You need skilled representation in the Muscogee (Creek) Nation tribal court. Call defense attorney and family lawyer Jason Lile at (918) 947-6552.
· As the Court decided, the land belongs (and has belonged) to the Creek Nation since 1832. This issue first appeared in Murphy v. Royal in 2017. 876 F.3d 896 (10th Cir. 2017). There, a man named Murphy was accused of killing another man in Oklahoma. He was tried and convicted in the Oklahoma state courts and was sentenced to death. Id. at 904-05.
Luke Barteaux is licensed to practice law in the Muscogee Creek Nation and Osage Nation court systems. He is also a member of the Cherokee Nation Bar Association but is conflicted from practicing at this time in Cherokee Nation courts because he is a Cherokee Nation District Court Judge. Mr. Barteaux has routinely taken tribe court cases involving family law, divorce, custody, …
Eventually, each member was able to sell his own parcel of land and, so the argument goes, if the land is no longer owned by the Creek Nation member, it is no longer Creek Nation land. However, the Court is quick to disregard this argument – because Congress created the reservation, only an act of Congress can diminish or remove the reservation status. The Court likened to argument to the actions of the federal government: “The federal government issued its own land patents to many homesteaders throughout the West. These patents transferred legal title and are the basis for much of the private land ownership in a number of States today. But no one thinks any of this diminished the United States’ claim to sovereignty over any land.” McGirt at *7.
XIV, 7 Stat. 368; 1833 Treaty, preamble, 7 Stat. 418. In kicking the Creek off their land (during the Trail of Tears), Congress promised to give the Creek Nation its own land to settle in what is now Oklahoma. The Creek accepted, with the treaty’s language stating there would be fixed borders to create a “permanent home to the whole Creek nation of Indians.” 1833 Treaty, preamble, 7 Stat. 418. It further established that the “United States will grant a patent, in fee simple, to the Creek nation of Indians for the land assigned said nation by this treaty.” Art III, id., at 419. This means that Congress created a reservation for the Creek Nation and gave ownership of said reservation to the Creek Nation, including the right to self-government.
The amount of land the federal government officially recognized as Native American land under tribal jurisdiction changed in the blink of an eye from 55 million acres (just 2% of all land in the United States) to 75 million acres. On July 9, 2020, the Supreme Court of the United States issued an incredible win in McGirt v. Oklahoma to Native Americans whose land has been continuously diminished over the last two hundred years.
As Justice Gorsuch recognized, this case quickly became two-fold. The issue of the case centered around a man named Jimcy McGirt; the case appeared before the Court as Mr. McGirt appealed a criminal conviction from the Oklahoma state courts. The case quickly transformed into something much greater: Who owns the large portion of land in northeastern Oklahoma? The United States or the Creek Nation? As the Court decided, the land belongs (and has belonged) to the Creek Nation since 1832.
Despite Congress’ efforts to control the Creek reservation or to diminish it, Congress has never explicitly disestablished the reservation; indeed, Congress is the only entity who has such power to do so. And so, as the Court opens, “ [b]ecause Congress has not said otherwise, we hold the government to its word.” The land belongs to the Creek Nation, and the Creek Nation alone.
An immediate question that you should ask potential tribal law attorneys concerns their track record in federal litigation—and their track record regarding tribal-related cases.
If you are under investigation for allegations that affect tribal communities, it is critical that you get in contact with a tribal attorney immediately.
Federal regulation and enforcement of Tribal Nation frauds and thefts have increased as a response to the business, trading, and gaming expansions of tribes.
Tribal law involves the law of Native American tribes and the relationship these tribes maintain with their state and federal governments. The interaction between these governing entities have significant consequences for tribal communities that can affect all parties involved—including the federal government.
A key aspect of a great federal criminal lawyer is one who is passionate about their legal representation for their clients. Without passion, there is no desire to go the extra mile, no motive to think outside the box, or no drive to utilize innovative defense strategies.
Many law firms delegate duties to junior attorneys or to research staff and only communicate relevant, important updates to their clients.
Our attorneys promise to our clients that we will use every tool and strategy in our power to fight for your rights and defend against federal accusations.