RECORD THEM.

The First Amendment generally protects the right to record public officials, including social workers, when they are performing their duties in a public space or in a way that does not violate other laws (such as wiretapping or privacy laws). However, the extent of this protection depends on where and how the recording takes place. Oklahoma is a one-party consent state (Okla. Stat. tit. 13 § 176.4), meaning you can legally record conversations you are a part of without notifying the other party. However, secretly recording conversations where you are not present (e.g., recording a social worker in a private office through hidden means) could be illegal wiretapping.

Government officials may try to argue that recording interferes with their work or violates privacy laws (e.g., HIPAA if discussing confidential child welfare matters).

However, banning recording outright could violate the First Amendment, especially in cases involving social worker misconduct, wrongful child removals, or court-related matters. Courts balance the right to record against privacy and interference concerns, so it’s best to be open about recording if possible and ensure it’s done in a non-disruptive manner.

Best Practices for Recording Social Workers in Oklahoma

✅ Record in public spaces where there’s no expectation of privacy.

✅ Announce the recording when interacting in private settings to avoid legal issues.

✅ Avoid secretly recording conversations when you are not a participant.

✅ Store copies safely in case the recording is needed as evidence in court.

DOCUMENT, DOCUMENT, DOCUMENT!

As soon as possible after EVERY CONTACT, write down YOUR EXPERIENCE about the event!

Include: date, time, location, officer’s name & badge number [if known - if unknown a description], and any witness statements [including names & contact info].

It is also useful to create a timeline of events leading up to, and following, the incident.  You can add to this document over time as more facts present.

ADDITIONAL TIP:

Purchase a bound notebook [one you cannot remove pages from].  This will be your "Log Book".  Log EVERYTHING. Calls, emails, communications... Who you spoke to, when, agency, etc.  Make note of what you were told, by who [name & title], and when [date & time], as you navigate the accountability process.  

ALWAYS assume a judge or jury may view your log book at a later time.

1. Request copies of medical reports if there were injuries.

2. Submit open records requests to the law enforcement agency [see also: How to Request Records].

3. Contact witnesses and request them to provide you with an "Affidavit of Fact" [see also: What is an Affidavit] 

4. Look up offending officers on The Brady List to see if they have any publicly known incidents of misconduct.

5. Start Filing Complaints.

To file a misconduct grievance against an Oklahoma judge, you should contact the Council on Judicial Complaints (COJC) and submit a written complaint form, either by mail or email, detailing the alleged misconduct.

Mailing address:

1901 N. Lincoln Blvd.

Oklahoma City, OK 73105

Phone:

405-522-4800

Office hours: 8:30a.m. - 4:30p.m., Monday-Friday

Building lobby hours: 8:30a.m.- 5:00p.m.

Download a complaint form or request a complaint form be mailed to you.

In Oklahoma, the OSBI (Oklahoma State Bureau of Investigation) can only respond to requests for investigations from specific entities, including law enforcement agencies, district attorneys, the Governor, the Attorney General, the Council on Judicial Complaints, legislative committees with subpoena powers, and the Director of the Department of Human Services. 

The Governor of Oklahoma has the power to direct the Oklahoma State Bureau of Investigation (OSBI) to investigate criminal activity, as outlined in Oklahoma law, and the OSBI is an assisting agency that responds to requests from various entities, including the Governor. 

He is ONE of few entities who can legally refer cases to OSBI for investigation. 

Currently, under Oklahoma law, only the following entities can request the OSBI's assistance: the Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs; the Chief Medical Examiner; all law enforcement officers including Police Chiefs and Sheriffs; District Attorneys; the Attorney General; the Governor; the Council on Judicial Complaints; the Director of the Department of Human Services; District Court Judges; and legislative committees with subpoena power. 

However, there are limited exceptions, where OSBI has "original jurisdiction" meaning the agency can independently open investigation in the following areas:

• vehicle theft

• oil field theft

• threats against public officials

• violations of the Oklahoma Computer Crimes Act

• violent crimes committed on the state's turnpikes

Groups like the ACLU of Oklahoma or NAACP Legal Defense Fund may provide legal assistance or advocate on your behalf.

A writ of mandamus [forces action] and a writ of prohibition [prevents action] are types of extraordinary court orders, typically issued by a higher court to a lower court or public official. They’re used when no other legal remedy is adequate. 

Writ of Mandamus "Do your job."

Purpose: To compel a government official, public agency, or lower court to perform a duty they are legally required to do.

Example: If a trial court refuses to rule on a motion it is legally obligated to decide, a higher court might issue a writ of mandamus to force the court to make that decision.

Writ of Prohibition "Stop doing that—you’re overstepping."

Purpose: To stop a lower court or public authority from acting beyond its legal power.

Example: If a lower court is about to hold a trial on a matter outside its jurisdiction, a higher court can issue a writ of prohibition to prevent it from proceeding.

You can sue the employee, elected official, Municipality/County, and State of Oklahoma under 42 U.S.C. § 1983 for civil rights violations.

We strongly suggest consult a civil rights attorney to file a case of this nature on your behalf. 

Judges are most often immune from suit, HOWEVER, it is beneficial to familiarize yourself with the EXCEPTIONS to judicial immunity.