The state Education Department's attorneys all are gone. That affected a board meeting.

The Oklahoma State Department of Education’s team of attorneys apparently has no one left, which left the State Board of Education in a unique situation for its monthly meeting on Thursday.

Instead of having an attorney employed by the agency present agenda items concerning legal matters to the board, the person presenting those items during the meeting instead was a contracted attorney for the board, which is not common practice. The likely reason? A recent run of departures from the state Education Department.

Usually, someone from the agency’s legal division ― such as the general counsel, the agency’s top attorney ― presents items listed in the board agenda’s “legal services” section. But Bryan Cleveland, who had served as the general counsel since January 2023 for the agency, led by state schools Superintendent Ryan Walters, resigned earlier this month.

State schools Superintendent Ryan Walters speaks Thursday during an Oklahoma State Board of Education meeting.
State schools Superintendent Ryan Walters speaks Thursday during an Oklahoma State Board of Education meeting.

Since then, there have been rumblings that the state Education Department's three other known attorneys ― deputy general counsel Andy Ferguson and assistant general counsels Erin Smith and Nathan Downey ― also have left the agency. As of Thursday, there were no attorneys listed on the agency’s website on its “Office of Legal Services” page, a highly unusual situation for a major state agency.

Agency spokesman Dan Isett has yet to confirm that any of the four attorneys have resigned and has refused to release any resignation letters submitted by Cleveland or any of the multiple state Education Department employees ― including the agency's executive director of accreditation and chief of staff ― who have left in March, despite multiple requests by multiple media outlets for those letters.

Walters, an elected state official, usually speaks with reporters after every board meeting. A group of about a dozen reporters waited nearly 15 minutes afterward to speak with Walters on Thursday before being told by Isett that Walters wouldn't answer questions.

Who was the contracted attorney for the Oklahoma State Board of Education?

Without an actively employed agency attorney, the attorney presenting items to the board Thursday was the board’s contracted attorney, Cara Nicklas, who works at Edmond law firm McAlister, McAlister and Nicklas. During the meeting, Walters did not mention to board members that the agency's four attorneys all had left the agency or explain why Nicklas was presenting the legal items to them. No one on the board asked why Nicklas was acting in that role.

The board approved hiring Nicklas as its attorney in October at the recommendation of Cleveland. At the time, Cleveland told board members it was wise to hire Nicklas as a separate counsel, to avoid any conflict of interest if one person, such as Cleveland, tried to serve the legal needs of both the agency and board, which occasionally differ.

Cara Nicklas, attorney for the Oklahoma State Board of Education, listens during the board's meeting Thursday at the Oliver Hodge Building in Oklahoma City.
Cara Nicklas, attorney for the Oklahoma State Board of Education, listens during the board's meeting Thursday at the Oliver Hodge Building in Oklahoma City.

According to her law firm’s website, Nicklas’ expertise is in employment law and civil and business litigation. Her biography on the website said she’s previously worked for the Oklahoma Tax Commission and Oklahoma Employment Security Commission. It does not mention any experience Nicklas might have with education law.

According to a letter submitted to the board in October when it considered her hiring, Nicklas' services are being rendered on an hourly basis, with her hourly rate at $300. In the letter, Nicklas said, "Our representation will be to advise and represent you with respect to general matters coming before the State Board of Education. The scope of our representation may be expanded as directed by you."

Sheena Matin becomes emotional listening to a public comment Thursday during an Oklahoma State Board of Education meeting.
Sheena Matin becomes emotional listening to a public comment Thursday during an Oklahoma State Board of Education meeting.

The board's contract with Nicklas extends until June 30, with five one-year options to renew.

This article originally appeared on Oklahoman: Oklahoma Education Department has no employed attorneys at present