Oklahoma District Attorneys Council

The Oklahoma District Attorneys Council is an agency of the state of Oklahoma that provides professional organization for the education, training and coordination of technical efforts of all Oklahoma state prosecutors and to maintain and improve prosecutor efficiency and effectiveness in enforcing the laws of the state. The Council distinguishes itself from the District Attorneys Association, a private organization, in order to lobby the legislature, though it is composed of the same members.

The council is composed of five members, one of which is the Attorney General of Oklahoma and the remaining four are sitting District Attorneys. The council is responsible for appointing an Executive Coordinator to act as chief executive officer of the council. The current Executive Coordinator is Kathryn Boyle Brewer.

The council was established in 1976 during the term of Governor of Oklahoma David L. Boren.

History
The District Attorneys Council was created by the Oklahoma Legislature in 1976.

In 2019, Steve Kunzweiler and member of the Council organized a DA breakfast "where they could all come together for the first time ever" to later "feel comfortable to pick up the phone and call one of the district attorneys if they have a question about proposed legislation" that would affect their work.

Functions
The primary function of the District Attorneys Council is to provide a professional organization for the education, training and coordination of technical efforts of all District Attorneys of the State. The Oklahoma District Attorneys Council assists local DAs by providing financial, personnel, and other administrative services upon request. The council is the administrative agency for the Crime Victims Compensation Board and the state administrative agency for several federal grants.

The Oklahoma District Attorneys Council does not have control over individual district attorneys. Its functions are advisory and administrative support only. The council does not have the power to investigate, stop, or otherwise prevent a district attorney from prosecuting an individual or group.

Leadership
The District Attorneys Council is under the supervision of the Secretary of Safety and Security. Under current Governor of Oklahoma Kevin Stitt, Major General Thomas H. Mancino is serving as the secretary.

Council members
The council is composed of five members. The members are the Attorney General of Oklahoma, the President of the Oklahoma District Attorneys Association, the President-elect of the Oklahoma District Attorneys Association, one district attorney selected by the Oklahoma Court of Criminal Appeals for a three-year term, and one district attorney selected by the Board of Governors of the Oklahoma Bar Association for a three-year term. A member of the council must vacate their position upon termination of the member's official position as attorney general or district attorney.

As of 2023, the members of the council are:
 * Matt Ballard, District Attorney Claremore, Oklahoma - Chair
 * Chris Boring, District Attorney Woodward, Oklahoma - Vice Chair
 * Greg Mashburn, District Attorney Norman, Oklahoma - Member
 * Steve Kunzweiler, District Attorney Tulsa, Oklahoma - Member
 * Gentner Drummond, Attorney General, State of Oklahoma - Member
 * Jacobi Whatley, Assistant District Attorney - Domestic Violence and Sexual Assault Resource Prosecutor

Divisions

 * District Attorneys Council
 * Executive Coordinator
 * Assistant Coordinator
 * Executive Division - serves as direct staff of the Executive Coordinator and to the Council
 * Information Technology Division - provides information to improve information technology services through efficient and effective execution of technological research, acquisition, and testing to local District Attorneys, liaison to the Oklahoma State Bureau of Investigation
 * Finance Division - provides budgeting, purchasing, and payroll service to the Council
 * Federal Grants and Programs Division - serves as state administering agency for all federal grants and programs applied for by the Council
 * Victims Services Division - serves as state administering agency for Oklahoma's Crime Victims Compensation Fund as well as staff to the Crime Victims Compensation Board
 * Training and Outreach Division - this division is responsible for training the District Attorneys, and their staff
 * Uninsured Vehicle Enforcement Diversion (UVED) Program - this division manages the state-wide initiative aimed at reducing the number of uninsured vehicles on Oklahoma roadways.

Lobbying efforts
Under the Association, which shares the same address and memebers as the Council, District attorneys in Oklahoma "lobbied for or against 47 bills from 2015 to 2018, according to a study published June 3 by the University of North Carolina School of Law’s Prosecutor and Politics Project." In 2019, the council's top two executives were "registered as agency liaisons to lobby the Legislature." Senator Greg Treat, in a 2024 press conference, called the separation of the Association and the Council a "creative way to hide open records." House Representative Justin Humphrey accused the Council of fraud for profiting off supervison fees.

First legislative efforts
Toni Hasenbeck authored and filed HB 1639, the OK Domestic Violence Survivorship Act, after a mid-September 2022 Oklahoma House interim study in January 2023—a bill that "would allow a survivor to enter into a lesser sentencing range when evidence of abuse has been substantiated." Criminalized survivor April Wilkens's story and others were used to explain the need for new legislation that could give second look resentencing to many currently in Oklahoma prisons. It "offers nuance in sentencing." and the bill was originally called the Universal Defense Act. On March 1, 2023, the bill passed out of the Oklahoma House Judiciary—Criminal Committee unanimously. The Sentencing Project thanked the members for passing the bill out of committee. The Oklahoma attorney general seemed supportive of solutions the bill attempts to address. Colleen McCarty, who has also worked on the bill, says that legislation is necessary because the parole process under the Oklahoma Pardon and Parole Board has not helped April Wilkens and other women. Wilkens, for example, has never been able to "use the evidence of her domestic abuse in her appeal for early release." However, due to opposition from the District Attorneys Council, the retroactivity part of the bill was removed before it was advanced to the House. Kathryn Brewer, the agency's executive coordinator, said that Council raised concerns about unintended consequences of the bill.

