Civil Law
New Oklahoma Open Records Laws Expand Public Right to Know
A new Oklahoma law says police dash cam videos are now open records. New laws also allow civil lawsuits to enforce Oklahoma Open Meetings Act. Read more »
Rogers County Commissioners Fire District Attorney
Janice Steidley may continue to represent Oklahoma in criminal matters but her office can no longer act as legal counsel for Rogers County. Why? Read more »
Surge in Oklahoma Prison Intakes Did Not Ease Tulsa Jail Crowding
Jail Population Trending Upward A move to transfer prison-bound inmates from county jails has not reduced ongoing overcrowding at Tulsa County jail. The last time the Tulsa jail population dipped below the jail’s rated capacity of 1,700 inmates was more than a month ago, on July 18, 2014. While Tulsa County jail remains crowded, inmates […] Read more »
Rogers County Sheriff, Other Officials Remain Mired in Controversies
Intrigue among Rogers County officials just never seems to fade away. One might think a landslide defeat in which incumbent District Attorney Janice Steidley received a meager 13 percent of votes in the Republican primary race would have dampened allegations and counter allegations. Not so. The widely circulated allegations of 2013 sprang up around claims […] Read more »
Oklahoma Misdemeanors Further Defined in Expungement Case
In the language of law, it is called expunction or expungement. In popular parlance, it is often called having your court records sealed. In Oklahoma, a person arrested for a crime or convicted on criminal charges in certain circumstances can petition a court to seal their records. One of those circumstances involves a misdemeanor conviction […] Read more »
Oklahoma Supreme Court Averts Constitutional Crisis
In an expedited ruling that averted a looming constitutional crisis, the Oklahoma Supreme Court on April 23, 2014, reversed a district court decision related to secrecy surrounding execution procedures. The decision means Oklahoma may execute two convicted killers without triggering a constitutional showdown. A looming constitutional crisis emerged when attorneys asked a district court to […] Read more »
Oklahoma Constitutional Crisis Imminent!
Constitutional Showdown Looms Over Oklahoma Death Penalty Secrecy In the virtual shadows of modern-day gallows, Oklahoma’s two highest courts in April, 2014 became embroiled in a historic constitutional showdown. The top civil court stayed two pending executions after the top criminal court twice refused to order the executions stayed. Then, within hours of a scheduled […] Read more »
Oklahoma Lawmakers Take Aim at Privateers; Tennessee Targets 'Voluntary' Roadside Stops
Americans’ Fourth Amendment right “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures” ranks among the most zealously protected freedoms we enjoy in the United States. Yet an ever-growing list of exceptions appears to erode those fundamental freedoms. Lawmakers in both Oklahoma and Tennessee recently voted to stop some […] Read more »
Oklahoma Residents May Now Sue Out-of-State Web Merchants
Oklahoma residents may go to Oklahoma courts to file lawsuits against out of state Internet merchants. A Feb. 11, 2014 Oklahoma Supreme Court decision determined the state’s courts have jurisdiction over some individuals and companies who do business with state residents from outside the state. The ruling relied on federal court decisions that say an […] Read more »
Oklahoma Supreme Court Throws Wrench in Intoxilyzer 8000 Breathalyzer
A January 28, 2014, Oklahoma Supreme Court decision makes it difficult — if not impossible — for the state to continue revoking drivers licenses based on evidence provided by the current generation of breath analysis machinery. Currently anyone arrested for DUI in Oklahoma who blows a .08 or more (or refuses to blow) has their […] Read more »
Lawyer Represents Rogers County DA in Official and Private Lawsuits
The money trail in a merry-go-round of lawsuits among Rogers County officials gives new meaning to the adage “What comes around, goes around.” Take a look at the Tulsa attorney representing the Rogers County District Attorney and two assistants in their libel lawsuit against the Rogers County Sheriff, a Claremore detective, the father of a […] Read more »
Was New Mexico Man's 15-hour Ordeal a Cavity Search or Rape?
