Drummond submits negotiated settlement on class-action lawsuit against ODMHSAS
Proposal would expedite justice for victims of crime
OKLAHOMA CITY (June 18, 2024) – Attorney General Gentner Drummond said a brokered settlement his office has reached with plaintiffs’ attorneys on a class-action federal lawsuit will deliver long-delayed justice for crime victims and save the state untold millions of dollars by ensuring due process for criminal defendants who have been deemed “not competent” to stand trial.
Filed in March of last year, Briggs v. Slatton-Hodges alleges the Oklahoma Department of Mental Health and Substance Abuse Services (ODMHSAS) has violated due process rights of some pretrial defendants by failing to provide timely court-ordered competency restoration services. Some inmates deemed incompetent to stand trial have escaped accountability in county jails for more than a year, resulting in delayed justice for the victims of crime.
The proposed consent decree, filed late yesterday in U.S. District Court for the Northern District of Oklahoma, outlines a strategic plan for justice to be administered in a timely fashion by improving ODMHSAS’ restoration services.
“Under this proposal, victims and their families will not have to endure interminable delays for their cases to be resolved by the courts,” Drummond said. “This plan will strengthen the justice system and correct a process that has been fraught with problems. In so doing, this consent decree saves tens of millions of taxpayer dollars by avoiding the costs and risks of protracted litigation.”
The agreement also addresses concerns voiced by the Governor in his veto message of legislation last year that sought to change aspects of the competency restoration system.
“We must do a better job addressing rampant mental health issues plaguing our society,” Gov. Stitt in his June 2023 veto of Senate Bill 552. “This includes taking a hard look at the methods and structures being used to restore to competency those criminal defendants who may be afflicted by mental health disorders.”
Drummond said he is hopeful Gov. Stitt and legislative leaders will approve the plan.
“If this lawsuit proceeds, there is no doubt the State would be facing significant litigation risk that could cost taxpayers dearly,” he said. “This settlement, the result of months of extensive negotiations, will initiate important improvements and fix a broken system that has been a travesty of justice.”
Read the application for consent decree.
