Oklahoma Governor Kevin Stitt recently hired Tulsa attorney Ryan Leonard as a consultant on Native American issues, following the U.S. Supreme Court’s ruling in McGirt vs. Oklahoma. That decision involved Jimcy McGirt, who was convicted in state court of rape and other sexual crimes against a child. The court ruled McGirt was improperly tried in state court because he is a Native American and the crimes were committed within the Muscogee (Creek) Nation’s reservation, which was never officially disestablished by the U.S. Congress when Oklahoma became a state.
Stitt said, “The recent McGirt decision creates uncertainty and raises previously uncontemplated jurisdictional issues for the state of Oklahoma. Ryan Leonard is an experienced legal advocate and will be an important part of our team as we work collaboratively with our federal, tribal and state partners to provide an environment of fairness, clarity and unity for all Oklahomans.”
Stitt said he plans to pursue federal legislation to resolve the unanswered questions surrounding the McGirt vs. Oklahoma decision. However, officials from three of the state’s Five Tribes–the Muscogee (Creek), Choctaw and Seminole Nations–oppose federal legislation and instead want to maximize their sovereignty and self-governance.
The McGirt ruling negates much of the state’s criminal jurisdiction in the Creek Nation and possibly suggests state prosecutors have no authority in the eastern half of Oklahoma.
Earlier, Stitt decided not to appeal a federal court ruling that the state’s 15-year-old tribal gaming compacts automatically renewed on January 1. He had claimed the agreements expired at the end of 2019 and tribes were operating casinos illegally in Oklahoma. Stitt wanted tribes to pay more than the current 4 percent to 10 percent of revenue for exclusive rights to operate Class III gaming, including slot machines.
Leonard is an attorney with the law firm of Edinger, Leonard & Blakley PLLC. Previously he served as a state prosecutor in Canadian County and for four years was a legislative assistant and chief aide on Native American affairs to former U.S. Senator Don Nickles, who serves on the governor’s Commission on Cooperative Sovereignty.
Stitt also recently appointed Creek Nation member and former Senate President Pro Tem Brian Bingman to the position of chief policy advisor, secretary of state and secretary of Native American affairs.
Records indicate Stitt has paid at least $1.5 million in legal and other fees in his dispute with the state’s tribes over gaming compacts.
