A McClain County district judge decided Ward 3 Norman City Councilmember Kelly Lynn vacated his seat after accepting a municipal judgeship in Wewoka in January.
On Feb. 14, the city filed a request for a declaratory judgement to determine if Lynn violated a state law that prohibits holding dual offices. That same day, Lynn lost reelection to Bree Montoya and has since accepted a second judgeship in Dibble.
McClain County District Judge Leah Edwards decided Thursday Lynn can no longer remain on council.
Lynn’s legal team filed a motion to dismiss and that, alongside the city’s motion for a judgement, was heard by Edwards on April 5.
Tracy Schumacher, Lynn’s legal representation, argued on April 5 that the Oklahoma Constitution, article 7, section 11(b) provides an exception for municipal judges holding multiple offices. Schumacher said the state constitution trumps all other law, and therefore, the court should examine the hierarchy in legal structure.
Edwards cited an attorney general ruling from 1977 which said the only exception for municipal judges to hold dual offices is to act as a municipal judge in more than one municipality.
“The statute must be construed to be an absolute prohibition without regard to questions of the incompatibility of such offices or possible conflicts of interest by reason of occupying such offices,” Edwards ruling read.
Ward 7 Councilmember Stephen Tyler Holman wrote to OU Daily that the situation is unprecedented in the city of Norman.
"I’m glad the courts have made a decision on this matter and I am hopeful we can now move forward as a City Council and Community," Holman wrote.
Lynn has continued to serve on council since the filing in February. It is not known at this time if Lynn will file an appeal or if council will have to reconsider business that Lynn voted on since Jan. 9.
OU Daily reached out to Lynn, Mayor Larry Heikkila and other members of council but have not received statements at the time of publishing.
This story was updated at 12:48 p.m. April 28 to include a statement from Ward 7 Councilmember Stephen Tyler Holman.
This story will be updated with more information as it becomes available.
This story was edited by Jazz Wolfe.
