MVSKOKE RESERVATION – On Friday March 15, Muscogee (Creek) Nation District Court Judge Lisa Otipoby-Herbert ordered a stay in the case of MCN v. Matthew Douglas. The stay postponed Douglas’ scheduled March 27 arraignment in tribal court on felony assault charges, specifically felony-protected status battery.
As noted in MCN court documents, the stay suspends MCN District Court proceedings until a decision is made in the case of Douglas v. Wisner, a result of a writ of habeas corpus filed by Oklahoma Attorney General Genter Drummond in the U.S. Eastern District of Oklahoma Court.
Drummond filed the civil petition Feb 19 on behalf of Douglas. It names Commissioned MCN Attorney General Geri Wisner, MCN Criminal Prosecutor Mathew Hall, and MCN Judge Lisa Optipoby-Herbet as respondents. A writ of habeas corpus is used in federal court to determine the lawfulness of imprisonment. Drummond argues in the petition that while Douglas has yet to be arraigned on those charges, he is technically “detained”.
The petition also asks the Eastern District Court to dismiss the case on the grounds that MCN Tribal Jurisdiction does not apply to Douglas and that MCN tribal court has no authority to prosecute non-Indians. It asserts Douglas’ prosecution is happening ultra vires, or beyond the authority of the Nation.
Wisner has argued that the authority granted to tribes in the 2022 Violence Against Women Act expanded tribal authority to prosecute non-Indians.
On March 19, Magistrate Judge for the Eastern District Court D. Edward Snow granted a motion of extension, giving the MCN time to respond to the petition by April 30.
Douglas’ charges in tribal court arose after a conflict between MCN Lighthorse Deputy Chief Dennis Northcross and Douglas during the booking procedure of a non-tribal citizen at the Okmulgee County Jail. Douglass is being charged with protected status battery, per MCN code Title 14 section 2-303, “The crime of protected status battery is a felony and occurs when all of the elements of battery are present and, in addition, it is knowingly committed against: 1. Law enforcement officials, referees or umpires, teachers or school officials, during performance of or relate to their duties.”
In response to Drummond’s court filing, Principal Chief David Hill made the following statement, “Muscogee (Creek) Nation is aware that Attorney General Drummond’s office has filed a federal lawsuit challenging the authority of the Nation to file criminal charges in its own court and under its own laws against a non-Indian defendant for acts occurring within the Muscogee Reservation, even though Congress has already affirmed the authority of tribal nations to exercise this authority in certain situations. The Nation has yet to be served with the petition, but the Nation will respond appropriately when the time comes. It is unfortunate that AG Drummond will spend the State’s resources challenging the authority of the Nation to prosecute crimes in its own reservation when that defendant has his own attorney and is free to make those challenges for himself in court.”
To view Drummond’s writ of habeas corpus filing, https://tinyurl.com/2jescb4k.
