Lawmakers Request $10M For Tribal Litigations
Oklahoma lawmakers have proposed a plan which will create a $10 million legal fund allocated for the state to hire private attorneys to litigate the legal controversies which have recently arisen between the state and tribal governments.
The need for the fund, which was requested by Governor Kevin Stitt, stems from the Supreme Court’s landmark decision last summer in the case of McGirt v. Oklahoma, in which it was declared that the Muscogee (Creek) Nation’s reservation was never, in fact, dissolved. The implications of this ruling place criminal jurisdiction regarding offenses committed by Native Americans on tribal land, which fall under the Major Crimes Act, into the hands of tribal or federal prosecutors, rather than state.
Though the decision was made specifically regarding cases of violent crime, its implications have caused some confusion among legislators which, according to Governor Stitt, this fund may help remedy. House Appropriations Chairman Kevin Wallace, R-Wellston, has noted that he expects the state will eventually become embroiled in litigations as some push for the McGirt ruling to be applied to civil matters, such as tax exemptions.
A spokesperson for Stitt, Charlie Hannema, affirmed, “Governor Stitt is pleased that legislative leaders recognize his concern over the uncertainty the McGirt decision has created for the public safety and future growth of our state,” regarding the establishment of the plan.
Under the bill, contracts for outside legal services and the payment which they would require would go through the Joint Committee on State-Tribal Relations—a 10-person committee appointed by the House speaker and the Senate pro tempore—for approval. “The joint committee has to approve third-party counsel and what cases we would pursue,” stated Wallace. “The executive has no control over that.”
The House passed the bill on a party-line vote of 80-18 Tuesday and it will next go before the state Senate.