IN THE COURT OF INDIAN OFFENSES OF THE
CHOCTAW NATION OF OKLAHOMA

Choctaw Nation of Oklahoma,

Plaintiff,

VS.

Douglas Dry,
Juanita McConnell and
Rosa Burlison,

Defendants.

Case Nos. CR-95-01, CR-95-01, CR-95-03
AND CR-95-04


CHOCTAW NATION'S RESPONSE TO DEFENDANTS' MOTION TO DISMISS

Defendants have filed a motion to dismiss the charges herein on the grounds that this court does not have subject matter jurisdiction regarding criminal matters. In response thereto the Choctaw Nation ("the Nation") would show to the court:

1. In 1990 the Indian Law Enforcement Reform Act 25 U.S.C. §2801 et. seq. went into effect. The act contains a provision, whereby the Bureau of Indian Affairs could enter into an agreement with an Indian Tribe for the tribe to provide its own law enforcement.

2. On August 14, 1991 the tribal council approved a contract between the Nation and the United States Department of Interior ex rel the Bureau of Indian Affairs which allowed the tribe to provide its own law enforcement. (See attached Council Bill # CB-138-91 marked Exhibit A and the Contract marked Exhibit B.)

3. That on June 19, 1992 the tribal council, agreed to contract with the Bureau of Indian Affairs to establish and operate a Court of Indian Offenses pursuant to 25 Code of Federal Regulations 11. 1. A copy of the Council Bill #CB-111-92 attached and marked Exhibit C. A copy of the Contract is attached marked Exhibit D.

4. Prior to Council Bill # CB-111-92 and the execution of the contract referred to above the tribal court's jurisdiction was limited to disputes involving provisions of the Constitution and laws passed by the tribal council. However, after the enactment of said bill and execution of the contract, the tribal court became vested with criminal jurisdiction by virtue of these documents not by any constitutional provisions.

WHEREFORE, the Nation requests that this court overrule the defendants' motion to dismiss for the reasons set forth above.

 

CERTIFICATE OF MAILING

I hereby certify that on the 17th day of October, 1995, I mailed a true and correct copy of the above CHOCTAW NATION'S RESPONSE TO DEFENDANTS' MOTION TO DISMISS to Scott Kayla Morrison, P.O. Box 637, Wilburton, OK 74578, with full postage prepaid thereon.