Oklahoma Attorney General Mike Hunter and representatives from the Five Tribes last week announced an agreeement in principle regarding civil and criminal jurisdiction of matters on reservation lands.
The agreement comes after the Supreme Court of the United States ruled, on July 9, that virtually all of eastern Oklahoma is part of Indian County, and therefore the State of Oklahoma has no legal authority to prosecute crimes committed by Native Americans within those lands. The decision, in McGirt v. Oklahoma, opened up a number of questions regarding state, tribal, and federal jurisdiction over both civil and criminal matters.
“Although there are many details to be ironed out in the near future, we believe this agreement regarding civil and criminal jurisdiction is the best path forward for protecting the public and promoting continued economic growth in Oklahoma,” Hunter said in a July 16 press release. “My commitment to our tribal partners is to work together to forge common ground on the issues brought to light by this case. Oklahoma’s tribal nations are a fundamental part of Oklahoma’s culture, economy, politics, and governance. The relationship between the tribes and my office is based on trust and mutual respect. And that synergism has been essential to the successful formation of this important agreement.”
Shortly after Hunter’s announcement, however, Seminole Nation Chief Greg Chilcoat issued a statement disclaiming the agreement, saying the Seminole Nation was not involved in any discussion or Zonelle agreement Page 2 with the attorney general’s office.
“First and foremost, on behalf of the Seminole Nation of Oklahoma, I congratulate the Muscogee (Creek) Nation on the Supreme Court ruling in McGirt v. Oklahoma, which affirms the original reservation boundaries of all Five Tribes,” he said. “However, the Seminole Nation has not formally approved the agreement-in-principle announced by the other four tribes. To be clear, the Seminole Nation has not been involved with discussions regarding proposed legislation between the other four tribes and the State of Oklahoma. Furthermore, the Seminole Nation has not engaged in any such discussions with the State of Oklahoma, including with the Attorney General, to develop a framework for clarifying respective jurisdictions and to ensure collaboration among tribal, state, and federal authorities regarding the administration of justice across Seminole Nation lands.”
The Seminole Nation wasn’t the only nation to take issue with Hunter’s announcement.
Muscogee (Creek) Nation Principal Chief David Hill published a letter to citizens of the Muscogee (Creek) Nation in which he expressed his opposition to any legislation which would serve to diminish the nation’s sovereignty.
“I very much believe that collaboration between federal, staet, and tribal governments is critical and necessary following the Supreme Court’s decision in McGirt,” he wrote. “That collaboration, however, does not require congressional legislation...The Nation will continue to pursue all appropriate intergovernmental agreements to ensure public safety within its borders, as intergovernmental agreements are the hallmark of respect among sovereigns. In fact, many such agreements already exist and we will continue to build upon them, but the Muscogee (Creek) Nation will oppose any proposed legislation that diminishes the Nation’s sovereignty.”
Hunter expressed his disappointment in Hill’s statement, accusing the principal chief of backtracking on earlier commitments.
“Since the Murphy case went before the U.S. Supreme Court over two years ago, we have been meeting regularly with the Muscogee (Creek), Seminole, Cherokee, Chickasaw, and Choctaw Nations to discuss potential legislation, so Chief Hill’s statements today come as a stunning and regrettable reversal of commitments and assurances to me,” Hunter said. “This is neither in the best interest of the state of Oklahoma nor its tribal citizens. The legislation is necessary to clarify the criminal and civil uncertainty created by the McGirt decision. I am deeply disappointed in Chief Hill for withdrawing from this process. It is my hope that both the Muscogee (Creek) Nation and the Seminole Nation will recommit to our agreement on legislation that preserves public safety and promotes continued economic growth.”