OCPA column: No need for state handout to tribal government

No need for state handout to tribal government By Jonathan Small Oklahoma’s tribal governments have their own police forces, their own court systems, and immense wealth from casinos to pay for their public-safety responsibilities. So why did tribal entities recently seek an indirect subsidy from state government? Lawmakers recently passed House Bill 3501, which would have required the Department of Public Safety to “recognize and act” upon a report of conviction from any tribal court in Oklahoma.  Supporters said the bill would target drunk drivers, but tribal courts can issue orders regarding issues other than DUI violations, and it appears the legislation could have required state police to carry out a wide range of orders on behalf of tribal governments. Fortunately, Gov. Kevin Stitt vetoed the bill, writing that it would have required state law-enforcement officials “to carry out tribal court adjudications, no questions asked.” That’s worth stressing because tribal courts can issue orders that might not pass legal muster in Oklahoma’s state court system. To cite one prominent example, the Cherokee council approved an “Anti-Harassment Act” that allows tribal officials to obtain tribal-court ordered restraining orders against any individual who “annoys” officials, apparently including through social-media posts made “over time, however short.” Read more » by Jamison Faught - May 23, 2022 at 08:21AM

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