10th Circuit reverses lower court's decision on traffic ticket jurisdiction case

DENVER, Colo. (KFOR) - The 10th Circuit Court of Appeals Wednesday reversed a decision by a lower district court on the City of Tulsa's jurisdiction over Natives in Indian Country.

Justin Hooper v. City of Tulsa argues the city's jurisdiction over tribal citizens while they are within the boundaries of Indian Country.

Hooper, a member of the Choctaw Nation, received a speeding ticket in 2018 from the City of Tulsa while on the Muscogee (Creek) Reservation.

He was found guilty and paid the fine. However, he filed for postconviction relief in 2020, arguing the McGirt ruling determined the city had no authority to give him the ticket.

The City of Tulsa argued Section 14 of the Curtis Act allows them such authority.

A municipal court agreed with Tulsa and denied Mr. Hooper’s application.

Hooper then sought an appeal in federal court and Tulsa filed a motion to dismiss that appeal.

The U.S. District Court for the Northern District of Oklahoma granted the motion to dismiss and dismissed Hooper’s appeal as moot.

Hooper once again appealed the decision to the 10th Circuit Court.

Today, that court made its ruling.

"Mr. Hooper does not dispute that Section 14 provided Tulsa with jurisdiction over municipal violations committed by all its inhabitants, including Indians, at the time it was enacted, as Tulsa was a municipality in the Indian Territory, authorized and organized according to chapter twenty-nine of Mansfield’s Digest," the circuit court analysis reads. "Rather, Mr. Hooper argues that once Tulsa reorganized under Oklahoma law, Section 14 no longer applied to the city. We agree."

The circuit court determined that because Section 14 of the Curtis Act no longer applies to Tulsa, the district court erred in granting Tulsa’s motion to dismiss.

As such, the court reversed the district court's decision, vacated the court's dismissal of Hooper's appeal and directed the district court to dismiss his appeal without prejudice for lack of jurisdiction so the case can be remanded for proceedings consistent with the 10th circuit opinion.

Governor Kevin Stitt spoke on the case last week while addressing his veto of certain Tribal Compacts.

"We want everybody to be successful. I just don't believe in saying, 'This group doesn't have to play by the same set of rules as everybody else,'" said Stitt. "It has nothing against sovereignty. We've all been working together since 1907. Let's keep working together, but let's not have one set of rules that favors one group over another."

The governor also released a statement after Wednesday's ruling:

I am extremely disappointed and disheartened by the decision made by the Tenth Circuit to undermine the City of Tulsa and the impact it would have on their ability to enforce laws within their municipality. However, I am not surprised as this is exactly what I have been warning Oklahomans about for the past three years. Citizens of Tulsa, if your city government cannot enforce something as simple as a traffic violation, there will be no rule of law in eastern Oklahoma. This is just the beginning. It is plain and simple, there cannot be a different set of rules for people solely based on race. I am hopeful that the United States Supreme Court will rectify this injustice, and the City of Tulsa can rest assured my office will continue to support them as we fight for equality for all Oklahomans, regardless of race or heritage.

Governor Kevin Stitt

Following Gov. Stitt's response, Muscogee (Creek) Nation Principal Chief David Hill reassured Tulsans that the rule of law still resides in eastern Oklahoma.

Following the 10th Circuit’s decision, the Cherokee Nation issued the following statement:

We are pleased that with today’s decision in Hooper v. Tulsa, the 10th Circuit upheld tribal sovereignty and settled federal law – reaffirming that states and municipalities do not have criminal jurisdiction over Indians in Indian Country. The court successfully denied attempts to circumvent these principles by turning to defunct, territorial provisions of the Curtis Act.

The Supreme Court has repeatedly affirmed the existence of our reservations. As tribes continue to prioritize tangible solutions to protect public safety on our reservations, we hope we can now move forward. We again encourage all state officials to join the cooperative efforts to promote public safety on behalf of all Oklahomans.

Cherokee Nation Principal Chief Chuck Hoskin, Jr.

The Muscogee (Creek) Nation issued the following statement directly after the ruling:

We’re pleased to see that the 10th Circuit has applied the correct rule of law concerning the questions before it regarding the Curtis Act. We can now move forward, expand resources and continue to flourish together with our partners rather than wasting anymore time challenging the sovereign rights of tribes.

Muscogee (Creek) Nation Principal Chief David Hill

The Choctaw Nation also released a statement on the ruling:

The court’s ruling today affirms what we already know: Under the McGirt decision, Indian people accused of crimes on reservations are subject to prosecution from the federal government or tribal courts, not states and cities. We strongly believe in appropriate punishments for people who break the law, just as we believe it is important to maintain tribal sovereignty by respecting the U.S. Constitution and the laws passed by Congress.

Choctaw Nation of Oklahoma Chief Gary Batton