A landmark U.S. Supreme Court decision supporting tribal self-governance is undergoing another challenge in Tulsa court.
In 2020, SCOTUS ruled in McGirt v. Oklahoma that the Muscogee Nation's reservation was never disestablished by Congress. Since then, issues related to everything from taxation to whether the state can prosecute crimes committed by tribal members have been disputed.
Now, a Cherokee man, Dallas Stites, is facing Dec. 20 charges from Tulsa County District Attorney Steve Kunzweiler for driving under the influence on the Creek Turnpike with a child in the car.
Kunzweiler’s push — characterized as an attempt to restore law and order to a chaotic system — follows a recent decision by the Oklahoma Court of Criminal Appeals. In City of Tulsa v. O’Brien, the state was granted concurrent jurisdiction over certain crimes involving tribal members on reservation lands.
Brett Chapman, O'Brien's attorney, told News on 6 that Kunzweiler is out of bounds.
“What the state of Oklahoma is doing is in complete violation of federal law,” Chapman said.
The U.S. Department of Justice has recently intervened in such cases, suing Green Country district attorneys for prosecuting tribal citizens in certain instances.
As the legal battle continues, Stites’ case may ultimately reach the Supreme Court, as well.
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