May 1997 INDIAN LAW REPORTER 24 ILR 6073

CONSTITUTIONAL COURT
OF THE CHOCTAW NATION OF OKLAHOMA

DURANT, et al v. DRY, et al,

No. C-96-02 (Choctaw Const. Ct., Dec. 3,1996)

Summary.

In an action for declaratory and injunctive relief, the Constitutional Court of the Choctaw Nation of Oklahoma holds that the tribal constitution does not prohibit the tribal government from contracting with the Secretary of the Interior and that the tribal government has the constitutional authority to enter into cross-deputization agreement and thus the petitioners lack justification to seek relief in state court.

Full Text

Before WOLFE, Presiding Judge, JEFFERSON and MULLIN,Judges

Order

This matter comes on for hearing on October 12, 1996 on petitioners petition for declaratory and injunctive relief. Petitioners appear by Bob Rabon. Respondents appear by Scott Kayla Morrison. Arguments presented, briefs filed and based thereon the court Finds:

(1) That Council Bills 138-91 and 111-92 are constitutional and that the Choctaw Nation Constitution does not prohibit the tribal government from contracting with the Secretary of the Interior, etc

(2) That the Choctaw Nation has the constitutional authority to enter into cross-deputization agreements with the Bureau of Indian Affairs and any state. county, city or any other local government law enforcement agency.

(3) That Bob Burlison and Douglas G. Dry are without authority to seek decisions in the state district courts concerning the internal affairs of the Choctaw Nation.

It is therefore ordered adjudged and decreed:

(1) That Council Bills 138-91 and 111-92 are constitutional and that the Choctaw Nation Constitution does not prohibit the tribal government from contracting with the Secretary of the Interior, etc.

(2) That the Choctaw Nation has the constitutional authority to enter into cross-deputization agreements with the Bureau of Indian Affairs and any state, county, city or any other local government law enforcement agency.

(3) That Bob Burlison and Douglas G. Dry are without authority to seek decisions in the state district courts concerning the internal affairs of the Choctaw Nation.

Counsel for petitioners: Bob Rabon, Hugo, Oklahoma

Counsel for respondents: Scott Kayla Morrison, Wilburton, Oklahoma