The Oklahoma Bar Journal May 2023

Justices Welch and Johnson on March 18, 1965. Justice Welch, the longest-serving justice, immedi ately resigned. Justice Johnson was defiant and would not resign. The full House approved the articles of impeachment. Young state Rep. Larry Derryberry, later the state’s attorney general, said Johnson was a traitor to the judiciary, the profes sion and the people of Oklahoma. 12 Two days later, an Oklahoma County grand jury indicted Johnson on bribery charges. 13 Otis Sullivant, a legendary reporter for The Daily Oklahoman , summarized the sentiment of most Oklahomans: It has been a dark week for Oklahoma and its reputation nationally in government and politics. The state hasn’t received so much bad public ity in such a short time since the swashbuckling politics of the 1920s when our state was looked upon as a raw young one, still in its growing pains. It has been quite a shock for those observers who assumed we had matured politically and were becoming settled in our political ways. 14 provides that the state Senate act as the trial court after the House brings charges by impeachment. Justice Johnson’s trial captured the attention of newspapers across the country. The New York Times sent a reporter to cover the trial. The charge of racism was raised: Johnson was part Cherokee, and it was suggested that former Justice Corn implicated Johnson because he was a Native American. The Times reporter wrote, “Justice AN IMPEACHMENT TRIAL The Oklahoma Constitution

magazine called the scandal one of the worst in American his tory and referred to the quality of justice in Oklahoma as “the best money can buy.” Against insisted that the Legislature pass sweeping justice reform measures. But Democratic leaders such as House Speaker J.D. McCarty killed any mean ingful judicial reform bills. 10 A federal grand jury in Oklahoma City indicted Justices Corn and Welch and prominent attorney and former Oklahoma City Mayor O.A. Cargill Sr. One the backdrop of corruption, Gov. Bellmon

Oklahoma Supreme Court Justice N.B. Johnson speaks to reporters on May 13, 1965, immediately after the state Senate convicted him of bribery charges. He is the only Supreme Court justice in the history of Oklahoma to be impeached and convicted. Courtesy Oklahoma Historical Society.

There was a statewide uproar after Rep. Blankenship made former Justice Corn’s confession public. Gov. Henry Bellmon was concerned about Rep. Blankenship’s safety because the veracity of power ful people was questioned. 8 The Oklahoma Bar Association created a special investigating committee that recommended filing charges against Justices Welch and Johnson. The committee cleared other sitting justices of any wrongdoing. 9 The scandal had a depressing effect on the judiciary and the practice of law in Oklahoma. Time

count accused Cargill of orches trating the payment of at least $1,000 to certain justices as a cam paign contribution in exchange for the justices’ agreement to vote in favor of cases in which Cargill was interested. Ultimately, Cargill was convicted on three counts of perjury. Two counts were dismissed by the U.S. Court of Appeals for the 10th Circuit, but one conviction was affirmed. 11 Meanwhile, a special investigat ing committee of the Oklahoma House of Representatives filed articles of impeachment against

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

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THE OKLAHOMA BAR JOURNAL