What is Creek Nation Legal Services?
Nestled within the sovereign borders of the Cherokee Nation lies the heart of Creek Nation Legal Services. Originally organized as a small office in the mid-1980s, these legal services were a response to and a product of the Indian Self-Determination and Education Assistance Act of 1975. The 1975 Act authorized contracts between the U.S. Government and Indian Tribes for the purpose of providing certain specified services to their citizens. The local Creek Nation Office was then expanded into Creek Nation Legal Services by an act of the Tribal Council in December of 1992.
Creek Nation Legal Services (CNLS) has been providing free civil legal assistance to members of the Creek Nation or any Indian who resides in Creek County (and the surrounding area) for over 20 years . To evaluate the effectiveness and efficiency of these legal services, the CNLS has offices in five locations: Eufaula, Coweta, Okemah, Holdenville and Wewoka.
In keeping with the mission of Creek Nation, the legal services have the general objective of providing for the best interests of the Creek Nation and its citizens. The primary goal of the CNLS is the provision of timely, expert legal advice to Creek Citizens in the area of civil matters. Legal services are restricted to all civil law areas within the service area. The types of cases accepted by the CNLS include land disputes, landlord/tenant matters, divorce, guardianships, and adoptions. All of CNLS services are provided free to all eligible Creek citizens.
Types of Legal Help Available
Our Tribal members can receive legal assistance, referrals and consultation in a variety of legal matters: legal advice and representation related to divorce, custody of children, spousal support and child support; child welfare cases, both in Tribal and state courts; division of property in divorce proceedings; adoption; Guardianships; Conservatorships; Medicaid and estate planning; Land into Trust Applications; Tribal Court civil and criminal proceedings; representing tribal interests in state court; representing the Tribe in respect to water quality issues; assisting with contracts with third parties; intergovernmental relations of both day to day and long term nature with federal, state and local agencies; and the ‘Strengthening the Sovereignty of the Cherokee Nation’ Initiative (which is an effort to help clarify the role of the Nation’s Executive and Legislative Branches with regard to each other as well as citizens, agencies, departments, offices and incorporated entities).
We intend to do further outreach with the Grassroots community in Oklahoma and expand our legal assistance to rural communities of Southern Oklahoma.
Qualifications for Legal Services
One of the most frequent questions we get relating to Millennia’s Creek Nation legal services is who is eligible? In order to receive services, you must be a Tribal Citizen, Member, or Enrolled Creek. It is important to note that suitors of Tribal Members and Citizens, as well as children are valid members of the Creek Nation and are eligible for services. Also, Creek Nation employees, as well as spouses of employees, as valid members of the Nation are eligible for services from the legal department, as noted on our website.
If you are an eligible member, you will need to present valid documentation to the receptionist when you request services. The receptionist will then meet your request as long as your documentation is approved. Possible forms of identification as proof of eligibility under the criteria above include tribal citizen card (pink- issued before May 26,2015), tribal enrollment card (white- issued after May 26, 2015), tribal certificate of degree of Indian blood (CDIB) or tribal birth certificate.
How to Get Legal Services
Thank you for your interest in the services offered through Creek Nation. In 2018, the Tahlequah office held 27 legal aid clinics at multiple locations throughout the jurisdiction. Staff answered 322 phone calls, 132 people received face-to-face assistance and 91 new cases were opened. Case categories ranged from domestic, public benefits, tribal housing, tax and estate planning, health care and Indian Child Welfare Act matters. Although the majority of clients received assistance in Oklahoma, the office also served non-Oklahoma residents and or other tribes to which they belong. The Tahlequah office remains as its busiest, in terms of income eligible applicants. Given the increase in cases opened at the Tulsa office, we expect to reach out to suppliers of legal aid for assistance. As places decline to provide assistance or legal aid becomes limited, the gaps widen. The outcome is advocacy that is often difficult, sometimes taking much longer to satisfy the need. Lawyers are not "unionized" and do not share resources. However, many lawyers (whether native or non-native) are in fact generous with their time and energy. There are also alumni associations for various law schools that sometimes contribute. The support is invaluable and greatly appreciated. The application process requires an application form and/or the bars application for assistance. The application includes information about individual circumstances related to income, where they reside, some basic information about the facts of the case for which they seek help, and why they think Creek Nation should assist them. Some factors that impact the level of assistance and the availability of services relate to where the applicant is located and the tribe for which they are seeking assistance. Individuals residing in states that host losses stemming from the 1999 John v. Baker decision are more challenged. The tribes that participate in the claim pool and established the John Commission are listed on their website. The application form can be found there at the John Commission page. If an individual files an application that asserts non-cognizable claims, we will provide guidance on what efforts they may employ themselves. We also have information resources available for individuals who seek affordable legal assistance as well as resources on how to represent themselves in civil matters.
