A traffic ticket appeal made on grounds of tribal sovereignty was recently lost by a man related to an Oklahoma official who’s opposed tribal sovereignty for years.
Keith Stitt, brother of Gov. Kevin Stitt, lost his appeal of a traffic ticket issued in Tulsa. Stitt unsuccessfully argued the city lacked criminal jurisdiction over him because he’s Cherokee and was driving in eastern Oklahoma.
A 2020 landmark Supreme Court ruling known as the McGirt decision holds Native people who commit crimes in much of eastern Oklahoma are subject to federal or tribal prosecution, not state-level charges.
The Oklahoma Court of Criminal Appeals in a 4-1 decision ruled the city has criminal jurisdiction in Stitt’s instance. The court used the Bracker test, which weighs the interests of state and local governments to assert jurisdiction over Native defendants versus a tribe’s need for sovereignty.
The court cited City of Tulsa v. O’Brien, a case finding in December 2024 that the city has criminal jurisdiction over Native defendants accused of minor crimes committed outside of their own reservations.
“Tulsa’s exercise of jurisdiction in this case does not unlawfully infringe upon tribal self-government and appellant’s claims are without merit,” wrote Appellate Judge Scott Rowland in the majority opinion.
Stitt’s attorney Brett Chapman argued the state court’s decision contradicts McGirt.
“By allowing the State of Oklahoma to force jurisdiction in a manner inconsistent with federal law, the handful of judges of this court have disregarded the foundational legal framework that protects tribal self-governance,” Chapman said in a statement posted to X.
Chapman said he and Stitt “intend to seek rehearing” and are evaluating whether to petition the U.S. Supreme Court to review the case.
In a statement, city officials said they respect the appellate court’s opinion.
“As we move forward, we are committed to working closely with our tribal partners on a more cooperative path as we work to implement co-governing approaches that respect tribal sovereignty and advance our goal to improve public safety for all Tulsans,” the city said in a prepared statement.
City officials and the Muscogee Nation are currently trying to reach an agreement in a federal lawsuit over criminal jurisdiction. The tribe filed the lawsuit more than a year before the O’Brien case, arguing previous federal rulings gave them precedent for sovereignty.
The case is currently paused until March 18 as the parties negotiate, according to court documents.
The city’s current approach counters that of Gov. Stitt, who has consistently opposed tribal sovereignty since the McGirt decision.
