What is the Muscogee Creek Nation?
The Muscogee (Creek) Nation, also known in the Creek language as Krikahatv, is the Eastern most tribe of the Five Civilized Tribes. The Creek people, once primarily settled in Georgia and Alabama, now come together in Oklahoma where most all of its citizens reside. In 1836 the United States government forcibly removed the Creeks from their homelands to Oklahoma along the Trail of Tears, where they were joined by the other tribes. There they reestablished many of their traditional ways of life to maintain their ways of life . Today, the MCN is a community with its own tribal culture, government, legal system, housing, and social and health services provided to assist its members.
Today, the MCN’s elected government provides for transportation, employment, healthcare, educational, senior services, and tourism opportunities to support its citizens. The tribal government is further responsible for providing oversight to the tribal court, tribal trust administration, criminal and civil agencies, and other administrative roles.
Muscogee Creek Nation Legal Aid Services
Muscogee Creek Nation Legal Services is dedicated to offering the highest quality and most comprehensive legal services available to our citizens. The clinics that are held include Economic Development, Client Advocacy, Advantage, Due Process, Indian Child Welfare Act, Family Law, Self Help, Wills and probate and administrative hearings.
Economic Development
The staff of the Muscogee (Creek) Nation Department of Commerce provides business owners with a variety of programs to assist in business development. The programs include providing funding through grants and loans, a business boilerplate and business plan assistance, mentor-protégé programs, purchasing support, access to publications, and training. All individuals must complete an application, provide certain documentation and meet eligibility criteria to apply for services or funding through the Economic Development Department.
Client Advocacy
The Client Advocacy Department can assist individuals in understanding their cases when they experience difficulty in communication with local, state and federal agencies.
Advantage
Legal Aid of Oklahoma, Inc. Advantage is a free website created to help low-income Oklahomans who are having problems with their landlord or home lender. Individuals can use the site to prepare correspondence such as a 30 day notice to quit eviction, and a demand letter to collect on old debts. There are also forms available for prenuptial agreements, landlord and tenant contracts, temporary custody and divorce. There is a Spanish version that is available on the website.
Due Process
Muscogee (Creek) Nation Legal Department provides services to residents of Creek County through the Williamson County Texas Pro Bono Program. The native American Resource Center assigns pro bono; screened attorneys from the Tarrant County Bar Association to area clients who are referred to the Texas Lawyers Care Program for assistance. Staff of the Economic Development Office in Texas serves as bilingual translators to assist the attorneys and clients with scheduling meetings, gathering information necessary to complete the cases, translations, and return home visits. The positions for the attorneys are donated by the attorneys who volunteer their time to serve individuals of limited means.
Indian Child Welfare Act
ICWA is a federal law that provides guidelines that govern every aspect of a dependency case including investigations, reports, and hearings in a child custody case where the child is eligible for membership in a federally recognized tribe, and has a right to intervention in the case.
Family Law
The Family Law Clinic aims to help low- income families and individuals who represent themselves in Family Law matters in the District Court of Creek County Oklahoma.
Self Help
MSW law students enrolled in the University of Oklahoma Native American Law Clinic are trained to provide legal assistance to tribal members primarily in Creek County Oklahoma. Supervised by licensed attorneys, students work with low-income individuals in all facets of civil cases.
Wills and Probate
This clinic helps enrolled Muscogee (Creek) Nation members in establishing wills, and probate. There is no fee for the services, or for any filing fees with the probate court for assets below $3000. The Muscogee (Creek) Nation will waive the filing fee for estates under $3000. In order to participate in this program, individuals must be Muscogee (Creek) Nation members. The State of Oklahoma’s fee is $207 for adults, and $147 for juveniles.
Administrative Hearings
DOA will attend administrative hearings and appeals on behalf of the respondent who requests representation and whose household income is at or below the federal poverty level.
Conditions for Eligibility and Access
Eligibility for the legal services offered by MCN Legal Services extends only to those who meet requirements outlined in Chapter 17 of the MCN Code of Laws. As a condition of eligibility, applicants must be able to prove they meet the tribal membership requirement in order to receive legal services. Eligible MCN members include: adult members of the MCN and individuals under the age of 18 who are eligible, but do not presently have a CDIB card. A constant theme of the MCN Legal Services program is to educate individuals and families about their eligibility for other types of assistance or services, and how to apply for them.
Legal services, depending on circumstances, extend to groups of individuals as well. For example, a group of applicants who are similarly situated, even though they are not related, may also be eligible for MCN assistance. Individuals may contact the Legal Services office to inquire about eligibility. Sometimes, the MCN may refer eligible applicants to another location for assistance. For instance, some applicants may be eligible for assistance from the MCN Housing Authority, rather than MCN Legal Services.
