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Tahlequah, OK - According to a Cherokee County judge, the question of whether or not the Cherokee Nation of Oklahoma (CNO) owns the land around the historic CNO Courthouse in Tahlequah is important. This information will help in deciding two year old civil and criminal cases involving the new Principle Chief of the CNO, Chad Smith.

The cases stem from a protest that was held due to the take over and closure of the courthouse by the previous CNO administration. Chad Smith was arrested when he crossed a police barrier that had been set up by non-Cherokee police. Smith was tackled to the ground by several men during the arrest and was later charged with assaulting a police officer and inciting a riot.

See RealPlayer Video Of Chad Smith's Arrest!

Judge Bruce Sewell has ruled that the pending criminal case against Smith will be put on hold until the federal judge rules on the courthouse land matter. A case that was filed by Smith, against several county leaders following his arrest, will be heard by a federal judge.

Chief Smith said that the courthouse, as well as the land around the courthouse, is in Indian Country and those who arrested him did not have jurisdiction. "Anybody can see the charges are bogus," said Smith. "Our firm position is that the courthouse sets on Indian land. That is our contention until a federal judge tells us it isn't.'

The land was also believed to be Indian land by leaders of both the city of Tahlequah and Cherokee County until the Bureau of Indian Affairs (BIA) sent a letter stating otherwise. The BIA's letter was received by the prosecutor's office two years ago, after Smith's arrest. The BIA letter stated that the property that surrounds CNO courthouse was not Indian land.

District Attorney Diane Barker Harrold said, "It was a shock to us. Once we thought it was Indian country. Then we get a letter and it's not Indian country. It's confusing."

Smith said it is not confusing. Smith speculates that a top level BIA administrator only read the 1978 deed, that passed the title of the land from the county and city to the tribe, and believes that the person who wrote the letter never looked at the court decision that also the turned over the rights of the land to the CNO. Smith said, "The way we view it, it was off the cuff, without due diligence and done without research."

District Attorney Harrold, who is being sued by Smith, said that she must to go with the government's interpretations and added that she hopes that the federal judge will render his decision quickly. The D.A. said, "I don't care which way it goes, but we need a definite answer, something we can rely on."

Principal Chief, Chad Smith, and District Attorney, Harrold, both hope a settlement can be reached before any of the cases go any further. Settling this issue will be important for future cases and for history.