Working together on way forward

AU.S. Supreme Court decision Thursday regarding tribal sovereignty had the potential to cause havoc with criminal cases, and perhaps others, across eastern Oklahoma. Tribal and state leaders, to their credit, are intent on that not happening.

In a 5-4 ruling, the court said the Muscogee (Creek) Nation's reservation was not terminated when Oklahoma became a state. The tribe had argued that the United States promised in an 1866 treaty that a reservation would be “forever set apart as a home” and protected by any subsequently created state.

The court agreed, saying flatly, “The federal government promised the Creek a reservation in perpetuity.”

The ruling is significant because of its potential impact on legal matters in eastern Oklahoma, home of the Creeks and the other Five Tribes — the Choctaws, Chickasaws, Seminoles and Cherokees.

The court ruled in the case of a child rapist, Jimcy McGirt, who was tried in a state court. His attorneys said McGirt should have been tried in federal court because he is Native American and the crime occurred on land that was part of the historical Creek reservation.

The ruling overturned McGirt's conviction and that of Patrick Murphy, who was convicted and sent to death row for a 1999 murder committed within the historical Creek boundaries. The high court had failed to rule on his case last year.

In arguments before the court in May, Oklahoma's solicitor general said more than 1,700 inmates presumably would have to be released if the court sided with the Creeks. Chief Justice John Roberts alluded to this in his dissent, saying the state's ability to “prosecute serious crimes will be hobbled and decades of past convictions could well be thrown out.”

However, in his majority opinion, Justice Neil Gorsuch said the court was “aware of the potential for cost and conflict around jurisdictional boundaries” but that Oklahoma and its tribes “have proven time and again that they can work successfully together as partners …”

This was in evidence shortly after the ruling came down, when the office of Attorney General Mike Hunter and representatives of the Five Tribes issued a statement saying they are nearing an agreement to present to Congress to address jurisdictional issues raised by the decision.

“The Nations and the State are committed to ensuring that Jimcy McGirt, Patrick Murphy, and all other offenders face justice for the crimes for which they are accused,” the statement said. “We have a shared commitment to maintaining public safety and long-term economic prosperity for the Nations and Oklahoma.”

The statement said all parties are committed to producing “a framework of shared jurisdiction” that preserves the tribes' sovereign interests.

“We will continue our work, confident that we can accomplish more together than any of us could alone,” they said.

For many years, statetribal ties in Oklahoma have generally been respectful and mutually beneficial. It is encouraging to see that isn't changing following this longawaited ruling.