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Tribal Justice United States Attorney’S Office Western District of Oklahoma

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Tribal Justice United States Attorney’S Office Western District of Oklahoma Tribal Justice United States Attorney’s Office Western District of Oklahoma Tribal Justice - Issue 2 UNITED STATES ATTORNEY’S OFFICE WESTERN DISTRICT OF OKLAHOMA Message from the United States Attorney 210 PARK AVENUE It has been a tremendously deliver a keynote address at the SUITE 400 exciting year for the Unit- opening ceremony of the 2012 OKLAHOMA CITY, OK ed States Attorney’s Office for the Sovereignty Symposium. Mr. 73102 405-553-8700 Western District of Oklahoma Cole’s address is included in this with regard to our efforts in Indian newsletter, and it was a true Country. In addition to our con- honor to host him in Oklahoma. tinued excellence in prosecuting He has asked me to thank, again, all those tribal leaders, political Inside this issue: crime, we have had great success in our outreach efforts and re- leaders and judges he met while Message from the 1 ceived several accolades. Our in Oklahoma for the hospitality U.S. Attorney commitment to public safety in he received. Indian Country remains strong, Dep. A.G. Cole 1 Speaks at Sovereignty and I want to thank all our law The Sovereignty Symposium was, Symposium enforcement partners that seek as usual, a great success and, also justice for American Indians on a as usual, included criminal justice Central Violations 2 daily basis. panel with representatives from Bureau Training all three United States Attorney’s Sanford C. Coats AGAC/NAIS Joint 2 In June 2012 the Deputy Attorney Offices in Oklahoma. Additional- Meeting at Wounded General of the United States, ly, Western District of Oklahoma United States Attorney Knee - July 2011 James Cole, came to Oklahoma to Assistant United (cont. on pg. 9) The Historical Ori- 3 gins and the Re- Establishment of Jurisdiction over United States Deputy Attorney General James M. Cole Indian Country Lands in Western Okla. Speaks at the 2012 Oklahoma Sovereignty Symposium (Remarks Reprinted from DOJ Press Release Dated June 12, 2012) U.S. Attorney’s Office 5 Hosts Native Ameri- Robert Henry, Chickasaw Astronaut can Heritage Program Thank you, Sandy, for that generous ensure public safety in all of our for Federal Court introduction, and for the continuing John Herrington, Olympic Gold Nation’s communities. Given this commitment that you and the entire Medalist Billy Mills, the World War important legal and moral responsi- Summary of 2011- 5 federal team here in Oklahoma II Indian Code Talkers, and many bility to prosecute violent crime in 2012 Significant Press bring to the Department’s work in more—who have traveled to Okla- Indian country, in reality, we can Releases Involving Indian country. I would also like to homa City, either presently or in only be effective if we have partner- Indian Country thank the Oklahoma Supreme the past, to participate in this Sym- ships and close cooperation with Court and all of its co-sponsors for posium. It’s truly a unique forum, Over $101 Million in 8 tribes, based on respect for tribal Grants to Tribes organizing today’s event. I am hon- bringing together tribal leaders, sovereignty and self-determination. Through DOJ’s ored to be among the distinguished state and federal governments, From the very beginning of this Coordinated Tribal speakers—including Representative academics, judges, and members of Administration, Attorney General Assistance Solicita- Tom Cole, the Honorable Sandra the public. Respect for tribal sover- Holder recognized the need to tion Awards Day O’Con- eignty, which inspires the title of this make tribal public safety a priority. nor, former Symposium, underlies all of the We know that many tribal nations AUSA/Tribal Liaison 9 Don Gifford Appoint- Attorney work that the Department of Justice are struggling to combat staggering ed as Associate General Janet does to further tribal justice and rates of violent crime with inade- Justice of Supreme Reno, the public safety. In much of Indian quate resources. The status quo Court of Iowa Tribe Honorable country, we alone have the authori- is—quite simply—unacceptable. In 10th Circuit ty to seek a significant term of incar- Reporting Crime in response, Attorney General Holder 9 Court of ceration when a serious crime has launched a Department-wide effort Indian Country Appeals been committed. But more im- to fight crime and strengthen tribal Chief Judge portantly, it is also a moral duty to justice systems. (cont. on pg. 4) Tribal Justice - Issue 2 Page 2 INDIAN COUNTRY MISDEMEANOR PROSECUTION PROJECT In 1998 AUSA Arvo Mikkanen, the other federal enclaves district’s tribal liaison, developed a throughout the United Indian Country Misdemeanor Pros- States. ecution project to allow BIA and tribal officers with BIA Deputy In many cases, because of Special Officer (“DSO”) commis- the jurisdictional limita- sions to issue federal violation tions of federal law, notices for crimes committed in certain offenses cannot Indian country. The system uses be prosecuted in tribal the Central Violations Bureau court due to the non- (“CVB”) for