-Muscogee (Creek) Nation Principal Chief David Hill issued Executive Order No. 20-01 Declaring a State of Emergency for the Muscogee (Creek) Nation. Muscogee (Creek) Nation District Judges Gregory Bigler and Shannon Prescott issue this joint order regarding the procedures to be followed in the District Court during this time of emergency. The District Court deals with the most vulnerable population: elderly; sick; disabled; and disadvantaged. In an effort to help curb the potential spread of the coronavirus (COVID-19) among this population and to encourage social distancing and to avoid risks to judges, court clerks, court employees and the public the following procedures and orders apply.
-Subject only to constitutional limitations, all deadlines and procedures whether prescribed by statute, rule or order for the District Court in any civil, juvenile or criminal case, shall be suspended for 30 days from the date of this order. All hearings are continued for 30 days except (where necessary) in:
- Civil emergency protection orders and emergency temporary restraining orders;
- Criminal initial appearances / arraignments, bond hearings and other hearings necessary for due process.
- Emergency custody, emergency protective orders, emergency guardianship matters and other emergency hearings.
-In any civil case, the statute of limitations shall be extended for 30 days from the date of this order.
-Subject only to constitutional limitations, assigned judges will reschedule all trial settings, hearings, and pretrial settings. Emergency matters, arraignments, bond hearings, and required proceedings of any kind shall be handled on a case by case basis by the assigned judge. Judges shall use remote participation to the extent possible by use of telephone conferencing, video conferencing, or other means. The use of email, fax and drop boxes for acceptance of written materials is encouraged. If any party or counsel objects in writing to a continuance of any matter, the judge will consider holding hearings in the same manner as emergency matters.
-The following persons are prohibited from entering any courtroom, court clerk’s office, judges’ offices or other facility used by the district court:
- Persons who have been diagnosed with or have direct contact with anyone diagnosed with COVID-19.
- Persons with symptoms such as fever, severe cough, or shortness of breath.
- Persons who have traveled to any area with a high rate of COVID-19 and those with whom they live or have had close contact.
- Persons who are quarantined or isolated by any doctor or who voluntarily quarantine
- If you are in one of these categories (a-d) and are scheduled for a court appearance or are seeking emergency relief, contact your attorney, and if you have no attorney, call the court clerk’s office.
-The court may limit the number of persons who may enter the courtroom, judges’ or clerk’s office, jury room or any other facility used by the district court.
-This order is subject to extension or modification as necessitated by this emergency. Parties with questions may call the Court Clerk’s office: 918-758-1400.
IT IS SO ORDERED. March 17, 2020
Judge Gregory Bigler and Judge Shannon Prescott
- REGISTRATION IS NOW OPEN FOR THE 18TH ANNUAL “DOING BUSINESS IN INDIAN COUNTRY” CLE CONFERENCE.
- Register online at https://mcndistrictcourt.eventbrite.com or access a snail-mail registration form here.
- When: April 30 – May 1, 2020
- Where: River Spirit and Margaritaville Conference Center
- Conference agenda and faculty will be posted here as soon as it becomes available. Check back often!
- Presentations from the 2019 conference are available on the District Court’s YouTube channel.
- The Muscogee (Creek) Nation Code of Laws and recent Supreme Court opinions are available at the M(C)N Supreme Court’s website.
- For information about Court closings or delays due to inclement weather or other special circumstances, please call the Muscogee (Creek) Nation switchboard at: 918.732.7600.
- For emergencies, please contact the Lighthorse Tribal Police Department at 918.732.7800.