(Update: On Tuesday, June 16, Rob Davis and Scott Loftis advanced to an Aug. 25 runoff election.)
With one candidate filing a federal lawsuit to challenge an Oklahoma law barring judicial candidates from making their political affiliation publicly known, the normally quiet race to be the district judge of Kay and Noble counties could lead to a precedent-establishing decision altering future elections for the bench.
Candidate Scott Loftis, represented by attorneys with the Oklahoma Council of Public Affairs, filed suit in the U.S. District Court for the Western District of Oklahoma against members of the state Council on Judicial Complaints, an executive branch agency that investigates allegations of misconduct against judges.
Loftis made three different First Amendment claims against state law:
- the Oklahoma statute barring judicial candidates from identifying with a political party is an unconstitutional content-based restriction on political speech;
- the Oklahoma Judicial Code of Conduct Rule 4.1(A)(12)-(13) is an unconstitutional content-based restriction on political speech; and
- two Oklahoma Judicial Ethics Advisory Panel opinions are unconstitutional content-based restrictions on political speech.
In a signed declaration, Loftis said he is a registered Republican and wants to campaign as the “conservative, law-and-order candidate.” However, he said he is forced to restrict his political speech owing to the JEAP opinions.
“I now limit my speech because I reasonably fear it will be considered an ethical violation by the Council on Judicial Complaints and subject me to discipline by the Oklahoma Supreme Court or the Court on the Judiciary,” Loftis wrote. “I fear it is not just representing myself as a ‘conservative’ that could result in discipline, but a whole range of topics are now off-limits, because they imply I am a Republican.”
Loftis’ challenge puts him in an odd position. If his constitutional challenge is unsuccessful, his declaration — including his party affiliation — could be interpreted to violate the law he is challenging. As of the publication of this article, the Council on Judicial Complaints had not responded to Loftis’ suit, but U.S. District Judge Timothy DeGiusti issued an order May 28 denying Loftis’ request for expedited response deadlines but granting Loftis’ request for oral arguments and ordering the parties to propose a hearing schedule for no later than the week of July 20.
Meanwhile, incumbent District Judge Lee Turner is facing both Loftis and Rob Davis in the nonpartisan election set for June 16. The Ponca City Area Chamber of Commerce hosted a forum May 29, which was streamed on Facebook and covered by the Kay News Cow publication.
Noble County and Kay County are both in the north-central part of Oklahoma and include the communities of Morrison, Red Rock, Marland, Billings, White Eagle, Alcorn, Tonkawa, Blackwell, Autwine, Braman, Peckham, Chilocco, Hardy, Kildare and Kaw City. The district judge will serve in the courthouses in the county seats of Perry and Newkirk. The largest city in the counties is Ponca City, with approximately 24,000 people.
While 90 percent of Oklahoma’s elected judgeships up for grabs in 2026 were elected by default when candidate filing concluded two months ago, six judicial elections across the state are set for a June 16 primary because more than two candidates filed. Kay and Noble counties’ approximately 33,000 registered voters will choose among Turner, Loftis and Davis, and if no candidate secures majority support, the top two candidates will advance to a November runoff election.
The following candidate biographies were constructed from publicly available information, such as campaign websites, the May 29 forum, court records and social media. Candidates for Kay and Noble counties district judge are presented in alphabetical order.
Rob Davis
Hometown:Â Ponca City
Age:Â 35
Profession/background: Rob Davis was born and raised in Ponca City. He joined the Oklahoma Bar Association in 2019 after graduating from the University of Colorado Law School and has spent his career as a prosecutor, according to his campaign website.
In addition to serving as an assistant district attorney, Davis works as an adjunct instructor for Oklahoma State University.
Platform:Â Davis has advocated increasing “efficiency” and “transparency” in Kay County and Noble County courts. In a campaign video, Davis said he was compelled to run for the bench owing to delays in decisions from the local courts, although he did not name Turner directly.
“I made the decision to run after growing increasingly frustrated with delays and a lack of timely decisions that affects real people and real families. Justice delayed is justice denied, and our communities deserve better,” Davis said. “My approach is simple: show up prepared, listen carefully, apply the law as it is written and make decisions without bias or agenda.”
In another video, Davis argued that while he is the youngest candidate in the race, he still has the experience to serve as district judge by highlighting that his office had recently prevailed when seeking reversals on unspecified rulings from Kay County. The statement was possibly in reference to State v. Russell.
During the May 29 forum, Davis described the duties of a district judge as being three-fold: “to be a facilitator, be an administrator and to be an adjudicator.”
“Courts are important because they provide a forum for dispute resolution,” Davis said in his opening statement. “The reason, then, that I want to pursue this position is because I care about our communities. I care about that particular function that has to be part of our communities.”
