Governor Stitt Applauds Decision in Muscogee Creek Nation v. Kunzweiler
Today, Governor Kevin Stitt applauded the decision by Judge Frizzell as yet another decisive confirmation of what Oklahoma’s highest courts—and this administration—have said from the beginning: the State of Oklahoma has full authority to prosecute individuals for most crimes regardless of race or political status.
“Judge Frizzell’s ruling is common sense, and confirms what I’ve said all along,” said Governor Stitt. “His decision to recognize the authority of district attorneys to pursue justice in every county preserves the rule of law and protects victims across our state.”
The opinion, released today, solidifies the authority of Oklahoma’s district attorneys to prosecute nonmember Indians charged with crimes that are not covered under the Major Crimes Act. This decision marks the latest in a growing line of judicial opinions reaffirming the State’s jurisdiction. The Oklahoma Court of Criminal Appeals, the Oklahoma Supreme Court, and now this federal district court have each rejected efforts to stretch McGirt beyond its narrow parameters. Courts at every level continue to reach the same conclusion: McGirt does not prevent state prosecutions outside of the Major Crimes Act.
“Our DA’s have worked diligently to keep our communities safe, even as some in our state questioned their authority to do so,” continued Stitt. “Our nation was founded on the idea that laws should be applied equally regardless of race. This decision confirms that.”
The Governor also underscored the ongoing failure of the State’s chief law officer to defend local prosecutors in these cases. Despite repeated court rulings confirming state authority, the Attorney General has refused to stand behind district attorneys who are simply enforcing state law. As a result, the State and the Legislature have had to divert taxpayer dollars to outside counsel to protect Oklahoma’s sovereign interests.
Meanwhile, the Attorney General expends his efforts and taxpayer dollars intervening in local cases to prevent district attorneys and game wardens from applying hunting and fishing laws equally.
“How many more courts have to say the same thing before Oklahoma’s chief law officer engages on the State’s side of these issue?” Governor Stitt said. “These rulings are not close calls. They are a consistent, unanimous affirmation that district attorneys have the authority to prosecute crime in their own counties.”
Read the full opinion here.
