<v Speaker 2>in the spring of twenty twenty, these justices along with others,

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<v Speaker 2>made up a majority to undo our election laws at

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<v Speaker 2>the last minute. They didn't want any notorization of ballots,

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<v Speaker 2>and they didn't like that we were going to let

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<v Speaker 2>people photocopy their ID, put it in their absentee ballot

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<v Speaker 2>envelope and signed the affidavit this is me. This is

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<v Speaker 2>my ID that I'm putting in this ballot. That way

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<v Speaker 2>they wouldn't have to go get it notarized. They said, nope,

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<v Speaker 2>that's not good enough, and the notorization. We don't want

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<v Speaker 2>that either, so none of that can be done. We

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<v Speaker 2>fixed it, The legislature fixed it right before we adjourned

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<v Speaker 2>the end of May. That was a legal women voters case.

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<v Speaker 2>Then the Democrat Party suit us in federal court trying

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<v Speaker 2>to do the same thing as we approached the general election,

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<v Speaker 2>and a federal district judge appointed by Barack Obama throughout

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<v Speaker 2>all their arguments. A federal district judge appointed by Obama said,

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<v Speaker 2>unlike our own Supreme Court, election law is the purview

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<v Speaker 2>of the legislature. I'm not a le legislature of one.

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<v Speaker 2>If you want to try to change election law, you

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<v Speaker 2>go to your legislature. So that was one example of

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<v Speaker 2>where I believe there was real judicial overreach. People have

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<v Speaker 2>asked me, well, how do you judge whether or not

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<v Speaker 2>you should retain a justice, and the methodology that has

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<v Speaker 2>been used on this new website oklajudges dot com okla

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<v Speaker 2>judges dot Com says that a judge needs to say

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<v Speaker 2>what the law is, not what they want it to be.

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<v Speaker 2>The election law very clearly said here's what we're going

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<v Speaker 2>to do to accommodate people during COVID. They didn't like it,

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<v Speaker 2>so they threw it out and made the law what

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<v Speaker 2>they wanted to be. But they are not an elected

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<v Speaker 2>branch of government. Yes, it's a third equal branch, but

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<v Speaker 2>the founders were very clever. They didn't want to elect

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<v Speaker 2>the judiciary, so they had them appointed by those who

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<v Speaker 2>are elected. And that's really the methodology that I believe

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<v Speaker 2>would be the best for our state. But anyway, you're

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<v Speaker 2>not supposed to put your own individual preferences into your decisions.

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<v Speaker 2>You're supposed to look at what the legislature did and

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<v Speaker 2>decide what the legislature said, and not take their words

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<v Speaker 2>and twist them into what you want. So that is

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<v Speaker 2>where we are with some of these justices. And I

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<v Speaker 2>just wanted to talk about an issue today, and that

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<v Speaker 2>is workers compensation reform and lawsuit reform. These have been

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<v Speaker 2>very active issues for the Republican legislature since they first

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<v Speaker 2>took the majority back in about two thousand and four.

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<v Speaker 2>So how do you compete with other states? We all

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<v Speaker 2>talk and sometimes argue about big incentives for companies to

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<v Speaker 2>come into our state, but you've got to get the

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<v Speaker 2>back office functions right or you start out at a

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<v Speaker 2>negative with people looking at your state, and one of

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<v Speaker 2>these is through lawsuit reform and workers' comp reform. How

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<v Speaker 2>friendly are you to business is in terms of making

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<v Speaker 2>sure your regulations are reliable, don't change too much, and

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<v Speaker 2>they can count on certain costs associated with doing business.

