David Guten
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David Guten is the chief judge in the Criminal Division of Tulsa county, Oklahoma.[1]
Career
David Guten was appointed to the bench a Special District Judge for the 14th Judicial District in Tulsa County in 2019. He began his career as an Assistant District Attorney for Tulsa County before moving into private practice."[2][3][4] He was a commissioned officer in the United States Air Force and served the Oklahoma Air National Guard as a Judge Advocate General.[5] Guten's was nominated by Governor Kevin Stitt and replaced Judge William J. Musseman Junior.[6] In 2022 he was honored at the Sheriff's Gala.[7] His current term ends in 2026.[8]
Notable cases
In 2020, Guten denied a request for "body camera footage from an incident in which two Tulsa police officers were shot, one fatally" to be made public. District Attorney Steve Kunzweiler said it was a "victory for prosecutors" and accused the defendant's attorney "of trying to sway public opinion through the news media."[9][10][11] The sister of the accused killer David Ware claimed he was acting in self-defense.[12] Ware claimed he feared for his life.[13]
In 2023, Guten was the judge on the custody child-stealing case for Rosario Chico, where he "initially recused himself from the case but then reinserted himself" and it was alleged that Steve Kunzweiler contributed to Judge Guten’s election campaign.[14] An injunction was issued against DA Steve Kunzweiler regarding a petition against DHS on this case.[15] [16]A motion was filed to move the case from Creek County out of Tulsa.[17]
In 2024, Guten dismissed Senator Cody Rogers’ "challenge to the June 18 primary election results that spelled his defeat."[18]
Guten vacated Henry Jamerson's convictions, which District Attorney Steve Kunzweiler fought to overturn on appeal.[19][20][21] Jamerson is suing the city of Tulsa for the DA's conduct.[22][23][24] Guten "faulted the city of Tulsa for not investigating evidence that someone else might have committed the crimes Jamerson was found guilty of committing" and "also faulted the city for not relaying the tip to Jamerson’s attorneys at the time."[25] In July 2024, Guten overturned Jamerson’s convictions "after the victim recanted and DNA evidence that had been stored for years but only recently tested excluded Jamerson as a contributor of the DNA linked to the rape." The court of criminal appeals upheld Guten's ruling.[26]
In September 2025, Guten was the third Tulsa judge to hold an Oklahoma Survivors Act hearing, after Sharon Holmes and Rebecca Nightingale. It was for April Wilkens, the first woman to apply for retroactive relief under the Oklahoma Survivors Act, a law that went into effect in 2024 that grants new sentencing ranges for criminalized survivors. Oklahoma was the first southern state to implement such a law based on its New York precedent.[27][28][29][30] On September 4, 2025, Guten decided on the second day of Wilkens' resentencing hearing that he would give the state's expert witness weight and that Wilkens had not met the burden of proof that her abuse at the hands of Terry Carlton was a substantial contributing factor, though he acknowledged she was a victim of Carlton's domestic violence. Wilkens had a domestic violence expert from the YWCA as well as a forensic psychiatrist testify on her behalf during the hearing, rebutting the report and testimony of the forensic psychologist Dr. Jarrod Steffan who was hired by the state and whose testimony Guten accepted. In closing statements, Guten pointed out that Dr. Steffan cost the state thousands of dollars despite the state, represented by Steve Kunzweiler and Meghan Hilborn, not having any mandate to call forth anyone to testify.[31][32][33][34][35] Oklahoma Appleseed Center for Law and Justice claimed Guten was "misinterpreting the statute" and domestic violence advocates denounced Guten's decision.[36][37][38] Wilkens's attorney said Guten's decision was a "profound setback—not only for April but for the movement of survivors across Oklahoma who believed this law could provide a meaningful path to justice."[39][40][41] Domestic Violence and Intervention Services (DVIS), one of the largest DV organizations in Oklahoma, spoke out against Guten, Kunzweiler, and Hilborn's handling of Wilkens' case,[42] saying that Guten should have given the domestic violence expert for Wilkens weight and pointing out that DAs have discretion in choosing what to fight; criticizing the spending of state resources against women who are not threats to society.[43][44][45][46] DVIS also released a statement denouncing Kunzweiler and Judge Guten, urging their constituents to vote them out.[47] Attorneys for Wilkens announced their plan to appeal Guten's decision but also filed a motion for Guten to reconsider.[48][49] They argued "that the court misinterpreted the Survivors’ Act and excluded crucial testimony from a domestic violence expert."[50][51][52] The CEO of Bama Pies wrote an opinion piece in the Tulsa World in support of April, claiming that "Guten completely disregarded the testimony of one of the most respected experts in the field of domestic violence, stalking and coercive control."[53]
Personal Life
He holds a "Bachelor of Science degree with honors from Oklahoma City University majoring in Criminal Justice, Sociology and Political Science" and later "he graduated from the University of Tulsa, College of Law."[2] Guten is also a lieutenant colonel in the U.S. Air Force and the Oklahoma Air National Guard "where he serves as the deputy staff judge advocate for the 137th Special Operations Wing, Will Rogers Air National Guard Base, Oklahoma City."[54] Guten volunteers for mock trial high school competitions.[55] [56]
His wife is Maura Guten,[57] president and CEO of the Child Abuse Network, a nonprofit.[58][59][60] David Guten also serves as a member of the 2025 - 2026 Monte Casino Board of Directors.[61]
References
- ↑ "Criminal Division". www.tulsacountydistrictcourt.org. Retrieved 2025-09-13.
