Appointed Workers’ Comp judge’s
bid for election raises questions
Following months of wrangling, Oklahoma recently passed a workers comp reform package, which we discussed here. Now the Sooner State has a legal dust-up involving the presiding judge of the state’s Workers’ Compensation Court.
Judge Kent Eldridge has apparently decided he’d rather be an elected Oklahoma County District judge than a state-level appointed judge–even though the positions pay the same, according to a June 5 article in The Oklahoman.
Of course, there’s nothing wrong with a job change or furthering one’s career.
The problem is, the law might restrict Eldridge from running for the elected post while sitting as the workers comp judge.
Should he resign before running?
“Some attorneys say Judge Kent Eldridge appears to be violating the law by not resigning before running for office.
Eldridge and his legal adviser say he’s not required to resign.”
But whether he must resign the workers comp position is only part of the story–campaign contributions are also raising questions.
Fundraising and an ‘unseemly atmosphere’
According to a July 5 piece at Newson6.com, “Eldridge says no one has complained to him and he is not aware of it if anyone has complained to the workers’ comp court’s administration. He says he has never suggested that he might be influenced by a contribution to his campaign.”
The Oklahoman reports says, “Critics also say Eldridge’s campaign has created an unseemly atmosphere at the workers’ compensation court. They claim attorneys who represent both employers and injured workers are being pressured by other lawyers to give to his campaign to prevent opposing attorneys from gaining the upper hand in cases.”
In that account, the judge is described having assigned responsibility for all campaign activities to campaign chairman Bill Liebel and, further, has directed campaign officials to not reveal to him the names of any contributors “because he can’t be influenced by contributors when he doesn’t know their identities.”
Invitation present at court
Apparently, at least one fundraiser invitation was present at workers comp court, and it ” listed nearly two dozen workers’ compensation and district court attorneys as sponsors for the June 8 fundraiser. Sixteen of those individuals were listed on an invitation as sponsors of another reception for Eldridge scheduled for 3 p.m. to 5 p.m. May 13 at the Faculty House.”
The article also says, “Eldridge acknowledged he attended a fundraiser for him in the home of workers’ compensation attorney [Sid Musser] and made a point of trying to visit with everyone there. A number of workers’ compensation attorneys and other lawyers reportedly were in attendance.”
Three attorney reached by the paper say they believe the judge ran afoul of Oklahoma statute Title 20, Chapter 19, Section 1404, which reads “20‑1404. Additional grounds for removal of judicial officer:
Eldridge’s position is that he sought qualified legal opinion before declaring for election. Maybe the part about “the incumbent” gets him off the hook, as the incumbent has declined to seek re-election.
Attorney contributions commonplace
One thing seems apparent: The campaign contributions issue is not likely to result in charges. For one thing, Eldridge’s opponents who are assistant DA’s are probably getting attorney contributions, too.
“Terry West, general counsel for the Council on Judicial Complaints, said contributions from attorneys to judges have been an issue for a long time since district judges are allowed to accept campaign contributions from attorneys who practice before them.
” ‘It’s very uncomfortable for judges and very uncomfortable for lawyers,’ West said. ‘No one else is particularly interested in a judge’s race so they pretty much have to solicit from lawyers.’ ”
Gad–what a system.
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Have you, a friend or a loved one been injured on the job? Whether you’re merely seeking answers about your rights or believe a lawsuit may be necessary, be sure to seek counsel with attorneys trained and experienced in workers’ compensation. Here’s some resources:
