Oklahoma Tribal Courts Lawyer, Tulsa

Your Dedicated Tribal Lawyer in Tulsa

Tribal lawyer Emilyn Potter is dedicated to the legal issues impacting Native Americans and Indians today. Tribal jurisdiction is complicated and has its own laws and regulations, different from local, state, or federal authority. Using our knowledge of tribal law — which includes state-by-state jurisdictional details — allows us to help clients navigate how tribal laws can affect their cases.

At the Law Office of Emilyn Potter, our experienced legal team can help you understand the jurisdictional issues involved in your case. Emilyn can help you navigate the complex world of tribal law and advise you about which court system to use and what rights you have under tribal law.

Emilyn has experience representing clients before tribal courts and other tribunals throughout Oklahoma. If you are facing criminal charges or civil litigation, she will work hard to get you the results you deserve.

About Tribal Justice Attorney Emilyn Potter

Tribal Justice Attorney Emilyn Potter began her law career in 1997 and graduated from the Thomas Jefferson School of Law in 2000. She has been practicing law for decades in U.S. federal courts’ Western, Eastern, and Northern Districts.

Emilyn is also authorized to represent clients before the state court system of Oklahoma and the tribal court systems of the Pottawatomie, Cherokee, Muskogee Creek, Osage, and Choctaw Nations. Her legal practice includes:

• Representing people in tribal court cases, including family law cases, divorce proceedings, domestic abuse, and custody cases.
• Helping clients resolve issues related to estate planning by helping them administer trusts and estates
• Advising clients about the advantages of living off-reservation and how they can avoid potential legal issues
• Working for clients facing federal criminal convictions, including drug dealing, fraud, money laundering, and racketeering

If you live on a reservation and are charged with a crime, have a civil matter or probate case, contact a tribal attorney immediately. Our tribal justice attorney can discuss your case, advise you of legal consequences, and help protect your rights.

How Does Tribal Jurisdiction Work In Oklahoma?

Tribal court rules indicate that tribal governments can’t force people to give up their land for non-tribal use. In 1834, President Andrew Jackson issued an executive order creating the Five Civilized Tribes: Cherokees, Chickasaws, Choctaws, Creeks, and Seminoles. These tribes were given control over their own territories.

Tribal court rules have changed since 1834, but many still apply today. We can guide you through the legal process. Get started today and contact our Tulsa, Oklahoma office for a free consultation at (918) 890-0881.

Tribal Court Law In Oklahoma

Tribal court law indicates that Native American tribes have sovereign immunity, meaning they have a distinct and separate judicial system, including legal codes, rules, and formalities. As a result, many legal issues ranging from criminal prosecution to family law disputes are settled outside the purview of Oklahoma state laws and courts and are instead dealt with under tribal court law and within tribal court rules.

This means that members of Native American tribes do not always have to follow the same laws or face the same penalties as non-native citizens. This does not, however, apply to all cases and courts. It is important, therefore, if you are unsure which jurisdiction applies, or what your rights might be in tribal court, to contact a qualified and licensed tribal justice attorney.

When Does Tribal Court Law Have Jurisdiction?

Sovereign immunity for tribal courts is not applied to every case, especially in criminal court. In fact, not too long ago, it was extremely rare. Tribal jurisdiction was rarely respected, poorly understood, and not widely applied. Oklahoma even tried even tribe members who committed crimes against other tribe members on tribal land under state criminal law.

Recently, with the 2020 Supreme Court’s decision in McGrit vs Oklahoma, this changed. Not only did it vastly expand the territory under which tribal law holds jurisdiction, but it also returned full power over most court cases, including criminal cases committed by tribe members against tribe members, to Tribal courts. However, an amendment to that ruling (Oklahoma v Castro-Huerta, 2022) clarified that non-tribal members could still be charged and tried under state rules even if their crime was against tribe members on tribal land.

In general, there are two types of jurisdictions exercised by tribal court rules: criminal and civil, which are not handled identically.

Criminal Jurisdictions For Tribal Court Laws And Their Exceptions

Native American tribes have criminal jurisdiction over non-federal criminal offenses. Therefore, if a defendant commits a crime on a reservation, they may be prosecuted by a tribal court, with some important exceptions.

Since 2022, as a result of the Supreme Court decision in Oklahoma v Castro-Huerta, if a defendant is non-native, they may be tried by a state court, even if the offense was against a tribe member.

Additionally, If the offense was against certain federal laws, federal criminal jurisdiction still applies, meaning that a defendant, even a native one, can still be tried for those federal crimes in federal criminal court, even if they were allegedly committed on native lands.

Civil and Family Tribal Court Law Jurisdictions

Tribal nations have civil jurisdiction over disputes between native citizens. For example, if a member of a tribe sues another member for breach of contract, the tribe would have jurisdiction over the case. This applies in particular and most often to family law issues, such as divorces or child custody disputes but also affects probate law.

For many family law issues as well as certain other civil disputes, even if one member of the family is non-native, tribal court rules and tribal court law may apply as long as one member belongs to the given tribe. This kind of case can be particularly complicated and often requires a tribal justice attorney well-versed in the civil rules and laws of both Oklahoma state and the various native tribes in question.

Tribal Court Law

Tribal court law indicates that Native American tribes have sovereign immunity, meaning they do not have to follow the same laws as other citizens. Sovereign immunity also means that tribes have exclusive jurisdiction over criminal cases involving tribal members. In general, there are three types of jurisdictions exercised by Indian tribes: criminal, civil, and probate.

Criminal Jurisdiction

Indian tribes have criminal jurisdiction over offenses against tribal law. Therefore, if a defendant commits a crime on a reservation, he may be prosecuted by a tribal court or a state court.

Civil Jurisdiction

Tribal nations have civil jurisdiction over disputes between themselves. For example, if a member of a tribe sues another member for breach of contract, the tribe would have jurisdiction over the case.

Probate Jurisdiction

Indian nations have probate jurisdiction over deaths occurring within their borders. If someone dies on a reservation, the tribe will determine how to distribute their property.

Contact Tribal Justice Attorney Emilyn Potter Today

At the Law Office of Emilyn Potter, we understand that dealing with tribal court law can be stressful. We work hard to ensure that every client receives the best advice and legal representation throughout their case.

For more information on how our Tribal Lawyer can help you, schedule a free case analysis or call our office at (918) 890-0881.