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Muscogee Nation sues prosecutors accused of violating 'McGirt' precedent

Principal Chief David Hill speaks at the Muscogee Creek Nation Department of Health's 17th Annual Diabetes Summit in September 2023.
The Muscogee Creek Nation - Department of Health
Principal Chief David Hill speaks at the Muscogee Creek Nation Department of Health's 17th Annual Diabetes Summit in September 2023.

Muscogee Nation is suing two Northeast Oklahoma prosecutors, accusing them of violating the precedent set in the McGirt v. Oklahoma case.

The tribal nation is using a strategy similar to that of the Department of Justice under President Joe Biden. The DOJ had sued prosecutors Matthew Ballard and Carol Iski for violating federal jurisdiction laws. What will happen with the DOJ suit under a Trump administration is unclear.

Ballard (District 12) and Iski (District 25) are the district attorneys for Craig, Mayes and Rogers Counties and McIntosh and Okmulgee Counties, respectively.

District Attorneys Carol Iski (Left) and Matthew Ballard (Right)
District Attorney Council
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District Attorneys Carol Iski (Left) and Matthew Ballard (Right)

The initial DOJ lawsuit accused both prosecutors of improperly filing a total of seven cases involving Native Americans on behalf of the state in violation of the McGirt precedent.

Muscogee Nation’s new pair of lawsuits against Ballard and Iski makes similar accusations.

It’s necessary work, Principal Chief David Hill said in a written statement.

“Unfortunately, after almost five years since the McGirt ruling, some jurisdictions within our reservation refuse to acknowledge these long-standing principles of federal law, and, by doing so, they infringe on the civil rights of Indians within the Nation’s jurisdiction and interfere with the Nation’s federally protected right to self-government,” he said. “Ever since the Supreme Court’s ruling in McGirt, the Nation has made significant strides to improve and expand upon its law enforcement and judicial capabilities to provide robust public safety within the Nation’s reservation.

The Muscogee Nation isn’t the only tribe to back the DOJ. Last week, the Cherokee, Chickasaw and Choctaw Nations filed motions of support in the lawsuit.

Jurisdictional clashes have arisen since the landmark McGirt v. Oklahoma case, with multiple federal lawsuits being filed within the last year due to legal confusion.

“We are asking the federal courts to send a clear message to these recalcitrant jurisdictions that Muscogee (Creek) Nation will stand firm to defend its sovereignty,” Hill said.


This report was produced by the Oklahoma Public Media Exchange, a collaboration of public media organizations. Help support collaborative journalism by donating at the link at the top of this webpage.

Katie Hallum covers Indigenous Affairs at KOSU.
Robby grew up in Ardmore, Oklahoma and Fayetteville, Arkansas, and graduated from the University of Nebraska with a Journalism degree. Robby has reported for several newspapers, including The Roanoke Times in southwest Virginia. He reported for StateImpact Oklahoma from 2019 through 2022, focusing on education.
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