Law enforcement affected by Supreme Court ruling

It may be awhile before the impact of the controversial McGirt v. Oklahoma decision will have on Oklahomans and the tribes.

The court ruled that the Muscogee Creek Nation’s reservation was not properly de-established by Congress during the “allotment era.”

The first impact seems to be that the state can’t prosecute tribe members for breaking the law on reservations, which are expanded due to the decision.

Jimcy McGirt who was convicted in state court of raping a four-year old girl. His lawyers sought a reversal, arguing that McGirt should have been tried in federal court because the crime occurred in the defined Creek reservation.

His victory, by a 5-4 vote, now questions the judicial authority in Eastern Oklahoma over historical lands given to the Five Tribes following the Trail of Tears when they were relocated from this lands in the Eastern United States.

In theory, every tribe member in a state prison who was arrested on a reservation could ask for a retrial in tribal courts. They could possibly be retried in federal court.

Oklahoma’s congressional delegation is at work to figure what this all means.

Tulsa County District Attorney Steve Kunzweiler is working with tribal leaders and U.S. attorneys in the affected area, which includes most of Tulsa.

“My office has prepared for this possibility and we are in direct communications with the United States Attorney’s Office and the Muskogee (Creek) Nation Attorney General’s Office on insuring that eligible offenders are appropriately transferred to those jurisdictions for prosecution,” Kunzweiler said. “I am confident that the strong relationships we have with our federal, tribal and local law enforcement partners will manage this change in the law in a professional manner.”

There needs to be federal solution.

“Today’s Supreme Court ruling determines that the Muscogee (Creek) Nation’s reservation was not dis-established when Oklahoma became a state,” said U.S. Sen. James Lankford. “The work will continue in the days ahead to clarify a framework for criminal and civil regulatory jurisdiction that provides consistency and predictability for all people living and doing business within the state.

“However, I am grateful for the commitment from the state and the 5 Tribes to work with the delegation to craft legislation that ensures that the ruling has a minimal impact on individuals and businesses throughout Oklahoma. Our greatest priority should be to provide for the safety of communities by ensuring those serving time for crimes continue to do so, and individuals that commit crimes are prosecuted to the fullest extent under the law.”

“As we move forward, I have no doubt we can work together with state officials, tribal organizations, and the delegation to find a workable solution for everyone that ensures criminals are prosecuted and brought to justice in the most appropriate manner,” said Sen. Jim Inhofe. “We have a duty to all American citizens to uphold the Constitution and stand up for victim’s rights. Our number one priority will always be the safety of each and every Oklahoman.”

Tulsa Mayor G.T. Bynum sees little impact.

“Creek citizens founded Tulsa, and our successes and challenges are shared,” Bynum said. “They were before the Court’s opinion, and they will continue to be. We remain committed to the same strong cooperative relationship we have had for decades with the Creek Nation, and to the shared obligation among all jurisdictions – city, tribal, county, state, and federal – to serve all Tulsans, city and tribal residents alike.

For most residents and most purposes, recognition of tribal boundaries will not even be noticeable.

“Importantly, the Court’s opinion does not affect private property ownership. Where there is any jurisdictional uncertainty, we will work with our partners to develop mutually respectful cooperative agreements, such as our Intergovernmental Cross-Deputization Agreement, which has been working well for nearly two decades.

This decision will inevitably present further questions of jurisdiction and authority that will need to be resolved. I am grateful that this decision would arrive at a time when we have such a good working relationship between the City of Tulsa and the Creek Nation. I am committed to working with Principal Chief David Hill and his colleagues in the government of the Creek Nation to collaboratively address any issues as they arise.”

In a statement, the tribes said, “The State, the Muscogee (Creek), Cherokee, Chickasaw, Choctaw, and Seminole Nations have made substantial progress toward an agreement to present to Congress and the U.S. Department of Justice addressing and resolving any significant jurisdictional issues raised by the U.S. Supreme Court’s decision in McGirt v. Oklahoma.

“The nations and the state are committed to ensuring that Jimcy McGirt, Patrick Murphy, and all other offenders face justice for the crimes for which they are accused. We have a shared commitment to maintaining public safety and long-term economic prosperity for the Nations and Oklahoma.

“The Nations and the State are committed to implementing a framework of shared jurisdiction that will preserve sovereign interests and rights to self-government while affirming jurisdictional understandings, procedures, laws, and regulations that support public safety, our economy, and private property rights. We will continue our work, confident that we can accomplish more together than any of us could alone.”

Justice Neil Gorsuch wrote the decision.

“Today we are asked whether the land these treaties promised remains an Indian reservation for purposes of federal criminal law. Because Congress has not said otherwise, we hold the government to its word,” Gorsuch wrote. “In reaching our conclusion about what the law demands of us today, we do not pretend to foretell the future and we proceed well aware of the potential for cost and conflict around jurisdictional boundaries, especially ones that have gone unappreciated for so long.  But it is unclear why pessimism should rule the day. With the passage of time, Oklahoma and its Tribes have proven they can work successfully together as partners.”

The Creek Nation reservation once had 3 million acres, including most of Tulsa.

McGirt, 71, is serving a 500-year prison sentence for molesting a child.

“This case didn’t change ownership of any land,” Chaudhuri said.  It didn’t impact the prosecutions of non-Indians in any way. All it did was bring clarity to jurisdictional questions regarding the border, and it enhanced the Creek Nation’s ability as a sovereign nation to work with other sovereign interests to protect people and to work in common interests.”