The city of Tulsa came close to not filing an amicus brief in support of the state’s effort to overturn or limit the U.S. Supreme Court’s McGirt ruling despite receiving calls from CEOs of some of the region’s largest employers urging it to do so.
In response to questions from the Tulsa World, Mayor G.T. Bynum outlined the series of events that put the filing in jeopardy and triggered the response from area business leaders.
“I received an initial draft pretty close to when our deadline was that I thought was just not in keeping of the spirit of the relationship that I have tried to have with the tribes,” Bynum said. “My intent with our brief was much more to just convey the reality of what our (police) officers in the field were experiencing and the challenges that they and the courts and crime victims were experiencing, not to attack the tribes or convey any sort of ill intent on their part, because I don’t think there is.”
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Bynum said he told the City Attorney’s Office that if the city was not afforded time to revise the brief it would not submit one, and that message was conveyed to the state Attorney General’s Office.
“And that word spread throughout the community through some means, I don’t know who,” Bynum said. “And then I did start to hear from a number of really major employers in the region … that let me know it was very important to them that we submit this brief, that they have tremendous concerns about the implications of this decision on the economy in eastern Oklahoma, on the predictability of lending and the regulatory environment.”
Bynum also heard from the Governor’s Office — though not from Gov. Kevin Stitt himself — and Attorney General John O’Connor.
“I told both of them, ‘If we have the time to revise it, then we’re going to submit it. But if we don’t, then we’re not,’” Bynum said. “It ended up we were able to make the revisions in the time that it took to submit it.
“And so we worked to revise the draft to be much more factually based and less inflammatory, and that is the brief we ended up submitting.”
The calls from the roughly half-dozen business leaders were not a factor in deciding whether or not to file the brief, Bynum said, but they were enlightening.
“Because it was a realization that there are a lot of significant employers in this region who have grave concerns about the ramifications of this decision but don’t want to get into the kind of public fight that you have seen occurring, and so they are staying under the radar, but their concerns are there,” Bynum said.
He declined to name the businesses he heard from but did explain why he has never spoken publicly about their concerns.
“The main reason was because we felt that, as a city government, our area of expertise to share in this related to law enforcement,” Bynum said. “That is our primary role that is impacted by this decision, and that is what we were asked to submit a brief on.”
Bynum said he has not discussed the impact of the Supreme Court ruling with the Tulsa Regional Chamber. The Chamber declined to answer Friday when asked by the Tulsa World whether the organization supports the city’s decision to file the amicus brief.
“We spoke with our government affairs team, and at this time we don’t have anything to contribute to your story,” Director of Communications Taylor Lippitt said in an email.
The AG’s Office emailed the city on Aug. 17 to ask if it would consider submitting an amicus brief laying out how McGirt was playing out on the ground from both the criminal and civil side. The brief would be due Sept. 6.
The city paid the California-based law firm of Gibson, Dunn & Crutcher LLP $15,000 to prepare the brief. It’s the same firm the city paid $25,000 to prepare a separate amicus brief before McGirt v. Oklahoma was argued at the Supreme Court.
The court ruled in 2020 in the case, finding that Congress had never disestablished the Muscogee Nation reservation, leaving the state of Oklahoma with no jurisdiction to try criminal cases committed by or against American Indians within the tribe’s reservation boundaries.
The ruling has subsequently been applied to the Cherokee, Chickasaw, Choctaw, Seminole and Quapaw reservations.
The city submitted its friend of the court brief in Oklahoma v. Castro-Huerta, one of dozens of petitions the state has filed in its effort to overturn or modify McGirt. The Supreme Court will decide in early January which cases, if any, to accept as challenges to the landmark ruling.
The city’s brief argues in part that the Supreme Court’s ruling has led to confusion over jurisdiction, delays in justice and a lack of prosecutions.
Bynum said the decision to file the brief was not one he took lightly or without careful consideration.
“Because I knew that it would anger our tribal partners who view this as a fight with the state and that they would not want us involved in it,” Bynum said. “But, again, I felt a responsibility, as the largest law enforcement agency impacted by this, that the experience of our officers in the field and the victims that they are trying to assist needed to be shared.”
In recent weeks Bynum has met with city councilors and the chiefs of the Creek, Cherokee and Osage nations to explain his reasoning for filing the brief and to give them an opportunity to question him about the decision.
“I wanted to visit with them (the tribes) and just explain to them why we felt it was necessary to submit this and that they are incredibly important partners to us and that … regardless of what the decision on this is, the city of Tulsa isn’t going anywhere and neither are the three tribal governments or the state of Oklahoma,” Bynum said. “So it is really important that all of us work together moving forward to make this the best place it can be for the people that live here.”
The Muscogee Nation Creek Nation could not be reached for comment.
McGirt v. Oklahoma: Supreme Court decision and aftermath
May 2024: McGirt released from prison
Jimcy McGirt, 75, a citizen of the Seminole Nation, is living with a relative in the rural town of Spaulding, located about 5 miles southwest of Holdenville in Hughes County, according to court and online records.
May 2, 2024: Release expected soon for Jimcy McGirt
Jimcy McGirt, the inmate whose U.S. Supreme Court case rewrote Oklahoma criminal justice procedure in the state, is expected to be released soon after a judge on May 2 signed off on a plea agreement reached earlier with federal prosecutors.
Feb. 19, 2024: Post-McGirt inequality for Black freedmen prompts Cherokee Nation to lobby Congress
The Cherokee Nation is lobbying Congress to address justice system inequality for freedmen descendants, a result of the 2020 McGirt decision in the Supreme Court, by changing the Major Crimes Act.
Feb. 5, 2024: Gov. Kevin Stitt takes aim at tribes as legislative session begins
In his State of the State speech, Stitt said: “Many Oklahomans I talk to want clarity about who has authority to do what in our state. That’s because today, our state is still dealing with the fallout from the McGirt decision. It’s a decision that has rocked our state and caused division where previously there was none.”
Jan. 16, 2024: Tribal citizen fighting state income tax argues before Oklahoma Supreme Court
The Oklahoma Supreme Court heard oral arguments in a case to determine whether a Muscogee Nation tribal citizen living and working in the newly reaffirmed reservation must pay individual income taxes to the state.
Jan. 9, 2024: Oklahoma's Five Tribes unify to reject Stitt's task force on McGirt impact
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.
