Empathy List Archives

LP

Lowell Peterson

Mon, Jul 13, 2020 2:18 PM

Like every other city attorney in the State, I am writing just to confirm whether OAMA expects to be issuing any kind of guidance on how best to deal with the fallout from McGirt.

Respectfully,
[cid:image003.png@01D17643.09D9CC50]
Lowell Peterson
City Attorney/City Prosecutor
City of Glenpool
12205 S. Yukon Ave.
Glenpool, OK 74033
Tel. (918) 209-4647
Fax (918) 209-4641
Cell (918) 805-4090
lpeterson@cityofglenpool.com mailto:lpeterson@cityofglenpool.com

NOTICE: This e-mail message and any attachments may contain privileged and confidential information intended solely for the use of the intended recipient. This e-mail and any attachments are exempt from disclosure under applicable law. If you are not the intended recipient, you are not permitted to read, disclose, reproduce, distribute, use or take any action in reliance upon this message and any attachments and we request that you promptly notify the sender at 918-209-4647 or by reply e-mail and delete this message together with any attachments. Delivery of this message to an unintended recipient is not intended to waive any right or privilege. Retention, dissemination, distribution, or copying this communication is strictly prohibited.

Like every other city attorney in the State, I am writing just to confirm whether OAMA expects to be issuing any kind of guidance on how best to deal with the fallout from McGirt. Respectfully, [cid:image003.png@01D17643.09D9CC50] Lowell Peterson City Attorney/City Prosecutor City of Glenpool 12205 S. Yukon Ave. Glenpool, OK 74033 Tel. (918) 209-4647 Fax (918) 209-4641 Cell (918) 805-4090 lpeterson@cityofglenpool.com<mailto:lpeterson@cityofglenpool.com> ________________________________ NOTICE: This e-mail message and any attachments may contain privileged and confidential information intended solely for the use of the intended recipient. This e-mail and any attachments are exempt from disclosure under applicable law. If you are not the intended recipient, you are not permitted to read, disclose, reproduce, distribute, use or take any action in reliance upon this message and any attachments and we request that you promptly notify the sender at 918-209-4647 or by reply e-mail and delete this message together with any attachments. Delivery of this message to an unintended recipient is not intended to waive any right or privilege. Retention, dissemination, distribution, or copying this communication is strictly prohibited.

TN

Teresa Nowlin

Mon, Jul 13, 2020 6:44 PM

There are plenty of jurisdictional charts around, but I know particularly would love to get some guidance for our police officers are how to handle the investigative questions etc. and identifying whether a suspect is a tribal member (as well as the victim).

Teresa Nowlin | City Attorney
211 North Elm | P.O Box 2007 | Jenks, OK 74037
918-299-5883 Office

From: Oama oama-bounces@lists.imla.org On Behalf Of Lowell Peterson
Sent: Monday, July 13, 2020 9:19 AM
To: oama@lists.imla.org
Subject: [Oama] McGirt

[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Like every other city attorney in the State, I am writing just to confirm whether OAMA expects to be issuing any kind of guidance on how best to deal with the fallout from McGirt.

Respectfully,
[cid:image003.png@01D17643.09D9CC50]
Lowell Peterson
City Attorney/City Prosecutor
City of Glenpool
12205 S. Yukon Ave.
Glenpool, OK 74033
Tel. (918) 209-4647
Fax (918) 209-4641
Cell (918) 805-4090
lpeterson@cityofglenpool.com mailto:lpeterson@cityofglenpool.com

NOTICE: This e-mail message and any attachments may contain privileged and confidential information intended solely for the use of the intended recipient. This e-mail and any attachments are exempt from disclosure under applicable law. If you are not the intended recipient, you are not permitted to read, disclose, reproduce, distribute, use or take any action in reliance upon this message and any attachments and we request that you promptly notify the sender at 918-209-4647 or by reply e-mail and delete this message together with any attachments. Delivery of this message to an unintended recipient is not intended to waive any right or privilege. Retention, dissemination, distribution, or copying this communication is strictly prohibited.

