Impeachment Trial Looming for Fisher in Oklahoma Senate

Impeached on Sept. 9, 2004, by a unanimous vote in the Oklahoma House of Representatives, Insurance Com-missioner Carroll Fisher now faces a trial in the state Senate that could result in his being thrown out of office.

At the Senate trial, which is expected to begin Oct. 4, Fisher will defend himself against charges of neglect of duty, incompetency and corruption. After a summer-long investigation into his activities as commissioner in which it heard the testimony of 38 individuals, an Oklahoma House impeachment task force on Aug. 30 issued a report recommending that that the full House vote on Articles of Impeachment against Fisher for the following reasons:

• He mishandled money raised in connection with an insurance continuing education program.

• He improperly solicited donations from entities regulated by Fisher for a charity he established.

• He used his position as insurance commissioner during a political campaign to obtain personnel records of a political opponent from a company regulated by the insurance department.

• He solicited and accepted a gift of artwork and furniture from entities regulated by the insurance department.

• He deposited a $1,000 campaign contribution check into his personal checking account and subsequently drew on the balance of the account.

In its report, the committee offered several other recommendations to the House, including: Changing the office of the insurance commissioner from an elected office to an appointed one; Prohibiting all elected state officers from soliciting gifts from people or businesses regulated by those officers; Amending state statutes to prohibit the insurance commissioner from sitting as a hearing examiner within the insurance department; and That all gifts to the state or a state agency must be approved by the Governor before they are accepted.

During this election year, Oklahoma senators will be hard pressed to bring Fisher’s trial to completion before Nov. 16, when the 49th Legislature expires. Under the Oklahoma Constitution, a vote of two-thirds of the senators present is required for a conviction. With numerous senators involved in re-election campaigns, some have speculated it may be difficult to maintain that quorum throughout the trial.

As reported previously in Insurance Journal, Fisher is facing criminal trials on felony charges of embezzlement and operating a charity illegally. The criminal charges against Fisher grew out of an investigation by a multi-county grand jury overseen by Attorney General Drew Edmondson. That grand jury is reportedly continuing its investigation of Fisher.

The commissioner has also been reprimanded three times by the state Ethics Commission, most recently at the end of August for using his office to solicit furniture.

His attorney, Irven Box, has reportedly said he will try to delay the Senate trial until after Fisher’s criminal trials take place, according to the Associated Press and The Oklahoman.

Despite repeated calls from Oklahoma Gov. Brad Henry for Fisher to leave office, the insurance commissioner has refused, denying any wrongdoing and steadfastly maintaining he will be cleared in the courts.

In his latest plea for Fisher’s resignation, Gov. Henry said he believes “it would clearly be in the best interest of the state of Oklahoma for Commissioner Fisher to resign.

“The bipartisan impeachment vote by the full House illustrates that the commissioner has lost the confidence of his fellow elected officials and the people who elected him. Although everyone in our society is innocent until proven guilty, the impeachment action, pending criminal charges and other ethics controversies involving Commissioner Fisher have made it impossible for him to serve as an effective representative of the people.

“While the commissioner has made it very clear that he does not intend to step down, I would implore him to consider the damage that the impeachment proceedings and related controversies are inflicting on the state he serves. If Commissioner Fisher makes an honest appraisal of the situation and considers what is best for Oklahoma, he will immediately resign his office and continue his legal battles as a private citizen.”

Oklahoma Rep. John Trebilcock, R-Broken Arrow, who was instrumental in launching the House investigation of Fisher, said quickly removing Fisher from office would prevent the commissioner from further benefiting from his alleged improper actions.

“Commissioner Fisher’s refusal to do the right thing and resign is the height of selfishness,” Trebilcock said in an announcement released by the House Media Division. “Instead, he has continued to waste taxpayer dollars both by necessitating impeachment proceedings and by taking a state paycheck.”

The Senate met Sept. 14 to adopt rules governing Fisher’s trial. Sen. Charlie Laster, D-Shawnee, chairman designate of the Senate Judiciary committee, announced that Oklahoma Supreme Court Chief Justice Joseph Watt would be installed as the presiding judge for the impeachment trial. The Senate will serve as the jury.

Laster has reportedly told the senators the trial will likely last for several days, at the least.