[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.]
A.Â
This code shall be known as the "Jury Trials; Jury Selection Code."
A.Â
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.
B.Â
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.
C.Â
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.Â
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.
B.Â
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.
C.Â
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:
(1)Â
Persons who reside outside of Pine Creek and more than 150 miles
from the Tribe's administrative offices.
(2)Â
Persons of such advanced age, infirmity or illness.
(3)Â
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.
A.Â
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.
B.Â
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.
