Oklahoma’s governor rejects landmark mental health competency restoration settlement

Gov. Kevin Stitt speaks at a news conference on May 31, 2024, at the state Capitol. (Photo by Nuria Martinez-Keel/Oklahoma Voice)

OKLAHOMA CITY – Gov. Kevin Stitt and the state’s commissioner of mental health oppose a proposed settlement that would settle a federal lawsuit. The settlement would guarantee timely and legally-mandated competency restoration to jail inmates.

Stitt and mental health commissioner Allie Friesen said in a statement that the settlement is not in the best interest of the state or patients of the Oklahoma Department of Mental Health and Substance Abuse Services. They said it’s unnecessary, too costly and would divert resources away from other mental health treatment programs.

“I am just a few months into this position and have not been given the chance to implement some changes that will already better our competency program,” Friesen said in a statement. “I respectfully ask the Attorney General to give me and this department the chance to do what is best for the people we serve.”

Stitt announced Friesen’s appointment in January. A group of court-appointed guardians ad litems filed the lawsuit in March 2023 on behalf of four inmates awaiting competency restoration services.

Attorney General Gentner Drummond’s office announced the proposed settlement Monday. He said in a statement that it would strengthen the justice system and allow more timely resolution of court cases.

The lawsuit alleges that the agency violated due process rights of pretrial defendants by failing to provide timely court-ordered competency restoration services. According to the settlement, which Drummond’s office reached with the plaintiffs’ attorneys, it would create a plan for justice to be administered in a more timely manner.

It still must be approved by the court and lawmakers.

“The Attorney General is misrepresenting facts. I did not and will never agree to have Oklahomans foot the bill for a bad legal settlement,” Stitt said in the statement.

On Friday, Stitt signed House Bill 2929 which includes a $4.1 million appropriation that lawmakers intended to be used to settle the lawsuit.

Drummond’s office had no comment about Stitt’s opposition.

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