It’s the epitome of invasive law enforcement. Police seek warrants for body cavity searches when they claim to suspect someone has secreted illegal drugs in their private parts. On other occasions, police have conducted invasive searches without warrants. Sometimes so-called cavity searches involve probing inside a driver’s undergarments during traffic stops. Recent lawsuits allege officers […] Read more »
How to Petition for a Grand Jury in Oklahoma
Oklahoma is among at least six states that allow citizens to petition courts to empanel a grand jury that may investigate allegations of crimes. In Oklahoma, the citizens right is enshrined in the state constitution’s Bill of Rights. Like most rights, the right to petition for a grand jury in Oklahoma comes with some obligations. […] Read more »
Appeals Court Tosses Faulty Oklahoma DUI Revocation Affidavit
An Oklahoma Court of Civil Appeals has upheld a trial court’s decision to toss out a police officer’s revocation affidavit because it was legally inadequate. The decision means the driver who appealed a DUI revocation gets to keep her Oklahoma drivers license after being arrested for DUI. The decision calls into question potentially thousands of […] Read more »
Do Parts of the Oklahoma Violent Offender Registry Law Deny Equal Protection?
The reasoning behind a September 2013 Oklahoma Supreme Court decision striking down a portion of the Oklahoma sex offender registry law appears to call into question portions of the Oklahoma violent offender registry law. In Hendricks v Jones, 2013 OK 71 the court stated: “We hold applying SORA’s requirements to sex offenders now residing in […] Read more »
Oklahoma Sex Offender Registration Laws Reversed – Again and Again
Two decisions handed down by the Oklahoma Supreme Court this month continued to roll back the Oklahoma Dept. of Corrections’ over-aggressive application of the Oklahoma Sex Offender Registration Act. This month’s decisions involved convicted sex offenders who moved to Oklahoma and were required to comply with Oklahoma sex offender registration rules. The decisions follow a […] Read more »
In New Jersey, You Don't Have to Be a Driver to be Liable in a Texting and Driving Car Accident
Texting and driving is now widely recognized as a potentially dangerous distraction for drivers. In New Jersey, it is no longer just the distracted driver using a cell phone who can get into legal trouble for a car crash; the person on other end of the phone sending text messages to the driver can also […] Read more »
Oklahoma Tort Reform Unraveled: Comprehensive Reform Act of 2009 Citationized
Click here to download the full report “Tort Reform Unraveled” in a printable pdf format. When the Oklahoma Supreme Court on June 4, 2013 struck down a landmark 2009 Tort Reform bill, it reversed law spread across 10 titles and 81 sections of Oklahoma Statutes. The order did not include references to the statutes created […] Read more »
Tort Reform Unraveled: Supreme Court Reverses 2009 Tort Bill
Click here to download the full report “Tort Reform Unraveled” in a printable pdf format. When the Oklahoma Supreme Court on June 4, 2013 struck down the Comprehensive Lawsuit Reform Act of 2009, it reversed one of the most far-reaching measures governing litigation in Oklahoma lawmaking history. For more than 3 ½ years, attorneys working […] Read more »
$5 Million Judgment in Wrongful Death Claim
The Wirth Law Office has obtained a $5,000,000.00 judgment for a wrongful death claim. Wirth Law Office’s Bartlesville attorney won the settlement after a man was acquitted at trail where he was accused of shooting another man. Read more »
Judge Gambill Reversed
The Wirth Law Office has just received the Opinion from the Oklahoma Court of Civil Appeals granting our appeal and reversing the decision of the Honorable Judge Bruce David Gambill of Osage County, Oklahoma. This is the third consecutive successful civil appeal filed by James M. Wirth. The two previous winning appeals overturned rulings by […] Read more »
Malpractice Settlement
Today the Wirth Law Office successfully settled a medical malpractice claim for a client injured by the negligence of a medical professional. Although we cannot specify the exact amount obtained, we are very proud of the settlement as we received more than the amount we demanded prior to filing suit against the medical practitioner. Read more »
Remarkable Settlement
Today’s settlement is not the largest one for the firm, or even close to it, but it is remarkable in another respect. The amount of the settlement is over 3 times (300%) more than the client’s previous attorney told her was the best offer she would get. This client retained the Wirth Law Office in […] Read more »
Judge Reversed on Appeal
Wirth Law Office attorney, James M. Wirth, received a huge victory today from the Oklahoma Court of Civil Appeals. Back in February of 2009, while Mr. Wirth was working at the Kania Law Office, he drafted and filed an appeal for a mother who lost custody of her son due to the recommendations of a […] Read more »