Few tools are as powerful as a deep understanding of history in the complex world of legal advocacy. Former Oklahoma Attorney General Mike Hunter exemplifies how historical knowledge can shape a distinguished legal career and influence public policy.

“I was trained to be an historian and devolved into an attorney, but history has been an important tool, very, very important asset for me in my career,” Mike Hunter shares. “Knowing the background of things, knowing how things evolved or devolved, how we got to where we are, is valuable and it was really valuable in my work with the Native American tribes.”

Hunter’s academic journey began at Oklahoma State University, where he earned his undergraduate degree in 1978. He then obtained his law degree from the University of Oklahoma College of Law in 1982, serving as president of the student bar association during his time there. Upon graduation, he entered private practice, specializing in energy, real property, public employment law, and utility regulation.

This diverse legal experience, combined with his historical training, allowed Hunter to approach legal issues with a broader perspective, understanding not just the letter of the law but the context in which laws were created and how they evolved.

Navigating Tribal Relations: A Historical Tightrope

Perhaps nowhere was Mike Hunter’s historical insight more evident than in his dealings with Native American tribes in Oklahoma. The state’s unique demographic makeup, with the second-most significant number of federally recognized tribes of any state, presented challenges and opportunities.

“The history of how we colonized, particularly the American West is, I’ll be delicate here, I’d say it’s checkered,” says Hunter. “How Native Americans were treated in Oklahoma is, in some instances, horribly, horribly unfair way.

“I always tried to have the history in my mind. I always tried to have the law and the policy and I tried to bring all those things together in a respectful, productive way. I guess a couple of examples there was litigation, multiyear litigation over water rights.

“The city of Oklahoma City wanted to build a pipeline to the southeast part of the state, principally to a lake called Lake Sardis. So the tribes challenged that, Lake Sardis lies within both the Chickasaw and Choctaw historic lands.”

This historical perspective allowed Hunter to navigate the delicate balance between tribal sovereignty and state interests. He was crucial in negotiating a settlement in the long-standing water rights dispute between the state, the city of Oklahoma City, and the Chickasaw and Choctaw tribes

The Opioid Crisis: Leveraging History for Public Health

Perhaps Mike Hunter’s greatest achievement to date was his innovative approach to tackling the devastating opioid crisis. He drew upon historical precedents to craft a novel legal approach, framing the epidemic as a “public nuisance.”

Hunter’s lawsuit against Johnson & Johnson alleged that the company had created a public nuisance by flooding the market with opioids and downplaying their addictive potential. This approach was innovative in its application to a public health crisis, drawing parallels with historical cases involving environmental pollution or other widespread harms to public welfare.

The trial began in May 2019 and was the first of its kind to reach court. On Aug. 26, 2019, Judge Thad Balkman ordered Johnson & Johnson to pay $572 million to the state of Oklahoma. This verdict was groundbreaking, marking the first time a court had held a pharmaceutical company responsible for the opioid crisis.

Balkman affirmed that Johnson & Johnson had created a “public nuisance.”

“The state met its burden,” Balkman said in his comments. “This is a temporary public nuisance that can be abated and the proper remedy for the public nuisance is equitable abatement.”

Unfortunately, the Oklahoma Supreme Court overturned the verdict.

Leadership Lessons From History

Throughout his career, Hunter consistently demonstrated how historical knowledge can enhance leadership in the legal field. His approach offers several valuable lessons:

1. Context is crucial: Understanding the historical context of legal issues can lead to more effectual and equitable solutions.

2. Precedent is powerful: Knowledge of historical precedents will always inform innovative legal strategies.

3. Relationships matter: Awareness of historical relationships, particularly in areas like tribal law, can facilitate more productive negotiations.

4. Long-term perspective: Historical insight encourages leaders to consider the long-term implications of their decisions, not just immediate outcomes.

5. Interdisciplinary approach: Hunter’s blend of historical knowledge and legal expertise showcases the value of interdisciplinary thinking in addressing complex societal issues.

Mike Hunter’s Legacy of Informed Advocacy

Mike Hunter’s career is a testament to the value of interdisciplinary knowledge in the legal field. His ability to draw on historical insights to inform legal strategies and public policy decisions has impacted Oklahoma and beyond.

His approach reminds us of the importance of looking to the past to navigate present and future challenges. It underscores that effective legal advocacy isn’t just about knowing the law, but understanding the broader context in which it operates.

In an era of increasing specialization, Mike Hunter’s career highlights the enduring value of a broad, historically informed perspective in the legal profession. It’s a powerful reminder that sometimes, to move forward effectively, we must first look back.