Oklahoma, tribal leaders seek help from Congress on criminal jurisdiction
As eastern Oklahoma’s transformation to Indian reservations took a leap forward last week, some state and tribal leaders renewed their call for Congress to allow them to forge agreements for prosecuting criminal cases.
Oklahoma Attorney General Mike Hunter said recent discussions with members of Oklahoma’s congressional delegation “give me optimism and confidence that they’re going to move as quickly as this situation requires” to introduce legislation.
“The Cherokee and Chickasaw (leaders) are asking and supporting authority from Congress to compact with the state to share criminal jurisdiction,” Hunter said in an interview. “I’m hopeful that happens in the next few months and we look forward to working with the federal government and the tribes.”
Hunter’s comments followed the release on Thursday of two decisions by the Oklahoma Court of Criminal Appeals that formally extended the U.S. Supreme Court’s ruling in the McGirt case to the Cherokee and Chickasaw reservations.
The decisions, once they are fully in effect, means the tribes and the federal government will have jurisdiction over crimes involving Indians on the two reservations; that is currently the situation on the Creek reservation. It also will mean past state convictions in crimes involving Indians on the reservations likely will be overturned.
Rulings from the Oklahoma Court of Criminal Appeals extending the McGirt decision to the Choctaw and Seminole reservations are expected soon. Those will complete the process begun when the Supreme Court ruled last July that the Muscogee (Creek) Reservation had never been disestablished and that Jimcy McGirt, a convicted child rapist, should have been tried in federal — rather than state — court because he is Native American and the crime occurred on the Creek reservation.
Because of the shared history of the Five Tribes — their forced relocation to Indian Territory and the similarities of their treaties with the U.S. government — it was widely anticipated the McGirt decision would apply to the Cherokee, Chickasaw, Choctaw and Seminole Nations.
Cherokee Nation Principal Chief Chuck Hoskin Jr. and Chickasaw Nation Gov. Bill Anoatubby, whose governments have been beefing up law enforcement and court systems in preparation for the decisions that came down Thursday, have been calling for Congress to allow Oklahoma prosecutors to share criminal jurisdiction.
Hoskin said the Cherokee Nation believes “Congress must authorize compacting that preserves 100% of McGirt and give tribes and the state increased flexibility and the option to cooperate to a greater degree on criminal matters.”
Anoatubby said, “We will continue the work we began long ago with the Oklahoma Attorney General and other Tribal sovereigns to secure narrow federal law authorization to form durable compacts with Oklahoma on matters of criminal subject matter jurisdiction.
“Recognizing our manifest shared interest in ensuring public safety for all, we continue to welcome the State of Oklahoma to partner with us fully in this effort.”
Sen. Jim Inhofe, R-Tulsa, who will be a key player in moving legislation, said in a statement to The…
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