Dec. 22, 2023: Gov. Stitt announces McGirt task force
Gov. Kevin Stitt created through executive order a 13-member task force to address what he called “uncertainty and tension” caused by the U.S. Supreme Court’s 2020 ruling in McGirt v. Oklahoma.
December 2023: Tribal sovereignty dispute results in scuffle between Okmulgee jailer, Lighthorse police
A dispute over tribal sovereignty and jurisdiction at the Okmulgee County jail resulted in a physical altercation between a jailer and the Lighthorse Police Department’s deputy chief, according to Muscogee Nation officials.
Dec. 5, 2023: Jimcy McGirt pleads guilty days before retrial
On the eve of his retrial, Jimcy McGirt for the first time admitted to sexually abusing a child in 1996 in exchange for a 30-year prison sentence with credit for time he has already served.
Aug. 4, 2023: Stay denied in ban on city of Tulsa issuing tickets to tribal citizens
The U.S. Supreme Court denied a request by the city of Tulsa to delay implementation of a court ruling that said the city did not have jurisdiction to cite tribal citizens for traffic violations within the Muscogee and Cherokee reservations.
June 20, 2023: New trial ordered for McGirt
A federal appellate court panel overturned Jimcy McGirt’s sexual abuse convictions after finding that the trial judge gave an improper instruction to the jury.
May 11, 2023: Ottawa, Peoria and Miami reservations still exist, court rules
The ruling also applies to the Miami Tribe, since it shares its reservation with the Peoria tribe, according to an attorney for both tribes.
The ruling means criminal cases involving tribal members as victims can’t be tried by the state of Oklahoma if the crime occurred within one of those nations’ reservation boundaries.
Feb. 26, 2023: Tulsa County Public Defenders Office in 'better shape' than most
The Tulsa County Public Defenders Office is aware of the industry struggles but is substantially more stable than some other offices in and outside the state, Chief Public Defender Corbin Brewster said.
“In the last two years alone, our office lost 12 attorneys to higher-paying jobs that became available in federal and tribal courts in the wake of McGirt,” Brewster said.
Feb. 2, 2023: Court strikes down challenge by Choctaw Nation couple
Federal court is not the place to resolve the legal issue regarding whether the U.S. Supreme Court’s McGirt ruling and others prohibit the state of Oklahoma from levying income tax on tribal members who live and work in “Indian Country” under their tribe’s jurisdiction, a judge has ruled.
Aug. 19, 2022: State backs Tulsa on McGirt-related traffic ticket appeal
The state of Oklahoma is backing the city of Tulsa in a court appeal regarding the city’s right to issue traffic tickets to tribal members.
A friend of the court brief filed by the state Attorney General’s Office in the case cites a recent U.S. Supreme Court ruling as evidence backing its claim.
July 23, 2022: Oklahoma AG tells state prosecutors to pursue Indian country cases
“All Oklahoma district attorneys and law enforcement agencies should resume pursuing state prosecutions of non-Indian offenders throughout Oklahoma, regardless of whether the location is considered Indian country,” the memorandum reads in part.
“The race or ethnicity of the victim is no longer relevant to whether the State can prosecute a crime; we can now protect Oklahoma victims on a much more equal basis. Moreover, law enforcement officers should give their respective district attorneys the option to prosecute any non-Indian criminal defendants first, before any such case is referred to the federal government for prosecution.”
July 12, 2022: Cherokee Businesses to contribute $10 million for expansion of tribe's law enforcement
Cherokee Nation Businesses will contribute another $10 million to the tribe’s effort to expand law enforcement capabilities in the wake of the U.S. Supreme Court’s McGirt decision, officials announced.
The money will help recruit, train and equip new Cherokee marshals in towns all across northeastern Oklahoma said Shannon Buhl, the tribe’s head law enforcement officer.
July 4, 2022: Prosecutors diving into cases involving non-tribal members victimizing tribal members
The Supreme Court’s ruling says the state shares criminal jurisdiction with federal prosecutors in such cases.
The tribes and federal government retain jurisdiction over cases involving defendants who are tribal citizens in crimes committed on reservations.
June 29, 2022: Oklahoma can prosecute non-tribal citizens on tribal land
In a ruling that greatly limits how the U.S. Supreme Court’s 2020 McGirt ruling can be applied, the high court ruled that the state of Oklahoma can prosecute non-tribal citizens who are accused of committing crimes against tribal citizens on reservation land.
The court’s 5-4 ruling, which clarifies its McGirt decision, is a victory for Oklahoma Attorney Gen. John O’Connor, state prosecutors and Gov. Kevin Stitt, who had argued against a state appellate court ruling that said otherwise.
June 19, 2022: Power generating company drops McGirt-based challenge to property taxes
A Wagoner County electric power generating company has decided to not seek a judicial ruling regarding whether the county assessor there can levy and assess ad valorem tax on personal property while also within a tribal reservation.
Oneta Power LLC earlier this month dropped its request for a declaratory judgment regarding the impact, if any, of the Supreme Court’s 2020 McGirt decision on county ad valorem taxes for properties within one of the six newly recognized tribal reservations in the state.
The Oneta Power LLC facility, 25142 E. 105th St. in Broken Arrow, is within the boundaries of the Muscogee Nation.
June 2, 2022: Cherokee Nation drops plan to turn north Tulsa property into a courthouse
The Cherokee Nation says it no longer intends to turn a north Tulsa commercial property into a courthouse.
The announcement comes a week after Cherokee Nation Principal Chief Chuck Hoskin Jr. went on social media to dispel a rumor that the tribe intended to place a jail in the North Pointe Shopping Center.
He also agreed to postpone the tribe’s appearance before a city zoning board until June 28 to give all parties involved, including residents of north Tulsa, more time to discuss the proposal.
“Cherokee Nation has been listening carefully to the concerns of community leaders of north Tulsa about our potential purchase of the North Pointe property,” Hoskin said in a prepared statement. “Based on these concerns, we are no longer exploring using the space for a courthouse. We are also no longer seeking a zoning variance from the Tulsa Board of Adjustment.”
April 24, 2022: Gov. Stitt concerned about what McGirt ruling doesn't say, its far-reaching interpretations
A U.S. Supreme Court ruling that expressly limits the scope of its 2020 McGirt decision to major criminal cases would be an acceptable if not optimal result of the state’s ongoing litigation in the matter, Gov. Kevin Stitt said Friday.
