OKMULGEE, Okla. — Rhonda Grayson and Jeff Kennedy have been at the center of this fight as descendants of Creek Freedman who are seeking citizenship in the Muscogee Creek Nation.
They say the tribe’s treaty with the federal government offers them citizenship and a Muscogee Nation District Judge agreed.
That decision was appealed – and is on hold, as the case works it way through the tribe’s Supreme Court.
The virtual hearing on Feb 21 tackled an issue attorneys say could determine the outcome of the that case.
The issue at hand: a new law that allows the Muscogee National Council to appoint special justices to the Supreme Court. It comes after two justices recused themselves from the Creek Freedman case last summer.
“Why fix the statute now just weeks the scheduled oral argument in the citizenship case,” said attorney Jana Knott. “Undoubtedly, the special justice law is an attempt by the national council to control this court and force the nation’s desired result.”
Jana Knott, one of the attorneys for Grayson and Kennedy, is asking the Supreme Court to rule the “Special Justices Law” unconstitutional, saying it’s an attack on due process for everyone who has a case in front of the court.
“We believe the bottom line is this: The National Council exercised its constitutional authority by enacted NCA 24-077 the Special Justice Law and to confirm two special justices who were nominated by Chief Hill under that law,” said attorney Rod Wiemer.
Attorney Rod Wiemer is representing Principal Chief David Hill. He and attorneys for the National Council say the council didn’t do anything wrong and isn’t trying to sway this case just making sure each case before the court has 7 justices hearing it.
The hearing took about 90 minutes with Chief Justice Andrew Adams III leading questioning of attorneys on both sides.
Chief Justice Adams says the decision in this case will take more than the required 10 days. He says they’ll issue a decision as soon as they can.
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