NO ‘Get-out-of-Jail’ free card
OKLAHOMA CITY — In light of a U.S. Supreme Court ruling, Oklahoma Attorney General Mike Hunter is asking the state Court of Criminal Appeals for extra guidance regarding Indigenous inmates.
On Monday, Hunter announced his office is filing a brief with the court, asking for clarification on how defendants already in the state court system are to verify their status as tribal citizens and who has the burden of proof to confirm whether a crime occurred on reservation land.
Stemming from inmate relief requests, the inquiry is the result of the recent U.S. Supreme Court’s July ruling in McGirt v. Oklahoma. The high court held that the Muscogee (Creek) Nation’s reservation in eastern Oklahoma was never abolished, thus limiting the state’s jurisdiction over crimes committed across 11 counties, including most of Tulsa.
A citizen of the Seminole Nation of Oklahoma and of Creek descent, Jimcy McGirt, was convicted in 1997 in Wagoner County District Court of first-degree rape, sodomy and lewd molestation of his wife’s underage granddaughter. He is currently serving a 500-year prison sentence.
Citing the 10th Circuit Court ruling in Sharp v. Murphy that the U.S. Congress never formally disestablished the Muscogee (Creek) Nation’s reservation, McGirt argued in his appeal that since the crime happened within the Muscogee (Creek) Nation’s boundaries established via treaty, the state does not have jurisdiction.
Instead, that authority falls to either the federal government or the tribal judicial system, depending on the specific nature of the crime in question. Under the terms of the federal Major Crimes Act, states do not have jurisdiction over felonies committed by tribal citizens on Indian land, including reservations. “The McGirt case does not constitute a get out of prison free card,” Hunter said. “We are not going to allow our justice system to be exploited by individuals who have murdered, raped or committed another crime of a serious nature while the federal government considers whether to re-arrest and adjudicate their case.”
When reached for comment Monday afternoon, officials with the Muscogee (Creek) Nation said they agreed that the McGirt ruling is not a get out of jail free card and reiterated the need for cooperative agreements with state prosecutors.
“Attorney General Hunter laid out plans to address claims from criminals seeking recourse under the ruling,” Muscogee (Creek) Nation Principal Chief David Hill said. “We wholeheartedly support a rigorous process. The Supreme Court decision is all about fixing what was broken in the past to build a better system – not giving criminals a free pass. The simple reality is that today, as before, if you call the police they will come. If you commit a crime, you’ll be brought to justice.
“By definition, historic decisions upend the way things have been done. The goal can’t be simply going back to the old way of doing things; it must be using the jurisdictional clarity provided by the court to build a better system that increases public safety and prosperity for all in the region, while ensuring all functions of government are being met during the transition.”