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District attorney wins his case

by The Oklahoman Editorial Board and Ray Carter Modified: June 14, 2013 at 2:35 pm •  Published: February 21, 2013
In siding with Rex Duncan, district attorney for Osage and Pawnee counties, Oklahoma County Special Judge Donald Easter made a good call. In declining to appeal the judge’s decision, Attorney General Scott Pruitt made a better one.
 
After beginning his term as district attorney, Duncan was mobilized for military service in Afghanistan with the Oklahoma Army National Guard. A legal opinion issued by Pruitt’s office declared Duncan vacated his elected position when he went on active duty, saying it violated a state constitutional prohibition on holding two offices as the same time.
 
Duncan took the issue to court, where Judge Easter ruled that a federal law pre-empted state law and allowed Duncan to serve in the military without vacating his elected office.
 
This is a victory for those serving in the military and for common sense. We’re glad Pruitt isn’t spending more taxpayer dollars on an appeal.

by The Oklahoman Editorial Board
The Oklahoman Editorial Board consists of Gary Pierson, President and CEO of The Oklahoma Publishing Company; Christopher P. Reen, president and publisher of The Oklahoman; Kelly Dyer Fry, editor and vice president of news; Christy Gaylord...
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by Ray Carter
Editorial Writer
Ray Carter joined The Oklahoman in May 2012 after serving as Media Director for the Oklahoma House of Representatives for over seven years. A native of Oklahoma, Carter has worked in the newspaper and public relations businesses since 1998.
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