Tribes Push Back On Gov. Stitt’s Characterization Of Tribal Jurisdiction Ruling

Tribes are pushing back on comments made by Governor Kevin Stitt during Thursday's regional 'State of the State' in Tulsa.

The governor called the Supreme Court ruling on tribal jurisdiction "the most pressing issue" facing Oklahoma.

A Muscogee Nation spokesperson called a few of the governor's comments "false,” adding that issues like COVID-19 present bigger threats to Oklahoma.

The Tulsa County First Assistant District Attorney Erik Grayless said many cases are still not being prosecuted.

Gov. Stitt called the Supreme Court's ruling a threat to the state's future. He gave one example that’s causing controversy among the tribes.

"For example, consider this: If an Oklahoman with Native heritage gets their car stolen here in downtown Tulsa, did you know that Tulsa County District Attorney Steve Kunzweiler cannot prosecute that case? It's even unclear if Tulsa Police have the authority to make that arrest. All because of someone's race,” Stitt said in his speech.

Muscogee Nation leaders disagree, saying this would have been solved by cross-deputization. That means an agreement between tribal and city or county agencies that lets law enforcement cross borders in criminal cases.

Grayless said his office can't prosecute cases where the victim or criminal is of Native descent. In this example, it would be a federal case.

Grayless said law enforcement officers can become cross-deputized through a tribe or the federal government. But he said it all depends on where the crime happens and in which tribal jurisdiction.

"You have all these crossovers, you have essentially this Venn-diagram of these different circles of who can do what and where. That becomes a nightmare for public safety,” Grayless said.

In a statement, Muscogee Nation leaders say, "The state hasn't lost any ability to enforce the law; it simply had to stop illegally enforcing it where it has no jurisdiction."

Grayless said when a crime happens, it shouldn't matter.

"If someone commits a crime and you're a victim, you want the nearest police officer to be able to do whatever is necessary to affect that arrest and protect you,” Grayless said.

Grayless said federal cross-deputization lets officers make arrests anywhere. But he said that's not practical for every officer, so he said issues will come up regardless.