- ↑ 2.0 2.1 "David Alan Guten". lawyers.justia.com. Retrieved 2025-09-13.
- ↑ "Experience Matters". votejudgeguten2022. Retrieved 2025-09-13.
- ↑ "Judicial Swearing In Ceremony". Issuu. Retrieved 2025-09-13.
- ↑ "David Guten - Lawyer in Tulsa, OK - Avvo". www.avvo.com. Retrieved 2025-09-13.
- ↑ Sinclair, Savannah (2022-08-29). "Guten now unopposed in November race for Oklahoma's 14th judicial district". KTUL. Retrieved 2025-09-15.
- ↑ "#votejudgeguten #electjudgedavidguten #rootin4guten | Judge David Guten". www.linkedin.com. Retrieved 2025-09-13.
- ↑ "David Guten". Ballotpedia. Retrieved 2025-09-13.
- ↑ Polansky, Chris (2020-07-20). "Judge Denies Attorney's Request to Release Video of Tulsa Police Officers Being Shot". Public Radio Tulsa. Retrieved 2025-09-13.
- ↑ "Judge considers releasing video of 2 Tulsa cops being shot". AP News. 2020-07-17. Retrieved 2025-09-17.
- ↑ "Judge holds off releasing video of 2 Tulsa cops being shot". AP News. 2020-07-21. Retrieved 2025-09-17.
- ↑ Hutchins, Ethan (2020-07-20). "ONLY ON 8: Sister of accused police killer David Ware says brother acted in self-defense". KTUL. Retrieved 2025-09-13.
- ↑ "Tulsa cop says he can't recall shooting that killed sergeant". AP News. 2022-04-21. Retrieved 2025-09-17.
- ↑ "Victims Allege Corruption In Tulsa Criminal Justice System". The Oklahoma Eagle. 2023-10-05. Retrieved 2025-09-16.
- ↑ Manchen, Stef (2024-12-19). "Injunction filed against Tulsa DA claims he's interfering with DHS petition". 2 News Oklahoma KJRH Tulsa. Retrieved 2025-09-16.
- ↑ Flores, Isabel (2024-11-13). "Oklahoma judge approves 5k signature petition for investigation into DHS". 2 News Oklahoma KJRH Tulsa. Retrieved 2025-09-16.
- ↑ "Tulsa child stealing case sent to Creek County per Oklahoma Supreme Court order". www.fox23.com. 2023-02-03. Retrieved 2025-09-16.
- ↑ Loveless, Tristan (2024-06-25). "Sen. Cody Rogers alleges 'ballot harvesting' scheme helped Aaron Reinhardt, judge disagrees". NonDoc. Retrieved 2025-09-13.
- ↑ Goforth, Dylan (July 9, 2024). "Tulsa judge tosses rape conviction after man's three-decade quest to prove his innocence". The Frontier. Retrieved 2025-09-13.
- ↑ Mummolo, Burt (2025-04-16). "The case of the destroyed evidence that was never destroyed". KTUL. Retrieved 2025-09-13.
- ↑ Bryan, Max (2024-11-13). "Fight 'to the end': Woman instrumental in wrongful conviction of Tulsa man advocates for him in court". Public Radio Tulsa. Retrieved 2025-09-13.
- ↑ Bryan, Max (2025-04-18). "Man who served 24-year sentence on wrongful conviction sues city, DA". Public Radio Tulsa. Retrieved 2025-09-13.
- ↑ Christy, Erin (2025-04-15). "Wrongful conviction lawsuit claims TPD, DA in decades-long coverup scheme". 2 News Oklahoma KJRH Tulsa. Retrieved 2025-09-13.
- ↑ Christy, Erin (2024-11-12). "REMOVED: 9 years after release, exonerated man no longer on sex offender registry". 2 News Oklahoma KJRH Tulsa. Retrieved 2025-09-15.
- ↑ World, Curtis Killman Tulsa (2025-04-15). "Man sues city of Tulsa, police over 'destroyed' evidence after being ruled innocent". Tulsa World. Retrieved 2025-09-13.
- ↑ World, Curtis Killman Tulsa (2025-09-23). "DA's appeal shot down after Tulsa man's rape conviction overturned". Tulsa World. Retrieved 2025-09-25.
- ↑ Barajas, Michael; Law, Victoria (2024-05-24). "Oklahoma Gives Incarcerated Survivors of Domestic Violence a New Chance at Freedom". Bolts. Retrieved 2025-09-15.
- ↑ Michaels, Samantha. "Domestic violence survivors in prison in Oklahoma just got some help". Mother Jones. Retrieved 2025-09-15.