There are plenty of jurisdictional charts around, but I know particularly would love to get some guidance for our police officers are how to handle the investigative questions etc. and identifying whether a suspect is a tribal member (as well as the victim). Teresa Nowlin | City Attorney 211 North Elm | P.O Box 2007 | Jenks, OK 74037 918-299-5883 Office From: Oama <oama-bounces@lists.imla.org> On Behalf Of Lowell Peterson Sent: Monday, July 13, 2020 9:19 AM To: oama@lists.imla.org Subject: [Oama] McGirt [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Like every other city attorney in the State, I am writing just to confirm whether OAMA expects to be issuing any kind of guidance on how best to deal with the fallout from McGirt. Respectfully, [cid:image003.png@01D17643.09D9CC50] Lowell Peterson City Attorney/City Prosecutor City of Glenpool 12205 S. Yukon Ave. Glenpool, OK 74033 Tel. (918) 209-4647 Fax (918) 209-4641 Cell (918) 805-4090 lpeterson@cityofglenpool.com<mailto:lpeterson@cityofglenpool.com> ________________________________ NOTICE: This e-mail message and any attachments may contain privileged and confidential information intended solely for the use of the intended recipient. This e-mail and any attachments are exempt from disclosure under applicable law. If you are not the intended recipient, you are not permitted to read, disclose, reproduce, distribute, use or take any action in reliance upon this message and any attachments and we request that you promptly notify the sender at 918-209-4647 or by reply e-mail and delete this message together with any attachments. Delivery of this message to an unintended recipient is not intended to waive any right or privilege. Retention, dissemination, distribution, or copying this communication is strictly prohibited.

JH

John Hammons

Mon, Jul 13, 2020 8:30 PM

In a past life, I was assistant attorney general for the Cherokee Nation.

In whatever guidance you give your respective cities, distinction must be made between “Indians” and “Native Americans”. Native is a racial classification (that is, a matters of genetics) while Indian is a political one (tribal enrollment). For the purposes of McGirt and the Major Crimes Act, the question is not if the defendant and victim are Natives but if they are Indian. Being Native is not alone sufficient. If a person claims to benefit under the McGirt rule, the must demonstrate tribal citizenship. A CDIB card issued by the BIA (often called a “white card” because they are a dull white color) is not satisfactory. Instead, they would need to present a tribal citizenship card (a “blue card” for the Cherokees because ours were blue in color but each tribe has its own standards).

I have advised my officers to have any defendant professing tribal status to present evidence, especially since everyone is likely to claim Indian status in an attempt to escape prosecution.

John Tyler Hammons
Hammons & Price, PLLC
(918) 683-0309

Sent from my iPhone

From: Oama oama-bounces@lists.imla.org on behalf of Teresa Nowlin tnowlin@jenksok.org
Sent: Monday, July 13, 2020 1:46 PM
To: Lowell Peterson; oama@lists.imla.org
Subject: Re: [Oama] McGirt

There are plenty of jurisdictional charts around, but I know particularly would love to get some guidance for our police officers are how to handle the investigative questions etc. and identifying whether a suspect is a tribal member (as well as the victim).

Teresa Nowlin | City Attorney
211 North Elm | P.O Box 2007 | Jenks, OK 74037
918-299-5883 Office

From: Oama oama-bounces@lists.imla.org On Behalf Of Lowell Peterson
Sent: Monday, July 13, 2020 9:19 AM
To: oama@lists.imla.org
Subject: [Oama] McGirt

[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.
Like every other city attorney in the State, I am writing just to confirm whether OAMA expects to be issuing any kind of guidance on how best to deal with the fallout from McGirt.

Respectfully,
[cid:image003.png@01D17643.09D9CC50]
Lowell Peterson
City Attorney/City Prosecutor
City of Glenpool
12205 S. Yukon Ave.
Glenpool, OK 74033
Tel. (918) 209-4647
Fax (918) 209-4641
Cell (918) 805-4090
lpeterson@cityofglenpool.com mailto:lpeterson@cityofglenpool.com

NOTICE: This e-mail message and any attachments may contain privileged and confidential information intended solely for the use of the intended recipient. This e-mail and any attachments are exempt from disclosure under applicable law. If you are not the intended recipient, you are not permitted to read, disclose, reproduce, distribute, use or take any action in reliance upon this message and any attachments and we request that you promptly notify the sender at 918-209-4647 or by reply e-mail and delete this message together with any attachments. Delivery of this message to an unintended recipient is not intended to waive any right or privilege. Retention, dissemination, distribution, or copying this communication is strictly prohibited.

