[HISTORY: Adopted by the Tribal Council of the Nottawaseppi Huron Band of the Potawatomi 9-21-2017 by Res. No. 09-21-17-09. Amendments noted where applicable.]
Right to jury trial. Any person accused of a crime punishable by imprisonment shall be granted a jury trial, upon his or her request made at the time of arraignment or by a written request filed with the Clerk of the Tribal Court at least fifteen (15) days before the date set for trial. A jury shall consist of at least six persons selected at random from a list of eligible jurors prepared each year by the Tribal Court that reflects a fair cross section of the community and does not systematically exclude any distinctive group in the community.
Juries generally. Eligible jurors are tribal members and other persons who arc permanent residents of the Pine Creek Indian Reservation who rent, own, or otherwise reside in a dwelling place on the reservation and persons who are permanent residents of households residing in Tribally owned rental housing units located on lands owned by the Tribe within Calhoun County, Michigan, who has reached the age of 18 years of age, is of sound mind and discretion, has never been convicted of a felony, is not a member of the Tribal Council, or a Tribal Court Judge, officer or employee of the Tribal Court or an employee of the Tribal Police Department, including any detention center personnel.
Juries for special domestic violence criminal jurisdiction. For purposes of special domestic violence criminal jurisdiction a potential juror for a special domestic violence criminal jurisdiction case must be drawn from permanent residents of the Pine Creek Indian Reservation who rent, own, or otherwise reside in a dwelling place on the reservation, other persons who are permanent residents of households residing in Tribally owned rental housing units located on lands owned by the Tribe in Calhoun County, Michigan, and employees of the Tribal government whose primary work station is located on lands which are held in trust for the Band by the United States or located within 100 miles of the NHBP Pine Creek Indian Reservation located in Fulton, Michigan.
A current roster of at least 25 persons who are eligible for jury duty for juries generally and juries for special domestic violence criminal jurisdiction shall be prepared and maintained by the Tribal Court Clerk.
Under the supervision of the Tribal Court Clerk, witnessed by at least two other adult persons, a panel of jurors shall be drawn-by lot from the jury roster. At trial, the jury shall consist of six qualified jurors selected in a random fashion from a panel of 12 eligible persons taken from the jury roster, none of whom has an interest in the case or is related as spouse, parent, brother or sister to any of the parties or their attorneys. If the jury panel is exhausted before a sufficient number of jurors are selected for the trial jury, additional jurors shall be drawn by lot from the jury roster from the panel until a trial jury is selected.
Upon a showing of sufficient hardship, satisfactory to the Tribal Court Clerk, the following persons, upon their request, may be excluded from the jury roster and jury panels:
Persons who reside outside of Pine Creek and more than 150 miles from the Tribe's administrative offices.
Persons of such advanced age, infirmity or illness.
Persons burdened by such other circumstances or subject to such other demands that jury service would cause extraordinary hardship for them. Such hardship shall be substantially greater than would be experienced ordinarily by other persons serving as jurors.
Each member of a designated jury panel shall be served with a summons signed by the Tribal Court Judge, indicating the place and time that he or she is first to appear for jury service. The notice shall be served by the Clerk of the Tribal Court, a member of the Tribal Police Department, or any other person who may be designated in writing by the Tribal Court. The notice shall be served not less than 72 hours prior to the designated time for initial appearance. After such initial appearance, the times and places for attendance by those persons included on the designated jury panel shall be prescribed by the Tribal Court.
A person summoned to serve as a juror who has not been excused pursuant to any provisions of this chapter or by order of Tribal Court, who fails to appear where and when summoned or who, having so appeared, absents himself or herself therefrom without the permission of the Tribal Court, or who renders himself or herself unfit to commence or continue the duties of a juror may be held in contempt of Tribal Court. In addition to the penalties for contempt of Tribal Court prescribed by this chapter, he or she may be charged by the Tribal Court with any costs incurred by the Tribal Court or by any other persons which resulted from such failure to be present or from such misconduct.
Each party may question members of the panel of prospective jurors for the purpose of selecting a trial jury. In criminal cases, in addition to disqualifying jurors for cause as determined by the Tribal Court Judge, the prosecution and the defendant, each side shall be entitled to three peremptory challenges without assigning any cause. Where there is more than one defendant, they must join in a challenge before it can be made, unless the Tribal Court, for due cause shown, shall permit otherwise or shall permit each defendant to exercise two peremptory challenges.
Each member of the jury panel called to service and each juror who serves upon a jury shall be entitled to compensation at a rate determined by the Tribal Court, All payment of compensation shall be supported by vouchers signed by the presiding Tribal Court Judge. Such vouchers shall be paid in order of presentation from available funds on deposit for the purpose.
The Tribal Court Judge shall instruct the jury with regard to the applicable law, and the jury shall decide all questions of fact on the basis of that law. At the close of evidence or at such earlier time during the trial as the Tribal Court Judge directs, any party may file with the Tribal Court Judge written instructions on the law which the party requests the Tribal Court Judge to deliver orally to the jury. At the same time, copies of such requests shall be furnished to the opposing party. The Tribal Court Judge shall inform each party of his proposed action upon each request prior to the arguments to the jury, but the Tribal Court Judge shall deliver his instructions to the jury after arguments are completed. No party may assign as error any portion of the Tribal Court Judge's charge or any omission unless he makes his objection and reasons for it before the jury retires to consider its verdict. Opportunity shall be given to make the objection out of the hearing of the jury.
After deliberation in private, the jury in criminal cases shall return to the Tribal Court Judge in open court a verdict of "guilty" or "not guilty" with respect to each defendant. A verdict of conviction in criminal cases shall require a unanimous vote of the jury.