After the Tribal Council decides to forward a petition for banishment to the General Council, and pending a General Council vote on a petition for banishment, the person subject to the possible banishment order may appeal the Tribal Council’s decision to the Port Gamble S’Klallam Tribal Court.
(Res. 15-A-029, 4/13/2015)
The Port Gamble S'Klallam Tribal Court may review a Tribal Council decision to forward a petition for banishment to the General Council solely for the purpose of determining whether the procedural requirements of the following sections were followed:
(a) 
Section 28.03.04, Notice of Opportunity for Hearing – Content.
(b) 
Section 28.03.05, Notice of Opportunity for Hearing – Service.
(c) 
Section 28.03.06, Time of Hearing – Notice.
(d) 
Section 28.03.07, Conduct of Hearing – Tribal Council.
(e) 
Section 28.03.08, Continuance – Failure to Appear.
(f) 
Section 28.03.09, Standard for Decision (only on grounds of notice of decision).
(Res. 15-A-029, 4/13/2015)
The Tribal Court may use the appellate procedures set out in Title 7 of the Port Gamble S'Klallam Law and Order Code as a guide. Pursuant to the inherent authority of the Port Gamble S'Klallam Tribal Court, the Court may adopt such other procedures as are necessary to conduct the appeal, in keeping with the spirit of Port Gamble S'Klallam law.
(Res. 15-A-029, 4/13/2015)
If the Court finds that the Tribal Council did not follow one or more of the procedural requirements in any section listed in Section 28.04.02, it shall order the matter remanded to the Tribal Council.
If the Court finds that the Tribal Council met all the procedural requirements in the sections listed in Section 28.04.02, the Court shall affirm the decision of the Tribal Council.
(Res. 15-A-029, 4/13/2015)
The Court shall state in a remand order the specific provisions of the sections that were not followed and the steps that the Tribal Council shall take to ensure the requirements of the chapter are met.
(Res. 15-A-029, 4/13/2015)