A court hearing to dismiss a Green Country superintendent’s lawsuit against Oklahoma Schools Superintendent Ryan Walters continued Tuesday.

Bixby Public Schools Superintendent Rob Miller filed a lawsuit against Walters in August, claiming the head of Oklahoma’s public education system made “malicious, libelous and defamatory statements” against him at a July 31 news conference.

At that meeting, Walters called Miller a “liar,” an “embarrassment” and a “clown” in response to questions about the allocation of federal funds to benefit impoverished students.

At the hearing before Judge Daman Cantrell in Tulsa County Court, Walters’ lawyers argued that he had “sovereign immunity,” meaning he could not be held liable for statements he made as a public official.

Attorney Chad Kutmas said the purpose of immunity is to protect elected officials like Walters who may express controversial opinions in the course of their jobs. He said if Walters were held liable, it could set a dangerous precedent.

“It will encourage others to sue Walters and stop him from carrying out his plans as he sees fit,” Kutmas said.

Miller’s lawyers said the immunity does not apply to Walters’ statements.

“There is no sovereign immunity for actions by a government employee that are done in bad faith, and I believe that malicious and false disparagement of a person is necessarily done in bad faith and is outside the scope of government employment,” said attorney Michael Barkett.

Barkett highlighted Walters’ statements about BPS’s finances. At the July news conference, Walters said Bixby was “having all sorts of financial problems,” but the district had been accredited with no deficiencies just days earlier.

Walters’ team argued that Miller is “not his district” and that allegations of financial mismanagement were not a targeted attack.

Cantrell is expected to make a decision on the dismissal request within the next 30 days.