Tribal sovereignty has long been a topic of debate in Oklahoma and across the United States. Native American tribes have consistently asserted their right to tribal sovereignty, which includes maintaining an independent government and enforcing tribal laws through their own courts. However, until recently, Oklahoma state courts claimed jurisdiction over legal matters involving Native Americans within tribal lands.
In the landmark 2020 Supreme Court case, McGirt v. Oklahoma, the court ruled that the state of Oklahoma does not have the legal authority (subject matter jurisdiction) to prosecute Native Americans for crimes committed on tribal land. This decision restored tribal jurisdiction to Tribal Nations, meaning Oklahoma state courts no longer have criminal or civil jurisdiction over cases involving Native Americans within Indian Country. Consequently, the state cannot file criminal charges for offenses that take place on tribal lands.
If you are a Native American facing the criminal justice system, whether in tribal court, state court, or federal court, it’s essential to consult with an attorney experienced in tribal law and tribal criminal defense. Tribal law operates independently from state law, and your attorney must be knowledgeable about both tribal courts and federal Indian law to effectively represent you.
Your Fierce Advocates® at Cannon & Associates are well-versed in tribal law and can assist with criminal defense. Our team is qualified to handle criminal cases for various tribes, including the Chickasaw, Choctaw, Muscogee (Creek) Nation, Seminole, Cherokee, Citizen Potawatomi, and Cheyenne and Arapaho.
Contact us today to schedule a free consultation at 405-657-2323.
Understanding Tribal Jurisdiction
Tribal jurisdiction refers to the authority of a tribal government to manage legal matters, both criminal and civil, that arise within its territory. When a tribe holds exclusive jurisdiction, it has the power to address these legal issues independently through its own courts. If a state intervenes in prosecuting Native Americans for crimes committed on tribal land, it infringes on the tribe’s sovereignty and legal authority.
In Oklahoma, tribal jurisdiction covers all criminal cases that do not fall under the Major Crimes Act or other applicable federal laws. It also encompasses civil disputes and most family law matters involving Native American individuals within Indian Country. Therefore, when a crime or civil disagreement occurs between Native Americans on tribal land, the case is handled in a tribal court rather than a state court.
Tribal Criminal Jurisdiction
For many years, Oklahoma state authorities contested the criminal jurisdiction of tribal governments within Indian Country. Historically, the state applied its criminal laws to all residents of Oklahoma, including Native Americans, regardless of whether the crime occurred on tribal land. As a result, many Native Americans were prosecuted and convicted in state courts, preventing them from being tried under their own tribal judicial systems.
This changed with the 2020 McGirt v. Oklahoma Supreme Court ruling, which upheld tribal jurisdiction within Indian Country. The court determined that tribal members accused of crimes on tribal land should be prosecuted in tribal courts rather than state courts. Consequently, criminal jurisdiction in Indian Country is now exclusive to tribal governments and the federal government. State courts no longer have the authority to prosecute Native Americans for crimes allegedly committed on tribal land.
Tribal criminal law is distinct from state law and is based on federal Indian law, the Indian Civil Rights Act, and previous court rulings. Each tribal court follows its own set of rules and penalties, which can vary between tribes. If you are facing criminal charges under tribal law, it is crucial to consult an attorney with experience in tribal criminal cases. You need experienced tribal criminal defense, if you or a loved one are facing a McGirt criminal defense issue.
What is Indian Country?
Tribal jurisdiction primarily applies to Native Americans living within what is known as Indian Country. Over the years, disputes have arisen about what constitutes “Indian Country,” leading to instances where state courts incorrectly claimed jurisdiction in criminal cases. Under federal law, 18 U.S.C. § 1151 defines Indian Country as:
- (a) all land within the boundaries of any Indian reservation under U.S. government jurisdiction, including rights-of-way through the reservation,
- (b) all dependent Indian communities within U.S. borders, whether within the original or later-acquired territory, and whether inside or outside state lines, and
- (c) all Indian allotments with titles that have not been extinguished, including rights-of-way through them.
