Ward 3 Councilmember Kelly Lynn has been asked to step down by the City of Norman from his position after being found to be potentially illegally holding dual office.
On Jan. 3, Lynn was sworn in as Wewoka Municipal Judge. City Attorney Kathryn Walker hired the Spencer Fane LLP law firm to further investigate the legality of Lynn’s positions, and they determined that Lynn had effectively vacated his council seat by accepting the judgeship, according to an opinion obtained by OU Daily.
The Spencer Fane opinion stated that by “mere operation of law,” Lynn is no longer a member of city council and council could declare the seat vacant and begin the appointment process for the rest of Lynn’s current term, which ends on July 4.
Council could also seek a declaratory judgment from the Cleveland County District Court, according to the opinion.
Spencer Fane’s opinion cited Oklahoma State Statute Title 51, Section 6 which states that no person holding an office can hold a second one. However, this statute allows for 30 exceptions, though none directly apply to Lynn’s circumstance, according to the opinion.
“Section 6 plainly prohibits a sitting city council member from simultaneously holding the office of municipal judge in another city or town. When the councilmember took the oath of office to serve in the additional capacity of municipal judge, he vacated his city council seat,” the opinion read.
In a Jan. 24 memo from Assistant City Attorney Rick Knighton to Walker, Knighton said the only exception that applies to municipal judges doesn’t apply to city councilmembers. The exception is only for assistant district attorneys also serving as a municipal judge or prosecutor.
Knighton cited the Oklahoma Supreme Court case Gibson v. Crowder, which states that entering a second office automatically vacates the first office. Crowder did not make it clear if a councilmember can be criminally prosecuted for violating 51 O.S. § 6, but further participation in council matters by Lynn could be called into question.
On Feb. 7, Walker sent a memo to councilmembers that said she and City Manager Darrel Pyle met with Lynn on Jan. 24. Walker said Lynn asked if he could do legal work for another city and was given approval.
Walker stated in the memo that both she and Pyle understood Lynn’s request to mean work as a lawyer, not as a municipal judge. Walker also informed councilmembers that she sought the advice of Spencer Fane.
The city plans to file a petition for declaratory judgment sometime this week, though it may not be delivered for several weeks, according to Walker’s memo.
According to the Norman Transcript, Lynn said he was asked to resign from his city council position but has no plans to do so.
When OU Daily reached out to Lynn for comment, he responded with a letter sent by Tracy Schumacher, former district judge of Cleveland County, to Spencer Fane and Knighton.
Schumacher referred to Article 7, Section 11 of the Oklahoma state Constitution, which she claimed provides an exception for municipal court judges.
“No Justices or Judges, except those of Municipal Court, shall engage in the practice of law nor hold any other office or position of profit under the United States or this state or any municipal corporation or political subdivision,” the constitutional section reads.
Schumacher wrote in the letter that Lynn believes this response comes in retaliation for his criticism of the Norman Fire Department. Schumacher further accused the city of trying to influence the Feb. 14 election, where Lynn will face challenger Bree Montoya.
“Last minute political tricks should not be allowed to derail his campaign to continue to serve as a council member,” Schumacher wrote.
Schumacher said if the city did not request a declaratory judgment, she would do so on Lynn’s behalf.
OU Daily reached out to the Oklahoma Ethics Commission and the Attorney General’s office but neither responded. The Oklahoma Municipal League and the City of Wewoka also didn’t respond by the publication’s deadline.
This story was edited by Alexia Aston, Karoline Leonard and Jazz Wolfe. Ansley Chambers and Nikkie Aisha copy edited this story.