- ↑ Bishop, Breanna (2024-08-26). "The Oklahoma Thirteen: Domestic Violence Survivors Have a Chance at Justice in Oklahoma". The Sentencing Project. Retrieved 2025-09-15.
- ↑ Empson, Olivia (2024-06-17). "Oklahoma law to allow resentencing for incarcerated domestic violence survivors". The Guardian. ISSN 0261-3077. Retrieved 2025-09-15.
- ↑ Smith, Jessie Christopher. "April Wilkens was seeking early release under the Oklahoma Survivors' Act. A judge said no". The Oklahoman. Retrieved 2025-09-11.
- ↑ "April Wilkens immediately denied sentencing relief under Oklahoma Survivors' Act". Verified News Network. Retrieved 2025-09-11.
- ↑ World, Curtis Killman Tulsa (2025-09-04). "Judge denies woman's resentencing request under Oklahoma Survivors' Act". Tulsa World. Retrieved 2025-09-11.
- ↑ "April Wilkens denied early release under new Oklahoma law". KFOR. 2025.
- ↑ Boblitt, Zach (2025-09-05). "Judge denies April Wilkens' request for resentencing under Oklahoma Survivors' Act". Public Radio Tulsa. Retrieved 2025-09-11.
- ↑ "The OK Survivors' Act in Practice: What April Wilkens's and Erica Harrison's Cases Reveal". Oklahoma Appleseed Center for Law & Justice. Retrieved 2025-09-11.
- ↑ Judge denies April Wilkens' request for early release under Survivors Act. KFOR. 2025-09-05. Retrieved 2025-09-11 – via YouTube.
- ↑ Oklahoma Survivors Justice Coalition denounces denial of relief for April Wilkens. Tulsa's NewsChannel 8. 2025-09-07. Retrieved 2025-09-11 – via YouTube.
- ↑ Cassens Weiss, Debra (2025). "Domestic abuse survivor who was inspiration for new reduced-sentencing law loses bid for release".
- ↑ Thomas, Kilee (2025-09-05). "Oklahoma court ruling raises concerns for domestic violence survivors". KOCO. Retrieved 2025-09-11.
- ↑ "SURVIVOR'S ACT: Judge denies April Wilkens' resentencing request". Yahoo News. 2025-09-05. Retrieved 2025-09-15.
- ↑ Christy, Erin (2025-09-08). "DVIS critical of Tulsa DA's handling of Survivors' Act cases". 2 News Oklahoma KJRH Tulsa. Retrieved 2025-09-11.
- ↑ NewsChannel 8 Interview with Tracey Lyall, CEO of Domestic Violence Intervention Services. Tulsa's NewsChannel 8. 2025-09-08. Retrieved 2025-09-11 – via YouTube.
- ↑ "DVIS condemns judges' ruling denying resentencing for April Wilkens". www.fox23.com. 2025-09-08. Retrieved 2025-09-11.
- ↑ "MSN". www.msn.com. Retrieved 2025-09-15.
- ↑ DV Intervention Services denounces court's denial of April Wilkens' resentencing. Tulsa's NewsChannel 8. 2025-09-14. Retrieved 2025-09-16 – via YouTube.
- ↑ Rose, Brenna; Joslin, Sierra (2025-09-08). "DV Intervention Services denounces court's denial of April Wilkens' resentencing". KTUL. Retrieved 2025-09-11.
- ↑ "OSCN Case Details". www.oscn.net. Retrieved 2025-09-13.
- ↑ Oklahoma News Report (2025-09-15). Judge denies sentencing relief for April Wilkens. Retrieved 2025-09-16 – via YouTube.
- ↑ "Oklahoma inmate asks court to reconsider her case under the OK Survivor's Act". 2025.
- ↑ "Attorney argues judge erred in denying Wilkens' Survivors' Act relief". MSN. 2025.
- ↑ Rose, Brenna (2025-09-15). "Attorney argues judge erred in denying Wilkens' Survivors' Act relief". KTUL. Retrieved 2025-09-16.
- ↑ "Paula Marshall: I don't feel safe in this community after witnessing April Wilkens' hearing". Tulsa World. 2025-09-21. Retrieved 2025-09-21.
- ↑ "College of Law Veterans Day Reception". Events Calendar. Retrieved 2025-09-15.
- ↑ "Mock Trial - Oklahoma Bar Association". 2018-06-13. Retrieved 2025-09-16.
- ↑ "Jenks High School Named Mock Trial State Champion - Oklahoma Bar Association". 2024-03-06. Retrieved 2025-09-16.
- ↑ "Judicial Swearing In Ceremony". Issuu. Retrieved 2025-09-13.
- ↑ Magazine, Sharon Bishop-Baldwin For Tulsa World (2020-10-07). "Women to Watch: Maura Guten knows the importance of 'being there' for kids". Tulsa World. Retrieved 2025-09-13.
- ↑ "Meet the 2016–17 Board – Junior League of Tulsa". Retrieved 2025-09-13.
- ↑ "Oklahoma Magazine". Retrieved 2025-09-13.
- ↑ "Monte Cassino School | Board Leadership". www.montecassino.org. Retrieved 2025-09-13.
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