Gov. Stitt's brother loses appeal of $250 speeding ticket in McGirt-related case
Keith Stitt, an attorney, complained he never should have been charged in Tulsa Municipal Court because he is an "American Indian" who was stopped in "Indian Country."
Keith Stitt is a citizen of the Cherokee Nation and was pulled over in 2021 within the boundaries of the Muscogee (Creek) Nation.
The Oklahoma Court of Criminal Appeals ruled against him 4-1 Thursday. Judges pointed to their decision in December in a Tulsa drunk driving case.
In that opinion, the Court of Criminal Appeals ruled the city of Tulsa could prosecute Nicholas Ryan O'Brien, an Osage Nation citizen who was pulled over in the boundaries of the Muscogee (Creek) Nation.
"This Court found that Oklahoma has concurrent criminal jurisdiction in Indian country over non-member Indian defendants accused of committing non-major crimes," the majority wrote Thursday. "Pursuant to this Court's reasoning in O'Brien, Tulsa's exercise of jurisdiction in this case does not unlawfully infringe upon tribal self-government."
Disagreeing was Judge David B. Lewis. "Congress has never conferred criminal jurisdiction on the State or its municipal subdivisions to prosecute Indians for crimes committed in Indian Country," he wrote.
Keith Stitt based his appeal on the landmark 2020 U.S. Supreme Court decision in McGirt v. Oklahoma that led to widespread changes and ongoing disputes over the prosecution of Native Americans.
More: Legal fighting continues over who prosecutes Native Americans in Oklahoma
The appeal put Keith Stitt at odds with his brother, who has long complained about the confusion that has resulted from the McGirt decision.
"Public safety is at stake here. The Tulsa police need to be able to enforce the laws and keep their communities safe," the governor said in a statement to the media last year. "The City of Tulsa is right. Their opposition is not. And maybe Keith shouldn't speed."
Keith Stitt was fined $250 after being found guilty of aggravated speeding for driving 78 mph on a highway in Tulsa on Feb. 3, 2021. The speed limit was 50 mph.
During the stop, according to legal filings, Keith Stitt showed the Tulsa police officer his tribal card and said, "Isn't this my get out of jail free card?"
Keith Stitt will ask the Court of Criminal Appeals for a rehearing and may go to the U.S. Supreme Court, his attorney said.
"This decision is the crowning achievement of a recent spate of anti-Indigenous rulings handed down by these judges," the attorney, Brett Chapman, said. "Their decision is not only legally flawed but also a dangerous step toward erasing the recognition of tribal authority that has been settled law for well over a century."
Despite the victory in the drunk driving case in December, Tulsa's new mayor is now sending accusations involving tribal citizens to tribal courts.
A municipal judge in February dismissed the case against O'Brien at the request of the city. In his dismissal order, the judge wrote prosecutors said they were acting pursuant to the "Policy of the City's Administration."
O'Brien still faces prosecution in Muscogee (Creek) Nation tribal court.
Tulsa Mayor Monroe Nichols took office Dec. 2 after campaigning on a platform of "co-governing with our tribal partners."
The city also now is working to settle a 2023 federal lawsuit over its traffic cases against Native Americans, legal filings show.
The Muscogee (Creek) Nation asked a federal judge to permanently ban Tulsa "from exercising criminal jurisdiction over Indians for conduct occurring within the Creek Reservation absent express authorization from Congress."
This article originally appeared on Oklahoman: Gov. Stitt's brother loses traffic fine appeal in McGirt-related case
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