At arraignment, the judge may determine bail amount, if any, and any other conditions of release. At a defendant’s request, all or part of the arraignment may be postponed to the following court session.
Arraignment is at the next regularly scheduled criminal court date following the bail review hearing. At arraignment, the judge shall first read the charges to the defendant, including the section of the Tribal Code that the defendant is accused of violating. The judge shall make sure that the defendant understands what has been read. The judge shall also tell the defendant the maximum penalty that may be given if the defendant is convicted.
At arraignment, the judge shall advise the defendant that he or she has the following rights:
(1) 
The right to remain silent;
(2) 
The right to be represented by a lawyer or other spokesperson at defendant’s expense;
(3) 
The right to be represented by a licensed attorney at the Tribe’s expense if the defendant is indigent;
(4) 
The right to have the rest of the arraignment postponed if the defendant wants to talk with a representative first;
(5) 
The right to a speedy, public trial.
(6) 
The right to be tried by a jury of six people, upon the defendant’s request;
(7) 
The right to have the Court order the witnesses against the defendant to appear and testify at trial;
(8) 
The right to question all witnesses against defendant;
(9) 
The right to call witnesses on defendant’s behalf;
(10) 
The right to Habeas Corpus; and
(11) 
The right to discuss bail and conditions of release.
(Port Gamble S’Klallam Law and Order Code. Res. 84 A 03, 2/14/1984 amended this section to state the specific rights given at arraignment; Res. 17-A-013, 1/23/2017, modified this section to clarify the arraignment process and to include additional rights, including the right to be represented by an attorney if a defendant is indigent, the right to postpone the arraignment upon request, and the right to a speedy, public trial; Res. 20-A-072, 7/28/2020, amended this section to clarify the arraignment process and to re-order the list of rights in order of the actual procedure.)
At arraignment, or as soon after that as the defendant has a chance to talk with a representative, the accused person shall state how he or she pleads in response to the charge(s). The accused may plead "guilty" or "not guilty."
If the defendant pleads guilty, the judge shall make sure that the plea is made voluntarily and that the defendant understands what will happen as a result of the guilty plea. The judge may then either impose a punishment immediately or put sentencing off to allow the parties to bring in information that will help the judge to determine a fair sentence.
If the accused person pleads not guilty, the judge shall set a trial date and a schedule for pre-trial motions and discovery. The judge shall also set bail or other conditions for the defendant's release before trial.
If the defendant refuses to plead to the charges, the judge shall enter a plea of guilty on the defendant's behalf.
A representative for the defendant may appear at arraignment in place of the defendant and may enter a plea on the defendant's behalf.
(Res. 84 A 03, 2/14/1984, codifies the custom of the Community Court in this area; Res. 17-A-013, 1/23/2017, modified this section to clarify the plea process.)
A defendant who has pleaded guilty may be allowed to withdraw that plea and substitute a plea of not guilty at any time up until sentencing if it appears that otherwise an injustice will be done.
(Res. 17-A-013, 1/23/2017, created this section to allow the Community Court the discretion to grant a defendant’s plea change from guilty to not guilty at any time up until the time of sentencing.)