Fellow Municipal Attorneys:
Attached you will find the Petition for Certiorari filed by the State of Oklahoma with the United States Supreme Court. The City of Tulsa will be filing an amicus brief in this case and the attorneys representing the City have indicated their willingness to make it a joint brief listing other Eastern Oklahoma municipalities. I realize that that some of you may differ with the position of the State of Oklahoma regarding whether McGirt should be overruled. I would encourage you, however, to visit with your law enforcement professionals and others to attempt to determine the actual and potential impacts of this ruling.
If your municipality is interested in participating, please let me know as soon as possible. Notification must be provided to opposing counsel no later than October 11th of your client's intent to participate. The combined amicus brief is due on October 21st. The firm of Gibson Dunn is representing the City of Tulsa. I have been in contact with their attorneys and they are evaluating what, if any cost, there would be to any other participating municipalities. They are particularly interested in actual cases and statistics that demonstrate negative impacts. That information could be broken down as follows:
- Number of cases submitted to the Tribe for prosecution and verification (if you CAN verify) the number of cases actually prosecuted. If you can divide these by felonies and misdemeanors and find out the actual dispositions, that would be helpful.
- Number of cases submitted to the U.S. Attorney's Office for prosecution and the number of cases actually prosecuted so as to demonstrate the number of major crimes that are not being prosecuted.
- Does your law enforcement agency have the ability to check for warrants issued by the Tribes or the United States Government?
- Number of cases where officers contacted the FBI, ATF or other federal agency and they declined to respond or participate in the investigation or arrest.
- Number of cases where officers contacted the Tribal law enforcement and they declined to respond or participate in the investigation or arrest.
- Increased cost in terms of overtime due to transportation of tribal defendants to Tribal Holding facilities. Increased cost in terms of overtime due to testifying in the primary locale of the Tribe or Federal Court. Increased cost in terms of obtaining Federal Court warrants.
- Costs of cross-deputization and BIA Commissions.
- Number of cases against Indian victims that are not being prosecuted. If you could give specific examples, that would be awesome.
- Number of cases investigated of native juvenile offenders, those being prosecuted by the Tribes, and those being prosecuted in Federal District Court.
Thank you all! I know that many of us are working with the Tribes on various issues. The fact is, though, that there are numerous crimes that are not being prosecuted. This will eventually have significant, negative impacts on our communities. If you have any questions, please do not hesitate to call.
Beth Anne
Beth Anne Childs
The Childs Law Firm, PLLC
1015 South Detroit Avenue
Tulsa, Oklahoma. 74120
(918) 521-3092
Fellow Municipal Attorneys:
Attached you will find the Petition for Certiorari filed by the State of Oklahoma with the United States Supreme Court. The City of Tulsa will be filing an amicus brief in this case and the attorneys representing the City have indicated their willingness to make it a joint brief listing other Eastern Oklahoma municipalities. I realize that that some of you may differ with the position of the State of Oklahoma regarding whether McGirt should be overruled. I would encourage you, however, to visit with your law enforcement professionals and others to attempt to determine the actual and potential impacts of this ruling.
If your municipality is interested in participating, please let me know as soon as possible. Notification must be provided to opposing counsel no later than October 11th of your client's intent to participate. The combined amicus brief is due on October 21st. The firm of Gibson Dunn is representing the City of Tulsa. I have been in contact with their attorneys and they are evaluating what, if any cost, there would be to any other participating municipalities. They are particularly interested in actual cases and statistics that demonstrate negative impacts. That information could be broken down as follows:
* Number of cases submitted to the Tribe for prosecution and verification (if you CAN verify) the number of cases actually prosecuted. If you can divide these by felonies and misdemeanors and find out the actual dispositions, that would be helpful.
* Number of cases submitted to the U.S. Attorney's Office for prosecution and the number of cases actually prosecuted so as to demonstrate the number of major crimes that are not being prosecuted.
* Does your law enforcement agency have the ability to check for warrants issued by the Tribes or the United States Government?
* Number of cases where officers contacted the FBI, ATF or other federal agency and they declined to respond or participate in the investigation or arrest.
* Number of cases where officers contacted the Tribal law enforcement and they declined to respond or participate in the investigation or arrest.
* Increased cost in terms of overtime due to transportation of tribal defendants to Tribal Holding facilities. Increased cost in terms of overtime due to testifying in the primary locale of the Tribe or Federal Court. Increased cost in terms of obtaining Federal Court warrants.
* Costs of cross-deputization and BIA Commissions.
* Number of cases against Indian victims that are not being prosecuted. If you could give specific examples, that would be awesome.
* Number of cases investigated of native juvenile offenders, those being prosecuted by the Tribes, and those being prosecuted in Federal District Court.
Thank you all! I know that many of us are working with the Tribes on various issues. The fact is, though, that there are numerous crimes that are not being prosecuted. This will eventually have significant, negative impacts on our communities. If you have any questions, please do not hesitate to call.
Beth Anne
Beth Anne Childs
The Childs Law Firm, PLLC
1015 South Detroit Avenue
Tulsa, Oklahoma. 74120
(918) 521-3092