Prosecution for violating the criminal laws of the Port Gamble S’Klallam Tribe shall be initiated by written complaint. The complaint shall state the essential facts constituting the offense charged and must be filed in the Community Court. A valid complaint must bear the signature of the tribal prosecutor or other person authorized to represent the Tribe.
(Port Gamble S’Klallam Law and Order Code. Res. 84 A 03, 2/14/1984 amended this section to clarify the complaint process; Res. 19-A-152, 12/16/2019, amended this section to remove the option of filing a complaint that is signed only by a complaining witness, so only the prosecutor or other person authorized by the tribe may file a complaint.)
Except as provided in paragraph (a) below, no complaint shall be filed charging the commission of a tribal offense after one (1) year from the date the commission of an offense is discovered. If a complaint has been filed within the one (1) year period, there shall be no time limitation on further proceedings, except a defendant’s right to a speedy trial[1] shall not be abridged. The time shall not run during the person’s absence from the reservation.
(a) 
For offenses involving sexually explicit conduct with a minor, including but not limited to, rape or indecent liberties, no complaint shall be filed ten (10) years after the date the victim attains the age of majority.
(Port Gamble S’Klallam Law and Order Code. Res. 84 A 03, 2/14/1984 amended this section for clarity; Section (a) was passed by Res. 11-A-043, 12/13/2011, to allow for a longer period for the prosecutor to bring a case against a child sexual abuse perpetrator.)
[1]
Note: It is the intent of the Tribal Council that the term “speedy trial” shall mean the right of a defendant to have the trial process commence a reasonable time after a complaint is filed, such reasonableness to be measured by whether the Defendant has been injured by any delay. This section was amended to have the time run from the date of discovering the commission of a crime and tolling the statue if the person leaves the reservation.
A citation, conforming to the requirements of this chapter, shall be deemed to be a summons and complaint for the purpose of initiating a criminal prosecution. If a defendant fails to appear as directed by the citation, the judge shall issue a bench warrant and order any bail deposited by the defendant to be forfeited.
(Port Gamble S’Klallam Law and Order Code. Res. 84 A 03, 2/14/1984; Res. 15-A-96, 8/24/2015, amended this section to change “arrest warrant” to “bench warrant” in order to refer to the new section 2.02.10 Bench Warrants.)
A citation shall be deemed a summons and complaint under this chapter if it contains:
(a) 
The name, address, date of birth, sex, and driver’s license number of the accused;
(b) 
The general location where the offense was committed;
(c) 
The name and number of the law allegedly violated;
(d) 
A brief statement of the specific acts or omissions complained of;
(e) 
The victim’s name, if known;
(f) 
The date and approximate time the offense was committed;
(g) 
The date and approximate time the citation was issued;
(h) 
The name of the citing officer;
(i) 
A space for the person to sign a promise to appear;
(j) 
The time and place for the person to appear for arraignment.
(Port Gamble S’Klallam Law and Order Code. Res. 84 A 03, 2/14/1984)
A citation may be issued by a tribal police officer in lieu of keeping the person in custody or requiring a bail if, 1) committed in his presence or 2) if not committed in his presence but he has probable cause to believe an offense was committed by the person charged. A copy of the citation shall be filed immediately with the Community Court. In determining whether to issue a citation in lieu of detention, the officer may consider:
(a) 
Whether the person has identified himself satisfactorily;
(b) 
Whether detention is necessary to prevent harm to himself, to others, to property or to prevent a breach of peace;
(c) 
Whether the person has ties to the community sufficient to provide reasonable assurance he will appear before Community Court;
(d) 
Whether the person has previously failed to appear before the Court in response to a citation; and
(e) 
Whether the tribal police officer has reason to believe that there is a substantial likelihood that the person will not respond to the citation.
(Port Gamble S’Klallam Law and Order Code. Res. 84 A 03, 2/14/1984, repealed that portion of this section making proof of enrollment prima facie evidence of assurance to appear before the Court; amended by Res. 05-A-054, 6/14/2005.)
A complaint and summons or citation may be amended by the Court, tribal police officers, or tribal prosecutor provided that no substantial right of the accused is breached. Any amendments shall be filed with the Court and promptly served on the Defendant.
(Res. 84 A 03, 2/14/1984)
[1]
Note: This section was added to prevent dismissal of a case when errors or omissions are discovered in a complaint, summons, or citation and amendment would not cause substantial harm to the Defendant.
(a) 
This section governs warrants on finding of probable cause under 2.02.08 and bench warrants under 2.02.10. A warrant shall be in writing and shall state the following:
(1) 
The date issued;
(2) 
The name of defendant, or if the defendant’s name is unknown, any name or description by which the defendant can be identified with reasonable certainty;
(3) 
The offense against the defendant;
(4) 
The reason for issuance;
(5) 
The expiration date in accordance with (b) of this section; and
(6) 
If the offense is bailable, the bail or other conditions of release.
(b) 
A warrant issued on charges that include a felony charge expire after ten (10) years and warrants on all other matters expire after five (5) years, unless and until quashed by the defendant or rescinded by the Court, or until the defendant is taken into custody on the warrant. A warrant will automatically renew one (1) time. Thereafter, the tribal prosecutor may request renewal of the warrant from the Court.