Links:Â Website | Facebook | Guardian filings
Scott Loftis
Hometown:Â Tonkawa
Age: 47
Profession/background: Scott Loftis grew up in Wichita, Kansas, graduated from Wichita State University and then earned his juris doctorate from the Oklahoma City University School of Law. He was licensed to practice law in 2004, started his practice as a prosecutor in El Dorado, Kansas, and worked in civil litigation in both Ponca City and Oklahoma City. In 2010, he launched a private practice in Ponca City focused on criminal defense, family law and general civil litigation. He is a member of several conservative organizations, including the Federalist Society, National Rifle Association, Gun Owners of America and the Christian Legal Society.
The Christian Legal Society has generated controversy in Oklahoma for excluding non-heterosexual members. In 2023, the Christian Legal Society formed a chapter at the University of Tulsa College of Law over objections from the student association and law professors for excluding “the LGBTQ+ community,” according to the Collegian.
Loftis has drawn the ire of disbarred attorney-turned-First Amendment auditor Ron Durbin for criminal charges filed against him in 2013 that were later dismissed. Loftis responded to Durbin’s criticism with a lengthy telling of his account of the incident.
Platform:Â Loftis is campaigning as the “conservative law and order” candidate in the normally nonpartisan race. Loftis told the Kay News Cow he believed he was the most conservative candidate in the race.
“The voters are going to have a clear choice in this election, I tend to hold a much more conservative point of view than either of my anticipated opponents, Judge Lee Turner and Assistant District Attorney Rob Davis,” Loftis said. “I am really looking forward to the campaign and making the case to the voters that I will be the independent and impartial judge that they deserve and that my opponents are too out of touch and just way too liberal to be trusted to do what is best for Kay and Noble counties.”
Loftis has criticized the crime rates in Ponca City and has argued his opponents suffer from “Loftis Derangement Syndrome.” He is also endorsed by Larry Schwartz, the elected county attorney for Crowley County, Kansas.
Loftis has also vocally criticized the incumbent Turner. He has argued he “is the grandpa that sees nothing wrong with his driving and wants to keep driving,” comparing him to Boss Hogg and accusing him of having landlords replace tenants’ campaign signs with Turner signs.
During the May 29 forum, Loftis said residents “deserve a district judge who has a genuine work ethic.”
“One of the reasons I decided to run for district judge is that I wanted to play a part in changing the perception and overall opinion that the public has about our local justice system,” Loftis said. “I knew before I started this campaign that the opinion that the public held of our system wasn’t positive. While I’ve been campaigning, it has become clear that the overall perception from the public is that criminal defendants aren’t being held accountable. That’s what I’m hearing the most. We’ve got to make changes.”
Links:Â Website | Facebook | Guardian filings
Lee Turner (incumbent)
Hometown:Â Ponca City
Age:Â 69
Profession/background: According to his official biography, Lee Turner was born in Portales, New Mexico, but grew up in Lawton where he graduated high school. He attended Texas Tech in 1977 before transferring to Cameron University in 1978. After leaving college before graduating, he worked as a Lawton Police Department officer before finishing his degree at Cameron in 1992. He joined the state bar in 1995 after graduating from the University of Oklahoma College of Law.
After obtaining his law license, he worked as an assistant district attorney in Kay County until he entered private practice in 1997. In 2012, he was appointed as a special judge for Kay and Noble counties. He was first elected district judge in 2018 and was reelected in 2022.
Platform:Â On his campaign website, Turner highlights his experience working as a police officer, prosecutor and private practice attorney before joining the bench. According to a press release published by the Kay News Cow, Turner says he “adheres to a strict textualist and constitutionalist approach, applying the law as written while ensuring due process and equal access to the courts for all citizens.”
A campaign video highlights Turner’s years of experience as a judge, attorney and police officer.
“I took an oath that I would follow the law, apply it fairly and apply it impartially. I am not an activist judge. I do not rewrite the law. I enforce the law fairly and firmly and impartially,” Turner said, concluding with a proclamation that “experience matters.”
Turner’s video, which appears to be filmed in the Noble County courtroom and shows Turner in his judicial robes, may violate the Oklahoma Ethics Commission’s Rule 2.14, which bars a state officer from using state property to advocate for their election.
During the May 29 forum, Turner said he has “lived a blessed life” and that he was the most qualified candidate.
“We do not leave our life experience at that courtroom door when we walk in. We bring life with us,” Turner said. “I was a hard-working blue-collar kid from a blue-collar family. I understand the military background. I’m strong on that. Law enforcement, five years. I’ve been an attorney 31 years — prosecutor, defense attorney, doing all kinds of civil practice (…) I was a special judge for six years, I’ve been district judge for eight years. You look at every candidate, I’m the only one that checks every box.”
Links:Â Website | Facebook | Guardian filings
