Saturday, October 28, 2006

Enid Law Firm Members Donate $14,000 To Case; Ethics Reports Don't Show Affiliation


(From this week's Archives 10/25/06) Three members of an Enid law firm that represents Texas insurance executive Bradford A. Phillips and previously represented his father, the controversial Gene E. Phillips, have donated $14,000 to the Republican nominee for state insurance commissioner, Bill Case, but you wouldn't know it by examining Case's Ethics Commission reports. Case seeks to unseat incumbent Commissioner Kim Holland, Democrat now under attack by a secret Texas group, "Just The Facts America."
Case's campaign finance reports on file with the Oklahoma Ethics Commission do not reveal the connections of two of the three donors to Enid attorney Stephen Jones' law firm. The connections were made by The McCarville Report Online using legal resources, directories, and a newspaper account of a criminal case in Altus.
Jones, who confirmed to TMRO that he represents Phillips and his Liberty Bankers Insurance Company, donated $5,000 to Case on May 26th. (A complete statement from Jones is included below, in this revised article.)
Two other Jones law firm associates who are donors to Case's campaign were identified by TMRO. They are:
Deanna Juhl ~ Juhl listed a Mountain Home, Idaho, address, Case's report shows, when she gave $4,000 on June 28th. Juhl is licensed by the Oklahoma Bar Association and has an Oklahoma telephone number. Her speciality is "insurance defense" in the Jones firm. Her listing on Case's report gives her occupation as "attorney" but does not list a company affiliation as required by Ethics Commission rules; "not given" is the notation on Case's report. A possible explanation for the Idaho address is that she could maintain a residence there.
Jill Graham ~ Graham listed a Goodyear, Arizona, address, Case's report shows, when she gave $4,000 on June 28th; she listed the same address when she donated another $1,000 on August 10th. Graham is licensed by the Oklahoma Bar Association and has an Oklahoma telephone number. Her initital OBA listing gives the Arizona address but lists her email address as "jgraham@stephenjoneslaw.com." Her listing on Case's report gives her occupation as "attorney" but does not list a company affiliation as required by Ethics Commission rules; "not given" is the notation on Case's report. Documents examined by TMRO show she registered with the OBA as Jill Juree Parker; she was married in Tulsa County in March 2005. In an Altus Times story, she is reported as acompanying Jones to a September 2005 hearing in a Jackson County criminal case. A possible explanation for the Arizona address is that she and her husband maintain a home there, while she has a home in Enid.
Jones said, on Wednesday morning, that the two attorneys are not employees of his firm. He said, "They are 'of counsel' (independent contractors). Deanna Juhl lives in Idaho married to an F15 pilot deploying to the Middle East. Jill Graham lives in Arizona, married to an F16 pilot who is a graduate of West Point."Jones also said that it is no secret the women are associated with his firm and argued that if they listed their affiliation as "of counsel" to his firm they'd have to list their similar affiliations with other firms.
Jones described this report as "inadequate, incomplete and rushed."
He added, "As previously outlined in an e-mail to you, Deanna Juhl and Jill Graham are independent contractors who work for me on an hourly basis. As such, they need not list an affiliation with my office to the Oklahoma Ethics Commission unless they list every other lawyer they are doing contract work for. So, your pronouncement, 'you wouldn’t know it,' is somewhat short of the mark. You suggest something is left out which is required. It is not."
"Same with your reference to a 'secret Texas group.' Secret? Why, Mike, it is publicly registered with the Texas Secretary of State and its principals are well known. Secret? How do you do it, Holmes? Mrs. Juhl and Mrs. Graham have been listed on my stationery and the front door of my office, they are listed on my web page, and in the Martindale-Hubbell Legal Directory. There is no secret of their past association with me, contrary to the implications of your report. However, when their husbands were transferred, their status changed from employee to independent contractor. Both women are married to military officers. Mrs. Juhl’s huband is a fighter pilot who flies the F-15 and is being deployed to the Middle East. Mrs. Graham’s husband is a West Point graduate and an Air Force officer with the rank of Captain. He is also a fighter pilot (F16). Ken