By Angel Ford, Contributing Writer
Lisa and William Wooley have been striving to see their grandchild ever since the criminal charges against them for the death of their grandson were dropped several years ago.
They first sued in 2021 for visitation rights to see Clayton Woolley, but the motion was denied. In May they filed a new request, hoping a shift in judge or venue would lead to success.
But they were disappointed again Monday, as Judge Doug Kirkley granted a case consolidation, sending the matter back to Adair County Judge Elizabeth Brown.
Kathleen Pence, the attorney for Woolley’s legal guardian, Amanda Lindstrom, said the petition by the Woolley’s was an attempt to modify a court order that has exclusive jurisdiction to the juvenile courts.
Pence argued the Wagoner County court lacked jurisdiction to decide grandparent/parental rights. She said the court order from 2021, “states specifically that the child shall have no contact with the paternal grandparents, William, Bill or Lisa Woolley, immediate or extended members of the mother’s maiden name.”
The Woolley’s attorney, Phillip Owens II, said he wouldn’t disagree with the motion to consolidate if it were any other case. According to the document filed by Owens in response to consolidation, the Woolley’s believe Brown is biased against them and would already have decided the outcome of issues brought before her.
“The issue isn’t the court, the issue is the judge,” said Owens. “You’ve got a judge who ordered that my clients have no contact with these children based on no trial, no evidence, (but) based on allegations, which have all been dropped and are not admissible in court.”
“If the court consolidates this matter, and Judge Brown is the judge, the first thing we’re going to do is proceed with Rule 15, because my clients cannot get a fair hearing from Judge Brown,” said Owens.
According to Oklahoma Supreme Court Network, Rule 15 of the District Court Rules of Oklahoma outlines the process to formally disqualify a judge for both civil and criminal cases.
Kirkley said he was being asked to modify a judge’s order, and he didn’t feel he could do that.
“For the record, judges don’t like to give a case they are supposed to hear to another judge. That just doesn’t go over well. We don’t take a case away from another judge if we don’t have the authority to do it, and I don’t,” said Kirkley. “I am not the presiding, I am not the appellate judge, I have no jurisdiction over Judge Brown.”
Family members and supporters of the Woolley family filled the right side of the courtroom galley, including State Sen. Julie McIntosh (R-District 3) and Senator Dana Prieto (R-District 34).
Prieto, Mcintosh and Rep. Gabe Wooley voiced support for the Wooley family.
“The court system is meant to safeguard the vulnerable,” said Prieto “but when justice falters, it is our duty to speak out and stand up for those affected.”
The hearing took an unexpected turn as Judge Kirkley allowed those in the courtroom gallery to speak. Mere seconds after the judge granted the motion to consolidate, Shana Brazelle spoke up in disagreement, saying a fair judge was needed.
After a brief admonishment from the sitting judge, Brazil was given a moment to have her say.
“You gave the first no contact order in that arraignment, in that bond part,” said Brazlle. “Maybe if you wouldn’t have given that no contact order, maybe (Judge Brown) wouldn’t have extended it. So, perhaps, you can do something about undoing it.”
“Where do we go, judge?” said Mark Rentz. “If we go back to the other judge we feel like we are going through the loop one more time without anywhere to turn.”
While expressing understanding to those in attendance, Kirkley confirmed his ruling and dismissed the court.
“It hasn’t fallen on deaf ears, but I have no answer for you because I have no idea what’s been said, what hasn’t been said, what’s been presented. I haven’t been the fact finder,” Kirkley concluded. “I trust what you are saying is true, but I also know there is another side to it…The fact finder has to hear both sides of it.”
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