A Clerk of the Court shall maintain a current list of eligible jurors, and the Clerk shall update the list from time to time, but no less than once in each year. The list shall reflect a fair cross-section of the community, and it shall not systematically exclude any distinctive group in the community, including non-Indians. Jurors shall be twenty-one (21) years of age or older, and notwithstanding any other law of the Tribe or any of its agencies, shall be chosen from the following classes of persons:
(a) 
Tribal members living on the Port Gamble S’Klallam reservation or in Kitsap County;
(b) 
Permanent residents who have lived on the Port Gamble S’Klallam reservation for at least one continuous year; and
(c) 
Employees of the Tribe who have been employed by the Tribe for at least one continuous year prior to being called as a juror.
A person may be excused from jury duty only upon good cause shown to the trial judge.
(Port Gamble S’Klallam Law and Order Code. Res. 84 A 03, 2/14/1984, amended this section to place responsibility for the jury list to the Court Clerk; Res. 18-A-99, 8/27/2018, amended this section to expand the tribe’s jury pool population by including tribal employees as part of jury pools. In doing so, along with Title 15 Domestic Violence, the Port Gamble S’Klallam Tribe exercises special domestic violence criminal jurisdiction over all persons within the Tribe’s jurisdiction. Special DV jurisdiction is defined under 25 U.S.C. §§ 1302 through 1304 (2013). Res. 18-A-99 also changed the name of this section from Eligibility of Voters to Jury Pools.)
[1]
Cross Reference: Section 11.01.03 Eligible Voters.
A jury shall consist of six (6) jurors and at least one alternate drawn from the current list of eligible jurors by the Judge or the Court Clerk.
(Port Gamble S’Klallam Law and Order Code. Res. 18-A-99, 8/27/2018, amended this section to include the requirement to draw at least one alternate juror.)
The parties shall be permitted alternately to question the potential jurors as to their impartiality and fairness. The parties may excuse up to two (2) jurors without showing cause, commencing with the complainant and alternating thereafter. The parties may challenge any juror for cause and the Judge shall excuse any juror he or she feels would not be completely fair and impartial. There shall be no limit to challenges for cause.
(Port Gamble S’Klallam Law and Order Code. Res. 84 A 03, 2/14/1984 amended this section integrating former section 1.5.03 and 4.2.01. The composition of the jury panel was at least 2/3 enrolled members was enacted to see that tribal members are adequately represented on juries. Formerly, more non-members than members served on juries although members compose the majority of reservation residents; Res. 18-A-99, 8/27/2018, amended this section to repeal the percentage requirements explained above from Res. 84 A 03. The Tribe is exercising Special Domestic Violence Criminal Jurisdiction under 25 U.S.C. §§ 1302 through 1304 (2013), so the tribe requires that a jury pool reflects a fair cross-section of the community and the tribe requires that no distinctive group in the community is systematically excluded, including non-Indians.)
[1]
Cross Reference: Title 15 Domestic Violence.
No person shall be eligible to sit on a jury panel in any case in which he or she:
(1) 
Has a direct interest or,
(2) 
Is related to a party by blood or marriage in the first or second degree.
This section shall not be construed as the sole basis upon which a juror may be challenged for cause.
(Port Gamble S’Klallam Law and Order Code. Res. 84 A 03, 2/14/1984 amended this section to simplify the language.)
Any person required to attend court as a potential juror shall be entitled to a fee of fifteen dollars ($15.00) per day. Those who actually serve as jurors shall be entitled to an additional forty dollars ($40.00) per day for each day he or she sits on a jury.
(Port Gamble S’Klallam Law and Order Code. Res. 84 A 03, 2/14/1984 amended this section to increase the fee for jurors who are impaneled to ten dollars per day; Res. 18-A-99, 8/27/2018, amended this section to increase payments to potential jurors from $5 to $15 a day, and to increase payments to actual jurors from $5 to $40 a day.)
In all cases, the Court shall allow jurors to take written notes regarding the evidence presented to them and to keep these notes with them during their deliberation. The Court may allow jurors to keep these notes with them in their jury room during recesses and in such cases jurors may review their own notes but may not share or discuss the notes with other jurors until they begin deliberating. A juror’s notes are confidential and shall not be shared with other fellow jurors and the Court shall destroy all juror notes immediately after the verdict is rendered.
(Port Gamble S’Klallam Law and Order Code. Res. 18-A-99, 8/27/2018, created this section to guide the Tribal Court on the issue of jury note-taking.)
A defendant charged in the Port Gamble S’Klallam Tribal Court has a right to a trial by jury of six fair and impartial jurors drawn from the community. A defendant may waive the right to a jury trial in a written, voluntary statement to the Court. All jury verdicts must be unanimous.
(Port Gamble S’Klallam Law and Order Code. Res. 18-A-99, 8/27/2018, created this section to clarify that a defendant charged in the Port Gamble S’Klallam Tribal Court has a right to a trial by jury.)