New Special Assistant District Attorney William Kirkpatrick to serve as liaison between tribe and county
ADA, Okla. – Pontotoc County District Attorney (DA) Erik Johnson and the Chickasaw Nation are blazing trails for intergovernmental cooperation with a new Memorandum of Understanding (MOU) to help prioritize and ensure proper jurisdiction for prosecuting charges that come before them.
Chickasaw Nation Governor Bill Anoatubby said the mutually beneficial agreement is a proactive step to protect the safety and security of the community.
Johnson said communication between his office and the tribe’s prosecutors has always been good, but this MOU will help to facilitate better communication and coordination.
“We don’t have a McGirt issue that is going to be all-consuming,” Johnson said, referring to a July 9, 2020, U.S. Supreme Court decision that affirmed that multiple tribes in Oklahoma, including the Chickasaw Nation, have reservations and exercise criminal jurisdiction over them. “We’ve always been able to address any issue professionally and quickly.”
Johnson is also the DA for Hughes and Seminole counties, although these do not fall within Chickasaw Nation treaty territory.
In addition to the partnership with the Chickasaw Nation, Johnson’s office has a partnership at the federal level with the U.S. Attorney for the Eastern District of Oklahoma, who is currently Christopher J. Wilson.
Other than municipal matters, these three offices are responsible for prosecution of all felony and misdemeanor crimes that occur within their jurisdictions.
Chickasaw Nation Chief Counsel Debra Gee said the MOU allows for better communication among these prosecuting offices in which jurisdiction may sometimes overlap.
“It is important to communicate with each other and find out if a charge is something (Johnson’s) office is prosecuting or something the (U.S. Attorney) is prosecuting,” Gee said.
She said this MOU creates a designated point of contact between the Pontotoc County DA’s office and the Chickasaw Nation.
“We have a great working relationship,” Gee said. “This just establishes clear lines of communication between our offices.”
She said there are a number of crimes that may fall within both offices’ jurisdictions, and this MOU helps each office work together to find the way to best proceed in these cases and identify resources that can be provided from each office.
New special assistant district attorney
The MOU calls for hiring a prosecutor, and longtime Ada resident William Kirkpatrick has been in training for this new role since early November.
Originally from California, Kirkpatrick is a former All-State football player at Ada High School who initially attended East Central University on a football scholarship, where he double majored in legal studies and political science. He said the uniqueness of this position and its focus on helping children interested him.
“I feel I’m able to be molded into how this position is envisioned,” Kirkpatrick said.
He and his wife, Shelbie, were married in 2017 and have three children, Breck, 6; Codie, 2; and Werth, a newborn. Shelbie and their children are Chickasaw.
This prosecutor will serve as a liaison with the Chickasaw Nation, among other duties.
“This is the first position like this in the state, and it’s just a visible representation of the dialogue, the chemistry and the belief that both the Chickasaw Nation and my district have that we all live, work and raise families in the same communities and want them to be safe,” Johnson said.
The MOU lays out certain responsibilities for the new special assistant district attorney in three areas. These areas include deprived and delinquency cases filed in Pontotoc County that involve the Indian Child Welfare Act (ICWA); misdemeanor domestic violence cases and related misdemeanor drug cases; as well as involvement in any agreements, MOUs or cross deputation agreements.
Johnson said the new prosecutor’s position is officially an employee of the state of Oklahoma, and the MOU allows the position to be paid for by the Oklahoma District Attorneys Council with funds the Chickasaw Nation provides to the council. The MOU calls for a quarterly reporting of cases being prosecuted.
The position focuses primarily on cases involving children, which is an important issue to all involved.
“Helping children in our community isn’t a tribal-or-non-tribal issue,” Johnson said. “They’re just children.”
Many community organizations are taking pro-active steps regarding issues affecting children, Johnson said. These include the expansion of CARE Cottage Child Advocacy Center, as well as the Chickasaw Nation’s Healing to Wellness Court and Truancy Court, which the tribe also worked together on with Johnson’s office.
“Any time when you’re managing a situation in crisis mode, you don’t make the best decisions or the best plans. You’re just reacting” Johnson said. “This position is more forward looking.”
Working together for the benefit of all constituents
In addition to coordination of information and resources, the Chickasaw Nation and Pontotoc County DA’s office have hosted DA trainings together. The Chickasaw Nation currently has more than 80 cross deputation agreements with other criminal justice agencies.
“Conversations, MOUs and agreements like this between agencies just speak volumes to the community about how we’re in this together,” Gee said. “Our priorities are the same from a criminal justice perspective.”
Johnson said this new MOU shows that these offices are constantly looking for ways to be more efficient and coordinated with their respective resources for the safety and benefit of all Pontotoc County residents.
“Iron sharpens iron,” Johnson said. “You can always do a better job.”