“If it’s limited just to criminal (cases), we can absolutely fix this,” Stitt said during a visit to the Tulsa World. “We absolutely can sit down and fix this.”
April 13, 2022: City can still issue traffic citations to Native citizens
A 19th century-era federal law grants Oklahoma cities in Indian Country jurisdiction over all of its inhabitants, including Native Americans, when they violate municipal ordinances in spite of the McGirt decision, a judge has ruled.
U.S. District Judge William P. Johnson issued the ruling in response to an appeal filed by Justin Hooper, a Choctaw man who challenged the legality of the city of Tulsa prosecuting him for a traffic ticket issued to him by a city of Tulsa police officer.
March 31, 2022: Gov. Stitt calls McGirt ruling 'preposterous' on Fox News' 'Tucker Carlson Tonight'
Gov. Kevin Stitt agreed with Fox News host Tucker Carlson on Wednesday that the U.S. Supreme Court’s McGirt ruling is based on race and means people in Oklahoma are treated differently by law enforcement depending upon the racial category they’re in.
“The state — if there is an Indian involved — has lost jurisdiction to prosecute those crimes; our police have lost jurisdiction,” Stitt told Carlson. “When you think about ‘who’s an Indian,’ you could be one-500th, one-1,000th.”
March 9, 2022: City of Tulsa says McGirt ruling makes tribal members second-class citizens
Native American crime victims have been treated like second-class citizens as many criminal cases involving them have gone unprosecuted since the landmark McGirt ruling, the city of Tulsa said in a U.S. Supreme Court filing.
“Tulsa police officers have referred thousands of cases to federal prosecutors and tribal authorities — but only a tiny fraction of these cases have been meaningfully prosecuted,” the city claimed in a friend of the court brief filed with the Supreme Court.
Feb. 23, 2022: Supreme Court won't hear McGirt arguments from state of Oklahoma
The U.S. Supreme Court declined to hear 19 criminal cases involving Oklahoma defendants, most of whom were challenging the state’s decision that the 2020 McGirt ruling was not retroactive.
Among those losing appeals were seven inmates challenging their murder convictions and death sentences at least in part based on McGirt claims.
Feb. 22, 2022: Federal lawsuit challenges Oklahoma's right to tax Native Americans
Harold Meashintubby and Nellie Meashintubby of McAlester have asked a judge to decide whether the rationale behind the U.S. Supreme Court’s landmark 2020 McGirt decision also applies to civil tax matters.
In their complaint, the couple cites prior court decisions finding tribal citizens exempt from state taxes when they work and live on the reservation.
Related: Oklahoma should refund Muscogee citizen's income taxes, administrative judge concludes
Feb. 7, 2022: Gov. Stitt says ‘That’s not fair' regarding McGirt-related case at State of the State
Pamela Sue Chuculate-Sequichie remained impassive and stern while showcasing her fight for justice in front of dozens of Oklahoma policy makers.
Gov. Kevin Stitt was using her late son as an example of protecting law and order, especially related to the McGirt decision, in his fourth State of the State Address in Oklahoma City.
Feb. 2, 2022: 'It is not too late for us to begin anew,' Muscogee Nation Chief says
As part of his annual State of the Nation address, Muscogee Nation Principal Chief David Hill said his administration is thankful for its partners and is still open to collaborating about the future of public safety on the reservation.
“To those who have refused to collaborate and have instead sought to sow chaos, fear and misunderstanding, I would extend yet another invitation to join us,” he said. “It is not too late for us to begin anew. If you’re willing to put your past rhetoric behind you, so are we."
Jan. 22, 2022: Supreme Court lets McGirt ruling stand, will consider letting Oklahoma share jurisdiction
The U.S. Supreme Court rejected a request by the state of Oklahoma to overrule its landmark 2020 McGirt ruling but said it would consider whether to allow the state to prosecute non-Indians who commit crimes against tribal members in Indian Country.
The decision not to overturn its own ruling is a blow to Oklahoma Attorney General John O’Connor, Gov. Kevin Stitt and state prosecutors who objected to the ruling and others who had determined the state lacked criminal jurisdiction over crimes involving American Indians in most of eastern Oklahoma.
Jan. 9, 2022: Most released due to McGirt have been charged either federally or tribally, Tulsa World analysis finds
As the U.S. Supreme Court weighs whether to revisit its landmark McGirt ruling, new Oklahoma data indicates that the decision has caused the release of 235 inmates from prison, about a quarter of whom were released directly to the street with no federal or tribal charges filed, according to state records.
The rest, more than 71%, were charged either in federal or tribal court or held on unrelated charges.
Of the 68 released to the street, a little more than half were serving nonviolent or drug-related charges, while the rest were in prison for violent and/or sexually related offenses.
Dec. 14, 2021: Tribal leaders sound off as Stitt seeks change to hunting, fishing license compacts
The state of Oklahoma and the Cherokee and Choctaw tribes signed compacts for tribal hunting and fishing licenses that went into effect in 2016. But after Oklahoma Gov. Kevin Stitt refused to renew the compacts at the existing rate after they expire at the end of the year, the Cherokee and Choctaw nations have announced that they will open hunting and fishing within their reservations to their citizens without state licenses.
“Gov. Stitt believes that all Oklahomans should receive equal treatment under the law and offered both the Cherokee Nation and the Choctaw Nation the opportunity to enter a compact to purchase licenses for their members by paying the same price (as) Oklahomans who are not tribal members,” said Charlie Hannema, a Stitt spokesman.
State game wardens will remain deputized on Cherokee land; the agreement that took effect one month after the Supreme Court's landmark McGirt decision will remain in place between the Cherokee Nation and Oklahoma Department of Wildlife Conservation, according to state officials.
Dec. 12, 2021: Cherokee Nation disputes state's claim McGirt ruling has caused 'chaos'
Dec. 12, 2021: Tribal leaders in Oklahoma continue to challenge the legal foundations upon which the state has built its arguments against the McGirt ruling before the U.S. Supreme Court on Jan. 7.
Since the Oklahoma Court of Criminal Appeals acknowledged in March that the Cherokee Nation reservation had never been disestablished, the nation has filed charges in 261 of 395 cases the Tulsa County District Attorney’s Office has identified as raising McGirt challenges, the tribe said in its brief.
