Since the U.S. Supreme Court ruling in McGirt v. Oklahoma, the Chickasaw Nation District Court has gone from handling approximately 75 criminal cases each year to more than 2,000.
Chickasaw Nation-On July 9, 2020, the U.S. Supreme Court held in McGirt v. Oklahoma that the Muscogee reservation remains part of Indian Country for purposes of criminal jurisdiction. In March, 2021, the Oklahoma Court of Criminal Appeals applied that ruling to the Chickasaw Nation.
As a result of these rulings, the Chickasaw Nation and federal governments have jurisdiction over crimes involving Native Americans throughout the whole Chickasaw Nation, and Oklahoma has jurisdiction over crimes only involving non-indigenous people in that same area. So the ruling expanded the geographic reach of the Chickasaw Nation criminal jurisdiction from about 280 square miles to the entire 7,648 square miles of Chickasaw Nation treaty territory.
The tribe began preparing to meet this expected expansion of its law enforcement responsibilities long before the case had finished making its way through the courts.
"We formed a task force to analyze the situation and developed a comprehensive plan to meet these important new responsibilities," said Governor Bill Anoatubby. "The Chickasaw Nation executive, legislative and judicial departments have worked diligently to enhance our internal capabilities to meet our expanded responsibilities. As we have worked to enhance collaboration among federal, state and criminal justice agencies to serve residents of our area since the ruling, we have seen the level of cooperation rise to new levels in many instances."
One example of that cooperation is seen in criminal prosecution referrals by tribal, state and federal agencies. Reviewing data from March 11, 2021, through Feb. 27, 2022, the Chickasaw Lighthorse Police made 2,097 arrests. Approximately one-fourth (24%) of the charges have been referred to the Chickasaw Nation Office of Tribal Justice Administration (OTJA) for prosecution in Chickasaw Nation District Court. Lighthorse has referred the remaining approximately three-fourths (76%) of the charges to local District Attorneys or U.S. Attorneys for prosecution.
Similarly, approximately two-thirds (63%) of cases filed by the OTJA in Chickasaw Nation District Court were based on charges referred by another law enforcement agency, typically a local police department or sheriff's office. These numbers demonstrate the substantive cross-jurisdictional collaboration that is both necessary for effective law enforcement and is happening every day within the Chickasaw Nation.
Meanwhile, the Chickasaw Nation District Court has gone from handling approximately 75 criminal cases each year to more than 2,000. During the same period of March 11, 2021, through Feb. 27, 2022, the OTJA filed 2,284 criminal matters with the Tribal court, 528 of which were traffic offenses. Of those criminal matters filed, 864 have already been fully adjudicated, with no appeals filed.
Since the Supreme Court ruling, the Chickasaw Nation has worked to establish cooperative jurisdiction agreements with 72 other jurisdictions. Those include cross-deputation agreements, which authorize state and local police to obtain federal law enforcement credentials, and commission agreements, which authorize those same police to obtain Chickasaw law enforcement credentials. Meanwhile, federally commissioned Chickasaw Lighthorse are authorized to act as Oklahoma peace officers throughout the Chickasaw Nation.
Chickasaw Lighthorse Police have hired more than 30 personnel and staff, including eight criminal investigators, to fulfill public safety responsibilities in Chickasaw Nation treaty territory, as well as opening a third dispatch station.
Criminal justice-courts and detention
The Chickasaw Nation has also worked with area counties, municipalities, and other organizations to ensure cases are fairly and effectively handled.
To meet an expanding caseload, the OTJA hired five new criminal prosecutors and other support staff. Supported by a U.S. Department of Justice grant, a the OTJA was able to hire a Special Assistant U.S. Attorney to prosecute federal cases in the U.S. District Court as well as tribal cases in the Chickasaw Nation District Court.
To manage people in custody, the Chickasaw Nation has established the Office of Detention Administration, which works with 11 counties and other jail facilities. The tribe has also established a juvenile detention agreement with the Sac and Fox Juvenile Detention Facility, which allows us to properly house and address the needs of younger detainees.
Commitment to working together for public safety
"We all live and work in diverse communities and what affects one of us tends to affect all of us," said Governor Anoatubby. "We have long believed what is good for the Chickasaw Nation is good for the state of Oklahoma and what is good for Oklahoma is good for the Chickasaw Nation.
"We have deepened our intergovernmental partnerships to protect public safety and ensure proper administration of justice. We will continue to do this work with the commitment to service we bring to all our efforts.
"Working together and focusing on solutions, we can continue protecting and serving our families, friends and neighbors today while building a brighter future for our children and grandchildren."
