A federal judge is considering whether to temporarily stop the City of Henryetta from citing tribal members for traffic violations after a daylong hearing Tuesday in Muskogee.

U.S. Magistrate Judge Jason Robertson heard testimony from both Muscogee Nation officials and Henryetta city representatives regarding how traffic cases involving tribal citizens are handled. “I’ll issue an order as soon as I can,” Robertson said after closing arguments.

The Muscogee Nation filed a lawsuit in July seeking to block Henryetta police from issuing citations to tribal members, arguing the city lacks jurisdiction because it sits entirely within the Nation’s res- ervation.

Nation attorney Riyaz Kanji told the court that Henryetta could resolve the issue by signing a cross-deputization agreement – as 54 other agencies have – allowing both tribal and city officers to cite all drivers.

Henryetta Police Chief Steve Norman testified he wasn’t “totally against” such an agreement but said the city couldn’t accept it “in the current form” presented by the Nation. He did not explain the city’s objections.

During closing arguments, Judge Robertson asked city attorney Bryan Nowlin whether the city’s stance was influenced by traffic fine revenue. “Is that the bottom line?” Robertson asked. “Honestly, that is a concern,” Nowlin replied.

Norman also expressed frustration with past response times from Lighthorse Police, claiming one call involving a suspected impaired driver took an hour before a tribal officer arrived.

In contrast, Coweta Police Chief Mike Bell testified that his city’s cross-deputization agreement with the Nation has benefited both sides, increasing patrol coverage and helping reduce crime in Wagoner County by 35%. “The Nation has resources we don’t,” Bell said, citing its command post, drones, and SWAT team.

Muscogee Nation Deputy Attorney General Geri Wisner said since the 2020 McGirt v. Oklahoma ruling reaffirmed the reservation’s status, the Nation’s prosecution team has expanded from one to 13 prosecutors. She rejected claims that tribal courts are lenient, emphasizing that the Nation focuses on rehabilitation. “Those needs need to be met … to stop the recidivism,” Wisner said.

Henryetta is one of only three jurisdictions within the Muscogee reservation – along with Okmulgee and Mayes counties – without a cross-deputization agreement.

Before the hearing, the city agreed to stop citing Muscogee Nation members and other tribal citizens for traffic offenses. However, officials said they planned to resume ticketing non-Muscogee tribal members as early as Wednesday while awaiting the court’s ruling.

— Information from Tulsa World report.