DA Prater moves to intervene in County Commissioner Calvey’s ICE Oklahoma County jail access lawsuit

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OKLAHOMA CITY (KFOR) — Oklahoma County D.A. David Prater has now filed a motion to intervene in a lawsuit filed by Commissioner Kevin Calvey regarding a policy to allow ICE full access to the county jail. 

​Earlier this month, the Oklahoma County Criminal Justice Authority, the jail trust, voted 4-2 to remove ICE from the Oklahoma County Jail.

However, the vote did not count because it was lacking a 5-person majority. 

Then on October 5th, Commissioner Kevin Calvey added an item to the commissioners agenda to adopt a policy that would allow ICE full access to the jail and honor 48-hour ICE detainers. 
That item passed 2-1. 

On October 6th, Commissioner Kevin Calvey, operating as a private lawyer, filed a lawsuit asking a judge to rule that the policy “is both enforceable under state law and is binding on the Oklahoma County Criminal Justice Authority.” 

“If the judge says no then we’re not a sanctuary state, you can comply with ICE detainers, like most counties do, then we would go ahead and that would be enforceable,” Calvey said on the 5th. 

On Wednesday, Oklahoma County D.A. David Prater filed a motion to intervene, writing “Only the district attorney can represent Oklahoma County in litigation except for limited instances.” 

Prater went on to say, “In this case, the validity and enforcement of a “policy” adopted by Oklahoma County has been submitted for judicial review by private parties and parties not authorized to do so by statute.” 

Prater continued, “The policy was not submitted for review or comment to the district attorney.” 

While Calvey points to a building lease agreement with the jail trust, that he believes should bind them to the policy, Prater wrote in the motion, “As a matter of the law, the lease of the jail building cannot support a claim of authority of the BOCC over jail operations.” 

Prater continued saying, “The Board of County Commissioners (“BOCC”), and specifically any individual commissioner, has never had direct operational control of the jail as a matter of law.” 

News 4 contacted Calvey for comment on Thursday and we never heard back. 

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