The most common way for eligible MCN members to access MCN Legal Services when looking for assistance with personal legal matters is to make an appointment with the intake coordinator for that office, whether the services required are civil or criminal in nature. Applicants are required to personally visit the legal services office to complete the in-take form for MCN Legal Services when seeking assistance with civil or criminal matters. MCN members can call the legal services office nearest to them to confirm contact information or the availability of the intake coordinator.
Relevant Legal Matters Adjudicated
Advocacy for tribal sovereignty issues is a significant and ongoing legal area addressed by Muscogee Creek Nation Legal Services. The limitations of the tribe’s reserved sovereignty continues to be an issue particularly with winds of state preemption, and the changes that impact the "Indian country" definition in 18 U.S.C. § 1151 have brought significant challenges to the tribe’s sovereignty.
They handle a fair amount of land disputes, both in defending tribal land from those who attempt to challenge the tribe’s right to manage their own territory. It represents tribal entities such as the Creek Nation Housing Authority in both disputes with private developers as well as inter-tribal challenges. They also work on matters related to the acquisition and leasing of property , including lands now purchased by designated tribal entities.
The legal services’ Indian Child Welfare department is deeply engaged in testing the limited clarifications accounted for in the 2016 Federal ICWA Guidelines and updates to state statutes.
Disputes and challenges over due process in criminal cases in tribal court, and the tribe’s lack of resources to protect individual rights, are ongoing issues. The Tribal Judicial Code provides for the payment of court-appointed counsel, but there are challenges with recruiting adequate service providers and funding those services.
Advantages of Tribal Legal Assistance
For members of the Muscogee Creek Nation, access to Muscogee Creek Nation Legal Services (MCNLS) has proven to be a tremendous resource. The legal services offered through MCNLS are responsive, efficient, and accessible. MCNLS is a general service legal provider for the Muscogee Creek Nation, and it is the sole source of legal representation for the Nation in every matter of law in tribal court. Thus, there is an understanding that each member of the Nation who seeks assistance is entitled to especially curated legal counsel based on the needs of individuals. This need is met with cultural as well as legal competence; MCNLS ensures that the laws of the tribal court are applied properly and that access to justice is extended to all while doing so. The general knowledge of the court officers and MCNLS staff enable a familiar and efficient practice for each legal case heard in court by MCNLS attorneys. MCNLS recognizes the extension of access to justice as a core responsibility, and that is a privilege it does not take for granted. In addition to its provision of quality representation for individual litigation matters, MCNLS is able to carry out its important duty by engaging citizens’ interests on a broader scale. MCNLS ensures that the Muscogee Creek Nation is appropriately represented in issues that are not unique to individual issues of law, such as policies and laws that will impact the Nation. MCNLS often works with numerous Nation departments to ensure that the Nation and its citizens are represented effectively before legislative bodies. Attention to the concerns of each department ensures that the Nation is given proper representation and respected consideration. Members of the Nation are thereby empowered by being able to participate more fully in assessing and setting Nation policies. Effective legal counsel is undoubtedly an essential attribute of MCNLS. It is the reason that most citizens become aware of, and when necessary utilize, the legal counsel of MCNLS. That is the ‘normal’ service offered: client satisfaction. However, once MCNLS becomes involved in a legal matter, a client will know that he or she is receiving incredible value because MCNLS takes on several non-standard roles. MCNLS asserts itself as an advocate for each client and their needs. Sometimes this means that MCNLS must pre-emptively attempt to open lines of communication and work with individuals and entities outside of the courtroom litigation process. Sometimes that means that MCNLS might be required to connect multiple parties with similar interests. We have even taken on the role of Educator. MCNLS is not confined to the litigation process; it is much more than just a law office. MCNLS acts as, among other things, a legal consortium, a legal advisor, a mediator, an advocate, and certainly a legal "go-to" for the Nation.
Reaching the Muscogee Creek Nation Legal Services
Many legal matters involving Muscogee Creek Nation members may be addressed through the Muscogee Creek Nation (MCN) Legal Services. These services include family law matters, criminal law representation, general civil legal matters, and representation for matters before the MCN Supreme Court with regard to disciplinary hearings or appeals. According to MCN Attorney General Misty Hollis, the office that houses the legal services is "dedicated to representing the people of the Creek Nation , free of charge." Prospective clients must first apply for services, and each applicant is subject to a criminal background check. After the check, a staff member will directly contact the applicant with information about the determination of eligibility and next steps. For more information, or to see if you qualify for legal representation through MCN Legal Services, visit the MCN Government website or call at 918-756-4454.