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Court of Indian Offenses

Our Mission

Committed to Providing Quality Judicial Services to our Tribal Nations

History

The first Court of Indian Offenses in the area that was to become the State of Oklahoma was originally established prior to statehood in the Indian Territory in 1886. The original Court of Indian Offenses was created to provide law enforcement for the Kiowa, Comanche, and Apache (KCA) reservation. Several prominent tribal leaders served as judges of the court including Quanah Parker (Comanche), Lone Wolf (Kiowa) and several others. An Indian police force provided the law enforcement for the KCA, Cheyenne-Arapaho, and other reservations. Thus, the Court of Indian Offenses pre-dates Oklahoma state courts by several decades.

After the reservations in Oklahoma were opened by land runs to non-Indian homesteading, and federal Indian policy sought to weaken tribal governments and break up tribal land holdings, the courts over time lost their funding and consequently ceased to function. With the void in the enforcement of tribal law, the state began to assert its authority over the remaining tribal and allotted Indian lands even though no jurisdiction properly existed. In recent decades, the Indian tribes have regained the jurisdiction over these lands and have re-established tribal court systems.

The State of Oklahoma once contended that tribal governments had no authority to operate their own justice systems, arguing that the Indian nations had no land remaining under their jurisdictions. Much confusion arose because many thought that tribes only asserted jurisdiction over “reservation” lands. Many people in Oklahoma incorrectly assumed that reservations were terminated at statehood. Recent court decisions have made it clear that tribes assert jurisdiction over all lands that are “Indian country”, including reservations, dependent Indian communities, and Indian allotments. These Indian country lands from the basis of tribal jurisdiction today. Since few Indian tribes had operating judicial systems in place in the late 1970's. When tribal jurisdiction was re-affirmed, the Court of Indian Offenses for the Anadarko Area Tribes now the Southern Plains Region Tribes was created. Courts of Indian Offenses are established throughout the U.S. under the Code of Federal Regulations (CFR), providing the commonly used name — the “CFR” Court”. Until such time as a particular Indian tribe establishes their own tribal court, the Court of Indian Offenses will act as a tribe’s judicial system. The only difference between CFR Courts and Tribal Courts is the form of laws they enforce.

When the court was re-established in western Oklahoma in 1979, there were four CFR Courts covering eighteen Indian nations. A number of tribes have since established their own systems of justice. Accordingly, the CFR Courts for these tribes have been deactivated. In 1991, a separate CFR Court system was established for Eastern Oklahoma Region Tribes covering eastern Oklahoma, which is headquartered in Muskogee, Oklahoma.

Operation

The CFR Court is a trial court and parties present their cases before a Magistrate. Appeals may be taken from the trial court to the Court of Indian Appeals.

Criminal misdemeanor cases involving Indians in Indian country must be heard in tribal courts or the CFR Courts, since criminal cases involving Indians within Indian country are not within the state’s jurisdiction. Cross deputization of state and tribal police officers provides for needed law enforcement cooperation, especially in areas where Indian land parcels are mixed in with non-Indian lands under state jurisdiction.

The prosecutor acts on behalf of the tribes to enforce criminal laws and are licensed attorneys hired by contract. Criminal offenses, contained within the federal regulations (25 CFR Part 11), provides the offenses that are applicable in the court.

Criminal punishments may include labor, placement in prison, and/or the payment of court costs and fine. The various constitutions of the Indian tribes provide for civil and procedural rights of persons coming before the court, as do various federal laws including the Indian Civil Rights Act (ICRA). A public defender is available to defend persons in criminal matters who cannot afford a lawyer and for parents subject to proceedings affecting their right to child custody. Persons appearing in the court are entitled to a trial by jury, and other elements of due process under the tribal constitutions and the ICRA.


FREQUENTLY ASKED QUESTIONS

Criminal cases include misdemeanor cases involving Indians that occur within tribal jurisdiction. The areas under tribal jurisdiction include lands defined as "Indian country" under 18 U.S. Code, Section 1511. Indian country includes land within Indian reservation boundaries in the state, dependent Indian communities, and Indian allotments. Felonies involving Indians within Indian country that are federal crimes must be heard in Federal court. Criminal Cases involving non-Indians in Indian country are usually brought in state court.


NOTICE

The CFR Court staff is NOT PERMITTED under Ethical Codes and Court Rules to provide legal advice, interpret court rules, or prepare parties documents. Please do not ask the court staff to provide these services. Parties should retain an attorney to obtain legal advice. Please read Assistance of Court Staff.


FORM PACKETS


PAYMENT INFORMATION

Go Green, eliminate checks and money orders. Did you know you can pay your filing fees, fines, restitution, bail/bond online now?

PAY HERE!


OUTSTANDING WARRANTS

Warrant information that is contained in this website is for informational purposes only in an effort to serve the interests of the public. If you would like to know if a warrant has been issued for your arrest, please review the Outstanding Warrant Report. If your name appears on the Outstanding Warrant Report and you wish to cooperate, please contact Edwina Gutierrez, Court Clerk at 405/933-1929.

CLIENT SURVEY

The Southern Plains Region CFR Court is committed to improve our customer services. By completing this brief survey, you will provide us with pertinent information in order to provide service to your satisfaction and expectations. Please take the CFR Court Client Survey. We greatly appreciate your time and feedback. NOTE: Responses are confidential and can not be linked back to the client.

Contact Us

If you have any questions or are requesting a packet or information please call, (405) 933-1929. (Please see office hours below)

 

Office Hours:

Monday—Thursday,
9:00 a.m. - 12:00 p.m. and 1:00 p.m. to 4:00 p.m.
Friday - CLOSED
Closed all federal holidays.

 

Email

edwina.gutierrez@bia.gov

Phone

(405) 247-8527
(405) 247-8508
 

Fax

(405) 247-7240

 

Mailing Address

Court of Indian Offenses for the Southern Plains Region
P.O. Box 607
Anadarko, Oklahoma 73005

Physical Address

Highway 281 N. & Parker McKenzie Drive
Anadarko, Oklahoma 73005
(located inside the Anadarko Agency)

 

Otoe-Missouria Police/Tribal Court Building
22915 Otoe Cemetery Road
Red Rock, Oklahoma 74651


COURT HEARING SCHEDULE

Anadarko, Oklahoma
2:00 p.m. Tuesday - Juvenile/Criminal Docket
2:00 p.m. Thursday - Civil Docket

Anadarko, Oklahoma - Child Support Docket
2nd Friday of the Month at 1:30pm

Red Rock, Oklahoma
2:00 p.m. First Monday of the Month- Juvenile/Criminal Docket
2:00 p.m. Third Monday of the Month - Civil Docket
*If these days fall on a holiday, it will be the following Monday


CFR COURT PERSONNEL

Edwina Gutierrez
Court Clerk

Kelley Harris
Public Defender

Ryland Rivas, II
Prosecutor

Honorable Marsha Harlan
Chief Magistrate / Appeals Officer

Honorable Phil Lujan
Magistrate

Honorable O. Ronald McGee
Magistrate / Appeals Officer

Honorable Albert Ghezzi
Appeals Officer / Magistrate

Honorable Irven Box
Appeals Officer

Honorable Tom Walker
Appeals Officer

NOTICE:
If you are unable to reach the court clerk, additional CFR Court contact information is below:

Sherry Lovin, Tribal Government Officer

Phone: (405) 247-1534
Mobile: (580) 560-4463
Email: sherry.lovin@bia.gov

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