Biden to nominate former Cherokee Nation attorney general, Tulsa attorney for judgeships

President Joe Biden intends to nominate two Oklahomans as federal district judges, including the former attorney general of the Cherokee Nation and a former Justice Department attorney, the White House announced Wednesday.

Sara E. Hill and John D. Russell will be nominated to serve in the Northern District of Oklahoma, based in Tulsa, the White House said. The Northern District and the Eastern District, based in Muskogee, have experienced dramatically higher caseloads since 2020, when the U.S. Supreme Court’s decision in McGirt v. Oklahoma gave the federal government jurisdiction over criminal cases involving Native Americans in most of eastern Oklahoma.

As attorney general for the Cherokee Nation, Hill led the tribe’s effort to build up its criminal justice system in the wake of the McGirt ruling, and she advocated for the tribe against the state of Oklahoma as it sought to narrow the scope of McGirt.

Hill, 46, served as attorney general for the tribe from 2019 until earlier this year, when she left for private practice. She also served as Secretary of Natural Resources for the tribe and as deputy attorney general and assistant attorney general. Hill, who received her bachelor’s degree from Northeastern State University in 2000 and her law degree from the University of Tulsa in 2003, also worked in the U.S. attorney’s office in the Northern District of Oklahoma.

Former Cherokee Nation Attorney General Sara Hill

Cherokee Nation Principal Chief Chuck Hoskin, Jr. called Hill “a brilliant attorney and dedicated public servant who possesses the knowledge, demeanor and compassion to serve the country well on the bench. As a female and a citizen of the Cherokee Nation, she not only adds diversity to the ranks of federal judges, she also brings knowledge of Indian Country issues that we need more of among federal judges.”

According to the National Congress of American Indians, Hill, if confirmed, would be the first Native American woman to serve on the federal bench in Oklahoma and only the seventh Native American judge actively serving on the federal bench nationwide.

John Echohawk, executive director of the Native American Rights Fund, said, “Sara Hill has a strong history of public service and possesses excellent qualifications to be a federal judge. We applaud the Biden Administration’s selection of this historic nominee and urge her confirmation. She will be a strong addition to the federal judiciary in Oklahoma.”

Russell, 60, received his bachelor’s degree from Oklahoma State University in 1985 and his law degree from the University of Oklahoma in 1988.

Tulsa Attorney John D. Russell

He was in private practice in Washington, D.C. until joining the tax division of the Justice Department in Washington in 1991. From 1995 to 2002, he served as an assistant U.S. attorney in the Northern District of Oklahoma. He has been in private practice since 2002 and is currently a shareholder at the GableGotwals law firm, which has offices in Tulsa, Oklahoma City and Houston.

According to the firm, Russell has substantial experience in commercial and criminal litigation involving healthcare, securities, fraud, false claims, class actions, insurance, and antitrust matters. His practice has included representing companies sued by the government and representing companies and individuals under investigation by grand juries or governmental agencies.

Once the White House sends the nominations to the U.S. Senate, the Senate Judiciary Committee will hold hearings and votes. The full Senate must confirm the nominations.

Lankford, Mullin praise selections

Oklahoma’s senators praised the selections of Hill and Russell.

“I have personally met with both of them and heard their commitment to the Constitution and strict rule of law,” said U.S. Sen. James Lankford, a Republican. “I look forward to the Senate Judiciary Committee advancing the nominations and the full Senate confirming them soon so they are able to fill two vacancies in the very overburdened Northern District Court.” 

U.S. Sen. Markwayne Mullin, a Republican, said, “As a fellow member of the Cherokee Nation of Oklahoma, I am grateful for Sara Hill’s service to the Tribe, which totals approximately 19 years in the aggregate.

“Ms. Hill is very familiar with the Northern District of Oklahoma, having previously served as a Special Assistant U.S. Attorney. John D. Russell has a strong history in public service as well. Like Ms. Hill, he is familiar with the Northern District, having previously served as an Assistant U.S. Attorney, as well as a trial attorney at the Department of Justice’s Tax Division. I anticipate a smooth and swift consideration of both candidates by the Senate Judiciary Committee, and their ultimate confirmation by the full Senate.”

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