The Tulsa Tribune
August 20, 1983
Draper case raises complex legal questions
OKLAHOMA CITY – The two top leaders of the Oklahoma House were under suspension today and no one seemed to know when, how or if they will be replaced.
After spending most of Friday behind closed doors with his staff. Gov. George Nigh announced that House Speaker Dan Draper and his Sidekick Joe Fitzgibbon had suspended themselves from the Legislature following their convictions.
It was what most political observers thought would happen, despite the legal questions that sprung from the unprecedented situation.
Draper, D-Stillwater, and Fitzgibbon, D-Miami, were convicted Thursday night in Muskogee of federal conspiracy and vote fraud charges.
They were accused of tampering with absentee ballots to help Draper’s father win a 1982 runoff election for state House District 86, Dan Draper II lost the runoff.
After the convictions, legal questions arose over what Nigh could do to remove the two and replace them.
Nigh’s only official act in the suspension was to announce it, something Rep. Robert Henry, chairman of the House Democratic Caucus, said had to be done.
Nigh said Draper agreed to suspend himself pending the outcome of his appeal.
Nigh said Draper told him Fitzgibbon, House Majority floor leader, also agreed to suspend himself.
In a telephone interview with The Associated Press, Draper, 43, had said he did not plan to resign but agreed with Nigh that suspension was required under the law “until this matter is resolved.”
“I plan to take no other action than voluntary suspension,” he said.
Fitzgibbon, 43, called the verdict “a travesty of justice. In my opinion the matter should never have gotten as far as it did. I was just totally shocked when the verdict came in, as I believe was everyone else in the courtroom.”
Fitzgibbon also blamed the press for his conviction.
“It looked to me like we were tried before we ever went to court. The grand jury investigation prior to the proceedings was so widely publicized by the metropolitan press that I feel it really did convict us before the trial even began.”
The governor, who had testified as a character witness for Draper and Fitzgibbon only days before, said that under a 1982 law the legislators’ suspension is automatic.
The law was passed so the state could oust county commissioners who were convicted in taking kickbacks from suppliers but were refusing to leave office pending an appeal.
The statute, which many believe may clash with state constitutional provisions making the House the sole judge of its members, also gives Nigh the power to appoint replacements for suspended officials.
That has lawmakers worried.
Lawmakers have qualms about letting a governor get involved in the process of naming legislators.
Henry, D-Shawnee, said he is concerned about the governor’s involvement in what, in the past, has been a decision left up to the people.
He said because of controversy surrounding the convictions and a possible election of a new House speaker, he would rather “not discuss this.”
“In my mind there is no gray area,” Nigh said of the law and suspension.
The governor said he would be in no hurry to name a replacement, unless it appeared the two districts were on the verge of being unrepresented during a special or regular session.
If the appeal is successful, Nigh said both men would be reinstated with full back pay and replacements would be removed from office.
If the appeal fails, the legislators will be expelled from the House.
Nigh said he did not know if the suspension would make the two lawmakers ineligible for re-election in 19884 if they are still appealing the verdict.
Draper has been speaker for 21/2 terms.
Henry said he is no hurry to call a caucus to nominate a new speaker because House rules allow the House president pro tem to serve in the speaker’s post when the speaker is unable to serve.
The pro-tem is Rep. Mike Murphy, D-Idabel, a Draper backer.
At least one of the candidates to replace Draper would like to get the matter settled within 30 days.
Rep. Jim Barker, D-Muskogee said he believes the caucus should meet quickly and a special session should be called to name a new House leader.
He said it would jeopardize the operations of the House to be without a leader.
Barker is one of two major contenders for Draper’s seat.
The other is Sand Springs Democrat David Riggs.
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