TULSA - The state of Oklahoma has elected not to seek an appeal in its case against a district attorney awarded more than $7,000 in back pay and unpaid benefits by a district judge earlier this week.
Rex Duncan, a colonel in the Oklahoma Air National Guard and a district attorney for Pawnee and Osage counties, was forced to step down as DA in 2011 due to an 11-month deployment to Afghanistan. Duncan fought the Oklahoma attorney general's decision, and continued his lawsuit against the state despite his re-appointment in 2012.
In a letter released Friday, the AG's office did state it wouldn't be appealing the judgment as of now, but left the door open to return to the matter.
"At some point, either our Supreme Court or the Legislature will need to address the issues presented in this situation," wrote First Assistant Attorney General Tom Bates. "...We could appeal this decision, but given the amount involved and in the interest of justice, it is the recommendation of this office that we not appeal."
Duncan said the ruling provides a precedent for others in a similar situation.