Seminole Nation Chief Greg Chilcoat believes Oklahoma Attorney General Mike Hunter’s proposal for Congress to approve compacting authority so the state can have criminal jurisdiction on Tribal reservation lands is a step too far. He does note his appreciation for Hunter in trying to solve issues caused by the U.S. Supreme Court’s McGirt v. Oklahoma decision.
“While the Seminole Nation appreciates the sentiment of consensus building and intergovernmental cooperation upon which we believe Attorney General Mike Hunter’s proposal was premised, we oppose the recommendation for Congressional authorization of state-tribal criminal jurisdiction compacts. By way of example, the Seminole Nation, like all the Five Tribes, already has a state-tribal agreement on criminal justice in the area of policing through cross-deputization. These intergovernmental agreements demonstrate the effectiveness of existing state-tribal government-to-government cooperation and coordination, absent Congressional action,” Chilcoat said.
The McGirt decision found Congress had not de-established the Muscogee Creek Reservation. It has created an increased workload for the U.S. Attorney’s Office in Northern Oklahoma as many crimes normally put through State District Courts, are now being filed in the federal court system. Many feel this ruling could apply to the other Five Tribes creating jurisdictional issues across eastern Oklahoma.
Chilcoat believes the tribes and the state can work through those issues without pulling back on tribal sovereignty.
“Further, any legislation enacted by Congress will deeply erode tribal sovereignty. There is simply no basis to request Congressional action because the law is clear under McGirt. It is the responsibility of the federal government to handle certain crimes committed in Indian country by Indians. Any legislation providing the State with rights to exercise criminal jurisdiction on-reservation will come at the expense of other important attributes of sovereignty. For these reasons, the Seminole Nation opposes federal legislation relating to state-tribal criminal jurisdiction compacts.”
