Attorney General Chad Harshaw updated the Cherokee Nation Council on Feb. 26 about three principal legal matters and announced a staffing change in his office.
Harshaw said the Nation filed a joint status report in the Ballard/Iskey matter on Feb. 17 and is monitoring a motion to stay that defendants filed in a related Muscogee Creek Nation case pending in the 10th Circuit. He said a briefing schedule set by the court runs through April and that the Nation will continue to oppose the stay as appropriate.
On a separate hunting-and-fishing case, Harshaw said his office submitted reply briefing and is working with the state of Oklahoma to prepare stipulated facts requested by the court. "We're doing our level best to comply with the court's order to submit stipulated facts along with the state," he said.
Harshaw also referenced a case filed by the Oklahoma wildlife department and noted briefing completed last week; he said the Nation is watching how higher courts will proceed and that some matters may be stayed while federal litigation continues.
He announced that Peyton Qualls, who has worked in the Cherokee Nation attorney general's office for several years and done much of the drafting for the body, has been recognized as the new deputy attorney general. "She's done a wonderful job for the Nation," Harshaw said.
Council members responded with thanks and praise for the attorney general's office. The Chair said the council does not often hear direct thanks and added, "what the average person doesn't realize is that our sovereignty is more at risk today than it has been in most of our lifetimes," underscoring the perceived stakes of ongoing litigation. Harshaw affirmed the office's continuing work to protect sovereignty.
No new litigation filings or deadlines beyond the court schedules referenced were specified during the update. Harshaw invited questions and stated the office will continue to brief the council as cases progress.