State investigative committee hires outside counsel

Wednesday, April 21st 2004, 12:00 am

By: News On 6

OKLAHOMA CITY (AP) -- An Oklahoma City attorney will serve as special counsel to a legislative group investigating state Insurance Commissioner Carroll Fisher, the group's chairman announced Wednesday.

Burck Bailey, whose hiring was approved by House Speaker Larry Adair, will earn $275 per hour for his work.

After meeting in closed session, the legislative panel directed Bailey to prepare a court order requesting transcripts of a multicounty grand jury investigating Fisher.

Attorney General Drew Edmondson, whose office directs the grand jury, said because state statute provides that grand jury records are kept secret, a court order must be obtained before transcripts can be released.

"We told the committee early on that once we've identified what they need, we'll still need to go to the presiding judge and get an order allowing that to be released," Edmondson said. "I don't think that's going to be a problem. I think the judge will be willing to do that."

The grand jury already issued four felony indictments against Fisher related to operating a charity illegally and embezzling insurance education money. Those indictments were later replaced with felony charges in Oklahoma County District Court.

The grand jury also is investigating Fisher's relationship with Florida attorney Norman Taplin. Fisher wrote a $35,855 check to Taplin two weeks after they attended the 2002 Super Bowl in New Orleans together, records show.

The check for attorney fees and expenses was written on a Heritage National Insurance Co. bank account, even though the chief executive of that failed company contends the legal bill should not have been paid.

The legislative committee is investigating whether Fisher's activities warrant impeachment. The committee will forward its recommendation to the full House, which will then vote on whether to continue with impeachment proceedings.

Committee chairman Rep. Opio Toure said the panel also received documents it requested from the state Ethics Commission. Fisher was reprimanded by the Ethics Commission last year for using his official position to obtain confidential employment records of his opponent, Doug Barry, during his 2002 re-election campaign.

The committee directed Bailey to interview Barry and other "relevant witnesses" and brief members during its next meeting on April 28.