OKMULGEE – The Muscogee (Creek) National Council adopted NCR 26-002 on Saturday, April 25, during the Quarterly Session. The resolution called for a vote of no confidence in Chief Justice Andrew Adams, Vice-Chief Justice Richard Lerblance, Justice Montie Deer, Justice Kathleen Supernaw, and Justice George Thompson. The five justices are named in the resolution for handing down a decision in case SC 2023-10, Citizenship Board of the Muscogee (Creek) Nation vs. Rhonda K. Grayson and Jeffrey D. Kennedy. Their ruling declared the phrase “by blood” unlawful and void ab initio, meaning it has no legal binding power from the beginning.
The legislation states that the five justices “violated their Oath of Office by independently amending the 1979 Constitution by striking “BY BLOOD” without an affirmative vote of the people.” It further claims the will of the citizens will be silenced if the court “knowingly disregards the Constitution and Code of Laws and takes actions outside of their constitutionally granted authority, directly affecting the welfare and sovereignty of the Muscogee (Creek) Nation over its reservation lands.”
The resolution was sponsored by Representative Lucian Tiger. It was cosponsored by Representatives Mary Crawford, Sandra Golden, William Lowe, Anna Marshall, and Darrell Proctor. It was adopted into law by a vote of 13-1-1. Representative Dode Barnett voted no on the legislation. Representative Robyn Whitecloud abstained from voting.
During the discussion, Rep. Tiger quoted the MCN Constitution, which states that the constitution can only be amended by the MCNNC with an affirmative vote of 2/3. The amendment will then be put on the ballot of a special election and must receive 2/3 of the vote to be ratified. Rep. Tiger asserted that it is the only way the government can add or remove language from the Constitution.
Tiger argued that the justices violated their oath of office by removing the language “BY BLOOD” from the Constitution.
“Five individuals can not move or add language to our constitution,” Rep. Tiger said. “This (no-confidence vote) is something that could be done sooner, but it was not.”
Rep. Barnett noted that two of the five justices listed in the resolution, Justice Supernaw and Justice Deer, are now both retired. Rep. Barnett, the only representative to vote no, shared that it is not her place to question the Supreme Court’s decision.
“We couldn’t make the case in our own court system,” Barnett said. “The justices make the best decision they can with the information they are presented with.”
“This really isn’t a punishment; it’s more of an impotent gesture because it does not change anything. Justice Thompson has given his life to the service of our people. I don’t think I have a right to question his motives or his decision.”
Rep. Golden’s opinion on the issue concurred with Rep. Tiger’s, stating that the five justices broke their oath. She further stated that they do not have constitutional authority to reach the decision they reached in SC 2023-10.
“I support this because it says people that made this decision, we entrusted them,” Rep. Golden said. “They can not overstep their authority, and they did. It says in our constitution they can not do what they did. Simple as that.”
Mvskoke Media reached out to the MCN Supreme Court for a statement on NCR 26-002. The MCN Supreme Court responded that it has no comment on NCR 26-002 or on any recent actions taken by the National Council.
The implementation of the MCN Supreme Court’s decision in SC 2023-10 is currently ongoing. On Monday, April 20, MCN Principal Chief David Hill issued Executive Order 26-02 establishing the Mvskoke Citizenship Integrity Protection Commission. The commission will be composed of various MCN Tribal leaders and Tribal government department employees appointed by Principal Chief Hill, with him serving as the chairperson. The EO states that the commission is to complete a final preliminary report 60 days after its first meeting.