Oct. 30, 2021: Cherokee Nation officials (pictured, Chief Chuck Hoskin Jr.) assailed the state of Oklahoma’s attempts to overturn the U.S. Supreme Court’s landmark McGirt ruling and defended the tribe’s handling of hundreds of cases that have resulted from the decision.
Oct. 28, 2021: Tulsa Indian Affairs Commission asks city to withdraw brief on McGirt
Oct. 28, 2021: The Greater Tulsa Indian Affairs Commission voted unanimously at a special meeting to send a letter to Mayor G.T. Bynum and the Tulsa City Council requesting that the city withdraw its amicus brief in Oklahoma v. Castro-Huerta.
Oct. 21, 2021: State appellate court extends McGirt ruling to include Quapaw Nation
Oct. 21, 2021: A state appellate court expanded the list of tribes whose reservations have never been disestablished by Congress to include the Quapaw Nation. The appellate court cited the U.S. Supreme Court’s McGirt ruling as the reason for deciding the Quapaw Nation had never been disestablished.
Sept. 18, 2021: Oklahoma AG asks Supreme Court again to reverse or limit McGirt
Sept. 18, 2021: State Attorney General John O’Connor filed two new petitions with the U.S. Supreme Court seeking the reversal of last year’s decision reaffirming the Muscogee reservation, or at least a ruling that Oklahoma still has jurisdiction over some crimes involving Native Americans in Indian Country.
Aug. 27, 2021: Gov. Kevin Stitt says McGirt legal decision is state's 'most pressing issue'
Gov. Kevin Stitt again called last year’s McGirt decision Oklahoma’s “most pressing issue” while remaining mostly silent about the resurgence of COVID-19 or the new state law that limits local efforts to control it.
He spoke to the Tulsa Regional Chamber at the Cox Business Convention Center and within the Muscogee Nation less than a mile from its intersections with the Cherokee and Osage nations.
Aug. 26, 2021: Man at center of McGirt landmark legal case sentenced to 3 life sentences
U.S. District Judge John F. Heil III, while upholding the prosecution’s request for a longer sentence than recommended by federal guidelines, ordered McGirt, 72, to serve the life terms concurrently, meaning at the same time.
“This court in good conscience cannot subject the public to the defendant’s predatory ways,” Heil said before sentencing McGirt.
Aug. 6, 2021: State asks U.S. Supreme Court to overturn landmark McGirt decision
New Oklahoma Attorney General John O’Connor asked the U.S. Supreme Court to overturn a landmark case that has dramatically affected how crimes involving tribal land and members are prosecuted.
The 2020 McGirt ruling and subsequent state appeals court rulings held that certain tribe’s reservations were never disestablished and that therefore the state does not have jurisdiction to prosecute major crimes involving Native Americans in a large portion of eastern Oklahoma, including the city of Tulsa.
Aug. 1, 2021: U.S. House rejects $154 million for tribal judicial systems
Fourth District Congressman Tom Cole's amendment to appropriations "mini-bus" that would have moved $154 million from environmental programs to tribal courts was included in an en bloc vote that failed 232-192.
Four Republicans sided with all Democrats.
The money was intended to help tribal governments deal with an exponentially growing caseload brought about by the U.S. Supreme Court's 2020 McGirt decision.
July 19, 2021: Gov. Stitt sues federal government
The suit, in U.S. District Court in Oklahoma City, challenges the U.S. Interior Department’s announcement several months ago that it is assuming regulation of surface coal mining and reclamation within the boundaries of the Muscogee Nation.
It said its decision was based on McGirt.
July 19, 2021: Osage Nation seeks court affirmation that its reservation also was never disestablished
“Under McGirt, there is no language sufficient to disestablish the Osage Nation Reservation that Congress established in 1872 to be the Osage Nation’s permanent home, using the Osage Nation’s own money to pay for it,” the tribe’s attorneys wrote. “The court should hold Congress to its word.”
July 13, 2021: Contentious McGirt forum ends early after shout-down from audience
Oklahoma Gov. Kevin Stitt and a panel of district attorneys sought to explain their views on how the U.S. Supreme Court’s McGirt decision had unintended consequences for victims of crime regardless of tribal citizenship.
But Stitt ended the “McGirt v. Oklahoma Community Forum” roughly an hour earlier than planned, descending from the podium to jeers and chants of “Shame on you” due to audience members’ belief that prosecutors disrespected tribal sovereignty.
July 9, 2021: Cherokee Nation highlights expansion of legal system on anniversary of ruling
Before the U.S. Supreme Court changed the nature of criminal prosecutions on tribal land last year, the Cherokee Nation was filing on average six cases per month in its tribal court system, the tribe said.
Now, on the first anniversary of the McGirt v. Oklahoma ruling, the tribe has reported filing more than 1,200 cases so far this year.
July 8, 2021: 'McGirt v. Oklahoma Community Impact Forum' set for July 13; tribal leaders irked
The edginess of affairs between Oklahoma’s largest tribal governments and some state and local officials surfaced again July 8 after tribal leaders took exception to a “community impact forum” on the U.S. Supreme Court’s McGirt decision.
June 10, 2021: '80s serial rapist's claim he is 'Indian' for criminal jurisdictional purposes rejected
A convicted serial rapist who claims his state convictions and seven life sentences should be voided is posing the following question for judges: When does one become an Indian for federal criminal jurisdiction purposes?
Steven Michael Burger, 58, is asking the legal system for the answer as he joins the hundreds of criminal defendants who have challenged their state convictions based on the U.S. Supreme Court’s McGirt decision.
May 26, 2021: U.S. Supreme Court signals they could limit ruling
The Supreme Court granted Oklahoma's request to retain custody of a man who has been on death row for killing three Native Americans, a sign the court may be willing to limit the fallout from last year's ruling that much of eastern Oklahoma remains a tribal reservation.
The action came in the case of Shaun Bosse, whose conviction and death sentence for the murders of Katrina Griffin and her two young children were overturned by a state appeals court.
The order makes it likely that the high court will weigh in soon on the extent of its 5-4 ruling last year in McGirt v. Oklahoma.
May 19, 2021: State-Tribal Litigation Fund bill passes
The Oklahoma legislature passed House Bill 2951, which would create a $10 million “State-Tribal Litigation Fund,” to be controlled by a committee that presently has no members.
