Judge grants Okla. Co. DA motion to intervene in jail trust lawsuit

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OKLAHOMA CITY (KFOR) – On Monday, a judge granted Oklahoma County District Attorney David Prater a motion to intervene in a lawsuit filed against the county’s jail trust by Commissioner Kevin Calvey, who sits on the trust. 

“By statute, that was the ruling that should have occurred,” Oklahoma County D.A. David Prater said on Monday. 

On Monday morning, Judge Cindy Truong granted Prater’s Motion to Intervene in a lawsuit filed by Commissioner Kevin Calvey, operating as a private attorney, who didn’t consult with Prater, the county’s attorney, before filing it.

“I’m pleased that we were allowed to intervene,” Prater said after the hearing. 

Calvey wants a judge to rule that the jail trust must allow ICE agents full access to the county jail and honor 48-hour ICE detainers, a policy enacted by the Board of County Commissioners last month. 

That was after the trust voted 4-2 to remove ICE from the jail, which didn’t count due to a technicality, lacking a five-person majority requirement. 

Calvey, at first, ignored KFOR’s questions after Truong’s ruling, but then made a brief statement. 

“My only comment would be that it’s very important that we cooperate with ICE and we’ll keep pushing to make sure that happens,” Calvey said. 

He would not take any further questions after that. However, Prater did answer questions. 

“Our overarching interests are the citizens of Oklahoma County and the citizens of the state of Oklahoma and assuring that they’re protected from liability that might come from this suit,” Prater said. 

Prater said he feels this case stretches beyond ICE policies because it essentially means that Board of County Commissioners, BOCC, can make decisions for the trust and the trust have to abide by those decisions. 

“If this lawsuit were to prevail, it could allow others outside to then point to this intervention by the county commissioners and the operation of the jail trust and say it’s a “sham trust” and therefore, all of the protections and safe guards in the statutes that relate to the trust go away,” Prater said. 

Both the jail trust and Prater have filed motions to dismiss the case. Another hearing has been scheduled for January 5th. 

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