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<v Speaker 2>If you don't have lawsuit reform, if it's up and

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<v Speaker 2>down depending on the venue and the judge and the attorneys,

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<v Speaker 2>then insurance goes up, particularly medical malpractice insurance. And you

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<v Speaker 2>have people looking at the states saying, Ah, that's too

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<v Speaker 2>risky to go to Oklahoma. I'm going to go to

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<v Speaker 2>Florida where they have comprehensive lawsuit reform, or better yet,

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<v Speaker 2>let's go to Texas where they accomplished this in two

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<v Speaker 2>thousand and three. In two thousand and three, they passed

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<v Speaker 2>comprehensive lawsuit reform that included capping non economic damages. Those

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<v Speaker 2>are the pain and suffering damages, not the medical rehabilitation,

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<v Speaker 2>loss of income damages, but the ones where a jury

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<v Speaker 2>or a judge that says, we're mad that this happened,

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<v Speaker 2>we're mad that this happened in the workplace, and we're

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<v Speaker 2>going to punish the employer. So they capped non economic damages.

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<v Speaker 2>They outlawed forum shopping, going and finding the judge who

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<v Speaker 2>would be most likely to decide for your client, and

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<v Speaker 2>they limited damages in medical malpractice cases. In response to

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<v Speaker 2>Texas doing that, a sitting senator, Senator Stratton Taylor from Claremore,

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<v Speaker 2>who had been pro tim of the stenate, wrote to

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<v Speaker 2>his American Trial Lawyer Association associates in Texas and said,

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<v Speaker 2>with the recent events that have occurred in Texas, you

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<v Speaker 2>may be looking to file cases in Oklahoma. I want

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<v Speaker 2>to take the opportunity to introduce you to our law firm,

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<v Speaker 2>and the end of the letter says we would be

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<v Speaker 2>pleased to assist you in any cases you may want

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<v Speaker 2>to file in Oklahoma. The response from the legislature was

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<v Speaker 2>overwhelmingly negative, and then the Wall Street Journal weighed in

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<v Speaker 2>and they said that the letter is an invitation for

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<v Speaker 2>the entire national tort bar to forum shop in Oklahoma,

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<v Speaker 2>a state that just can't say no to jackpot justice.

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<v Speaker 2>Keating tried for two terms to get a demo crat

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<v Speaker 2>legislature to at least start reigning in the abuses in

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<v Speaker 2>this area and was only successful with a few things

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<v Speaker 2>on punitive damages. But as the Wall Street Journal said

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<v Speaker 2>in two thousand and three, you're going to continue to

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<v Speaker 2>see higher insurance costs, fewer doctors, and all the other

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<v Speaker 2>troubles that come with an out of control to court system.

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<v Speaker 2>So we finally passed it in two thousand and four,

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<v Speaker 2>and five years later our Supreme Court threw it out

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<v Speaker 2>the whole thing. Then we worked on non economic damages

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<v Speaker 2>and we passed a cap on those in twenty eleven,

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<v Speaker 2>a cap of three hundred and fifty thousand dollars. Eight

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<v Speaker 2>years later, Supreme Court threw it out. We worked to

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<v Speaker 2>change our workers' comp system. Instead of a broken arm

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<v Speaker 2>at this workplace and a broken arm at that workplace

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<v Speaker 2>being treated differently because you have different lawyers in different

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<v Speaker 2>courts advocating for as much money as they can get,

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<v Speaker 2>go to a commission system where you standardize how you're

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<v Speaker 2>going to treat different injuries, and you have a commission

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<v Speaker 2>to hear the complaints about those decisions. You can't appeal

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<v Speaker 2>then to the court. We worked very hard to get

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<v Speaker 2>this done, and it was a comprehensive rewrite of workers

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<v Speaker 2>been done in many states. And the first thing our

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<v Speaker 2>Supreme Court did, including these three justices, was to say

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<v Speaker 2>you put an entire change of the law into one bill. Yes,

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<v Speaker 2>it's all one law, comprehensive, comprehensive, but we believe that's

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<v Speaker 2>lag rolling, and so we're going to throw it out.

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<v Speaker 2>We had to go into special session. Taxpayers paid for

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<v Speaker 2>the legislature to go into special session in twenty fourteen

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<v Speaker 2>and pass thirty six separate bills to accomplish the reform.

