While slightly more than one year has passed since of the U.S. Supreme Court ruling in McGirt v. Oklahoma, the Chickasaw Nation began making preparations years earlier.

In 2017, the 10th Circuit Court of Appeals ruled in Murphy v. Royal that the Muscogee Creek reservation was never disestablished, and its treaty territory remains Indian Country for purposes of criminal jurisdiction.

Understanding the potential for significant changes in its criminal justice duties if the ruling was confirmed by the Supreme Court, the Chickasaw Nation leadership team began planning to meet those additional duties responsibly.

In McGirt, the Court accordingly held, consistent with existing law, that Oklahoma lacks criminal jurisdiction over crimes involving Indians committed within the Muscogee Creek reservation. Jurisdiction over those crimes instead rests with the Muscogee Nation and the United States. The convict in this case successfully challenged his State court conviction and sentence, but he has since been recharged, retried, and reconvicted in Federal court and now resides in a Federal penitentiary.

On March 11, the Oklahoma Court of Criminal Appeals applied the McGirt ruling to the Chickasaw Nation and concluded Chickasaw Nation treaty territory also constitutes a reservation under Federal law.

The Court of Criminal Appeals’ ruling means the federal rules allocating criminal jurisdiction in Indian country apply within Chickasaw Nation treaty territory as they do within Muscogee Creek Nation. Oklahoma has indicated it will seek to appeal the case to the U.S. Supreme Court as part of its efforts to relitigate McGirt. In the meantime, the Chickasaw Nation remains focused on implementing the law as it is and to ensure Chickasaw Nation sovereignty is protected.

The same day the Oklahoma Court of Criminal Appeals ruled, Chickasaw Nation Governor Bill Anoatubby issued an executive proclamation confirming the Chickasaw Nation’s treaty territory as “Indian Country” for purposes of Tribal law. His proclamation directed all officials, employees, officers, departments, commissions and agencies of the Chickasaw Nation’s Executive Department to act in accordance with the ruling and “a sovereign interest in public safety throughout our treaty homeland.

Within the Executive Department, these duties have fallen primarily to the Lighthorse Police and Office of Tribal Justice Administration. Governor Anoatubby has also continued to work closely with leaders of the Legislative and Judicial Departments of Chickasaw Nation government to ensure proper implementation of the Tribe’s responsi bilities.

While the rulings of the past year have expanded public safety responsibilities from approximately 280 square miles of lands held in trust or restricted status to the entire 7,648 square miles of Chickasaw Nation treaty territory, Chickasaw Nation officials had long been working to ensure they were prepared for the changes.

“Our Chickasaw Nation executive, legislative and judicial departments continue exercising due diligence as we accept this new duty in a responsible manner,” Governor Anoatubby wrote in his proclamation. “We have enhanced our criminal code, expanded our court system and reinforced our relationships with federal, state and local law enforcement agencies to ensure we maintain law and order in the Chickasaw Nation.”

Chickasaw Lighthorse Police Department added a dozen law enforcement professionals to its force, which now totals 77 officers. Since confirmation of the Chickasaw Nation reservation in mid-March and through August1, Chickasaw Lighthorse responded to 15,728 calls for assistance and made 1,037 arrests on more than 1,663 charges. Meanwhile, Tribal law enforcement and prosecutors have filed 678 criminal cases and 145 traffic citations in Chickasaw Nation Tribal Court. The department remains focused on ensuring the public’s safety and meeting the Chicka saw Nation’s responsibili ties under the law

In this work, Chickasaw Nation law enforcement cross-deputation agreements are a critical tool. The Chickasaw Nation currently has 67 cross-deputation agreements with non-Tribal law enforce ment agencies and police departments throughout their reservation. Those agreements include 499 cross-commissioned officers. We work continuously to expand and deepen those relationships.

Starting last fall, the Chickasaw Nation Tribal Legislature reviewed and updated much of the Nation criminal code, and this work continues. Newly enacted legislation empowers Chickasaw Lighthorse and prosecutors to rely on elements of Oklahoma’s criminal statutes to ensure consistency in Tribal prosecutions and law enforcement. Other more substantive reforms address specific subject matters or procedural matters designed to enhance the criminal justice system’s operation.

More recently, the Chickasaw Nation established a hotline for crime victims and their families. Designed to provide information and to connect victims with programs and services offering support, the new hotline also serves as an important source of real-time information for Chickasaw Nation law enforcement.

In all the Chickasaw Nation’s efforts on these matters, Gov. Anoatubby emphasizes the value of deepening cooperation across jurisdictional lines. With the best interests of the Chickasaw Nation and the Chickasaw people foremost in mind, Gov. Anoatubby has prioritized inter-governmental cooperation among the Nation, Oklahoma, local jurisdictions, and the United States.

“We live and work in broader communities, and what affects one of us tends to affect all of us,” said Gov. Anoatubby. “Working effec tively with Federal, State, and local policing and prosecuting agencies helps ensure those affected by the criminal justice system, both victims and perpetrators, have access to the services they may need to restore their lives or to put their lives back on track.”

Part of this work includes continuing the Chickasaw Nation’s efforts to expand opportunities for intergovernmental cooperation.

“Our goal is to develop and implement comprehensive policies to preserve public safety, maintain law and order and enhance the overall quality of life of the Chickasaw people and all Oklahomans,” said Gov. Anoatubby. “We have a long history of working well with Oklahoma to address shared challenges and to develop solutions that benefit all Oklahomans.

“Given our history, we believe we can best serve all Oklahomans by working together in a manner that respects tribal, state and federal sovereignty.”