Partnerships and Affiliations
Collaborations with local, state and federal agencies are key to maximizing the effectiveness of Creek Nation legal services. Programs such as lawyer referral services, legal aid societies, and pro bono contributes support for other individuals and families that may not qualify for aid but could not otherwise afford quality legal representation.
Collaboration with the tribes’ law school, the University of Tulsa’s aboriginal people’s law school, is a major contributor to both parties’ success. Legal aid society interns, clinic students , and faculty members from TU law school are frequently placed in Creek Nation legal services offices throughout the year to provide legal aid to tribal members and to gain invaluable experience. In recent years, over 300 individuals have been provided assistance in estate planning, child custody, family relations, criminal defense, and intellectual property.
Other professional organizations and agencies also provide intergovernmental support for Creek Nation legal services, including the Oklahoma Legal Aid Society, Oklahoma State Administrative Office of the Courts (Oklahoma Supreme Court), University of Oklahoma College of Law, Native American Rights Fund and the Oklahoma Indian Legal Services.
Case Studies and Testimonials
Positive outcomes in real-world situations are the best way to measure success in any legal services organization. A small sampling of previous successes is below:
"With your help our mom now has a safe and secure place to live. We had no idea what to do at all or if there was even a legal remedy available to protect her rights (as an elder) and get her a safe place to live. Habitat house now secured and we learned a LOT!"
"I came to Creek Nation Legal because of issues I encountered with my previous landlord. I felt as though I had no other options, and I requested a consultation with CNLS. They quickly agreed and met me the within the same week. The staff and lawyer were very kind and I was able to receive a timely resolution to my case. My attorney took time out of her weekend to call me and work on my case, which I greatly appreciated. She advocated for me when I didn’t have confidence in my case and asked questions that I hadn’t thought to ask myself. She walked me through the court process. I was very pleased with the outcome and would definitely recommend CNLS to anyone with a housing issue."
"When I first contacted Creek Nation Legal, I was in a desperate situation. My landlady was in the process of evicting me because my son was accused of breaking a few windows. I was terrified of being homeless. Not only had I invested hundreds of dollars into repairs that I was never reimbursed for, but I also had my children to think about. You see, my son is 12 and my daughter is 9. I needed a lawyer who would fight for me, not just give up easily. An attorney who fought for me was exactly what I got. That combined with their eagerness to resolve this problem as quickly and painlessly as possible, I was relieved to know that they were here to help me. I can’t say enough about how much Creek Nation Legal Services helped me. My lawyer was absolutely amazing! She worked hard to make sure I did not have to lose my home."
"Creek Nation Legal played an important role in preventing me from losing my home. They helped me with my landlord/tenant issues as a victim of domestic violence. I did not have the money to pay a retainer for an attorney. They worked with me and provided me with exactly what I needed to win my case. They were great at communicating with me, keeping me informed and bouncing ideas off of me before submitting them to the Judge. They worked hard to protect my rights (as an elder)."
Plans and Prospects
Innovative ideas and thoughtful solutions are the hallmarks of successful legal service organizations, and Creek Nation Legal Services is no exception. The team at Creek Nation Legal Services has developed creative strategies to meet the evolving needs of their clients and communities. While their current service offerings and initiatives are impressive, they look to the future with excitement and optimism.
In the coming months, the team at Creek Nation Legal Services plans to enhance their already impressive program offerings and reach more clients than ever before. One of their primary goals is to increase their capacity to provide direct legal services and ensure that those services are as effective and efficient as possible. The Small Conferences held around the Creek Nation have been a great success and the team plans to continue those conferences in order to expand services available to both the citizens of the Creek Nation and all individuals seeking assistance with Indian law matters. In addition , Creek Nation Legal Services hopes to expand the availability of Guardianship training programs around the region, ensuring that these important programs are easily accessible to those who need them.
Humility and an understanding of the needs of their community is the foundation of Creek Nation Legal Services, and their plans for the future reflect those values. Through authentic engagement with the clients they serve and an unparalleled commitment to quality, Creek Nation Legal Services provides a vital service and continues to recover lost trust in their communities.