Judge refers SWB lawsuit to 10th Circuit Court

Journal Record, The (Oklahoma City), Sep 28, 1999

TULSA (AP) -- A ratepayer lawsuit against Southwestern Bell Telephone has been referred by a federal judge to the 10th U.S. Circuit Court of Appeals. The appeal court will decide which judges can hear the case without a possible conflict of interest.

Attorneys for Bell sent U.S. District Judge Erik Holmes a letter which said it could not compile a definitive list of Oklahoma federal judges who are not customers without having more information than just the judges' names. If the judge's number is unlisted, the company said it would be necessary to search the system with the unlisted number.

A judge must recuse himself if he or she could possibly benefit from the outcome, said Holmes.

Holmes gave Bell two weeks to supply the court with the list with a judge who would not benefit from the outcome. That order came on Sept. 9.

Southwestern Bell is charged in the complaint with failing to comply with an October 1995 settlement agreement. The agreement dealt with alleged excessive rates charges by the company.

"I find it impossible to believe that they don't know who their customers are," said J.D. Sellers, the plaintiffs' attorney.

Holmes said if no Oklahoma federal judges were available, the case would be transferred to the federal court.

Southwestern Bell claims that the power to resolve controversies between a utility and a consumer is exclusively vested in the Oklahoma Corporation Commission. It claims the power to review the commission's order is exclusively vested in the Oklahoma Supreme Court.

Sellers replied Friday that the federal courts are the only place the plaintiffs can get the relief they seek. He said he thinks federal jurisdiction is appropriate.