Understanding Jurisdiction for Native Americans in Eastern Oklahoma
My name is Ted Hasse. I’m a Muscogee tribal court attorney handling federal and tribal matters here in Oklahoma. I work out of Tulsa.
Legal Status of Native American Criminal Cases in Oklahoma
The question is: Can the state of Oklahoma charge Native Americans in eastern Oklahoma for criminal cases in county courts?
Since the U.S. Supreme Court’s 2020 decision confirming that much of eastern Oklahoma remains Indian Country—reservation land—there’s been a lot of resistance from the state. Oklahoma has repeatedly tried to get the Supreme Court to revisit the issue, and various court rulings have created just enough ambiguity for some county district attorneys to continue filing charges against Native Americans in state court.
What the Law States About Jurisdiction
The short answer is: No, they’re not supposed to. County district attorneys cannot lawfully prosecute Native Americans for crimes committed within the reservations of the Muscogee Creek Nation, Cherokee Nation, Choctaw Nation, Chickasaw Nation, or Seminole Nation. Those cases belong in either tribal court or federal court.
Current Developments and Ongoing Legal Battles
That said, as of 2025, a handful of counties are still trying. I believe there are two counties in Cherokee Nation and two counties in Muscogee Creek Nation where district attorneys are continuing to file charges against Native defendants. In response, both Cherokee Nation and Muscogee Creek Nation have filed lawsuits against those prosecutors, and the U.S. Department of Justice has also stepped in with suits against counties that are refusing to follow the law.
These are complicated jurisdictional issues, and they will continue to be fought out in the courts. But in the end, I expect the federal courts will reaffirm that county district attorneys must follow the law: Native American defendants in eastern Oklahoma cannot be prosecuted under Oklahoma state criminal statutes. Their cases must go to tribal or federal court.
Need Legal Advice? Low-Cost Consultation Available
If you or a loved one are facing criminal charges and believe your case may be in the wrong jurisdiction, give us a call. We’d be glad to talk about your situation and how we can help. You can reach us at 918-932-2800. Again, my name is Ted Hasse, and I’m a Muscogee criminal defense attorney.
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