The Port Gamble S’Klallam Community Court shall consist of a Chief Judge appointed by the Port Gamble S’Klallam Tribal Council and Pro-Tem Judges assigned by the Northwest Intertribal Court System (“NICS”). All judges shall be selected from the NICS’ roster and must meet the eligibility requirements of this code. The Chief Judge shall administer the general business of the Port Gamble S’Klallam Community Court.
(Port Gamble S’Klallam Law and Order Code. Amended by Res. 13-A-056, 3/26/2013, to require judges to be law-trained and licensed to practice law, clarify Orders are valid if the council fails to appoint a chief judge, and delegate authority to assign judges while the tribe is a member of NICS.)
The Chief Judge shall be appointed by Tribal Council to serve a term of one year. In any case that the term of the Chief Judge expires before Tribal Council reappoints the Chief Judge or appoints a new Chief Judge, he or she shall still act as the Chief Judge of the Community Court. Any judgments and orders issued by the Chief Judge during this time shall be valid opinions of the Community Court, until the Tribal Council appoints a new Chief Judge. The Chief Judge may be removed for cause or by reason of abolition of the office at any time but may be eligible for reappointment.
(Port Gamble S’Klallam Law and Order Code. Res. 84 A 03, 2/14/1984; amended by Res. 13-A-056, 3/26/2013, to require judges to be law-trained and licensed to practice law, clarify Orders are valid if the council fails to appoint a chief judge, and delegate authority to assign judges while the tribe is a member of NICS.)
A person must meet the following requirements in order to serve as a judge of the Port Gamble S’Klallam Community Court:
(1) 
Be twenty-five (25) years of age or over;
(2) 
Never have been found guilty of a felony;
(3) 
Not have been found guilty of a misdemeanor involving moral turpitude within the previous year;
(4) 
Be of high moral character;
(5) 
Be a graduate from an ABA accredited law school;
(6) 
Be licensed to practice law by a State Bar; and,
(7) 
Members of Indian Tribes are preferred.
(Port Gamble S’Klallam Law and Order Code. Amended by Res. 13-A-056, 3/26/2013, to require judges to be law-trained and licensed to practice law, clarify Orders are valid if the council fails to appoint a chief judge, and delegate authority to assign judges while the tribe is a member of NICS.)
The Port Gamble S’Klallam Tribal Council delegates authority to the Northwest Intertribal Court System to assign persons who meet the qualifications in this chapter to serve as trial Judges Pro-Tem.
(Port Gamble S’Klallam Law and Order Code. Amended by Res. 13-A-056, 3/26/2013, to require judges to be law-trained and licensed to practice law, clarify Orders are valid if the council fails to appoint a chief judge, and delegate authority to assign judges while the tribe is a member of NICS.)
No judge shall be qualified to act as such in any case wherein he or she has any direct interest or wherein any relative by marriage or blood, in the first or second degree is a party.
(Port Gamble S’Klallam Law and Order Code. Res. 84 A 03, 2/14/1984 amended this section adding "wherein any relative by marriage or blood, in the first or second degree is a party.")
A judge may be suspended, dismissed or removed for cause by a two-thirds (2/3) vote of the Port Gamble S’Klallam Tribal Council. Before any such action is taken a hearing shall be held by the Tribal Council at which time the accused Judge shall be given an adequate opportunity to answer any and all charges and to call and question witnesses. Copies of a written statement setting forth the facts and reasons for such proposed action shall be delivered to the judge at least ten (10) days before the hearing. Causes judged sufficient for removal shall include, by way of example and not limitation; excessive use of intoxicants; immoral behavior; conviction of any offense other than minor traffic violation; use of official position for personal gain; desertion of office; or failure to perform duties. The decision of the Tribal Council shall not be subject to appeal. Any act or omission which would result in ineligibility for appointment shall be cause for removal of a judge already appointed, and his or her removal shall be effective upon notice by the Port Gamble S’Klallam Tribal Council.
(Port Gamble S’Klallam Law and Order Code.)
The Port Gamble S’Klallam Tribal Council may appoint a judicial officer to preside over arraignments, sign search warrants, swear in police officers, swear in Tribal Council officers, act as a liaison between the court and tribal members and perform other duties as requested by the Tribal Council. The judicial officer shall serve for such term and for such compensation as shall be determined by the Tribal Council.
(Port Gamble S’Klallam Law and Order Code.)
The Port Gamble S’Klallam Tribal Council Delegates authority to NICS to appoint a pro-tem judge from NICS’ roster who meets the requirements of this code to be acting Chief Judge whenever the Chief Judge is on vacation, ill or otherwise unable to perform the duties of the office. The acting Chief Judge may exercise all the powers of the Chief Judge.
(Port Gamble S’Klallam Law and Order Code. Res. 84 A 03, 2/14/1984 amended this section, adding “judicial officer.” This section was formerly numbered 1.4.01.)
A defendant, or other party, to any non-criminal legal proceeding may accomplish one change of assignment of his case from one judge to another upon filing an affidavit of prejudice with the court, stating that the judge assigned to the case is prejudiced against his or her case. The affidavit shall be in writing and must be filed with the court before any trial action whatever has been taken by the initial judge. The second judge shall pass on the adequacy of any further affidavits of prejudice and enter the appropriate order, either hearing the case or reassigning it to another judge. An order denying any reassignment shall be deemed a final order and may be appealed from immediately. All further actions in the case will be stayed pending the outcome of the appeal.
(Port Gamble S’Klallam Law and Order Code. Res. 84 A 03, 2/14/1984. This section was formerly numbered 1.4.4. Res. 19-A-152, 12/16/2019, amended this section to put “non-criminal” in front of “legal proceeding”.)
All the provisions of this code relating to the Northwest Intertribal Court System shall be in effect only as long at the Port Gamble S’Klallam Tribe is a member of the Northwest Intertribal Court System or contracts with the Northwest Intertribal Court System for such services. In the absence of such a relationship with the Northwest Intertribal Court System, all duties delegated to the Northwest Intertribal Court System shall return to the Port Gamble S’Klallam Tribal Council and the requirement that Judges be appointed from NICS’ roster shall no longer be in effect.
(Approved by Res. 13-A-056, 3/26/2013, to require judges to be law-trained and licensed to practice law, clarify Orders are valid if the council fails to appoint a chief judge, and delegate authority to assign judges while the tribe is a member of NICS.)