The Court may renew a warrant as many times as it deems necessary.
(c) 
No person arrested under a warrant or appearing in response to a summons shall be discharged from custody or dismissed because of any irregularity in the warrant or summons, but the warrant or summons may be amended so as to remedy any such irregularity.
(Res. 15-A-96, 8/24/2015, amended this section to clarify what must be included in an arrest warrant; Res. 21-A-102, 7/26/2021 amended this section to extend warrant expiration dates; a warrant Issued on a felony charge was extended from two years to ten years; a warrant for all other matters was extended from one year to five years; and, all warrants renew automatically one time.)
Every judge and judicial officer of the Community Court shall have the authority to issue arrest warrants when there is probable cause to believe that the defendant committed an alleged offense.
Grounds for issuing a warrant must be established by a sworn statement or a declaration under penalty of perjury. A valid arrest warrant must bear the signature of the tribal prosecutor or other person authorized to represent the Tribe, or the signature of a complaining witness. Persons who may make such a sworn statement or a declaration under penalty of perjury include, but are not limited to, the prosecutor, a probation officer, a tribal police officer, or a complaining witness. Sworn oral testimony must be recorded and preserved for review. The finding of probable cause may be based on evidence that is hearsay in whole or in part if the Community court judge or judicial officer is provided with facts supporting the credibility and reliability of any informant and the judge or judicial officer can make an independent judgment.
The tribal prosecutor may file a Motion for Probable Cause and Warrant for Arrest if a defendant was not arrested at the time of the alleged offense.
No more than one (1) warrant may be issued on the same complaint. No arrest warrant shall be valid unless it bears the signature of a judge, or judicial officer of the Community Court. The warrant shall be executed by a tribal police officer or other police officer of a valid jurisdiction under the authority of the Community Court.
(Port Gamble S’Klallam Law and Order Code. Res. 84 A 03, 2/14/1984 amended this section clarifying the probable cause requirement; Res. 15-A-96, 8/24/2015, amended this section to expand who can sign a sworn statement or declaration beyond just a complaining witness, to allow probable cause evidence to be based on hearsay if the Tribal judge is provided with enough appropriate evidence, and to remove the BIA as the only other exclusive authority to execute a tribal warrant and replace with “a valid jurisdiction”; Res. 20-A-072, 7/28/2020, amended this section to allow tribal prosecutor to file a motion for probable cause and arrest warrants if a defendant was not arrested at time of alleged offense.)
A police officer may arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that the person is committing or has committed an offense and:
(a) 
The offense involved physical harm or threats of harm to persons or property or the unlawful taking of property; or
(b) 
The officer has reasonable grounds to believe that the suspect will not be apprehended unless immediately arrested; or
(c) 
The officer has reasonable grounds to believe that the suspect may cause injury to himself or others or damage to property unless immediately arrested.
(Port Gamble S’Klallam Law and Order Code. Res. 84 A 03, 2/14/1984 amended this section to clarify the circumstances for warrantless arrests; amended again 11/13/1986; Res. 20-A-072, 7/28/2020, amended this section to clarify that an arresting officer may take a person into custody without a warrant under a probable cause determination.)
(a) 
Failure to Appear. The Court may issue a bench warrant for the arrest of any defendant who has failed to appear before the Court in answer to a citation, summons, or an order of the Court. The amount of bail on such warrants shall be set in accordance with Chapter 2.04 of this Title. In lieu of a bench warrant, where the defendant has no pattern of failing to appear in court or where the defendant did not receive correct notice to appear, the Court may issue an order that the defendant appear to show cause why he or she should not be held in contempt of court. Where the defendant fails to appear at an order to show cause, the Court shall issue a bench warrant unless good cause exists to reissue a subsequent order to show cause.
(b) 
Next-Court-Date Bench Warrants. In issuing a bench warrant under section (a) above, the Court, in its discretion, may issue a “next-court-date bench warrant.” Such a warrant is immediately active upon issuance and a defendant could be arrested on such warrant. However, the Clerk of the Court will not forward the warrant to the Port Gamble S’Klallam Police Department until after the next Community Court date has passed from the issuance of the warrant. The warrant may be served on the defendant by law enforcement, but the defendant can quash it without any quash fee or community work service, under section (c) below, if the defendant acts to quash at the next Community Court date after the issuance of the warrant.
(c) 
Quashing a Warrant. Any person who is the subject of a warrant of arrest because of his or her failure to appear before the Court at a scheduled hearing may submit a request that the Court quash or rescind the warrant. Such requests may be accompanied by payment of a fee established on a fee schedule approved by the Court and a written promise to appear in Court on the date established by the Court. By approval of the Court, in lieu of payment of a fee, the defendant may submit proof of completion of eight hours of community work.
(Res. 15-A-96, 8/24/2015, created this section to allow the Community Court to issue a bench warrant for the specific violation of failure to appear.)
Every person arrested by a tribal police officer shall be told immediately by the arresting officer that he or she has the following rights:
(a) 
The right to remain silent; and
(b) 
The right to speak with and be represented by a lawyer or a representative.
The accused shall also be told that any statements he or she makes may be held against him or her in court.
(Res. 17-A-016, 1/23/2017, created this section to ensure a defendant is informed of his or her rights at the time of arrest.)