Tulsa World
August 20, 1983
Draper, Fitzgibbon Suspended From Office, Governor Says
By Nancy Mathis
World Capitol Bureau
OKLAHOMA CITY – House Speaker Dan Draper and Majority Floor Leader Joe Fitzgibbon were automatically suspended from office when a U.S. District Court jury at Muskogee found them guilty Thursday of mail fraud, Gov. George Nigh said Friday.
The unprecedented suspensions leave in doubt who is in control of the 101-member House of Representatives, which is in recess.
The move also adds fuel to an already fiery race for speaker and could create a constitutional clash if Nigh tries to appoint temporary replacements for the two House districts involved.
“We’re talking about a suspension from office. It means no pay and no duties. There is no resignation,” Nigh announced at an afternoon press conference. “The suspension is automatic. There is no lapse of time. It takes no action by the governor.”
Nigh said the suspensions are based on a 1981 law passed at the height of the county commissioners’ scandal. The law calls for the automatic suspension of any state official convicted of a felony and mandates that the governor appoint a temporary replacement.
However, a constitutional provision had declared lawmakers separate from other state officials and one legislator said he was not sure that the 1981 law was intended to be applied to the Legislature.
Suspensions are to last until either all appeals are exhausted or the official’s term ends, according to the 1981 statute.
Draper and Fitzgibbon also asked for voluntary suspensions, said Nigh, who added that he told Draper two weeks ago that the two men would be suspended if they were convicted.
Nigh said he talked with Attorney General Mike Turpen early Friday, but did not ask for an opinion. Nigh said there is “no gray area” in the law.
What has become muddled is who is control of the House.
There is a dispute over the speaker pro tempore’s position and whether Rep. Mike Murphy, D-Idabel, is the acting speaker.
“We are looking at the House rules and at state law. I’m not sure I know the answer to that,” said Nigh.
Rep. Robert Henry, D-Shawnee and the Democratic Caucus chairman, said House rules call for the speaker pro tem to act in the absence of the speaker.
“We are not a ship without a rudder. We do have a helmsman,” he said.
Henry said he does not believe that there is an urgent need to call a Democratic caucus, but Rep. Jim Barker, D-Muskogee, one of the two leading candidates to place Draper as speaker, said he wants a caucus within 30 days.
Barker and Rep. David Riggs, D-Sand Springs, claim to have the lead in the race for speaker. Barker said he would like a special session of the Legislature to resolve the speaker issue.
The nomination of a speaker by the Democratic majority determines the House leadership. But by law, Republicans and Democrats must vote on the speaker before he can assume power.
Nigh said he would call a special session if needed, but he does not believe that it is necessary at this time.
Nigh noted that the House and the Senate can call themselves into a special session. Henry also said there is no urgent need for a special session.
If a special session were called, Nigh apparently would fill the Stillwater and Miami House seats held by Draper and Fitzgibbon.
“I will not let any legislative area go unrepresented,” said Nigh.
However, he said he would not make an appointment “at this time.”
The appointment of a legislator by the governor could create a constitutional clash between the two branches of government.
Henry said the question of the suspension became moot when Draper and Fitzgibbon asked to be suspended.
Although the 1981 law mandates that the governor make an appointment, a 1909 state Supreme Court opinion upheld the constitutional provision making lawmakers different from other state officials and the Legislature responsible for disciplining its members.
Nigh said he was “not try to set a new course in judicial law.”
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