Structuring the Cherokee Nation Justice System: The History and Function of the Cherokee Nation Marshal Service

• Author: William P. Heck,Michael R. Wilds,Ralph Keen
• DOI: 10.1177/0887403401012001002
• Published date: 01 March 2001
• Date: 01 March 2001
• Subject Matter: Journal Article

CRIMINAL JUSTICE POLICY REVIEW / March 2001Heck et al. / CHEROKEE NATION JUSTICE SYSTEM

Structuring the Cherokee Nation Justice

System: The History and Function of

the Cherokee Nation Marshal Service

William P. Heck

Ralph Keen, Jr.

Michael R. Wilds

Northeastern State University

On July 4, 1986, a Cherokeetribal member was shot in the leg and arrested by a dep-

uty in Adair County, Oklahoma. In a subsequent civil action, the Tenth Circuit Court

of Appeals ruled that absent a statutory grant of authority by Congress or consent

fromthe tribe itself, Oklahoma law enforcement officers have no criminal jurisdiction

“in Indian country” unless the crime is committed by a non-Indian against another

non-Indian or the crime is a victimless crime committed by a non-Indian. Realizing

that theywere no longer protected by the state, the CherokeeNation responded by cre-

ating its own Marshal Service. This article describes the evolution of that agency,

checkerboardjurisdiction, and the need for cross deputization. In particular,the arti-

cle addressesthe recent political tribal crisis that almost devastated the newly formed

Marshal Service and the tribe’s current struggle to regain stability in the politically

charged aftermath.

On July 4, 1986, several large groups of people spent the day picnicking at

the W. W. Keeler (a.k.a. Greasy) Ballpark in southern Adair County,

Oklahoma. Early that evening, the president of the South Greasy Commu-

nity Park Association notified the Adair County Sheriff’s Department and

requested the presence of deputies to help control drinking and reckless

driving in the park. Deputy Billy Jack McLemore arrived on the scene and

soon became involved in a physical altercation when attempting to arrest

Ronnie Ross, a Cherokee tribal member, for public intoxication. During the

incident, McLemore shot Ross in the leg, which later required amputation

below the knee. Ross filed a civillawsuit against the sheriff, the deputy, and

the Adair County Sheriff’s Department. The most significant claim, and the

one that would have the greatest impact on the Cherokee Nation justice sys-

tem, was that Oklahoma peace officers had no jurisdiction to arrest an

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© 2001 Sage Publications, Inc.

Indian in Indian country (Ross v. Neff, 1990). On June 4, 1990, the Tenth

Circuit Court of Appeals found in favor of Ross, holding that criminal juris-

diction for Oklahoma law enforcement officers in Indian country is limited

to crimes committed “by non-Indians against non-Indians . . . and victimless

crimes by non-Indians” unless the tribe consents to jurisdiction or Congress

expressly grants jurisdiction to the state (Ross v. Neff, 1990, p. 1352).1

Because no tribal consent or congressional grant of jurisdiction existed, the

Adair county sheriff had no jurisdiction to arrest Ross, a tribal member, in

Indian country.

Following this landmark decision, Principal Chief Wilma Mankiller

directed two of the Cherokee Nation’s top officials, Chadwick Smith (who

would later become the principal chief) and Pat Ragsdale (a tribal adminis-

trator over government operations) to establish a tribal agency that would

ensure a permanent law enforcement presence on tribal lands. That agency

would become known as the Cherokee Nation Marshal Service.2

This article will examine the history and development of law enforce-

ment in the Cherokee Nation of Oklahoma following the “Trailof Tears.” It

will seek to demonstrate the need for the marshal service and cross

deputization of tribal and county law enforcement officers to deal with the

jurisdictional maze created by federal policies of forced assimilation and

allotment of tribal lands prior to Oklahoma statehood. The attempted dis-

mantling of the marshal service during the recent conflict between the exec-

utive and judicial branches of the Cherokee Nation will also be discussed.

Finally, effortsby the new administration to reorganize the marshal service

will be outlined with special emphasis on problems faced by a handful of

officers charged with enforcing tribal law in fragments of Indian country

scattered over the 14-county area that comprises the Cherokee Nation.

EARLY LAW ENFORCEMENT IN INDIAN TERRITORY

The Cherokee Nation evolved from a confederation of villages to a cen-

tralized government modeled after that of the United States during the early

1800s. Being the first tribe to develop a written language in their native

tongue (Sequoyah’s Syllabary), the Cherokee had both written laws and a

written constitution as early as 1827. Interestingly, they fought oppression

by the state of Georgia and early intrusions by White settlers through the

United States court system. For instance, in 1828, when gold was discov-

ered in the mountains near Dahlonega, Georgia, the area suddenly became

attractive to White prospectors. The state of Georgia beganenacting laws to

extinguish Indian title and preventthe Cherokee from acting as an independent

Heck et al. / CHEROKEE NATION JUSTICE SYSTEM 27