Oklahoma Lawmakers Want Ability to Change Court Sentences

By Jon Jordan, NEWS 9

OKLAHOMA CITY -- The legislature already has the power to make laws, and now some lawmakers want a say over the criminal justice system.

State Representative Mike Ritze is looking to pass a resolution that will give the legislature the ability to change a sentence handed down by the courts.

According to Representative Ritze some judges have been too soft on criminals, especially in cases involving crimes against children. He says if judges are not willing to do the right thing then the legislature needs to step in and do it for them.

It was a case out of McAlster that drew national attention.

Bill O'Rielly from Fox News said of the McAlester case:

"You do not give a child rapist one year in prison in the United States of America."

David Earls, 64, plead no contest to raping and sodomizing a 4-year-old girl. He received a sentence of 20 years in prison, with the judge choosing to suspend 19 of them. It's the kind of sentences Representative Mike Ritze from Tusla calls absurd.

"There are sex offender cases that are being overlooked," said Rep. Mike Ritze, (R) Tulsa. "We feel like we need to restore that."

To do that, Ritze has introduced legislation that would give the 149 legislative members the power to review and alter sentences like Earls'.

"What about those who say this is the legislature overstepping their bounds?" said Rep. Ritze. "Well, you know the legislature makes the laws."

In fact, defense attorney and NEWS 9 legal analyst Irven Box calls Ritze's resolution the most shocking legislation he's ever seen. Box says what Ritze's resolution allows the legislature to do is act as another supreme court. He says the public should be concerned legislation like's Ritze's is even considered.

"The fact that they make laws does not give them the power to circumvent what judges do," said Box. "It doesn't give them the power to act as a supreme court. Sure, they can make laws, but they are not the judge and they are not the jury."

In addition to Representative Ritze's resolution is another bill in the legislature that aims to remove the judge who presided over the case.

If the resolution passes out of the legislature it would then go to a statewide vote.