I admit it. I am thoroughly disgusted by the current Oklahoma legislature. For the first time in state history (that’d be just over 100 years for you non-Okies) we have republican majority in both houses. I helped put them there. I wish I could hold my head up while I said that instead of mumbling it under my breath.
I’ve declined to talk about this for a long time because it raises hackles so quickly, but let’s start easy and work into it, shall we?
First of all, why do we need an official rock’n'roll song? The whole concept is asinine. We already have a state drink (milk) a state flower (mistletoe… not a flower!) a state wildflower (Indian paintbrush) a state song (from a Rogers and Hammerstein musical, thank you very much) and a host of other goofy “official” things that make no difference to anyone at all. But now, we have to try to capitalize as much as we possibly can on the fact that the Flaming Lips (who???) are from OKC. Great. So what. But unfortunately one of the band members wore a t-shirt with the hammer and sickle to an event somewhere and now the legislature is mad.
Everyone stop. Who cares? I agree, they have no business representing us if they have no better sense than to think communism t-shirts are going to go over well here. (We were the only state in the union where NOT ONE COUNTY went for Obama in the 2008 election.) But our legislature has no business messing with stupid things like “official songs.” What’s next, an official secret clubhouse handshake? But no, Joe Bob from Slapout will get his feelings hurt because no one considered the fist bump instead and we’ll have more idiocy taking up the air waves. It’s beyond juvenile. Let’s do our jobs, shall we?
Speaking of jobs, one would HOPE that the people charged with the responsibility of making laws would actually educate themselves on the issues before opening their mouths and gesticulating with moral certitude before the lights and cameras. But no. It is too much to ask.
We all knew that tort reform would be back on the table with a conservative congress. Fine. I’m not debating the merits or problems with this legislation. I have yet to meet anyone on either side of this argument who was convinced by the sincerity of the other side. So let’s step around this one for a moment and look at another but related issue.
In addition to tort reform the legislature has engaged in an all-out assault on the legal profession in Oklahoma. Yes, I know, I hear you chuckling and saying that we deserve it and we had it coming and we need a dose of our own medicine.
What is essentially proposed is the abolition of the mandatory membership in the state bar association for every licensed attorney in the state. But wait, before you toot the “deregulation!” horn with such glee, be advised that the legislature humbly proposes that they will govern the practice of law in the state, even going so far as to deny the courts the right to write their own local rules. The legislature will take care of us.
The problems with this are legion. First of all, since when do conservatives favor more power in the hands of our government? That the legislature is proposing to vote themselves more power is not surprising; that so many self-proclaimed conservatives are on board with it is disappointing. This is the very regulatory system that has crippled and nearly destroyed the practice of medicine. So, rather than working to create a solution for doctors, the legislature is going to subject the legal profession to the same debilitating and draconian oversight paradigm. Good job, guys. Very creative. Way to solve the problem.
Except it won’t. Even if you open season lawyers and hunt us with dogs (as so many of you seem to want to do) you will still have a soul-crushing bureaucracy in place in the form of your supposedly conservative congress. Can we at least agree that in principle this legislature is proving anything but conservative?
Second, why on earth should our legislature write our local court rules? This will not save anyone any money and it will not result in greater equity in the results of cases. (Because let’s not kid ourselves that our lawmakers care about the rule of law… they think “justice” is the “good” result, rule of law be hanged.) Non-attorneys have no business writing the court rules. Forgive me for saying this; I don’t mean to be offensive, just honest. As attorneys, we study the law for three years. It is notoriously demanding. If you want to write the rules, GO TO LAW SCHOOL and learn something about what you are doing. I am so tired of the insistence that the law should be so simple that the village idiot could defend your case. It’s not. A law degree is a doctoral level degree for a reason.
The court rules govern things like filing deadlines, decorum, page limitations, and other such administrative items. For example, when a convicted criminal files an application for post-conviction relief in a non-capital case, he is limited to 20 pages. Why? Because this necessary window of opportunity for relief is so highly abused. (I personally asked the courts to sanction numerous convicts who were wasting your time and taxes by filing 7 or 8 of these things.) But it is necessary. Our post-conviction statutes are the codification of the ancient writs, long respected and recognized for centuries as essential to the pursuit of justice. The seemingly innocuous rule, then, is actually a carefully constructed balance of vital interests if our society wants to remain free and safe. Does the legislature know any of this history or why or how these things work? I’m only scratching the surface of one tiny corner of this.
Besides, does anyone even recall the concept of separation of powers? Talk about shredding the founding document. It turns out that maybe the liberals don’t have the corner on that market after all.
Finally, let’s talk about the folks behind this. I had the *ahem* privilege of hearing our president pro tempore at a medico-legal conference last year. He talked about what the legislature was going to do for the medical profession this term. Unfortunately, one of the other speakers actually called him out (gently and professionally, of course) because Mr. Senator was unaware of the legal training that doctors were required to undergo. He made an assumption, built a policy on it, and never knew that his first principle was mistaken.
Okay, no biggee, right? Wrong. Because this guy also does not know what is going on in the legal profession. He has used a false argument as a pretext for attempting to dismantle the legal profession. (The false argument is that the OBA uses dues money to promote abortion. It does not. The ABA - different and totally voluntary - had issued numerous committee reports in favor of Roe v. Wade. I am not and never will be a member of the ABA. Seriously… if you don’t know the difference between these totally unrelated and different associations please stop making laws about it.)
Oh and he just kind of did not pay a bunch of taxes.
My point here is that he is woefully ignorant of both the medical and legal professions. Imprecision seems definitive of his policy and his finances (how can you just forget that you owe $20,000+ to the taxman?). But we have crowned him lord protector of conservative ideals.
If he were a liberal he’d have been burned in effigy already.
So… to all of our illustrious “conservative” legislators. I am seriously considering changing to an independent. I had so hoped for real progress this term. How about meaningful school choice? How about tax relief? How about axing the grotesque bloated organism that our state government has become? How about a sovereignty resolution and a call for a convention to amend our federal constitution?
But no. Instead we are subjected to populism and increasing bureaucracy. You can call it whatever you want, but this is not Orwell’s 1984. We still know horse hockey when we smell it.