Budget Committee Chairman Kevin Wallace, R-Depew said would be used only for litigation stemming from the fallout of the U.S. Supreme Court’s McGirt v. Oklahoma decision on state, federal and tribal jurisdictions, although the bill does not make that distinction.
May 17, 2021: How Cherokee Tribal courts are handling the surge in cases
Judicial systems across the eastern half of the state have seen unprecedented change in how they operate since the U.S. Supreme Court’s McGirt vs. Oklahoma ruling 10 months ago, which found that the state of Oklahoma did not have jurisdiction to prosecute criminal cases when they involve an American Indian and the crime occurs within 1860s-era boundaries of the Muscogee Nation.
Since the Supreme Court ruling, Oklahoma courts have expanded the decision so that it now includes crimes that occur within the reservations of the Cherokee, Chickasaw, Choctaw and Seminole nations.
May 11, 2021: Oklahoma congressman's bill would allow tribes to compact with state on criminal jurisdiction
U.S. Rep. Tom Cole announced his introduction of legislation that, if approved, would grant two Native American tribes the option of compacting with the state of Oklahoma over criminal jurisdiction without the need for involvement from federal officials.
Cole issued a statement saying the proposal for the Cherokee and Chickasaw nations is the product of “several months” of “serious and productive conversations with law enforcement officers across the Fourth District of Oklahoma,” which includes part of the Chickasaw Nation.
May 10, 2021: Cherokee, Chickasaw tribal chiefs announce support for federal legislation
The leaders of the Cherokee and Chickasaw Nations announced their support for federal legislation that would permit the two tribes to compact with the state on criminal jurisdictional matters in light of the U.S. Supreme Court’s McGirt decision.
Cherokee Nation Principal Chief Chuck Hoskin Jr. and Chickasaw Nation Gov. Bill Anoatubby said in a joint statement that they would support “narrow federal legislation that would authorize tribal-state compacting on criminal subject matter jurisdiction.”
April 29, 2021: State appeals court overturns two more death sentences
The Oklahoma Court of Criminal Appeals issued another round of opinions that overturned inmates’ convictions based on tribal jurisdiction claims, including those of five men convicted of murder.
The appellate court overturned eight convictions and stopped a pending prosecution based on the U.S. Supreme Court’s 2020 McGirt ruling and related state court opinions.
April 28, 2021: AG seeks to intervene in case of power plant objecting to property taxes
Attorney General Mike Hunter is seeking to join a Wagoner County lawsuit involving an electric power generating facility that is protesting its property taxes, in part because of a recent U.S. Supreme Court decision involving tribal sovereignty.
In a motion filed in Wagoner County District Court, Hunter seeks to intervene in a lawsuit filed last August by Oneta Power LLC.
April 15, 2021: Appellate court rejects claims of two who failed to prove ancestry
April 14, 2021: Chickasaws question Gov. Stitt's rhetoric about McGirt impact
Gov. Kevin Stitt is using “overtly political rhetoric” to exaggerate some of the problems encountered as criminal jurisdiction is reshaped in eastern Oklahoma in the wake of last year’s momentous U.S. Supreme Court decision, the Chickasaw Nation says.
“While differences over historic rulings are to be expected, the Oklahoma Governor has sensationalized and exaggerated accounts of transitional challenges, which actions have heightened political concerns over the process and undermined faith in law,” the tribe told the Oklahoma Court of Criminal Appeals in a legal brief.
April 9, 2021: Four serving life sentences in state prison to get new trials
Four more inmates serving life in state prisons for murder will see their cases retried in federal court due to the U.S. Supreme Court’s McGirt ruling affecting tribal jurisdictions.
Dallas Gene Hastings, Justin Dale Little (pictured at center), Steve Wayne Lockler Jr. and Gary Dewayne Boggs are the latest state inmates to see charges filed against them in Tulsa federal court.
April 8, 2021: Death-row inmate's state conviction, sentence are in jeopardy
A federal grand jury has indicted an inmate on Oklahoma’s death row, apparently in anticipation that his Rogers County murder conviction and death sentence will be overturned on jurisdictional grounds linked to the McGirt Supreme Court ruling.
Benjamin Robert Cole Sr., 56, faces a federal charge of first-degree murder in Indian Country in connection with the 2002 murder of his 9-month-old daughter, Brianna Cole.
April 8, 2021: State appellate court dismisses five more cases on jurisdictional grounds
The Oklahoma Court of Criminal Appeals overturned five more state convictions, including two with life sentences, on jurisdictional grounds linked to the 2020 Supreme Court McGirt decision.
Among the cases overturned was that of Jeffery Arch Jones, a Broken Arrow man who is serving a 175-year prison term after a Tulsa County jury convicted him in 2017 of five child sex abuse counts.
April 6, 2021: Cherokee AG says some cases dismissed by ruling could go unretried
Cherokee Nation Attorney General Sara Hill said the tribe has been working hard to refile cases dismissed in state court due to the McGirt Supreme Court decision and called upon Congress to pass legislation aimed at resolving issues caused by the landmark ruling.
Hill, speaking during a virtual press conference, said the tribe has filed 440 criminal cases in tribal court in recent weeks in an effort to catch as many cases as it can before state courts release individuals from state prison sentences or pending state charges.
April 1, 2021: State appellate court expands McGirt ruling
The Oklahoma Court of Criminal Appeals overturned the convictions and sentences for eight inmates based upon tribal jurisdictional challenges, including two cases that expanded earlier rulings to now include the Choctaw and Seminole Nation reservations.
All eight rulings stem from the U.S. Supreme Court’s McGirt ruling in July that the Muscogee (Creek) Nation had never been disestablished by Congress for the purposes of federal criminal law, leaving the state of Oklahoma with no jurisdiction to try cases when an American Indian is involved and the crime occurred within the tribe’s historic boundaries.
March 31, 2021: 'Fracture' in criminal system created by decision, Tulsa County DA says
The Supreme Court decision affirming tribal jurisdiction within the Muscogee (Creek) reservation is causing concern at the Tulsa County District Attorney’s Office.
District Attorney Steve Kunzweiler hosted a town hall to speak out about the decision and what he said is a “fracture” in how criminal cases are investigated and prosecuted.
