STATE ex rel. PRUITT v. STEIDLEY
2015 OK CR 6
| Okla. Crim. App. | 2015Background
- The Oklahoma Attorney General (AG) entered appearances in two Rogers County criminal cases (CF-2013-535; CF-2014-5), asserting authority under 74 O.S. § 18b(A)(3) to initiate or appear in actions involving state interests and, when appearing, to take and assume control of prosecution if advisable.
- District Judge J. Dwayne Steidley sustained objections and issued orders prohibiting the AG from taking control, reasoning the AG’s statutory takeover power is limited to appearances "at the request of the Governor, the Legislature, or either branch thereof."
- The AG filed emergency applications for extraordinary relief (writ of prohibition) in the Oklahoma Court of Criminal Appeals (OCCA) and obtained stays of the district court proceedings pending resolution.
- Rogers County District Attorney and the defendants opposed the AG’s unilateral takeover, arguing the DA’s authority is concurrent and not superseded absent specific request by Governor/Legislature; the DA sought recognition of the DA’s primary role.
- The OCCA reviewed statutory text (post-1995 amendment to § 18b(A)(3)), statutory construction principles, and related authorities to determine whether the AG may, on the AG’s own initiative, appear and assume control of prosecutions under § 18b(A)(3).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Attorney General may, on the AG's own initiative under 74 O.S. § 18b(A)(3), appear in a criminal prosecution and take and assume control of the prosecution (superseding the District Attorney). | AG: § 18b(A)(3) authorizes the AG to "initiate or appear" in actions affecting state interests and, when so appearing, to take and assume control if the AG deems it advisable and in the state's best interest. | Judge, DA, and defendants: The statute must be read to limit AG takeover to appearances "at the request of the Governor, the Legislature, or either branch thereof"; AG cannot unilaterally displace a District Attorney. | Court: The plain language (as amended in 1995) authorizes the AG to initiate or appear and, when appearing, to assume control; the AG's role prevails and any DA role is subservient when AG acts under § 18b(A)(3). Writ granted; remanded. |
Key Cases Cited
- State v. Stice, 288 P.3d 247 (Okla. Crim. App. 2012) (reciting statutory construction principles)
- Lozoya v. State, 932 P.2d 22 (Okla. Crim. App. 1996) (statutory interpretation and giving effect to each part of statute)
- Wallace v. State, 910 P.2d 1084 (Okla. Crim. App. 1996) (plain and ordinary meaning governs statutory construction)
- Virgin v. State, 792 P.2d 1186 (Okla. Crim. App. 1990) (statutory construction principles)
- State v. Doak, 154 P.3d 84 (Okla. Crim. App. 2007) (avoid construing statutes to render parts superfluous)