In a past life, I was assistant attorney general for the Cherokee Nation. In whatever guidance you give your respective cities, distinction must be made between “Indians” and “Native Americans”. Native is a racial classification (that is, a matters of genetics) while Indian is a political one (tribal enrollment). For the purposes of McGirt and the Major Crimes Act, the question is not if the defendant and victim are Natives but if they are Indian. Being Native is not alone sufficient. If a person claims to benefit under the McGirt rule, the must demonstrate tribal citizenship. A CDIB card issued by the BIA (often called a “white card” because they are a dull white color) is not satisfactory. Instead, they would need to present a tribal citizenship card (a “blue card” for the Cherokees because ours were blue in color but each tribe has its own standards). I have advised my officers to have any defendant professing tribal status to present evidence, especially since everyone is likely to claim Indian status in an attempt to escape prosecution. John Tyler Hammons Hammons & Price, PLLC (918) 683-0309 Sent from my iPhone ________________________________ From: Oama <oama-bounces@lists.imla.org> on behalf of Teresa Nowlin <tnowlin@jenksok.org> Sent: Monday, July 13, 2020 1:46 PM To: Lowell Peterson; oama@lists.imla.org Subject: Re: [Oama] McGirt There are plenty of jurisdictional charts around, but I know particularly would love to get some guidance for our police officers are how to handle the investigative questions etc. and identifying whether a suspect is a tribal member (as well as the victim). Teresa Nowlin | City Attorney 211 North Elm | P.O Box 2007 | Jenks, OK 74037 918-299-5883 Office From: Oama <oama-bounces@lists.imla.org> On Behalf Of Lowell Peterson Sent: Monday, July 13, 2020 9:19 AM To: oama@lists.imla.org Subject: [Oama] McGirt [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Like every other city attorney in the State, I am writing just to confirm whether OAMA expects to be issuing any kind of guidance on how best to deal with the fallout from McGirt. Respectfully, [cid:image003.png@01D17643.09D9CC50] Lowell Peterson City Attorney/City Prosecutor City of Glenpool 12205 S. Yukon Ave. Glenpool, OK 74033 Tel. (918) 209-4647 Fax (918) 209-4641 Cell (918) 805-4090 lpeterson@cityofglenpool.com<mailto:lpeterson@cityofglenpool.com> ________________________________ NOTICE: This e-mail message and any attachments may contain privileged and confidential information intended solely for the use of the intended recipient. This e-mail and any attachments are exempt from disclosure under applicable law. If you are not the intended recipient, you are not permitted to read, disclose, reproduce, distribute, use or take any action in reliance upon this message and any attachments and we request that you promptly notify the sender at 918-209-4647 or by reply e-mail and delete this message together with any attachments. Delivery of this message to an unintended recipient is not intended to waive any right or privilege. Retention, dissemination, distribution, or copying this communication is strictly prohibited.

OD

O'Meilia, David

Tue, Jul 14, 2020 4:02 PM

Here is the AG's memo

Dave O'

From: Oama oama-bounces@lists.imla.org On Behalf Of Lowell Peterson
Sent: Monday, July 13, 2020 9:19 AM
To: oama@lists.imla.org
Subject: [Oama] McGirt

Like every other city attorney in the State, I am writing just to confirm whether OAMA expects to be issuing any kind of guidance on how best to deal with the fallout from McGirt.

Respectfully,
[cid:image003.png@01D17643.09D9CC50]
Lowell Peterson
City Attorney/City Prosecutor
City of Glenpool
12205 S. Yukon Ave.
Glenpool, OK 74033
Tel. (918) 209-4647
Fax (918) 209-4641
Cell (918) 805-4090
lpeterson@cityofglenpool.com mailto:lpeterson@cityofglenpool.com

NOTICE: This e-mail message and any attachments may contain privileged and confidential information intended solely for the use of the intended recipient. This e-mail and any attachments are exempt from disclosure under applicable law. If you are not the intended recipient, you are not permitted to read, disclose, reproduce, distribute, use or take any action in reliance upon this message and any attachments and we request that you promptly notify the sender at 918-209-4647 or by reply e-mail and delete this message together with any attachments. Delivery of this message to an unintended recipient is not intended to waive any right or privilege. Retention, dissemination, distribution, or copying this communication is strictly prohibited.

Here is the AG's memo Dave O' From: Oama <oama-bounces@lists.imla.org> On Behalf Of Lowell Peterson Sent: Monday, July 13, 2020 9:19 AM To: oama@lists.imla.org Subject: [Oama] McGirt Like every other city attorney in the State, I am writing just to confirm whether OAMA expects to be issuing any kind of guidance on how best to deal with the fallout from McGirt. Respectfully, [cid:image003.png@01D17643.09D9CC50] Lowell Peterson City Attorney/City Prosecutor City of Glenpool 12205 S. Yukon Ave. Glenpool, OK 74033 Tel. (918) 209-4647 Fax (918) 209-4641 Cell (918) 805-4090 lpeterson@cityofglenpool.com<mailto:lpeterson@cityofglenpool.com> ________________________________ NOTICE: This e-mail message and any attachments may contain privileged and confidential information intended solely for the use of the intended recipient. This e-mail and any attachments are exempt from disclosure under applicable law. If you are not the intended recipient, you are not permitted to read, disclose, reproduce, distribute, use or take any action in reliance upon this message and any attachments and we request that you promptly notify the sender at 918-209-4647 or by reply e-mail and delete this message together with any attachments. Delivery of this message to an unintended recipient is not intended to waive any right or privilege. Retention, dissemination, distribution, or copying this communication is strictly prohibited.