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Tahlequah is the capital of the Cherokee Nation, and many cases here turn on a threshold question: which court has authority — tribal, state, or federal. Wayne Bailey and Clinton N. Patterson handle tribal law for clients of our Tahlequah office at 205 W. Shawnee St.
Wayne Bailey and Clinton N. Patterson | 205 W. Shawnee St. | By Appointment
Each tribal nation has its own constitution, laws, courts, and judges, and a lawyer generally must be admitted to that nation’s court to appear there. Between them, our attorneys are admitted in the Cherokee Nation, Muscogee (Creek) Nation, Chickasaw Nation, and Choctaw Nation courts, as well as Oklahoma’s state courts and all three federal district courts in Oklahoma.
Wayne Bailey is a member of the Cherokee Nation and is admitted in the Cherokee Nation tribal court. Clinton N. Patterson is a member of the Osage Nation and handles criminal defense and tribal law for clients of our Tahlequah office.
In McGirt v. Oklahoma (2020), the U.S. Supreme Court held that the Muscogee (Creek) Nation’s reservation remains an Indian reservation for purposes of federal criminal law. In 2021, in Hogner v. State, the Oklahoma Court of Criminal Appeals reached the same conclusion about the Cherokee Nation’s reservation for purposes of criminal jurisdiction. In 2022, in Oklahoma v. Castro-Huerta, the Supreme Court held that the State and the federal government both have jurisdiction to prosecute crimes committed by non-Indians against Indians in Indian country.
Whether a case belongs in tribal, state, or federal court can depend on who is involved, where it happened, and what kind of case it is. We sort that out before anything is filed.
Wayne Bailey, managing attorney and a member of the Cherokee Nation, is admitted in the Cherokee Nation tribal court, all three federal district courts in Oklahoma, and the Tenth Circuit. Clinton N. Patterson, a member of the Osage Nation, handles criminal defense and tribal law for clients of our Tahlequah office and was admitted to the Oklahoma bar in 2003. Both meet clients at 205 W. Shawnee St. by appointment.
Jared DeSilvey is admitted in the Cherokee Nation, Muscogee (Creek) Nation, and Chickasaw Nation tribal courts and handles family law in Tahlequah. Deni Ketterman is admitted in the Cherokee Nation and Choctaw Nation tribal courts and prepares estate plans in Tahlequah. Green Country Law Group has four offices: Tahlequah, Muskogee, Broken Arrow, and Norman.
More detail: tribal law and criminal defense.
Jurisdiction Questions
Determining whether a case belongs in tribal, state, or federal court, and raising jurisdiction when it matters.
Civil Disputes
Lawsuits and disputes heard in tribal courts.
Real Estate and Tribal Land
Disputes and questions involving tribal or restricted land.
Family Law and Custody
Divorce, custody, and other family matters in tribal court.
Estate Planning and Tribal Land
Wills and trusts that account for tribal or restricted land and the rules that may apply to it.
Call (918) 456-6113 or use our contact form, and tell us briefly what the matter is and who the other parties are so we can check for conflicts. Bring any court papers, your tribal citizenship documents if the question involves your status, and any land documents. We explain how the fee will work before any work begins.
Please do not send confidential details before we agree in writing to represent you; contacting the firm does not create an attorney-client relationship.
Wayne Bailey and Clinton N. Patterson. Both meet clients at 205 W. Shawnee St. by appointment. Call (918) 456-6113.
Generally, no. A lawyer usually must be admitted to the specific tribal nation’s court. Our attorneys are admitted in the Cherokee Nation, Muscogee (Creek) Nation, Chickasaw Nation, and Choctaw Nation courts.
It depends. Since McGirt and later decisions, the answer can turn on whether the people involved are Indian and where the offense happened. For crimes by non-Indians against Indians in Indian country, the U.S. Supreme Court held in 2022 that the State and the federal government both have jurisdiction. Call us early so we can review the facts.
The court decisions discussed on this page were about criminal jurisdiction. Questions about title to tribal or restricted land turn on the documents and the rules that apply to that land, so bring what you have to the first meeting.
We explain how the fee will work before any work begins.
Phone: (918) 456-6113
Hours: Monday – Friday, 8:00 AM – 5:00 PM (By Appointment)
Our Tahlequah office is conveniently located at 205 W. Shawnee St., in the heart of downtown and just blocks from the Cherokee County District Court and other civic and judicial offices.