He called on members of the public to talk to their political leaders to come up with a solution to “fix” the divide and make sure victims continue to get justice.
March 18, 2021: Manslaughter conviction for ex-Tulsa Police officer overturned
The Oklahoma Court of Criminal Appeals overturned a state manslaughter conviction and 15-year prison sentence given to a former Tulsa police officer, clearing the way for his eventual release while he faces similar charges in federal court.
The state appellate court found that a landmark U.S. Supreme Court ruling in McGirt v. Oklahoma issued last summer meant Shannon Kepler’s manslaughter conviction and sentence was invalid because the state didn’t have the jurisdiction to prosecute him.
March 14, 2021: Broken Arrow power plant claims county has no authority to levy property taxes
A tax protest like no other is taking place in Wagoner County, which if successful could broadly impact some public schools and other government bodies that rely on property taxes for much of their funding.
Oneta Power LLC, which owns a power plant at 25142 E. 105th St. in Broken Arrow, is challenging an increase in its personal property tax valuation based, in part, on claims that it doesn’t owe the county any property taxes, citing a 2020 U.S. Supreme Court ruling that dealt with tribal jurisdictions.
March 11, 2021: Court ruling means hundreds of state criminal cases will be shifted to tribal or federal courts
Citing a landmark U.S. Supreme Court ruling in McGirt v. Oklahoma issued last year, the Oklahoma Court of Criminal Appeals found that the Chickasaw and Cherokee nations were never formally disestablished by Congress.
Though not unexpected, the rulings mean hundreds of state court cases will have to be shifted either to federal or tribal courts.
March 11, 2021: Cherokees expanding criminal justice system for larger role
With a ruling expected soon to affirm a broader jurisdiction for Cherokee Nation courts, the tribe has already begun a massive expansion of its criminal justice system, Principal Chief Chuck Hoskin Jr. told the Tulsa World.
The tribe will need $35 million a year to fund more courtrooms, more prosecutors, more law enforcement officers and even more detention space, the chief said.
March 7, 2021: Former principal chief isn't happy as McGirt decision hits home
Former principal chief of the Muscogee (Creek) Nation A.D. Ellis said he is feeling the effects of the Supreme Court’s landmark McGirt decision, and he’s not liking it.
Ellis said his family has been struggling to keep apprised of what is happening with their case since he and his wife woke up one late January morning at home to discover two of their pickup trucks were missing.
Ellis said he fears his case and others like it might go nowhere in the criminal justice system since the Supreme Court last summer ruled that the Muscogee (Creek) Nation reservation from the 1860s had never been disestablished by Congress.
March 4, 2021: Rogers County judge dismisses over 100 criminal cases
The district attorney in Rogers County expressed concern regarding a recent court ruling that had the effect of dismissing more than 100 state criminal cases involving Native Americans because of jurisdictional issues.
District Attorney Matt Ballard, whose district includes Rogers County, is referring to a decision by retired District Judge Dwayne Steidley that the DA said would expand a landmark Supreme Court ruling.
Feb. 1, 2021: Gov. Stitt takes on McGirt ruling during State of the State address
Gov. Kevin Stitt, during his annual State of the State address, painted a grim picture of rampant crime, unpaid taxes and society run amok unless questions arising from last year’s McGirt decision are settled soon.
McGirt, said Stitt, is “the most pressing issue facing our state’s future.”
Jan. 28, 2021: McGirt decision impact on state oil and gas industry examined during OEPA briefing
The McGirt decision’s impact on the oil and gas industry was a major topic at a briefing held for state legislators by the Oklahoma Energy Producers Alliance.
OEPA President Dewey Bartlett Jr. presided over the roughly 100-minute online event, during which Oklahoma Attorney General Mike Hunter spoke at length about the state’s economic future.
“One of my most important responsibilities is protecting the state’s economic activities,” Hunter said. “There’s no more important stream of commerce in this state than the exploration and production of hydrocarbons.”
Jan. 23, 2021: Oklahoma governor urges tribes to begin negotiating issues
Gov. Kevin Stitt urged the state’s tribal governments to enter into negotiations with the state over issues arising from last summer’s U.S. Supreme Court decision in McGirt v. Oklahoma.
“It is critically important that the State of Oklahoma and the leaders of Oklahoma’s tribes impacted by the McGirt decision begin negotiations, in earnest, to resolve the potential ramifications of this ruling,” Stitt said in a written statement.
Jan. 15, 2021: Tribes want Congress to allow criminal justice compacts with Oklahoma
Some tribal representatives want Congress to allow them to compact with the state to deal with the implementation of a landmark U.S. Supreme Court case regarding criminal jurisdiction.
“The decision in McGirt substantially changes how crime is prosecuted throughout eastern Oklahoma,” said Sara Hill, Cherokee Nation attorney general.
Other tribes, including the Cherokees, Chickasaws, Choctaws and Seminoles, say the ruling applies to their reservations, as well.
Jan. 8, 2021: Former Tulsa police officer's double-jeopardy, statute-of-limitations claims denied
U.S. District Judge Gregory Frizzell said the Constitution’s prohibition against double jeopardy — multiple prosecutions for the same offense — doesn’t apply in Shannon James Kepler’s case.
Kepler was convicted in Tulsa County District Court of manslaughter in Jeremy Lake’s death, but he has appealed that conviction on the grounds that he was tried in the wrong jurisdiction based on the U.S. Supreme Court’s McGirt ruling last year. He is awaiting a decision from the Oklahoma Court of Criminal Appeals.
“Under the circumstances, a fifth trial does not violate Mr. Kepler’s substantive due process rights,” Frizzell wrote in the opinion.
Jan. 4, 2021: McGirt decision results in record number of criminal federal filings in 2020
Tulsa federal prosecutors obtained a record number of grand jury indictments last year, largely due to a landmark U.S. Supreme Court decision last summer.
A record 291 indictments involving 449 defendants were filed in 2020 in the federal Northern District of Oklahoma, an 11-county region that includes Tulsa. By comparison, U.S. Attorney Trent Shores’ office obtained 202 indictments in 2019 for 366 defendants, said Lennea Montandon, spokesperson for Shores’ office.
Nearly half of the indictments were a result of a July Supreme Court decision.
Nov. 7, 2020: Federal jury finds McGirt guilty in retrial
A jury deliberated about an hour before finding Jimcy McGirt guilty again of sexually molesting a 4-year-old girl in 1996 at a Broken Arrow home.
