The
Colville Tribal Court has existed since the 1940's and is an independent
branch of the Tribal government. The trial court's Rules and Procedures
for criminal cases are set forth in Chapters 1 and 2 of the Colville
Tribal Law and Order Code. The Code lists criminal offenses in Chapter
3. The Court of Appeals has separately published its Rules pursuant
to Amendment X (article VIII, Judiciary) to the Constitution of the
Confederated Tribes of the Colville Reservation.
The Tribal Court consists
of a trial court and the Colville Tribal Court of appeals. These two
courts exercise criminal jurisdiction over Indians who violate the
Colville
Tribal law and Order Code while on the Tribes' nearly 1.5 million acre
reservation. The Tribal Courts jurisdiction also extends to both Indians
and non-Indians in civil matters that take place on the Reservation.
The trial court currently
consists of a Chief Judge and two full time Associates Judges. The Tribal
Court of Appeals is comprised of a Chief Justice and eight Associate
Justices. The published opinions of the Court of appeals may be accessed
at: www.tribal-institute.org/lists/decision.htm
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RIGHTS
OF DEFENDANTS |
MAXIMUM
PENALTY TABLE |
| • The
Right to be represented by counsel. If you cannot afford counsel,
the Court will appoint one at no cost to you.
• The Right to a speedy and public trial by an impartial jury.
• The Right to remain silent.
• The Right at trial to hear and question witnesses who testify
against
you.
• The Right to testify at trial and have witnesses testify
for you.
Witnesses can be made to appear at no expense to you.
• The Right to be presumed innocent until the charge is proven
beyond
a reasonable doubt.
• The Right to appeal a finding of guilt after trial. |
CRIMINAL
OFFENSES
•CLASS A: Up to 360 Days in Jail & a $5,000 Fine.
•CLASS B: Up to 180 Days in Jail & a $2,500 Fine.
•CLASS C: Up to 90 Days in Jail & a $1,000 Fine.
MOTOR VEHICLE OFFENSES
•CLASS A: Up to 360 Days in Jail & a $5,000 Fine
•CLASS B: Up to 360 Days in Jail & a $2,500 Fine
•CLASS C: Up to 90 Days in Jail & a $500 Fine |
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Complaint:
Prosecutions under the Tribal Law & Order Code are initiated by a
Complaint. The person charged may be cited and released, or arrested.
If the person is cited and released they are given a date to appear for
arraignment (within 15 days). If the person charged is arrested and detained,
they must be brought before the court for arraignment within 72 hours
of their arrest.
Arraignment: The Court advises the defendant
of their rights and the charges against them. The defendant enters a plea
of guilty or not guilty to the charges. Upon request, the Court will appoint
a defense counsel. The Court establishes conditions for release and sets
the dates for the Omnibus, Readiness/Pre-trial hearing, and trial at this
time.
Omnibus Hearing: At the Omnibus, both sides
identify their witnesses, provide notice of any motions, and raise any
legal issues that require a Court decision prior to trial.
Readiness/Pre-Trial Hearing: This hearing is
usually held on Monday, the week that the case will be heard at a jury
trial, and is held to address any unresolved issues relevant to trial
of the case.
Trial: Trials are scheduled for Thursdays. Defendants
may elect to have their case tried before a jury or heard by the Judge
alone.
Sentencing: Sentencing may take place when a
plea of guilty is accepted, upon a conviction, or at a later time. They
are based on the severity of the crime and the defendant’s criminal
record.
Predismissal Hearing: This hearing is held to
determine if the sentence and conditions of probation have been completed
so that the case can be closed or the charges dismissed.
Show Cause/Status Hearing: This hearing is set
by the Court to verify compliance with probation, Court Orders, conditions
of release, or for various other reasons.
Plea Bargains: The
Tribal Prosecutor offers a plea bargain in many cases due to the high
volume of cases in Tribal Court. The Prosecutor recommends a much more
lenient sentence if a defendant pleads guilty than if the case goes to
trial and the defendant is convicted.
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