Regent resigns after criticism
Official is helping represent the drugmakers appeal the opioid ruling
An Oklahoma State Regent for Higher Education has resigned after state elected officials expressed concerns about his involvement in opioid manufacturer Johnson & Johnson's appeal challenging an Oklahoma judge's ruling that the company helped fuel Oklahoma's opioid crisis.
Saying he does not want
his professional involvement in the opioid case to become a distraction for the state regents, Andy Lester announced his resignation Tuesday.
“Out of respect for the Oklahoma system of higher education and my fellow members of the Oklahoma Lester State
Regents for Higher Education, I have decided to step down from my position as a Regent,” he said in a statement. “I have been and will remain loyal to our system of higher education.
“While I carefully considered the matter and took the added step to seek the opinion of the legal counsel for the State Regents, I understand others have a different interpretation and view.”
Lester, a partner in the Oklahoma City law office of Spencer Fane LLP, is one of the attorneys representing opioid manufacturer Johnson &Johnson in its appeal filed with the Oklahoma Supreme Court last month.
The company was ordered to pay the state $572 million to help abate the state's opioid crisis.
State Rep. Collin Walke, D-Oklahoma City, raised concerns last week about Lester working for Johnson & Johnson.
Walke characterized the relationship as a conflict of interest for Lester, who as a regent, should be looking out for the state's public colleges and universities, which stand to play a role in abating the state's opioid crisis.
In defending his actions last week, Lester said he had asked the state regents' general counsel whether the situation was a conflict of interest before taking on the Johnson & Johnson appeal.
The regents' attorney advised Lester it was not a conflict of interest for him to represent the company.
Attorney General Mike Hunter disagreed in a letter he sent to state regents Chancellor Glen Johnson on Tuesday.
Lester took an oath to discharge the duties of his state office, which means in matters that affect the state's higher education system, his sole allegiance is to the regents, Hunter wrote.
“I learned that your office advised Regent Lester that his representation of J&J against the State of Oklahoma di d not present a conflict of interest with respect to his role as a Regent,” Hunter wrote .“This advice was reportedly given in spite of the fact that J&J is seeking to over turn a judge men tin favor of the State that envisions a critical role — and delivers commensurate funding — for medical schools within the State's institutions of higher education.”
Hunter also urged Johnson to refer any future legal questions that could have significant, statewide ramifications to the attorney general' s office.
Lester said despite their differences of opinion, he respects Hunter and his interpretation of state law.
State regents Chairman Jody Parker praised Lester for his more than three years on t he board and said he respects Lester's decision to step down.
“He has made significant contributions as a champion of our higher education system,” he said in a statement. “He has been an enthusiastic supporter and a strong driver behind our task force for the modernization of our higher education system in Oklahoma. He tenacious ly promoted greater effectiveness and efficiency in Oklahoma higher education. Additionally, he was a stalwart defender of free speech on our college campuses.”
Lester was appointed to the board by former Gov. Mary Fallin so Gov. Kevin Stitt will get to choose his successor.