Tribe commemorates sovereignty ruling

Oct. 29—MIAMI, Okla. — Leaders of the Quapaw Nation on Thursday commemorated court decisions that reestablished tribal sovereignty regarding jurisdiction to handle cases involving major crimes in what tribal business Chairman Joseph Tali Byrd called a "historic" decision.

The decisions essentially remove from state jurisdiction cases involving American Indians who commit crimes on the reservations of tribes that have been parties to the lawsuits. Some tribes are still pursuing similar rulings.

Byrd said Thursday that a decision last week by the Oklahoma Court of Criminal Appeals reaffirmed the Quapaw Nation's status as a reservation. The ruling extends the same authority to the Quapaw Nation as a U.S. Supreme Court case in July 2020, McGirt v. Oklahoma, awarded to the Five Civilized Tribes farther south in Oklahoma: the Cherokee, the Chickasaw, the Choctaw, the Creek and the Seminole, Byrd said.

In the McGirt case, an Oklahoma American Indian citizen prosecuted in state court appealed his conviction contending that because the allegations arose on tribal land, the tribe and not the state had jurisdiction to prosecute. The state argued that the tribes gave up their jurisdiction in practice over the years as the state made arrests and prosecuted cases.

The U.S. Supreme Court ruled in a majority opinion that there was no evidence that the tribes disbanded or became extinct or that the U.S. Congress repealed sovereignty guarantees established in treaties nearly 200 years ago.

The case also hinged on the federal Major Crimes Act, which permits federal but not state prosecution of specified crimes.

Byrd said that although the tribes in Northeast Oklahoma are different, "we share similar interests in serving as good community partners. Whether it's economic development or public safety in this case, we are committed to protecting the well-being of all people within our reach."

The tribes have grown to become the largest employers in the eastern half of the state, Byrd said. They also help to build infrastructure including roads, bridges and internet access for the community at large, he said.

Since the McGirt ruling, the Quapaw Nation has worked to strengthen its tribal codes, courts and law enforcement.

"Over the course of the last year we have held strategy sessions with our teams of judges, prosecutors and marshals, and court personnel to create the best path forward to ensure that no criminal activities go overlooked inside our tribal boundaries," Byrd said. They also have maintained partnerships with Ottawa County law enforcement agencies and the prosecutor's office and with federal agencies and courts.

The tribe also will operate 911 services for the entire county.

Implementing the McGirt decision in Oklahoma has created challenges for the state and the tribes, Byrd said.

The governor of Oklahoma, Kevin Stitt, condemned last week's decision, saying "the Supreme Court's McGirt ruling continues to tear Oklahoma apart. Today the Court of Criminals Appeals found that for purposes of federal criminal law, a portion of Ottawa County no longer falls under the jurisdiction of the state of Oklahoma. This is the sixth new jurisdiction in our state."

Wilson Pipestem, the Tulsa attorney for the Quapaw Nation, said that despite the filing of a flurry of challenges to the decisions, he believes the Quapaw case is settled for now.

"It seems unlikely that the Supreme Court will consider this reservation question again," Pipestem said. "But it would be better, I think, if we could lower the rhetoric and work together. Chairman Byrd reached his hand out to the governor. I think that's already happening on a local level where tribes for many, many years have worked together with local and state officials."

The event Thursday was held at the Quapaw Nation's Ki-ho-ta justice center located on Highway 69A just outside the Miami city limits. The $4 million center was built in 2017 to house tribal and juvenile courts as well as provide tribal members with such services as DUI classes, drug and alcohol assessments, and methadone treatment.

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