opicinay MIMIRUNNREN eTOSOTOCOS GS IN THE SUPREME COURT OF THE STATE OX HELMED A, 7 STATE OF SAB SHELLEY ZUMWALT, in ber official capacity AUG - 9 2021 Petitioner, JOHN D. HADDEN 7 CLERK HONORABLE ANTHONY L.. BONNER, JR, Case 4149782- District Court Judge for Oklahoma County, Respondent, and RonDa K. OWENS, DARRYL HUBBARD, SELENA FREYMILLER, SHANIKA CROWLEY, VALERIE KILLMAN, MICHAEL LEE PY EBONY WARRIOR, JOHN BALL, MICHELLE BULLOCK, LOGAN BELLEW, SANDIA BELL, Judge: Bonner ‘TUMEEKA BAKER, AND JAY REID Real Parties in Interest. EMERGENCY APPLICATION TO ASSUME ORIGINAL JURISDICTION AND PETITION FOR WRIT OF PROHIBITIONOklahoma Employment Security Commission (OESC) Executive Director Shelley Zumwalt respectfully requests that the Court, pursuant to Article 7, § 4 of the Oklahoma Constitution, assume original jurisdiction and issue a writ of prohibition or other appropriate relief directing Respondent, the Honorable Anthony L. Bonner, J, in his capacity as Oklahoma County District Court Judge, to desist from ordering Director Zumwalt to re-enter federal COVID-19 unemployment benefit programs until this Court reviews Director Zumwalt’s appeal, which should be consolidated with a nearly identical original jurisdiction action that will be heard by referee this Wednesday, August 11. Stewart x. Stitt, No. 119710. In support of this Application and Petition, Petitioner shows the Court: 1, Petitioner, Shelley Zumwalt, is the Executive Director of the Oklahoma Employment Security Commission (OESC) 2. Respondent, the Honorable Anthony L. Bonner, Jr, is an Oklahoma County District Court Judge. 3. As is detailed in the accompanying brief in support, on Friday evening, August 6, Judge Bonner sent an email ordering, without explanation, Director Zumwalt to re-enter federal COVID-19 unemployment benefit programs that Oklahoma withdrew from a month-and-a-half ago in concurrence with an executive order issued by Governor Kevin Stitt. It is undisputed that Oklahoma’s withdrawal from the programs was in full compliance with federal law and the contracts Oklahoma had with the federal government, 4. A writ of prohibit should issue when “(1) a court, officer, ot person has or is about to exercise judicial or quasi-judicial power; (2) the exercise of said power is unauthorized by law; and 9) the exercise of that power will result in injury for which there is no other adequate remedy.” James, 1987 OK 20, 734 P.2d 1298, 1299 (citation omitted)). 5. This mandamus order was made by a judicial officer.6. This mandamus order was not authorized by law. Rather, the law holds that mandamus can only issue against a state official when there is no doubt that the action should be taken, no discretion vested in the state official, and no unreasonable delay on the part of the plaintiffs. Here, as explained in the accompanying brief in support and developed even more so in the brief below, doubt abounds in the text and context of the state statute at issue, the Legislature has given the Governor discretion to act and interact with the federal government during emergencies, and plaintiffs did not file their lawsuit until gfér Oklahoma withdrew from the programs, despite receiving notice over a month prior. 7. The State will be injured by being forced “immediately” into massive programs that its elected officials have decided are now more injurious than helpful, and by being subject to potentially conflicting orders in two parallel actions—one in the district court and one in a separate action before this court. 8. This Court is the appropriate location for this action because its original jurisdiction extends to “general superintending control over all inferior courts,” Okla. Const. Art. VII, § 4, and because a nearly identical case is about to be heard by one of this Court’s referees this very week. WHEREFORE, Petitioners pray that this Court assume original jurisdiction of this matter and issue a writ of prohibition or other appropriate relief.Respectfully submitted, y OBA 30768 Assistant Salictor General ANDY N. FERGUSON, OBA 33388 Staff Attorney OFPICE oF ATTORNEY GENERAL STATE OF OKLAHOMA 313 NE. 2st Street Oklahoma City, OK 73105 Direct: (405) 522 - 4798 zach.west@oag.ok gov Cannsel for Petitioner CERTIFICATE OF SERVICE ‘This is to certify that on the 9th day of August, 2021, a true and correct copy of the above was ‘mailed via first class U.S. mail, postage prepaid to the following: Dana Jim Brendan M. McHugh ROUTE 66 ATTORNEYS, LLC P.O. Box 1392 Claremore OK 74018-1392, Attorneys for Real Parties in Interest Chad Smith. P.O. Box 11324 Palm Desert, CA 92255 Attorney jor Real Party in Interest A true and correct copy was hand-delivered to the following: Hon. Anthony L. Bonner, Jr District Judge Oklahoma County Courthouse 321 Park Avenue Rmi# 304 Oklahoma City, OK 73102