Committee approves Paul Weiss contract and $250,000 transfer for McGirt-era litigation

The Joint Committee on State-Tribal Relations voted to retain national appellate counsel and to transfer $250,000 to the District Attorneys Council to cover outstanding and near-term litigation costs linked to multiple suits about state jurisdiction in tribal territories.

District Attorney Matt Ballard told the committee the committee previously approved $150,000 and that the DA offices are “approximately $100,000 underwater” in past fees; he asked the panel to approve $250,000 so the defendants could “get current” and to set aside $150,000 for future litigation needs. Ballard also asked the committee to approve a legal services agreement with the Paul Weiss firm for national appellate representation.

Committee members pressed for details about the firm, billing rates and oversight. Senator Bourne raised procurement and rate questions, noting listed hourly rates including $1,470 for Cannon and $1,325 for William Marks and questioned whether a request-for-proposals process had been used. Ballard replied the rates shown were those provided by the firm and that the firm has not yet begun work for this litigation.

Ballard described a $1,000,000 cap in the Paul Weiss agreement intended to limit total exposure and to provide payment assurances to a national firm: “we would have a long way to go before we would ever, come close to hitting that cap,” he said. He also said the contract’s scope could cover multiple district attorneys’ cases if they shared a common, consolidated state interest.

After brief debate, the committee approved the Paul Weiss contract by roll call, 4 ayes to 1 nay (Senator Boren opposed). The committee then approved the $250,000 transfer from the state litigation fund to the District Attorneys Council by the same vote.

Votes at a glance:
- Paul Weiss legal services contract for appellate representation: Passed 4–1 (Boren — Nay; Coleman — Aye; Gallaher — Aye; Rader — Aye; Howard — Aye).
- $250,000 transfer to District Attorneys Council: Passed 4–1 (same roll call tally).

The chair asked staff to monitor expenditures from the extraordinary litigation fund and to report back on why these disputes have been most prominent within the Muscogee (Creek) Nation reservation boundaries. The committee adjourned without scheduling an immediate follow-up vote.