and Deanna Juhl live in Idaho because that is where he is stationed. However, her legal residence is Illinois where she votes and has a driver’s license. She is also admitted to the Bar of three states. She does not have a 'home' or 'residence' in Oklahoma. Please correct the mis-impression you have left. When she is in Oklahoma, she either stays with friends or at the Vance Air Force Base visiting quarters. Likewise, Mrs. Graham maintains her residence with her husband in Arizona (though soon they will move to Utah). When she is in Enid or Oklahoma City, she stays with friends. Neither of these women maintain a permanent residence, home or apartment in Oklahoma. They come to Oklahoma as needed. Mrs. Juhl works primarily on insurance defense cases and last September assisted me in the Brian Watts murder trial in Alva. She entered an appearance in the case and appeared every day in court. Mrs. Graham’s work is primarily in criminal matters and she assisted me in the successful defense of Melinda Bautista in a murder case in Altus last spring. Again, she filed an entry of appearance, appeared in court, and her participation was well reported. I have more than two dozen insurance clients, and many are listed in the A.M. Best Guide to Insurance Attorneys. Less than one percent of my work or income is for the insurance companies associated with the 'Phillips Group.'
"You are certainly correct that Deanna, Jill and I contributed to Bill Case’s campaign. However, while you are throwing statistics around, I have contributed over $100,000 to Republican and Democratic candidates in Oklahoma and outside the state this year, so Case represents 5% of my personal contributions. Incidentally, my wife gave $2,500 to Kim Holland’s campaign months ago.
"It is true that Brad Phillips is one of four sons of Gene Phillips. Mr. Gene Phillips does not own any insurance companies. You are in error. He may have owned insurance companies in the past, but not in recent times. Worse for you, yet, is the fact that not only did he not own the company that donated the furniture, he was neither a director, shareholder nor employee. Please correct your statement. Moreover, 20 entities, including law firms, donated furniture. They relied upon written opinions by the State Auditor and General Services. That two years later the Governor did not accept the gifts does not mean they were illegal or inappropriate. While there may have been a 'scandal' involving Carroll Fisher which forced his resignation and conviction (though it is on appeal), those matters did not involve Gene Phillips or his companies and no charge has been filed against Gene Phillips or his companies. Your report on what Mr. Fisher did is superficial at best and woefully incomplete. Mr. Fisher initially turned down the 'Phillips Group' and awarded the application to the other bidder who failed to raise the financing and defaulted. The owner of American Reserve came to the 'Phillips Group' and asked them to resubmit the bid. This the 'Phillips Group' did. A full public and open evidentiary hearing was held and under the law, the OID was compelled to award the company to the 'Phillips Group' because (1) there was no other bid, (2) they met their burden of proof, (3) the OID counsel did not oppose it, and (4) the owners of American Reserve requested it. Fisher made a condition of the application that Mr. Gene Phillips not be involved in the day-to-day management, and he has not. The companies, according to A.M. Best reports, are significantly stronger today and no irregularity has been found in any examination or audit.
"As for your claim Gene Phillips is 'controversial,' I suppose he is, but so am I, and for that matter, so are you.
"I have previously answered your question concerning Brad Phillips. As I recall, you asked whether Brad Phillips or Liberty Bankers Insurance Company is involved 'in any way' in Just the Facts America, which you described as a 'mysterious Texas group attacking Holland.' As your own reporting shows, they are not 'mysterious,' you had no difficulty finding this organization which is publicly registered with Texas officials. And you, Mike, reported in detail the background of its founder, counsel and representatives. Nothing mysterious there.
However, to answer your questions, for the second time, neither Brad Phillips nor Liberty Bankers Insurance Company is involved in any way in Just the Facts America."
The donations from Jones, Juhl and Graham represent almost 25 percent of the total $52,000-plus Case had raised as of his last report, when he had only $4,500 in cash on hand.

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