Tribes go AWOL on McGirt response

Tribal-government officials say they can handle the new responsibilities placed on them as the result of the U.S. Supreme Court’s ruling in McGirt v. Oklahoma, which effectively declared most of eastern Oklahoma to be the reservation land of the Muscogee, Cherokee, Chickasaw, Choctaw and Seminole nations.

Yet, when given the opportunity to publicly discuss how they will preserve public safety on reservation land at a recent Tulsa forum, the leaders of all five tribes went AWOL. They didn’t respond to invitations. They didn’t show up.

That (in)action sent a loud message about the seriousness of tribal leaders and provides no comfort to the 1.8 million Oklahomans living in eastern Oklahoma.

Because of McGirt, state officials cannot arrest or prosecute criminals with any degree of tribal heritage in eastern Oklahoma, while tribal courts have little authority over non-Indians. That leaves the federal government to prosecute most crimes involving a tribal-member victim or perpetrator. Unfortunately, the federal government isn’t doing so.

Although federal law-enforcement officials are investigating major crimes (murder, rape, etc.), lower-level crimes such as theft are not being prosecuted. Rogers County District Attorney Matt Ballard said federal officials are declining to prosecute 95 percent of crimes reported to them. Seminole County District Attorney Paul Smith similarly said many crimes in eastern Oklahoma now “go unaddressed.”

The victims are citizens of all backgrounds—including tribal citizens. Who is going to protect those Oklahomans?

In convening and attending the forum, Gov. Kevin Stitt and district attorneys from areas affected by McGirt showed they are prepared to lead. Stitt also showed leadership in challenging the Biden administration’s effort to federalize mining regulation in eastern Oklahoma because of McGirt.

That’s in sharp contrast to tribal officials. While tribal leaders were invited to the Tulsa forum, the governor’s office received no response, despite numerous follow-up efforts.

Instead, Muscogee Nation Principal Chief David Hill issued a statement decrying the forum as a “one-sided” political campaign that is “intended only to spread misinformation.” What information presented at the forum does the Muscogee Nation dispute? Hill didn’t say.

There has been an abundance of political rhetoric from tribal leaders like Hill, but an almost complete absence of meaningful conversation on how they will preserve public safety when both state and tribal governments have little ability to prosecute crimes on reservation land and the federal government isn’t prosecuting most crimes.

Oklahomans of all backgrounds deserve answers.

Some tribal officials describe McGirt as an opportunity. But the reality is that economic opportunity is going to be very limited and dwindle quickly in eastern Oklahoma if basic public safety cannot be maintained.

There is no path forward for Oklahoma that does not involve consistent enforcement of the law for all Oklahomans of all backgrounds. Those who duck this discussion forfeit their right to call themselves leaders.

Jonathan Small serves as president of the Oklahoma Council of Public Affairs.

OKLAHOMA CITY (July 26, 2021) – Governor Kevin Stitt announced his appointment of Judge Dana L. Kuehn to the Supreme Court of Oklahoma. This is Governor Stitt’s third appointment to the state Supreme Court. Judge Kuehn is the first woman to serve on both of the State’s high courts.

“I am honored to appoint Judge Kuehn to the Oklahoma Supreme Court,” said Governor Stitt. “Kuehn is a diligent public servant, and is well versed in many complex areas of the law. I have every confidence in her ability to uphold and defend justice for Oklahomans.” 

“As a lifelong Oklahoman, I feel such privilege for the opportunity to serve the state at this capacity. I share the governor’s passion in making Oklahoma the best it can be and am eager to do so through the Supreme Court,” said Judge Kuehn. “I am grateful to Governor Stitt for his faith and trust as I begin this new role.”

Prior to her appointment, Judge Kuehn served as an Oklahoma Court of Criminal Appeals Judge since 2017. In this role, Kuehn was the 2021 Presiding Judge, the Vice- Presiding Judge from 2018 to 2020 and the Oklahoma Judicial Conference Vice President. Kuehn was an Associate District Judge of Tulsa County from 2006 to 2017, before moving to the Court of Criminal Appeals. She is also an experienced attorney and worked as a Tulsa County Assistant District Attorney and as an associate attorney at Steidley and Neal, before becoming a Judge.

