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Thread: E. Oklahoma Tribal Land

  1. Default Re: E. Oklahoma Tribal Land

    It's compact between the tribes and the state, so no one has the authority to speak for all the tribes. The state will have to work that out with each of them individually where this ruling effects the law. It's no different from Florida signing an agreement with El Salvador (not that they legally can). But for the example, Florida does not speak for all of the US, nor can they force another state into an agreement.

    It is a landmark case in that the control for tribespeople does go back to the tribe. HOWEVER, there is already a good history of the tribes and the state working together on things like this to protect victims/etc. So anyone that thought that tribespeople were free to commit crimes was just off their rocker. There's also still tribal law enforcement. As long as the tribes feel like things are being done equitable, we shouldn't see any issues.

  2. #27

    Default Re: E. Oklahoma Tribal Land

    I'm fairly certain that the tribes aren't going to want to invest in prisons, so at some level, they're going to have to make deals with the State because while in theory, native courts presiding over their own members' crimes is a fine idea, but I would imagine the tribes have other funding priorities. Still, we might see the tribes make compacts with one another to mutually share the burden with some centralized court. I've been to tribal court, and they're not exactly happenin' places.

  3. #28
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    Default Re: E. Oklahoma Tribal Land

    Quote Originally Posted by Midtowner View Post
    I'm fairly certain that the tribes aren't going to want to invest in prisons, so at some level, they're going to have to make deals with the State because while in theory, native courts presiding over their own members' crimes is a fine idea, but I would imagine the tribes have other funding priorities. Still, we might see the tribes make compacts with one another to mutually share the burden with some centralized court. I've been to tribal court, and they're not exactly happenin' places.
    For any serious crime (felony), the crime is tried in Federal Court and the prisons are Federal.

  4. #29

    Default Re: E. Oklahoma Tribal Land

    Cool. This stuff is so outside of my wheelhouse that I really don't pay attention.

  5. #30

    Default Re: E. Oklahoma Tribal Land

    https://tulsaworld.com/news/local/cr...home-top-story

    Apparently Stitt thought it a good idea to invite only prosecutors. While he maintained they invited tribal reps, it appears that is a contentious explanation. The article made no mention either of members of the Defense Bar being on the panel. It appears it was another in a string of Stitt dumpster fires.

    “Had an official invitation been extended to Muscogee Nation, we would have welcomed the opportunity to work with local officials to make this an informative and productive session. But that invitation never came,” Hill wrote in his statement released Tuesday afternoon. “Unfortunately, this has become a pattern of behavior.”


    The Tulsa World reported earlier this month that Stitt’s office emailed attorneys general for the Cherokee, Choctaw and Muscogee nations on June 3 notifying them of plans for the event. But the tribes each said they did not receive a meaningful invitation, with Hill going so far as to say a meeting with Kunzweiler in May was unproductive.

  6. #31

    Default Re: E. Oklahoma Tribal Land

    Yeah I saw some videos of it. Stitt has really made some awful decisions when it comes to dealing with the tribes. Hopefully the next governor is able to work with tribes and regain their trust.

  7. #32

    Default Re: E. Oklahoma Tribal Land

    I couldn't read the TW story due to a paywall, but in case anyone is interested here's the invite that was sent (via email) back on June 3.

    Good afternoon —

    I’m writing today to invite you and your Chiefs to the McGirt v. Oklahoma: Community Impact Forum, a joint event with Steve Kunzweiler’s office and Marsy’s Law.

    Planning is still in its early stages, but the date is set for July 13, 2021 from 6:00-8:00pm in Tulsa. Exact location TBD.

    The event will feature victims, advocacy groups, district attorneys, local law enforcement, tribal leaders, U.S. attorneys, and representatives from our congressional delegation, as well as the Governor, to come together to help answer the questions we hear from those who have been affected by the McGirt decision: “Where do I go now? Who can I talk to? Who can help me?”

    The event will include a presentation from Steve Kunzweiler and a speaking panel to take questions from the audience, as well as an opportunity for victims to get connected with advocacy groups and resources.

    More details and a formal invitation will follow, but out of respect for all of your busy schedules, we wanted to ensure your Chiefs have ample heads up to reserve this date/time on your calendar. Their participation will be key.

    If you have any questions, please don’t hesitate to reach out to myself, Heather Prater or Sally Van Schenck from Kunzweiler’s office CC’ed here.

    Many thanks!

    – Carly
    From the nondoc article - https://nondoc.com/2021/07/14/mcgirt...cGirt%20ruling

    I guess this wasn't "official" enough?

  8. #33

    Default Re: E. Oklahoma Tribal Land

    Quote Originally Posted by jerrywall View Post
    I couldn't read the TW story due to a paywall, but in case anyone is interested here's the invite that was sent (via email) back on June 3.



    From the nondoc article - https://nondoc.com/2021/07/14/mcgirt...cGirt%20ruling

    I guess this wasn't "official" enough?
    I'd expect an official invitation would include not just the day and time (as printed above) but also the actual location as well... Also the text of that e-mail notes that "More details and a formal invitation will follow"... Seems kinda strange that the comms director would release this informal e-mail instead of the actual formal invitation.

  9. #34

    Default Re: E. Oklahoma Tribal Land

    Quote Originally Posted by baralheia View Post
    I'd expect an official invitation would include not just the day and time (as printed above) but also the actual location as well... Also the text of that e-mail notes that "More details and a formal invitation will follow"... Seems kinda strange that the comms director would release this informal e-mail instead of the actual formal invitation.
    Good point. This is more of a heads up, than a formal invite. I'm curious if they expected people to reply to that, and only moved forward with those responses?

  10. #35

    Default Re: E. Oklahoma Tribal Land

    It seems odd that the panel consisted entirely of State Prosecutors. No Defense Bar, no Tribal reps. I'm suspicious of after the fact explanations.
    Stitt has a previous history of excluding people from meetings. It ain't his first rodeo.

  11. #36

    Default Re: E. Oklahoma Tribal Land

    Quote Originally Posted by jerrywall View Post
    Good point. This is more of a heads up, than a formal invite. I'm curious if they expected people to reply to that, and only moved forward with those responses?
    I’m skeptical that any real effort was made to bring tribal leaders. Putting out a simple PR doesn’t mean much, IMO.

  12. #37

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