CHAPTER 407

RIGHT TO JURY TRIAL

407.01                         Jury Trial

Any person accused of a crime punishable by incarceration shall be granted a jury trial, upon his or her request made at time of arraignment. A jury shall consist of at least six (6) members of the Tribe selected at random from a list of eligible jurors prepared by the Court.

407.02                         Eligible Juror

An eligible juror is an enrolled member of the Red Lake Band of Chippewa Indians who has reached the age of eighteen (18) years, is of sound mind and discretion, has not been convicted of a felony, has not been dishonorably discharged from the Armed Services, is not a member of the Tribal Council, a hereditary chief, or a judge, officer, or employee of the Court and their spouses and is not otherwise disqualified according to standards established by the Court.

407.03                         Juror List

A list of at least fifty (50) resident enrolled members of the Tribe who are eligible for jury duty shall be prepared and maintained by clerk. Each voting district on the Reservation shall be represented on the list. The clerk shall prepare the jury list at random from the list of eligible resident voters of the Red Lake Indian Reservation. When the list is completed, each person on the list shall be served written notice that they have been selected to serve jury duty and shall report to the office of the Clerk of Court on the date and at the time stated in the notice for an instructional meeting. Prior to the day scheduled for a jury trial, the clerk shall, at random, select twenty (20) names from the jury list and advise each person selected that they are to appear at the court the following day to serve their jury duty. The twenty (20) persons so selected shall be known as the jury group.

The individuals selected to comprise the jury list shall be required to perform jury duty for one (1) month. At the end of the one (1) month term of jury duty, the Clerk of Court shall prepare a new jury list as provided herein to serve for the ensuing month. Each subsequent month, the Clerk of Court shall prepare a jury list in accordance with the terms of this section.

407.04                         Jury Panel

Under the supervision of the presiding Judge and prior to any jury trial, a panel of jurors shall be drawn by lot from the jury group. A trial jury shall consist of six (6) qualified jurors selected from a panel of ten (10) eligible persons taken from the jury list, none of whom has an interest in the case, or is related as spouse, parent, grandparent, brother or sister, or first or second cousin to any of the parties, the judges, or their counsel. If the jury panel is exhausted before a sufficient number of jurors are selected for the trial jury, additional jurors shall be drawn by lot from the jury group for the panel until it is exhausted and the jury list until it is exhausted or until a jury is selected.

407.05                         Judges Subpoena Power

The Judges of the Court shall have the power to issue subpoenas to compel the attendant of members of the jury list, group and panel and of trial jurors. Subpoenas shall be signed by the Judge issuing them.

407.06                         Excused Jurors

The Judge assigned to the case shall have the power to excuse persons from jury duty on account of sickness or disability, or for other good cause.

407.07                         Juror Challenges for Cause

Each party may question members of the panel of prospective jurors for the purpose of selecting a trial jury and a juror may be challenged for cause by any party upon the following grounds:

      a)              The existence of a state of mind on the part of the juror with regard to the case or the either party which satisfies the court that the juror cannot try the case impartially and without prejudice to the rights of the party challenging.

      b)              A felony conviction unless the civil rights have been restored.

      c)              The lack of any of the qualifications prescribed in Section 407.02.

      d)              That the prospective juror is related to the person alleged to be injured by the offense charged, or to the person on whose complaint the prosecution was instituted, or to the defendant, or to any counsel in the case and that the relationship      is closer than a third cousin as defined in Section 407.04 hereof.

407.08                         Pre-emptory Challenges

In criminal cases, in addition to disqualifying jurors for cause as determined by the Judge, the prosecution and the defendant shall each be entitled to two (2) peremptory challenges without assigning any cause. Where there is more than one (1) defendant, they must join in a challenge before it can be made unless the Court, for due causes shown, shall permit otherwise, or shall permit each defendant to exercise two (2) peremptory challenges.

407.09                         Juror Compensation

Each member of the jury panel called to service and each juror who serves upon a jury shall be entitled to compensation at a rate fixed by the Tribal Council, and may, in the discretion of the presiding Judge, be allowed mileage at a rate fixed by the Tribal Council. All payments of per diem and mileage shall be supported by vouchers signed by the presiding Judge. Such vouchers shall be paid in order of presentation, from available funds on deposit for the purpose.

407.10                         Court Instructions

The Judge shall instruct the jury with regard to the applicable law and the jury shall decide all questions of fact on the basis of that law. At the close of evidence or at such earlier time during the trial as the Judge directs, any party may file with the Judge written instructions on the law which the party requests the Judge to deliver orally to the jury. At the same time Copies of such requests shall be furnished to the opposing party. The Judge shall inform each party of his proposed action upon each request prior to the arguments to the jury, but the Judge shall deliver his instructions to the jury after arguments are completed. No party may assign as error any portion of the Judge's charge or any omission unless he makes his objection and gives his reasons for it before the jury retires to consider its verdict. Opportunity shall be given to make the objection out of the hearing of the jury.

407.11                         Jury Deliberations; Verdict

After deliberations in private, the jury in criminal cases shall return to the Judge in open court a verdict of "Guilty" or "Not Guilty" with respect to each defendant. A finding of “Guilty” or “Not Guilty” may be rendered by the unanimous jury, or when all of the jurors except one are in agreement.

(Section 407.11 amended to the Tribal Code by Resolution No. 10-96 dated, January 9, 1996)

407.115           Judgment Notwithstanding a Jury Verdict

Upon presentation of the evidence, and the arrival at a verdict by the jury, the judge in a criminal case may render a verdict contrary to that reached by the jury. Full force shall be given to the judges finding, notwithstanding the decision of the jury.

(Section 407115 added to Tribal Code by Resolution No. 10-96, dated January 9, 1996)

407.12                         Sequestration of Jurors

The Court shall have the power, upon good cause shown, to sequester the jury in order to insulate it from improper information or influences during the pendency of a trial or during deliberations by the jury.