OKLAHOMA CITY – Several Oklahoma House Democrats released statements today calling for Gov. Kevin Stitt to reinstate the emergency declaration for COVID-19. The statements follow several schools, including Broken Arrow, Owasso, and Stillwater, announcing policies to not quarantine students who have been exposed. 

State Rep. Trish Ranson, D-Stillwater:

“After speaking to leadership in some of these districts, it is becoming clear that they are following guidance from the state health department, which is concerning since the policies are not consistent with CDC guidelines. Stillwater is an education town, and the lack of consistent and fact-based policy from state leadership has left our entire community exposed and unprepared for this growing COVID wave. 

“Oklahomans, especially those making decisions to keep children safe, need better information from state leadership, and we need the Governor to declare a state of emergency.” 

State Rep. Andy Fugate, D-Del City:

OKLAHOMA CITY (July 23, 2021)— Governor Kevin Stitt announced today he has appointed John O’Connor to serve as the Attorney General for the State of Oklahoma. Under Article VI, Section 2 of the Oklahoma Constitution, and 51 O.S. § 10, the Governor has the authority to appoint an attorney general should the office be vacated prior to the term’s expiration. O’Connor will fill the unexpired term ending January 9, 2023.

“I am excited to appoint John O’Connor to serve as Oklahoma’s attorney general,” said Governor Stitt. “John is the right leader for this moment. As an attorney, John is known amongst his peers to be of the highest competence and integrity, receiving the highest possible ethical and legal ratings during his 40 years of practice. More importantly, John is a man of high moral character who will do the right things for the right reasons – not for personal gain. I have the utmost confidence in him to uphold the law and fight for all 4 million Oklahomans.”

O’Connor is an attorney at Hall Estill, a Tulsa-based regional full service law firm. He has 40 years of experience in the field of law, focusing on civil litigation including complex commercial and general civil litigation. O’Connor has an AV peer review rating through Martindale-Hubbell and has been recognized as an Oklahoma Super Lawyer, one of Oklahoma’s Top Rated Lawyers, and a Best Lawyer in America. He was also one of 10 attorneys who were selected by the Editorial Board of the Tulsa Business Journal to be recognized among Tulsa's 2012 Power Attorneys. In 2018, President Donald Trump nominated O’Connor to serve as a United States District Judge for the Northern and Eastern Districts of Oklahoma. O’Connor earned a Bachelor of Arts degree in political science from Oklahoma State University and graduated law school from the University of Tulsa College of Law.

“I am humbled and honored to have been selected by Governor Stitt to serve 4 million Oklahomans as attorney general protecting their interests and the State of Oklahoma,” said O’Connor. “There is much work to be done and I look forward to bringing my experience to the office in service to the good people of Oklahoma.”

O’Connor is an active member of his community. He is a past-President of the Rotary Club of Tulsa and served two terms as President and Director of Tulsa’s Ronald McDonald House. He has served as a member of the Board of Directors of Dillon International, Inc., an international country adoption agency, and as a member of the Board of Directors of the Oklahoma State University Alumni Association. Until recently, he also served on the board of trustees for OSU-Tulsa.

A Tulsa native, O’Connor has been married to his wife Lucia for 43 years. They have four children and 10 grandchildren.

TIME TO RETHINK OKLAHOMA’S EMERGENCY POWERS

OKLAHOMA CITY, OK (July 21, 2021) – The 1889 Institute has released “Rethinking Emergency Powers in Oklahoma,” a proposal to reform the state’s emergency powers provisions. It proposes that declared emergencies last only one week before the legislature must weigh in to extend such declarations by two weeks. After that, the legislature must pass explicit enactments according to warranted circumstances. Right now, Oklahoma’s Emergency Management Act allows the legislature to extend an emergency declaration indefinitely.

“The legislature—the body in which all laws originate—is the proper authority to determine the best path forward in an ongoing, long-term emergency situation,” said the study’s author, 1889 Research Fellow, Mike Davis. “Emergency powers are a dangerous tool, granting nearly unchecked power to officials at the executive level of governments. It should only exist with tight safeguards,” Davis said.

