I e-mailed the Oklahoma Association of Broadcasters (OAB) yesterday with questions about their appeal to view and release the Mixon video. I received two e-mails in return, including one from the firm that represents them. Here's where they are:
Only two weeks ago, June 25, 2015, the Oklahoma Supreme Court assigned OAB's appeal of Norman Judge Balkman's ruling against them to the Tulsa Division of the Court of Civil Appeals and it is case number 113,193.
Nothing to do now but wait for a decision. I know how slowly things move in court, but was still surprised the court has only had the case two weeks and has no-telling how many cases in front of it.
(That's all you need to know, the rest is evidence of a slow Friday afternoon.)
Thad Balkman is the one that ruled against the OAB last fall, telling them the open records law did not apply in this case. I don't know when that ruling was received. The case was filed November 4, 2014 in Cleveland County and can be seen here:
http://ftpcontent.worldnow.com/griffin/NEWS9/PDF/1104/OABLawsuit.pdf
This is the one CowboyJD referenced yesterday and was case number CJ-2014-1360.
In the pending appellate case, no opportunity to make oral arguments is expected and the court could render a ruling at any time this summer or fall.
Summary of the case as presented to Balkman in Norman and now passed on to the Court of Civil Appeals:
Basically, the argument was that the video does fall within the guidelines of the Oklahoma open records law.
If the court disagreed with that, the next argument was that the law allows exceptions in cases of great public interest -- which the Mixon case was and is.
Failing those two tests, the final argument was, and is, that the authorities of the City of Norman waived whatever rights they may have had to withhold the video when they showed it to 40-some-odd hand-selected media members. These third-party viewers had no more legal grounds to view the video than any other Oklahoma citizen on the street.
Judge Thad Balkman was a state rep for Norman from 2000-2006. Then he was a lobbyist for the Oklahoma Lawyers Assn before being appointed by Fallin in 2013 to complete the term of a District Judgeship which covers Cleveland, McClain and Garvin Counties. That term expired in 2014 and he was then elected to the position.
Balkman calls himself a "reverse Okie," having moved here from California to attend ou law school. His polisci BA is from BYU.
Only two weeks ago, June 25, 2015, the Oklahoma Supreme Court assigned OAB's appeal of Norman Judge Balkman's ruling against them to the Tulsa Division of the Court of Civil Appeals and it is case number 113,193.
Nothing to do now but wait for a decision. I know how slowly things move in court, but was still surprised the court has only had the case two weeks and has no-telling how many cases in front of it.
(That's all you need to know, the rest is evidence of a slow Friday afternoon.)
Thad Balkman is the one that ruled against the OAB last fall, telling them the open records law did not apply in this case. I don't know when that ruling was received. The case was filed November 4, 2014 in Cleveland County and can be seen here:
http://ftpcontent.worldnow.com/griffin/NEWS9/PDF/1104/OABLawsuit.pdf
This is the one CowboyJD referenced yesterday and was case number CJ-2014-1360.
In the pending appellate case, no opportunity to make oral arguments is expected and the court could render a ruling at any time this summer or fall.
Summary of the case as presented to Balkman in Norman and now passed on to the Court of Civil Appeals:
Basically, the argument was that the video does fall within the guidelines of the Oklahoma open records law.
If the court disagreed with that, the next argument was that the law allows exceptions in cases of great public interest -- which the Mixon case was and is.
Failing those two tests, the final argument was, and is, that the authorities of the City of Norman waived whatever rights they may have had to withhold the video when they showed it to 40-some-odd hand-selected media members. These third-party viewers had no more legal grounds to view the video than any other Oklahoma citizen on the street.
Judge Thad Balkman was a state rep for Norman from 2000-2006. Then he was a lobbyist for the Oklahoma Lawyers Assn before being appointed by Fallin in 2013 to complete the term of a District Judgeship which covers Cleveland, McClain and Garvin Counties. That term expired in 2014 and he was then elected to the position.
Balkman calls himself a "reverse Okie," having moved here from California to attend ou law school. His polisci BA is from BYU.