The guilty verdict follows three days of testimony in Muskogee federal court.
McGirt, 72, was retried after the U.S. Supreme Court in July threw out his 1997 state convictions and no parole life sentence.
Oct. 23, 2020: Gov. Stitt panel releases principles for state-tribe relations
Gov. Kevin Stitt’s Commission on Cooperative Sovereignty released a list of five over-arching principles it proposes the state use in dealing with a landmark U.S. Supreme Court case, but not all of the state’s Native American tribes are happy with it.
Stitt appointed the commission in July to form recommendations in the wake of McGirt v. Oklahoma, a recent U.S. Supreme Court case that determined that the federal government and tribes — not the state — have jurisdiction over major crimes involving tribal citizens in Indian Country, including much of eastern Oklahoma. But the case could impact other areas, such as taxation, as well.
Oct. 5, 2020: McGirt ruling could have impact on state tax collections
A report from the Oklahoma Tax Commission indicates the decision in McGirt v. Oklahoma could reduce the amount of individual income tax and sales and use taxes collected by the state.
“The Oklahoma Tax Commission anticipates a significant, immediate and ongoing fiscal impact resulting from the expanded boundaries of the Muscogee (Creek) Nation under McGirt,” wrote Executive Director Jay Doyle in a letter.
Oct. 1, 2020: Attorney General Bill Barr meets with Cherokee Nation leadership, local federal prosecutors
U.S. Attorney General William Barr said the Department of Justice intends to dedicate more than $7.5 million to the Cherokee Nation as it expands its court system following the Supreme Court’s ruling that the Muscogee (Creek) Nation was not disestablished for purposes of enforcing the federal Major Crimes Act.
In a visit to the Cherokee Nation headquarters, Barr said he was looking forward to discussing how the DOJ and the Cherokee Nation can “jointly meet at least the short-term challenges that we face with the McGirt decision,” named for Seminole Nation citizen Jimcy McGirt.
“Unfortunately, COVID interfered with my travel plans for six months,” Barr said during a press briefing.
Aug. 29, 2020: Man charged in 1990s rapes freed due to McGirt ruling
Leroy Jemol Smith, 50, who was connected by recent DNA tests to several Muskogee rape cases from the 1990s, may not have to face prosecution after a federal court decision ordering his release.
U.S. prosecutors have filed an emergency order to get Smith back in custody to await trial.
Aug. 14, 2020: McGirt makes federal court appearance in child sex abuse case
Jimcy McGirt appeared before a judge via teleconferencing from the Muskogee County jail for his initial appearance on a federal charge of sexual abuse of a minor in Indian Country.
The complaint was filed before he was released from state custody in accordance with the Supreme Court decision, which reversed an Oklahoma Court of Criminal Appeals decision denying his jurisdictional challenge.
Aug. 7, 2020: McGirt-related murder cases increase Tulsa federal court's caseload
The Supreme Court ruling has prompted state officials to dismiss pending cases where the crime occurred within the Muscogee (Creek) Nation reservation and the victim or defendant was American Indian.
Federal officials have picked up the dismissed cases involving major crimes and assumed jurisdiction in new cases where the crime occurred in Indian Country and at least one of the parties was American Indian.
U.S. Attorney Trent Shores said in a statement that a grand jury issued a record 50 indictments this month, including 10 linked to homicides.
Aug. 1, 2020: Feds file charges against two men whose state convictions were overturned
Two men who won appeals that led to the Supreme Court declaring earlier this month that the Muscogee (Creek) Nation reservation was never disestablished, now face charges in federal court. A U.S. District Court magistrate this week approved the filing of criminal complaints against Patrick Dwayne Murphy, 51, and Jimcy McGirt, 71. Murphy was convicted of murder and sentenced to death in state court in connection with the 1999 McIntosh County stabbing and beating death of George Jacobs Sr., 49.
July 29, 2020: Attorneys general for Oklahoma, Cherokee Nation discuss ruling on 'Let's Talk'
Two attorneys general, one for the state of Oklahoma, the other for the Cherokee Nation, agree on at least a few things resulting from a landmark U.S. Supreme Court decision that said Congress never disestablished the Muscogee (Creek) Nation’s reservation.
Those aspects: 1) The court decision did not affect individual property rights; 2) Congress will be needed to close jurisdictional gaps created by the decision; and 3) both the state and the tribes need to work together as Congress considers closing those gaps.
Those issues and more were featured during another Tulsa World “Let’s Talk” virtual town hall program.
July 21, 2020: Gov. Stitt forms commission to study impact of decision on state
Gov. Kevin Stitt announced the formation of a state commission to delve into the ramifications of a U.S. Supreme Court decision that declared much of eastern Oklahoma to still be a Muscogee (Creek) Nation reservation for major crime jurisdictional purposes.
Stitt’s announcement comes after the state attorney general’s attempt a week earlier at presenting a united front to Congress fell apart.
Other commission members include both former and current lawmakers, as well as those representing energy, farm and real estate interests. No tribal representatives were included on the board named by Stitt, although a press release from his office notes that one tribal representative may be included along with a representative from the Attorney General’s Office and the District Attorneys Council.
July 20, 2020: Oklahoma AG tracking scores of appeals that could be affected by decision
The Oklahoma Attorney General’s Office has compiled a list of 178 individuals — including 44 in Tulsa County — who have filed challenges to their state court convictions based on claims that the state of Oklahoma didn’t have jurisdiction to prosecute them.
The list maintained by the Attorney General’s Office includes filings up to April 23 and covers cases both pending and disposed of by court rulings. The list of 178 cases does not include, for the most part, cases still in state district court because the Attorney General’s Office does not receive notice of those, said Alex Gerszewski, a spokesman for Hunter’s office.
July 17, 2020: Attorney general, tribes reach agreement on jurisdictional issues
State and tribal leaders announced that an agreement-in-principle had been reached regarding a proposed federal law that one tribal law expert said would, in part, provide for the state to resume jurisdiction in most criminal cases now under federal control.
State Attorney General Mike Hunter said in a news release that the agreement is the “best path forward for protecting the public and promoting continued economic growth in Oklahoma” despite more details to be worked out.
“My commitment to our tribal partners is to work together to forge common ground on the issues brought to light by this case,” Hunter said. “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.”