Davis also criticizes the way an emergency is defined in Oklahoma law.

OKLAHOMA CITY (July 21, 2021) – Governor Kevin Stitt announced today the appointment of Gregory Blackwell to the Oklahoma Court of Civil Appeals.  This is the governor’s fourth appointment to the Court.

“Greg Blackwell has proven his legal expertise through his years of practicing and defending the law,” said Gov. Stitt. “I am confident he will serve on the Court of Civil Appeals with honor and commitment.”

"I'm humbled and grateful that the governor has appointed me to serve the people of Oklahoma as an appellate judge,” said Blackwell. “My career has taken me to many places, but I've never felt more at home than at the Court of Civil Appeals. I look forward to meeting my new colleagues, rolling up my sleeves, and doing the important work of the court for many years to come." 

OKLAHOMA’S GOVERNMENT COULD BE SMALLER

OKLAHOMA CITY, OK (July 7, 2021) – The 1889 Institute has updated “Oklahoma Government Revenues and Spending in Perspective,” a Fact Sheet that compares Oklahoma to the other states in total taxes and fees collected by state and local government as a percentage of the state’s GDP. Oklahoma ranks 13th among the states in how low its governments’ revenues are compared to other states.

The Fact Sheet also looks at state and local government spending in six categories: higher education, public education, public welfare, hospitals, highways, and corrections. Oklahoma spends more of its GDP on higher education than 32 other states, but spends more by this measure than only 9 states on public education.

“In looking at the spending rankings, it’s clear that Oklahoma could spend more efficiently in some areas,” said Jason Lawter, the study’s author and Fiscal Policy Fellow at the 1889 Institute. “This does require discernment, though, given that the state’s road needs may well justify Oklahoma outspending 33 other states in that area,” he said.

David Running for Corporation Commissioner
Pledges strong, conservative leadership

Porter, Okla.: State Senator Kim David announced today that she is a candidate for Oklahoma Corporation Commission. 

“For the past decade, I’ve fought to ensure Oklahomans have reliable, affordable energy and strong infrastructure,” David said. “Serving on the Oklahoma Corporation Commission is the next step in continuing this important work while growing jobs and opportunities in our state.”

As a Republican leader in the Senate, David recently helped advance one of the body’s most conservative legislative agendas in the history of Oklahoma, which was then signed by Gov. Stitt.

A historic figure in Oklahoma politics, David is the first woman since statehood to be named majority leader of the Oklahoma State Senate. She is also the first woman to chair the Senate Appropriations Committee, and the first Republican woman to serve as majority whip.

David will seek to fill the seat of Commissioner Dana Murphy, who is retiring due to term limits.

“It is with great excitement that I announce my campaign to run for State Superintendent. As a teacher, I have spent my career advocating for and on behalf of our state's incredible educators and students and will continue to do so as I seek this new role as State Superintendent.”

OKLAHOMA CITY, OKLAHOMA -- Ryan Walters today announced his campaign for Oklahoma State Superintendent. Walters currently serves as the Secretary for Public Instruction. 

“I am thrilled to announce my campaign for Oklahoma Superintendent of Public Instruction. Oklahoma is the best place to live, work, and raise a family in the nation but Oklahoma will only continue to thrive if we have an educated workforce to support our growing economy. 

Walters continued, “As an educator myself, I have enjoyed following my students and seeing how their education in my classroom and countless others directly contributed to their personal success. I will not stop until every Oklahoma student is given the educational opportunities to succeed to their highest potential. That is what is driving my run for state Superintendent.

Walters was named Secretary of Public Education by Governor Kevin Stitt in September of 2020. As Secretary of Education, Walters is responsible for various agencies, boards and commissions, including the State Board of Education, College and University Boards of Regents or Trustees, Office of Educational Quality and Accountability and the State Board of Career and Technology Education.  

“Serving as Secretary of Education alongside Gov. Kevin Stitt has prepared me for the state Superintendent role in countless ways.