An Edmond lawyer will start work immediately to guide a House committee looking into possible impeachment proceedings against state Auditor and Inspector Jeff McMahan, a committee co-chairman said Monday.
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Andy Lester, a partner in the Edmond firm Lester, Loving and Davies, was hired Monday by the eight-member committee to serve as special counsel.
McMahan and his wife, Lori, have pleaded not guilty to federal charges of mail fraud, bribery and conspiracy. Their trial is set for early June.
Lester will go over evidence in the case and talk with federal prosecutors about possibly sharing information without jeopardizing their case, said Rep. Rex Duncan, co-chairman of the committee.
Duncan, R-Sand Springs, said the committee would like to finish its work by June before McMahan's trial, but he cautioned that their work is an "events-driven process.”
The pace of the work will depend on the ability to gather evidence and the availability of witnesses.
The federal charges are of a different nature than the impeachment process, Duncan said.
"The House is charged with determining whether he's fit to continue the performance for his duties,” Duncan said.
"There may be some overlap of information,” he said.
Another committee meeting was not scheduled. It's hoped the committee will meet again in two to three weeks.
The auditor's lawyer, Rand C. Eddy, said in a telephone interview that the committee's work would harm his client from getting a fair trial. He said he would talk with Lester — whom he briefly worked for about 20 years ago.
"If things start to pick up and move forward, I will be definitely looking into the possibility of getting some kind of relief from the Oklahoma Supreme Court,” he said.
Eddy said Lester is a good choice.
"He's a very ethical, qualified attorney,” Eddy said.
Lester specializes in civil litigation, civil rights law, defamation law, employment litigation and local government law.
How will the panel work?
David Braddock, the other co-chairman of the committee, said the panel would conduct its work similar to the way an impeachment committee looked into former Insurance Commissioner Carroll Fisher four years ago.
A special counsel was hired then to help the committee gather evidence against Fisher, who was facing state charges when impeachment proceedings began. All committee meetings are planned to be open to the public as they were four years ago, he said. Monday's meeting was open.
If the committee recommends removal, the full House would vote on articles of impeachment. If approved, the case would move to the Senate for a trial.
The House four years ago impeached Fisher; he resigned shortly before his Senate trial was to begin.
Lester will be paid at least the same rate as the special counsel who helped with the Fisher impeachment committee, Duncan said. That rate was about $250 an hour, he said.
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Please give reason why the impeachment of the state auditor and inspector is proceeding before the trial. I thought a person was innocent until proven guilty in a court of law. Please explain the legislature's urgency in this matter.
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Andy Lester
Andy Lester attended Ludwig-Maximilians-Universitat in Munich, Germany, and received a bachelor's degree in history, magna cum laude, from Duke University in 1977. He received his law degree and a master's in foreign service in 1981 from Georgetown University.
During law school, he was a member of President-elect Reagan's transition team for the Equal Employment Opportunity Commission.
From November 2002 until January 2003, he was a member of Gov. Brad Henry's transition team, working in law enforcement and finance.
He moved to Oklahoma in 1982 when he was hired as an assistant city attorney in Enid. He eventually went into private practice and moved his law firm to Edmond in 1994.
Since 1988, Lester has been an adjunct professor at Oklahoma City University School of Law. He teaches state and local government law and employment law. He has also taught criminal law and international law. He is also an adjunct scholar of the Oklahoma Council of Public Affairs.
For eight years, Lester served as a U.S. magistrate judge for the Western District of Oklahoma.
In 2005 Lester represented Michael D. Brown, the former head of the Federal Emergency Management Agency, during a congressional committee hearing on how the agency responded to Hurricane Katrina.
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