OKLAHOMA CITY – Expressing “extreme disappointment” with stateTreasurer Todd Russ and his hand-picked legal counsel in the lawsuit over Oklahoma’s anti-ESG (environmental, social and governance) law, Attorney General Gentner Drummond fired the outside attorney and removed Russ from any decision-making authority in the case.
Drummond’s action May 9 came on the heels of a temporary injunction issued last week by Oklahoma County District Judge Sheila Stinson, enjoining theTreasurer from enforcing the Oklahoma Energy Discrimination Elimination Act of 2022. Russ is being sued by Don Keenan, a retired state employee who claims the treasurer’s enforcement of the law jeopardized the pension of the plaintiff and other members of the Oklahoma Public Employees Retirement System.
The law prohibits state agencies and entities from contracting or investing with financial institutions that allegedly “discriminate” against the oil and gas industry.
“It is extremely disappointing that the counsel hired by Treasurer Russ was unable to secure a favorable ruling in defense of Oklahoma’s anti-ESG law,” Drummond said. “Because of this failure, the law is now on hold and at risk of being struck down entirely. Oklahomans deserve better.”
Russ retained Oklahoma City lawyer Cheryl Plaxico, ex-wife of former state Attorney General Mike Hunter, to defend the Treasurer and the EDEA in the lawsuit.
Drummond said he initially chose a separate firm to serve as outside counsel in the case, but deferred to Russ after the treasurer insisted on selecting his own attorney to defend the law. Drummond said he now regrets extending that professional courtesy.
“Treasurer Russ was insistent that he be allowed to choose his own counsel to defend the lawsuit, and I acquiesced,” Drummond said.
“No longer will I allow professional courtesy to influence my decisions on this matter. Effective immediately, I have terminated Treasurer Russ’s hand-picked counsel and removed the treasurer from any decision-making role in the lawsuit. My office will handle all elements of the case moving forward.”
Russ said that before retaining Plaxico to represent him in the Keenan litigation, “my first request was to Attorney General Gentner Drummond’s office.” However, Russ said, he was informed by Trebor Worthen, the attorney general’s chief of staff, that Drummond declined to take the case but would recommend outside counsel.
The Treasurer said he “again personally approached Drummond” to defend him in the lawsuit. “However, his office only engaged in recommending a different choice in counsel.” At that point Russ selected Plaxico to be his outside counsel, “per his right.”
“When I asked the Attorney General to take my case, he refused,” Russ said. “So, I was left with no other choice but to choose who I was most comfortable representing me.”
Russ said his constitutional office as State Treasurer “makes me party to the lawsuit, and therefore I don’t believe my decision-making authority can be removed. Certainly I am disappointed with the outcome but have several facts for appeal. I had hoped to have the Attorney General as my defender all along.”
Judge Stinson is married to state Rep. Preston Stinson (R-Edmond). He did not vote on House Bill 2034, the Energy Discrimination Elimination Act, neither on third reading nor on fourth reading and final passage in the Oklahoma House of Representatives on May 4, 2022, legislative records show.
(Editor’s note: Mike W. Ray is a member of OPERS.)