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<v Speaker 2>But again, these judges, including these three justices, said, oh,

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<v Speaker 2>but anybody in the old system, the re litigious system,

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<v Speaker 2>they can't enter the new system, which perpetuated two different

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<v Speaker 2>ways of doing workers' comp right up until today, keeping

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<v Speaker 2>the court going for a while and then the commission

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<v Speaker 2>system over here. And we have injured workers languishing years

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<v Speaker 2>later in this other system when they could easily have

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<v Speaker 2>been transferred, injuries treated, damages, be returned to work. And

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<v Speaker 2>so it's really undermined our ability to get people healthy

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<v Speaker 2>and back to work. So here's the deal. It's up

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<v Speaker 2>to us. If we don't vote, we are voting to

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<v Speaker 2>keep these same kinds of decisions coming down from the

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<v Speaker 2>bench with these three justices in those majority opinions. Just

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<v Speaker 2>one other quick example, most recent, we have a multiple

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<v Speaker 2>injury trust fund that says, if you have worked for

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<v Speaker 2>multiple employers and you've had several injuries, we don't know

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<v Speaker 2>exactly how to assign responsibility, so you may go to

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<v Speaker 2>this fund where everyone contributes and taxpayers contribute to making

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<v Speaker 2>sure we have money to address the needs of people

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<v Speaker 2>who have had multiple injuries with multiple employers. Trial lawyer

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<v Speaker 2>challenged this year and said, you say it has to

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<v Speaker 2>be a subsequent employer before they can tap into this

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<v Speaker 2>trust fund, But we think you really mean subsequent injury.

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<v Speaker 2>That you can be with the same employer, work for

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<v Speaker 2>the same employer your entire career, and they're paying for

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<v Speaker 2>workplace injuries, but then you have a subsequent injury after

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<v Speaker 2>that employer. But you know what, we think the existing

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<v Speaker 2>employer can be the subsequent employer. Subsequent to me means after,

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<v Speaker 2>And the Supreme Court managed to say that subsequent employer

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<v Speaker 2>actually does mean subsequent injury. So you can work for

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<v Speaker 2>the same employer twenty thirty years and you can still

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<v Speaker 2>go to this multiple injury trust fund. Completely undoes what

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<v Speaker 2>the reform said. And they said very cleverly, somewhere in

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<v Speaker 2>the statutes, you use subsequent injury. So when you use

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<v Speaker 2>subsequent injury. You must always mean subsequent injury, and the

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<v Speaker 2>fact that you put employer after the word doesn't make

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<v Speaker 2>any sense. You actually meant to say subsequent injury. So

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<v Speaker 2>it doesn't matter if you work for the same employer

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<v Speaker 2>your entire career. You could also tap into that trust fund,

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<v Speaker 2>which was only intended for employees who worked for multiple employers.

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<v Speaker 2>I know it's very in the weeds, but this affects

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<v Speaker 2>your insurance rates, This effects the cost of during doing business.

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<v Speaker 2>It all comes down to the consumer in the end.

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<v Speaker 2>And these are reforms we put in place to make

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<v Speaker 2>Oklahoma more attractive. And so as we erode these reforms,

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<v Speaker 2>we go back to where we were finishing up in

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<v Speaker 2>twenty nineteen when they threw out our cap on non

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<v Speaker 2>economic damages. We went from being in the top ten

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<v Speaker 2>with the American Tort Reform Association. We had been working

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<v Speaker 2>our way up to the judicial health with one decision,

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<v Speaker 2>and we are still there because we continue to retain

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<v Speaker 2>justices that are absolutely opposed to the reforms the elected

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<v Speaker 2>representatives and senators and governors are putting in place in

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<v Speaker 2>our states. So I would urge everybody to carefully consider

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<v Speaker 2>voting no on retention of these three justices. And remember

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<v Speaker 2>to look at your whole ballot because you've got various

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<v Speaker 2>things to vote on, so you need to look at

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<v Speaker 2>both sides.

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<v Speaker 1>Okay, look at everything. Senator, thank you very much for

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<v Speaker 1>being with us, very informative,