Oklahoma Appeals Court: Choctaw, Seminole Nations Included In Tribal Jurisdiction Ruling

The Oklahoma court of criminal appeals said all five tribes in eastern Oklahoma are recognized as sovereign reservation land and now included in the Supreme Court’s ruling tribal jurisdiction.

The appeals court ruled on cases involving the Cherokee and Chickasaw Nations earlier this month. This new decision includes the Choctaw and Seminole Nations, totaling almost 40 counties.

"We're definitely confident we're ready to handle the expanded jurisdiction," said Cory Ortega, Assistant Tribal Prosecutor. 

Ortega said that the nation's court staff will make criminals face justice.

"We don't intend on releasing criminals. We don't intend on assisting folks that have committed violent crimes and would be getting out of jail. Our job as a prosecutor is to protect the community and that's our goal and we're ready to do it," Ortega said. 

The appeals court's decisions were based on two murder cases, including Devin Sizemore in Pittsburg County. 

"This is the moment where the rubber hits the road, these cases that I've been sort of in limbo waiting for a decision [on] most of those cases so those cases can get resolution. Now it's here," Pittsburg County District Attorney Chuck Sullivan said. 

Sullivan thinks up to 50% of his cases could be dismissed. He said he's confident the Choctaw Nation and other tribes will work hard, but it won't be easy.

"There are going to be some jurisdictional loopholes or victims are not going to have the opportunity to get justice for to get re-dressed for the crimes that's committed against them that's just not going to happen," Sullivan added. 

The Seminole Nation Chief Gregory P. Chilcoat sent News on 6 a statement, saying,

“The Seminole Nation is pleased with the Oklahoma Court of Criminal Appeals decision reaffirming the existence of the Seminole Nation’s reservation boundaries, which have never been disestablished by Congress.”

The Choctaw Nation also issued a statement regarding the decision.

“The Choctaw Nation is prepared to file more than 125 cases in the District Court of the Choctaw Nation as the Oklahoma Court of Criminal Appeals’ decision in Sizemore will apply the U.S. Supreme Court’s ruling regarding criminal jurisdiction in McGirt v. Oklahoma to the Choctaw Nation reservation.

“The Choctaw Nation has been preparing for the shift in criminal case jurisdiction for well over two years. I am grateful for the work of our Public Safety Department, Tribal Prosecutor’s Office, our Judicial branch, and the Sovereignty for Strong Communities Commission to protect public safety and to offer individuals a fair and efficient trial,” said Chief Gary Batton. 

In anticipation of the change in jurisdiction, the Choctaw Nation Tribal Prosecutor’s Office has met with all District Attorney Offices within the Choctaw Nation reservation boundaries. To date, the Choctaw Nation has reviewed more than 500 cases involving self-identified Native American defendants from the State of Oklahoma, with a focus on incarcerated defendants. Those cases have been provided to the Choctaw Nation Department of Public Safety (DPS) for investigation. This coordination has allowed the Choctaw Nation to identify the cases impacted, gather information to charge individuals in the District Court of the Choctaw Nation, and will help maintain public safety. 

“Our coordination with the State of Oklahoma, District Attorney Offices within our reservation, and our Choctaw Nation Department of Public Safety should prevent any currently incarcerated individual from being released based solely on a McGirt jurisdictional claim,” said Kara Bacon, Tribal Prosecutor for the Choctaw Nation of Oklahoma. 

The Choctaw Nation Tribal Prosecutor’s Office now includes six full-time Assistant Tribal Prosecutor positions and two administrative assistants. These personnel will work to make state and federal agencies aware of criminal convictions and current protective orders issued by the Choctaw Nation District Court.     

To prepare for the influx of cases, the court system invested in new case management software that interfaces with the Choctaw Nation Tribal Prosecutor’s Office and streamlines the filing process of new criminal cases. 

On January 13, 2020, Choctaw Nation Assistant Prosecuting Attorney, Cory Ortega, was appointed to serve as a Special Assistant United States Attorney (SAUSA) for the Eastern District of Oklahoma. The SAUSA appointment aids in the prosecution of criminal offenses occurring within the Choctaw Nation in tribal or federal court systems. 

In addition to criminal case identification, the Choctaw Nation Tribal Prosecutor Office has worked with the Department of Public Safety to provide virtual jurisdictional training to tribal, state, and city law enforcement agencies on the impact of the McGirt decision. This training assists the authorities with the identification and verification of appropriate jurisdiction for the cases being investigated.   

The Choctaw Nation court website, www.choctawnationcourt.com, includes information on e-filing, case records, and contact information for the Choctaw Nation Judicial Branch and Office of Tribal Prosecutor. Information on Tribal Codes can be found at https://www.choctawnation.com/government/judicial-branch/tribal-codes.