Whose jurisdiction? | Dueling tribes anticipate legal battle over policing
Dec 12, 2024
Two tribes dueling over jurisdiction and policing anticipate having to hash the issue out in court.The Cherokee Nation accuses the United Keetowah Band Lighthorse Police of being fake law enforcement. The Cherokee Nation, along with 32 other local law enforcement agencies, recently issued a warning letter to the public. In it, they call the UKB Lighthorse a rogue police force.Cherokee Nation Principal Chief Chuck Hoskin Jr. says that while this has been a dispute for quite some time, he is ramping up efforts to try and get them to stop. He points to recent court cases highlighting the issue, including a recent DUI that a judge threw out due to UKB involvement.The only reason that case was dismissed is because the UKB is so invested in this phony idea that the UKB can somehow reach back to 19th century treaties and put police on the street who dont have authority, he said. What we are trying to say is enough is enough.UKB Tribal Counsel Victoria Holland says the UKB should have been allowed a say in that DUI case. She adds that as a federally-recognized tribe, the UKB has concurrent jurisdiction over Cherokee land, and the recent damning letter is putting their officers in danger.When you have people out there saying that this is not legitimate law enforcement, that makes people more brazen and bold, which adds to the danger of an already inherently dangerous position, said Holland.Hoskin compared this situation to gaming rights. He said the UKB had to cease operating their Tahlequah casino because it was on Cherokee land. He said it is not about whether the UKB is a federally-recognized tribe, its that they do not have a reservation to police.There are a lot of federally-recognized tribes in this country, he said. Criminal jurisdiction is tied to a land base, of which they have none in terms of a reservation.With two tribes of different opinions, who can ultimately decide? Holland says the federal government who has not.We are hopeful that the U.S. will come down with a position, but at this time, it has not occurred, she said. Until then, we will assert our rights of sovereignty.There is another case highlighting the issue. A woman has filed a lawsuit claiming false imprisonment due to a UKB arrest. That case is still pending.The Cherokee Nation maintains the UKB is not cross-deputized with any local law agencies. The UKB says their officers are CLEET-certified and the Bureau of Indian Affairs allows them to enforce the law.Stay in touch with us anytime, anywhere -- Download our free app for Apple, Android and Kindle devices. Sign up for daily newsletters emailed to you Like us on Facebook Follow us on Instagram SUBSCRIBE on YouTube