The bill was voted on on March 22, 2023, and passed the House in a 91–0 vote. Mother Jones reported that retroactivity was removed to "make the bill more palatable to other Republicans" because the Oklahoma District Attorneys Council is "a powerful lobbying group of local prosecutors" that "reportedly opposes retroactive relief." The Oklahoma Appleseed Center for Law and Justice released a statement asking the Senate to add retroactivity back in and saying that often the prosecution of current criminalized survivors tried "to keep out the evidence of the abuse because it was prejudicial to their cases." They were "told the Oklahoma House leadership would not hear a bill on the floor that provided 'retroactive relief to people in prison. They were, however, amenable to prospective relief for survivors who have yet to enter the justice system [and that] the prosecution and extreme sentencing of survivors is a problem, but [Oklahoma] will only commit to fixing that problem going forward." Many other Oklahoma organizations, such as DVIS and SheBrews and persons involved in the OK Survivor Justice Coalition voiced their concern but hope in the bill. Hasenbeck said "she plans to develop future legislation to expand the Act so that Oklahomans such as April Wilkens...can have a chance at freedom." The associate director and professor at the Anne and Henry Zarrow School of Social Work at the University of Oklahoma, Dr. David A. McLeod, encouraged legislators to add retroactivity back in, citing "upward of 65% of incarcerated women in Oklahoma were in abusive relationships at the time of their arrest." Stephanie Henson, Vice President of the Oklahoma chapter of the League of Women Voters said that HB 1639 would "help modernize our justice system and reduce the number of women who are unfairly punished or receive unnecessarily long prison sentences." Hasenbeck has stated that, because of HB 1639, she has had District Attorneys in her office who dislike the bill "because they don't want to have lookbacks" on their past cases if retroactivity is retained in the language. Later, and to the pushback of survivor advocates, Eric Epplin, the DAC Assistant Executive Director, "said the council was concerned about the language of the bill being too broad and potential re-litigation hearings would be burdensome to families of the victims."

Second legislative efforts and governor veto
In 2024, Greg Treat authored Senate Bill 1470 along with Representative Jon Echols of the House, called the Oklahoma Survivors' Act. It passed the senate with no nay votes, and then the house with only 3. The bill "would permit courts to reduce sentences for domestic violence survivors for crimes they committed relating to that abuse," such as criminalized survivor April Wilkens, who was able to watch the vote pass the House along with other incarcerated women in Mabel Bassett. But Governor Kevin Stitt vetoed the bill along with ten other bills. Chris Boring, president of the District Attorneys Council, applauded the veto but advocates for the measure believed it "is critical to address systemic failures in criminal justice for women in Oklahoma." The very next day after Stitt's veto, Treat called for a Senate veto override. The Oklahoma Survivor Justice Coalition advocates said that the governor had been "mislead" by the DAs into thinking it was a bad bill. They claimed that they had "heard this misinformation from the state’s prosecutors and the District Attorneys Council for two years" during their efforts to get a bill passed. In a press release, they accused prosecutors of “continuously and mercilessly prosecuting survivors of domestic violence, and seeking harsh, maximum punishments, while simultaneously letting their abusers plead out and face minimal consequences.” A previous attempt at similar legislation was Toni Hasenbeck's and Julie Daniel's HB 1639 in 2023. Treat accused the DAs of going back on a deal he struct with them and saying that another bill had been drafted to ensure criminals couldn't abuse the system, addressing any concerns prosecutors had with the bill. Treat accused the governor of having "zero communication" with him or any discussion on the bill. He said, "There's an absolute target on senate bills from the governor, he has already vetoed 8 of them." News Channel 8 Tulsa also said that the Oklahoma District Attorneys Association has "refused or ignored repeated requests for comment on the legislation for more than a year." The Senate veto override passed and it was the first veto override of the session. Advocates "encouraged the House to also override the veto, which is necessary for the measure to become law." If both chambers override Stitt's veto, the bill will become a law effective November 1. Co-author Echols said he was "very surprised at the veto" but that, “We’re going to pass protections for domestic violence victims this year... either...through another bill or through an override of this bill.” Representative Monroe Nichols said in a statement that “In my eight years in office, I’ve rarely been more frustrated and confused by a governor’s veto."

Accusations of Corruption
In May 2023, Oklahoma representative Kevin McDugle accused the council of applying "pressure across the system to protect their power" and claimed district attorneys are "deeply embedded" in Oklahoma's branches of government in his attempt to help Richard Glossip. The council has also "actively sought to undermine Prater’s successor, Vicki Behenna, the county’s first female elected DA." Prater and the Council knows "that if the courts agree that Glossip’s conviction should be overturned, it will be up to Behenna to decide whether to retry the case."

In December 2023, Representative Justin Humphrey accused DAs of possibly illegally collecting money during supervised probation and called for the attorney general to investigate. The council's chair, Christopher Boring, rebuked Humphrey's claims.

In 2024, the Oklahoma House passed a billl, authored by Tammy West and Todd Gollihare, that would "do away with the $40 monthly probation fees typically paid during the first two years of an individual's probation," though Drummond siad the council was "in compliance with the law." Drummond noted, "however, that the Legislature had earlier increased funding to district attorneys to offset losses of offender fees being redirected to the state's general revenue fund." Only representative Rande Worthen voted against the bill in the House.

In 2024, Oklahoma state Representative Kevin McDugle said he "believes that members of the Oklahoma District Attorneys Council had improper communications with the Oklahoma Pardon and Parole Board prior to Richard Glossip’s clemency hearing in April 2023." District Attorney Jason Hicks criticized AG Drummond for sharing his views on the case. In other communications revealed, district attorneys referred to Drummond as a “douche” and "complained among themselves that the attorney general had turned Glossip’s clemency hearing into a 'circus'" and that Drummond was vying for a run for governor.