TAHLEQUAH, Okla. – The Cherokee Nation Criminal Law Reform and Planning Task Force commissioned in 2023 by Principal Chief Chuck Hoskin Jr. has finalized its list of recommendations aimed at strengthening the tribe’s justice system and providing a roadmap for future policy changes and resource investments.
With support from Chief Hoskin, Deputy Chief Bryan Warner and the Council of the Cherokee Nation, the tribe began expanding its justice system operations and staffing following the 2020 U.S. Supreme Court McGirt v. Oklahoma and the 2021 state-level Hogner v. Oklahoma decisions, which reaffirmed the tribe’s reservation status and criminal justice responsibilities over criminal cases involving Native Americans within the reservation boundaries.
The task force, established by Chief Hoskin’s 2023 executive order, engaged internal and external subject matter experts for feedback on the tribe’s justice system.
“Deputy Chief Warner and I worked with the Council in December 2023 to establish the Criminal Law Reform and Planning Task Force. Following the McGirt and Hogner decisions, we have worked at record pace to bolster our criminal justice system and seize the opportunity to assert tribal sovereignty. The task force’s work provides us with the recommendations we need to begin planning for the short- and long-term needs of our justice system,” Chief Hoskin said. “We aim to build the best possible criminal justice system, because the Cherokee people and the larger public deserve a system that protects victims and, when possible, leads to paths of reform, redemption and hope for those who offend.”
In its final report available online, the task force made several key recommendations:
• Providing additional investments into alternative, evidence-based sentencing programs that address underlying factors driving criminal behavior;
• Expanding the tribe’s re-entry services for offenders within the tribe’s justice system with additional staffing and funding;
• Fostering collaboration among stakeholders to implement and evaluate innovative approaches to sentencing and re-entry.
“The Criminal Law Reform and Planning Task Force was charged with evaluating the Cherokee Nation’s criminal justice system to ensure it is effective, efficient and meeting pivotal objectives relating to rehabilitating Cherokee citizens convicted of criminal offenses,” said Cherokee Nation Attorney General Chad Harsha. “Ultimately, I believe the task force recommendations will provide the Cherokee Nation with the guidance it needs to expand our criminal justice system as the best in Indian Country.”
The task force also considered whether Cherokee Nation should enhance its judicial infrastructure through construction of a jail facility, ultimately recommending the tribe defer the substantial costs of constructing and operating a jail at this time. The task force estimated the construction cost for a jail facility to be $210.5 million excluding the cost of land, and the tribe would also face an estimated annual operating cost of no less than $35 million. Instead, task force members recommended Cherokee Nation expand its opportunities for custody diversion through risk assessments, electronic monitoring and other processes.
“Throughout this process, Chief Hoskin and I encouraged the task force members to place great emphasis on considering the historical context of past injustices and trauma many Cherokees have experienced over many generations,” Deputy Chief Warner said. “I appreciate that the task force took our advice and offered solutions that lead to a path of restorative justice practices rather than perpetuating a punitive approach to justice. We want to keep our Cherokee values and traditions in mind through everything we do, and placing a focus on rehabilitation programs, mental health services and substance abuse treatment helps us address the root causes of crime and, as the task force points out in their report, promote community well-being.”
Although current federal law restricts the lengths of sentences tribes can impose on offenders within tribal court systems, tribes with criminal justice authority can impose years-long prison sentencing for a range of crimes.
Cherokee Nation has operated a re-entry program since 2014 to assist Cherokee Nation citizens within its reservation to navigate the challenge of becoming stable and productive in areas of life such as housing, health care and employment.
Members and stakeholders of the Criminal Law Reform and Planning Task Force included:
• Chad Harsha, Attorney General (chair)
• Shannon Buhl, Marshal (member)
• Shella Bowlin, Secretary of State (member)
• Todd Hembree, Cherokee Nation Businesses (member)’
• T. Luke Barteaux, Presiding Cherokee Nation District Judge
• Mike Shambaugh, Speaker of the Council of the Cherokee Nation
• Daryl Legg, District 6 Tribal Councilor (member)
• Matt Lamont, Director of Cherokee Nation Reentry Program (stakeholder)
• Tralynna Scott, CNB Chief Economist (stakeholder)
• Janees Taylor, Treasurer (stakeholder)
• Kim Teehee, Executive Director of Government Relations (stakeholder)
• Corey Bunch, Chief of Staff (stakeholder) • John C. Young, Attorney (stakeholder)