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When a sitting judge tries to order law enforcement to detain an attorney for exercising First Amendment rights, something has gone fundamentally wrong with the system. But in Wagner County, Oklahoma, that exact scenario played out as Judge Doug Kirkwood attempted to force deputies to remove practicing attorney Ron Durbin from the courthouse for the "crime" of recording in publicly accessible areas.
The confrontation reveals a disturbing pattern of judicial overreach and raises serious questions about what happens when judges believe their authority extends beyond the courtroom walls.
The Investigation That Started It All
Durbin arrived in Wagner County following up on two ongoing investigations. First, he was tracking the controversial case of a 911 operator who faced termination despite being married to the chief of police. The county commissioners had spent 20 minutes in executive session but ultimately took no action on her employment.
Second, and more concerning, Durbin had learned that Judge Kirkwood issued an order restricting filming anywhere in the courthouse. Such blanket restrictions on recording in public areas of government buildings raise immediate constitutional red flags.
What happened next would escalate far beyond a simple records request.
The Judge's Impossible Demand
After initially agreeing to speak with Durbin in his chambers, Judge Kirkwood made his position clear: no recording would be allowed anywhere in "his" courthouse, including the elected court clerk's office. When Durbin explained he intended to record in the publicly accessible areas anyway, the judge made a startling offer.
"Well, okay. If you want me to walk down there and then you film and then me ask you not to film and you say, 'No, I'm going to do it.' And then I say, 'Well, I'm going to have you removed,' that's what you want to do?"
The judge was essentially choreographing a constitutional violation, seemingly unaware that his proposed order lacked any legal foundation.
The Smoking Gun Document
The situation became even more troubling when examining the court order itself. The document showed it was supposedly "ordered on June 3rd and signed by the judge," which would have made it active before Durbin's arrival. However, the timestamp at the top revealed it was actually stamped July 22nd at 9:51 a.m., meaning the order was only processed after Durbin was already in the building.
This discrepancy suggests the order was hastily activated in response to Durbin's presence, raising serious questions about the document's legitimacy and timing.
When Officers Recognize Overreach
The most revealing moment came when Judge Kirkwood tried to force deputies to escort Durbin from the building. The conversation that followed exposed the judge's fundamental misunderstanding of his own authority:
"He says you're done. Let's go, sir," the officer said reluctantly.
"For what? What law am I breaking?" Durbin responded.
"It's a directive from the judge," came the uncomfortable reply.
But the officers clearly recognized the problem. They understood that following an unlawful order would expose them to federal liability, and they began looking for ways to avoid enforcing the judge's directive.
The Constitutional Standoff
What happened next reveals the true character of both the judge and the law enforcement officers involved. Judge Kirkwood continued trying to pressure Durbin to leave without actually issuing a direct order, apparently understanding that doing so would create clear grounds for a federal lawsuit.
The deputies found themselves in an impossible position, caught between a judge making unlawful demands and their oath to uphold constitutional rights. To their credit, they chose the Constitution.
But the confrontation was far from over, and what transpired in those final moments would determine whether justice or judicial intimidation would prevail.
Watch the full confrontation to see how Wagner County deputies handled this unprecedented challenge to judicial authority and whether Judge Kirkwood ultimately backed down or doubled down on his constitutional overreach.