July 15, 2020: Ruling could affect case of mother charged with killing children
ANuyaka woman jailed for more than 18 months in the shooting deaths of her two children could face federal prosecution instead of going before an Okmulgee County jury this year due to the children’s Native American ancestry.
Amy Leann Hall, 39, has been in custody without bond since November 2018 on murder charges related to the fatal shooting of her 18-year-old son, Kayson Tolliver, and 16-year-old daughter, Kloee Toliver, at their home near Beggs.
Hall is additionally accused of shooting at her 14-year-old daughter and was ultimately arrested after reportedly leading authorities on a high-speed chase.
July 14, 2020: Homicide in Tulsa 'first real test' of decision
A Tulsa man was accused in the death of his girlfriend, a Cherokee Nation citizen, the day after a landmark U.S. Supreme Court decision that redefined what federal and state prosecutors have historically known as “Indian Country.”
Authorities arrested James Michael Landry, 29, in connection with the fatal shooting of Crystal Bradley, 45, Tulsa Police Lt. Brandon Watkins said. Landry was charged in federal court on a complaint of first-degree murder in Indian Country, according to court documents.
“The day after the Supreme Court ruling that eastern Oklahoma’s an Indian Reservation, we had our first real test of how this will work,” Watkins said.
July 12, 2020: Decision to have little impact on nontribal residents, TU law professor says
Aila Hoss, an expert in American Indian law, said in an interview that while she believes the criminal case won by Jimcy McGirt will be cited in future criminal litigation for “the next decades,” the ruling will have a very limited application in the short term.
“The only thing this case does is reaffirm that states don’t have criminal jurisdiction on tribal reservation lands when we are dealing with an Indian defendant who has been accused of a major crime,” Hoss said.
July 10, 2020: Tribal law expert calls ruling 'most important' in state history
“I think this is the most important decision in Oklahoma history in terms of sovereignty for the state of Oklahoma and sovereignty for the five tribes,” said Mike McBride III, an attorney with Crowe & Dunlevy.
However, McBride said he doesn’t believe that there will be a flood of appeals by tribal members seeking to overturn their state convictions.
“There may be many cases where there’s a Native American who had committed a crime on Indian lands, or Indian Country under the Major Crimes Act statute, that is in jail or prison and would want to challenge that conviction,” McBride said.
July 9, 2020: U.S. Supreme Court's 5-4 decision
The Supreme Court ruled that a large chunk of eastern Oklahoma remains an American Indian reservation, a decision that state and federal officials have warned could throw Oklahoma into chaos. The court’s 5-4 decision, written by Justice Neil Gorsuch, means that Oklahoma prosecutors lack the authority to pursue criminal cases against American Indian defendants in parts of Oklahoma that include most of Tulsa, the second-largest city.
December 2019: U.S. Supreme Court to hear McGirt v. Oklahoma
Jimcy McGirt, 71, is challenging an Oklahoma state court’s jurisdiction over him in his convictions in 1997 for a series of sex crimes. A Wagoner County District Court judge sentenced him that year to more than a millennia in prison.
McGirt was convicted of first-degree rape by instrumentation, lewd molestation and forcible sodomy, all after a former conviction, according to court documents. He previously served a five-year prison term for a sodomy conviction.
“McGirt challenges this judgment and sentence as void without subject matter jurisdiction because McGirt is an enrolled member of the federally recognized Seminole Nation of Oklahoma and the alleged crimes were allegedly committed in Indian Country,” McGirt wrote in his self-filed petition to the U.S. Supreme Court.
The crimes occurred in late 1996 in east Broken Arrow. And, according to the Oklahoma attorney general’s response to the petition, they were committed against a child.
McGirt v. Oklahoma: Supreme Court decision and aftermath
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Staff Writer Kevin Canfield’s most memorable stories of 2021
Tulsans remember the long, colorful and consequential life of Herb Beattie
This was a “favorite” story of mine only because it was a final opportunity to give a city treasure his due. Herb Beattie was a man who worked tirelessly to make Tulsa better, and he wasn’t afraid to ruffle a few feathers along the way. And yet, when he passed away, he was showered with praise by those same people with whom he had butted heads. That’s a life well lived, and I was glad to be able to share it.
With water shutoff looming, Vista Shadow Mountain Apartments tenants searching for answers
Of course, there was nothing enjoyable about writing this story. But it was a story that needed to be told. It was a good reminder that we live in a large city where some people are struggling and some people - including local public officials - are doing what they can to help them. It’s easy to get cynical about politics, but this was an instance where public officials saw a problem and worked to correct it.
Completed Greenwood Rising exhibit now awaits to be filled with stories
I jumped at the opportunity to talk to the guy who was responsible for telling the story of the 1921 Tulsa Race Massacre. Of course, Jake Barton, principal and founder of Local Projects, wouldn’t describe himself as such. And he would be right. But Barton’s company - along with a firm called 1220 - did design, produce and install the exhibits at Greenwood Rising History Center. Hearing how accomplished that was fascinating.
Clark Brewster finds himself in the middle of horse racing's biggest controversy
Anytime you can write a story that involves the Kentucky Derby, scandal and local attorney Clark Brewster, you jump at it. Brewster, a long-time racehorse owner, represented the owner of the horse that won the Kentucky Derby. When Medina Spirit failed a post-race drug test, Brewster’s job was to make sure he retained the title. So he was glad to call back when I texted him for a comment.
Is it art, or is it a sign? Giant chef's knife creates stir in upscale Tulsa neighborhood
This was a fun story to write. Tim Inman, owner and chef at Stonehorse Cafe, thought it would be cool to put a stainless steel knife’s sculpture in his front yard. And to be fair, most people I spoke with in the neighborhood weren’t bothered by it. But one man was, so he filed a complaint with the city. Inspectors came out, lawyers got involved. All for a piece of art. Or was it a sign?
Mayor G.T. Bynum's 'GT PAC' has some city councilors wondering what he's up to, and what's his beef
This story is really just beginning.
<&underline>Mayor Bynum said he supported the creation of the PAC</&underline>as a way to help ensure that his priorities for the city continue to be pursued long after he leaves office. Political action committees are commonplace, but this one irked—or at a minimum, confused—some sitting city councilors who were concerned the mayor’s involvement in city council races could affect their effectiveness to do the city’s work.