In the 2020 McGirt v. Oklahoma decision, the U.S. Supreme Court ruled that because Congress had never disestablished the Muscogee (Creek) Nation, its land still qualifies as Indian Country, subject to tribal jurisdiction. This ruling restored jurisdiction to many other tribal nations, enabling much of Eastern Oklahoma to exercise tribal authority over criminal and civil matters. Additionally, it took away the authority of state prosecution offices in tribal matters.
Does a Tribal Court Have Jurisdiction Over Non-Native People?
Tribal courts generally handle legal matters that occur on tribal land between tribal members. However, there are instances where non-Native people may fall under the jurisdiction of a tribal court in both civil and criminal cases.
Regarding criminal jurisdiction, this has been a topic of debate and has reached the U.S. Supreme Court multiple times. After the 2020 McGirt v. Oklahoma ruling, there was a possibility for non-Native people to be prosecuted in tribal courts for crimes committed against Native Americans on tribal land. However, the Supreme Court’s 2022 ruling in Oklahoma v. Castro-Huerta clarified that non-Native individuals who commit crimes against Native Americans in Indian Country fall under state criminal jurisdiction. Therefore, if you commit a crime against a Native American on tribal land, you could be prosecuted in state court or potentially federal court.
Jurisdiction of Federal Courts
Certain federal laws apply to all U.S. citizens, even within Indian Country, granting federal courts jurisdiction over specific crimes on tribal land. The McGirt decision reaffirmed that federal courts hold exclusive jurisdiction over major crimes committed within Indian Country, separate from tribal courts.
Under the Major Crimes Act, the federal government has the authority to prosecute serious offenses committed by Native Americans, such as murder, manslaughter, kidnapping, felony assault, crimes against minors, and sex crimes. Federal courts also have jurisdiction over crimes such as treason, financial crimes against the U.S. government, and organized crime activities. When Native Americans are charged under federal law, those cases are tried in federal court.
In Oklahoma, the majority of tribal criminal matters are handled in the Northern District of Oklahoma (NDOK) and the Eastern District of Oklahoma. The influx of federal criminal prosecutions has been so great in Oklahoma that additional federal prosecutors and federal investigators have been brought in from across the country to handle the ballooning dockets. When you work with an experienced McGirt criminal defense firm, you are better prepared to fight for your freedom and face the federal justice system.
While tribal courts maintain jurisdiction over certain crimes, federal and tribal courts can share authority. This means an individual could be charged by both tribal and federal courts for the same crime, potentially leading to a longer sentence. For example, if a tribal court prosecutes a Native person for a serious offense like murder, federal courts may also bring charges to extend the punishment. Our team at Cannon & Associates will fight for you to only face one prosecution and work to minimize the negative consequences of facing federal criminal charges.
Conclusion on Understanding Tribal Jurisdiction
If you are a Native American living in Indian Country in Oklahoma, it is essential to understand how tribal jurisdiction may impact you. For years, tribes have faced challenges in asserting their right to apply tribal law within their territories. The state of Oklahoma has often misapplied its criminal jurisdiction in cases where it lacked legal authority.
Recent legal rulings have strengthened the sovereignty of tribal nations, granting them criminal jurisdiction over matters within Indian Country. As a result, most legal issues involving Native Americans in these areas are now handled by independent tribal courts.
If you need assistance with a criminal matter—whether it involves tribal, state or federal criminal law —Your Fierce Advocates® at Cannon & Associates are here to help. Our firm has experience dealing with criminal jurisdiction and tribal sovereignty issues, with extensive experience in handling criminal cases related to Indian affairs. We offer fierce advocacy and seek dismissal before anything else for every client we serve.
Schedule a Free Case Strategy Session with a McGirt Criminal Defense Attorney
If you’ve been charged with a crime and believe your case may fall under the McGirt ruling, contact Your Fierce Advocates® at Cannon & Associates. With nearly half of Oklahoma now considered tribal land, there’s a strong possibility that your case could fall under tribal jurisdiction if you or the alleged victim is Native American.
Our experienced defense attorneys have been handling McGirt cases since the ruling was issued, and they have the knowledge and skills to represent you effectively. For a free consultation, call us at (405) 657-2323.