Law and Law Enforcement

In the aftermath of the move west into Oklahoma, the Cherokee Nation created a new constitution which divided its government into three sections like the government of the United States. As part of this partition, the Cherokee Supreme Court and District Courts were created. However, the Curtis Act of 1898 abolished all tribal courts and stripped the authority of court officials.

In 1986, a Cherokee tribal member was shot in the leg and arrested by a deputy in Adair County, Oklahoma. Subsequently, the Tenth Circuit Court of Appeals ruled in 1990 that without a grant of authority from Congress or the consent of the tribe itself, Oklahoma law enforcement officers have no criminal jurisdiction within the Cherokee Nation, unless the crime is committed by a non-Indian against another non-Indian or a victimless crime by a non-Indian. This led to the re-establishment of the District Court and the establishment of the Marshal Service, the "tribal police" of the Cherokee nation.

In 1997, the Cherokee justice system was embroiled in a crisis which seriously destabilized the Cherokee Nation. In May 1997, Joe Byrd, the Principal Chief, became locked in a battle of strength with the judicial branch of the Cherokee tribe. The crisis came to a dramatic head on March 22, 1997, when Byrd, stated in a press conference that he would decide which orders of the Cherokee Nation’s Supreme Court were lawful and which were not. A simmering crisis continued over Byrd's creation of a private, armed paramilitary force. The crisis came to a head on June 20, 1997 when his private army illegally seized custody of the Cherokee Nation Courthouse from its legal caretakers and occupants, the Cherokee Nation Marshals, the Judicial Appeals Tribunal and its court clerks. They ousted the lawful occupants at gunpoint. Immediately the court demanded that the courthouse be returned to the judicial branch of the Cherokee Nation, but these requests were ignored by Byrd. The Federal authorities of the United States initially refused to intervene because of potential breach of tribal sovereignty. The State of Oklahoma recognized that Byrd's activities were breaches in state law. By August it sent in state troopers and specialist anti-terrorist teams. Byrd was required to attend a meeting in Washington DC with the Bureau of Indian Affairs, in which he was compelled to reopen the courts. He served the remainder of his elected term under supervision and remains a free man, and in 1999 lost a bid for re-election to Chad Smith.

The District Court handles cases in civil, criminal, and juvenile realms. The 5 justices of the Supreme Court handles appeals cases and certain other cases of jurisdiction. There are approximately 35 Marshals that work and live within the 14 counties of Cherokee justice system jurisdiction.

Issues of particular concern within the Cherokee Nation include high drug and alcoholism rates (and the violence which goes with them) and domestic abuse. The Marshal Service is particularly focused on aiding victims of domestic abuse and has close ties to the Oklahoma Native American Domestic Abuse Coalition.