By John Dobberstein, Editor
Amid continued legal tussles over public safety, Gov. Kevin Stitt formed a special committee by executive order Friday “to confront the continued impact” of the McGirt decision in the state.
The One Oklahoma Task Force is being tasked to provide Stitt, the Oklahoma legislature, tribal leaders and the state’s federal congressional delegation with legislative and regulatory recommendations “as we continue to feel the impacts of the McGirt decision.
“The primary function of government is to protect public safety, and the McGirt decision has created confusion and tension among those that work to serve that function,” Stitt said in a statement Friday as the announcement was made.
“By gathering stakeholders from every corner of our state, we can address the real jurisdictional challenges left by McGirt and usher in lasting change. The State of Oklahoma, Tribal governments, and our citizens deserve clarity.”
Muscogee Nation Principal Chief David Hill said the tribe welcomed the opportunity to work with Stitt. “In fact,” he said, “we’ve been asking for that for over three years. Given the failure of the Governor’s first task force, we’d like to offer some suggestions to make this one serious and substantial.”
Hi said that focuses on “promoting cooperation, not enflaming division” and engaging tribes “honestly.
There are 39 unique tribes in Oklahoma, not just two. Eleven state agencies will be represented to speak for themselves. Tribes should be afforded the same opportunity,” Hill said. He also suggested a focus on requiring state and local agencies to follow the law.
“We believe that if he does these simple things, he will find that there is no crisis of law or “patchwork” gaps to solve–only a crisis of political will being fueled by the Governor’s own political campaign to have fewer police, fewer courts and fewer prosecutions by overturning tribal jurisdiction.
“I remain steadfast and as resolved as ever to stand up against any threat to tribal sovereignty.”
The task force will develop and submit a report that contains:
- Legislative and regulatory recommendations to address the effects of the McGirt decision;
- Uniform cross-deputization and jail agreements; and,
- Any other recommendations relevant to the speedy resolution of the broken system created by the McGirt decision.
Stitt’s decision comes days after a jurisdictional dispute between an Okmulgee County jail employee and a Muscogee Creek tribal police officer. Stitt says jurisdictional ambiguity in the wake of the McGirt decision continues to “cripple the state’s ability to keep Oklahomans safe.”
The One Oklahoma Task Force will be comprised of:
1 The Governor or designee, serving as chair;
2 The Speaker of the Oklahoma House of Representatives or designee;
3 The President Pro Tempore of the Oklahoma Senate or designee;
4 The Attorney General or designee;
5 An appointee by the District Attorneys Council;
6 An appointee by a county jail trust;
7 An appointee by the Office of Juvenile Affairs;
8 An appointee by the Oklahoma Sheriff’s Association;
9 An appointee by the Oklahoma Highway Patrol;
10 An appointee by the Oklahoma State Bureau of Investigation;
11 An appointee by the Council on Law Enforcement Training (CLEET);
12 One member representing Oklahoma’s Five Tribes; and
13 One member representing Oklahoma’s other thirty-eight tribes.
In the announcement, Stitt proclaimed the ruling caused uncertainty and continues to wreak havoc in nearly half” of the state.
Even though the U.S. Supreme Court remedied some of the uncertainty in Oklahoma v. Castro-Huerta, and while the Oklahoma Court of Criminal Appeals has acknowledged and “done its part to ameliorate the post-McGirt havoc,” Stitt said, “it is clear that the McGirt decision’s negative effects are unresolved.”
Stitt’s order asserted the lack of jurisdictional clarity “has crippled the state’s ability to resolve issues and continues to negatively impact crime victims, state and tribal law enforcement officials.”
“Patchwork attempts to identify and resolve issues through non-uniform cross-deputization and jail agreements have been, and continue to be, ineffective as long-term solutions necessary for the good of our state and its communities,” the order said.
“The need for uniform state-tribal agreements addressing ambiguity in areas including, but not limited to, liability, immunity waivers, and fee-apportionment, as well as state and federal legislative action, has never been clearer.”
“For these reasons, stakeholders must come together to discuss practical solutions and propose recommendations to usher in uniform, lasting change.”
The Secretary of Public Safety will serve as chair of the task force and has 30 days to make appointments.
The task force is to have its first meeting with 60 days and have a report sent to Stitt, the President Pro Tempore of the Oklahoma State Senate, the Oklahoma Speaker of the House of Representatives, the leaders of the state’s 38 federally recognized Indian tribes, and Oklahoma’s congressional delegation.
Stitt said the report should contain legislative and regulatory recommendations to address the McGirt decision’s “negative” effects; uniform cross-deputization and jail agreements, and “any other recommendations relevant to the speedy resolution of the broken system created by the McGirt decision, which continues to negatively impact crime victims, state and tribal law enforcement officials, and all Oklahomans.”
Leave a Reply