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Felix Clary
ICT + Tulsa World
Oklahoma’s Five Civilized Tribes are unified in rejecting Gov. Kevin Stitt’s planned task force on the impact of the U.S. Supreme Court’s McGirt decision, all agreeing that it operates under false assumptions about the ruling.
Their letter notifying the governor of their rejection was released Tuesday evening, following last week’s Inter-tribal Council meeting at the River Spirit Casino in Tulsa.
They said Stitt’s executive order creating the panel does not give enough seats to tribal representatives.
Two of the 13 seats on the task force were reserved for tribal leaders. The Cherokee, Chickasaw, Choctaw, Muscogee and Seminole tribes called for one representative per tribe on the task force.
“The structure of any task force must also reflect respectful government-to-government dialogue with each of the 38 unique tribes in Oklahoma. The State has no authority to mandate any Tribe to defer to another Tribe to speak on its behalf. When we have a willing partner at the State of Oklahoma, we are fully prepared to move forward,” they wrote.
Stitt said in his order the initiative followed a police scuffle between the Muscogee tribal police and Okmulgee city police at the Okmulgee County jail last month.
“The primary function of government is to protect public safety, and the McGirt decision has created confusion and tension among those that work to serve that function,” Stitt said in his Executive Order 2023-32.
During the scuffle, tribal officers and Okmulgee jailers argued over who had jurisdiction. Stitt blames McGirt for this confusion, and his task force was posed as a solution.
The tribes indicate in their letter that the executive order paints a false picture of the McGirt ruling.
“At its core, the McGirt v Oklahoma decision is a pro-public safety ruling. … Rather than cause uncertainty and wreak havoc, as the Executive Order claims, the McGirt decision has finally restored legitimate legal jurisdiction under clear federal laws and the U.S. Constitution.”
The letter indicates that with certain alterations to the task force, an agreement may be reached.
“We are eager to work with our friends and neighbors to improve coordination in public safety efforts.”
For now, they said they stand in opposition, stating the design of the executive order indicates an effort to “divide rather than unify and to make political points rather than seek genuine solutions.”
The Governor’s Office did not respond to ICT and Tulsa World calls requesting comments about the letter.
The McGirt decision gave tribal sovereignty to tribal nations and their police forces in ruling that criminal cases involving tribal members on tribal lands should not be tried in state court but rather tribal court, unless the crime falls under the Major Crimes Act (1885), in which it would be tried in federal court.
The next quarterly meeting for the Inter-tribal Council is set for April 17-19, hosted by the Chickasaw Nation at the WinStar Casino in Thackerville.
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