the prosecution of Indian status of the offend- Law Enforcement Officers from the BIA - Anadarko, the Comanche Nation, the Chickasaw Nation, the Iowa Tribe, misdemeanors in federal court for er. State authorities gener- and the City of Tonkawa who participated in the CVB Training held at the U.S. Attorney’s Office in April of 2011. certain offenses, particularly those ally lack jurisdiction to where a non-Indian is the perpetra- prosecute non-Indians who commit within Indian country when there is the Western District of Oklahoma and tor. The CVB, operated by the offenses against Indians. The mis- an Indian victim. Additionally, the generally includes from 5 to 15 cases at Administrative Office of the U.S. demeanor docket has allowed BIA docket allows the prosecution of each session. The majority of cases filed Courts in San Antonio, Texas, and DSO carrying tribal officers to other misdemeanors in the federal are Class “A” misdemeanors which entitle processes such federal tickets from charge a non-Indian with criminal system against both Indians and the defendant to have a jury trial. Public national parks, military bases, and misdemeanor violations that occur non-Indians alike for offenses such defenders are appointed for indigent de- as drug possession, embezzlement fendants and U.S. Probation Officers pro- from a tribe, or for hunting and vide pre-trial supervision, as well as super- fishing violations, among others. vision in cases where probation or super- The system used in the Western vised release is ordered. If jail time is District has been the focus of na- ordered as part of a sentence, the defend- tional attention and has been a ant is placed in a U.S. Bureau of Prisons model for other U.S. Attorney’s facility. Offices from a variety of districts including the Western District of Tribal police officers must first be certified Michigan, the Northern District of by the BIA to carry federal Deputy Special Oklahoma and others who have Officer Commissions, after completing an received information from the application process and undergoing spe- Western District of Oklahoma cialized training. AUSA Mikkanen has con- when considering whether to im- ducted several training sessions (pictured plement such a system. here) for both BIA and tribal officers inter- Law Enforcement Officers from the BIA – Ponca City and the Kaw Nation who participat- The docket is held once a month in ested in participating in the program in the ed in the CVB Training held at the Ponca Tribal Headquarters in March of 2012. past year. AGAC/NAIS Joint Meeting at Wounded Knee - July 2011 versary of President Obama’s American values, and training tribal signing of the Tribal Law and Or- prosecutors and police forces. der Act (TLOA) into law—a meas- ure aimed at helping both tribal governments and the federal gov- Attorney General Holder also ernment better address the unique participated in a special wreath public safety challenges facing laying ceremony at Wounded Native American communities Knee. He is the first administration across the country. official since President Clinton in 1999 to visit the historic site. During that week, U.S. Attorney U.S. Attorney Coats has served on Coats, Attorney General Eric the Native American Issues Sub- Holder, Associate Attorney Gen- committee (NAIS) of the Attorney eral Thomas J. Perrelli, Assistant General’s Advisory Committee, Attorney General Ignacia Moreno advising Attorney General Holder of the Environment and Natural on Indian Country matters since Resources Division, Department his appointment as United States of Interior Bureau of Indian Affairs Attorney. Secretary Larry Echo Hawk, and In July of 2011, U.S. Attorney San- the fields of tribal safety and do- 30 other United States Attorneys ford C. Coats joined Attorney mestic violence in Rapid City, S.D., engaged in a host of conversations, General Eric Holder and other and Pine Ridge Reservation, S.D. including combating violence administration officials as they met The tribal listening conference against women, protecting tribal with tribal leaders and advocates in coincided with the one year anni- lands, honoring traditional Native Tribal Justice - Issue 2 Page 3 The Historical Origins and the Re-Establishment of Jurisdiction over Indian Country Lands in Western Oklahoma The original Indian Territory tribal governments remained criminal jurisdiction over the was the relocation area for for many decades up until the hundreds of thousands of acres over 60 Indian tribes moved 1970s. of remaining allotments and onto reservations from as far tribal trust lands in Western away as Oregon, New York, In 1975, an Indian vs. Indian Oklahoma. It was ultimately Florida and Delaware from the homicide occurred in Caddo concluded that tribal powers 1830s until the 1880s. Local County on a Kiowa Indian al- from pre-statehood days sur- criminal jurisdiction was exer- lotment still held in trust status, vived relatively intact, despite cised on these reservations by and the question of state ver- the great loss of tribal lands tribal courts and the federally sus tribal and federal jurisdic- through the opening of most of administered Court of Indian tion surfaced.
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