Subpoena unusual, but not unprecedented
OKLAHOMA POLITICAL DISCORD
The unusual subpoena of state schools Superintendent Ryan Walters this week by the Oklahoma House of Representatives raises many questions.
House Speaker Charles McCall joined Rep. Mark McBride, R-Moore, and Rep. Rhonda Baker, R-Yukon — leaders of House committees that oversee education — in signing the subpoena that was sent Tuesday. Walters has until 3 p.m. on Jan. 5 to comply with the subpoena. For months, McBride has consistently complained about Walters not being forthcoming with information about the Oklahoma State Department of Education, which Walters leads as superintendent.
Walters has not commented publicly on the subpoena, but his senior adviser, Matt Langston, said McBride “has made up false narratives and has yet to show a serious effort to improve education in Oklahoma. All Oklahomans should question his political and ideological stances.” Langston did not address the contents of the subpoena.
Here are a few things to know about the subpoena:
Who are Charles McCall, Mark McBride and Rhonda Baker?
McCall, R-Atoka, is about to begin his eighth year as speaker of the House, one of the most powerful roles in state government. His signature on the subpoena adds an additional layer of gravitas and authority to the document.
McBride is entering his 12th and final year in the House. He is the chair of the House’s Appropriation and Budget Education Subcommittee and a member of the House Education Committee, of which Baker is the chair. Baker, a former middle school teacher, has served in the House since 2016.
Does the Oklahoma House have the authority to issue subpoenas?
It does. Bob Burke, a longtime Oklahoma historian who’s an expert on the state Constitution, said two sections of that document allow either the House or a committee of the Legislature to subpoena an elected official, or anyone else, if the purpose of the subpoena is related to any subject over which the Legislature has authority. The Oklahoma Constitution commands the Legislature to appropriate funds to provide an education for the children of the state.
Another section of the Constitution, Burke said, gives sweeping authority to the Legislature, as the framers of the document wanted the Legislature to be more powerful than the governor or other executive officers.
What did the House subpoena request?
Essentially, the subpoena asks for information that McBride previously had requested from Walters and the Education Department. McBride has said his previous requests have mostly been ignored.
The House is asking for details about a claim by Walters during a television interview about 950 out-of-state teachers applying for Oklahoma jobs. The subpoena also asks for details about school districts that aren’t performing “at grade level” and what Walters and the agency are doing to support those districts. The House also wants information about a $2 million software purchase and how the department might be utilizing the software.
Also included is a demand for Walters to explain how he and Matt Langston, his senior advisor, have communicated with McBride. The subpoena also asks if Walters approved of Langston using letterhead from Walters’ office for those communications.
Has Ryan Walters said anything publicly about the subpoena?
He has not. The only statement issued from the Oklahoma State Department of Education on Tuesday was credited to Langston. A spokesman for the department didn’t respond Wednesday to messages seeking comment from Walters.
A previously scheduled state Board of Education meeting is set for Thursday, and it’s possible Walters might issue his first public thoughts on the subpoena during or after the meeting.
Who is Matt Langston, and why is he the one responding publicly?
Langston began working for Walters during Walters’ campaign to becoming state superintendent and has continued doing so after the election, overseeing the agency’s high-level departments.
Many people around Walters say Langston is the person most responsible for the combative, and sometimes offensive, messaging that comes from Walters. In a profile in The Oklahoman, people who previously worked with Langston said he was difficult to work with, embraced controversial messaging without much thought and was often aggressive toward members of the media.
Some legislators, including House Majority Floor Leader Jon Echols, ROklahoma City, during a recent television interview, have claimed Langston continues to live in Texas. Neither Walters nor Langston have confirmed or denied if that’s true.
How unusual is it for the House to issue such a subpoena?
It’s certainly unusual, but not unheard of. In 2017, a House committee subpoenaed members of then-Gov. Mary Fallin’s executive staff, as it investigated alleged financial mismanagement at the Oklahoma State Department of Health.
Historians contacted by The Oklahoman couldn’t immediately recall any instance of an elected state officer receiving such a subpoena from the House.
“Certainly not this way and certainly not this publicly,” said James Davenport, the associate dean for social sciences and professor of political science at Rose State College in Midwest City. “The fact that we can’t find another example of this does lend to the serious nature of what’s going on.”
What happens if Ryan Walters doesn’t respond to the subpoena?
“That will be a story for another day,” McBride told The Oklahoman. That said, a subpoena from the House is similar to one received from a court in that if the recipient does not obey the subpoena, that person is subject to being held in contempt. Burke said some believe if Walters defies the subpoena and then is found to be in contempt, that would constitute an impeachable offense.
The House would have to vote on articles of impeachment, and if they should pass, the state Senate would serve as the jury deciding whether or not Walters should be removed from office. (The latter explains why Senate leaders have remained publicly quiet about the subpoena.) An important item to note, Burke said, is that the Legislature — and not the courts — have absolute authority over the impeachment process. There is no appeal to any court.
“The Legislature is vested with oversight authority that requires state officials to comply with lawful requests,” according to a statement issued Wednesday from state Attorney General Gentner Drummond’s office.
The state Constitution says all elected officers of the state — which would include the state superintendent of public instruction, which is Walters’ formal title — are subject to the Legislature’s power to impeach.
“The Constitution, and the Legislature in 1915,” Burke said, “noted the grounds for impeachment as ‘willful neglect of duty, corruption in office, habitual drunkenness, incompetency, or any offense involving moral turpitude.’ The Oklahoma Supreme Court has defined ‘moral turpitude’ as ‘conduct that is contrary to justice, honesty, or morality.’”