Section 4
Criminal Rules
4.1 SCREENING FOR ASSIGNMENT OF LEGAL COUNSEL
The presiding Judge or designated office will screen a defendant to determine whether he or she meets the qualifications to be assigned legal counsel.
4.2 APPOINTMENT OF CRIMINAL LEGAL COUNSEL
In a criminal proceeding where the criminal complaint could impose a total term of imprisonment of more than 1 year on a defendant or where Special Jurisdiction is being exercised, the Appointed Counsel will:
A) Provide to the defendant the right to effective assistance of counsel at least equal to that guaranteed by the United States Constitution; and
B) Be an attorney licensed to practice law by any jurisdiction in the United States that applies appropriate professional licensing standards and effectively ensures the competence and professional responsibility of its licensed attorneys.
C) In the event the University of Washington Tribal Public Defense Clinic has a conflict of interest in representing a defendant in Tulalip Tribal Court, conflict counsel may be appointed by the Court, if the defendant qualifies for such appointment, on such terms as the Court sets.
4.3 JURY REQUIREMENTS IN CRIMINAL CASES.
4.3.1 Jury Pool. The jury will be drawn from sources that:
A) Reflect a fair cross section of the community; and
B) Do not systematically exclude any distinctive group in the community, including non-Indians.
4.3.2 Jury Information forms. Jury information forms shall be provided to the attorneys or pro se defendants prior to voir dire.
4.3.3 Jury Questionnaires. The Court may use jury questionnaires when appropriate. The parties may suggest questions for the jury questionnaires.
4.4 JUDICIAL QUALIFICATIONS.
All judges presiding over criminal proceedings where the Defendant may be sentenced to over 1 year in jail or over a $5,000.00 fine shall:
A) Have sufficient legal training to preside over criminal proceedings; and
B) Be licensed to practice law by any jurisdiction in the United States.
4.5 INSTRUCTIONS TO THE JURY FOR CRIMINAL CASES
4.5.1 Pattern Instructions
The Chief Judge, in consultation with the other judges and the criminal bar, shall annually approve pattern jury instructions every January. These shall be maintained by the Court Administrator and shall be available on the Tulalip Tribal Court webpage.
4.5.2 Proposed Instructions
Unless otherwise ordered by the trial judge, proposed instructions shall be submitted by the parties two days prior to trial. Proposed instructions upon questions of law developed by the evidence, which could not reasonably have been anticipated, may be submitted at any time before the Court instructs the jury.
4.5.3 Submission
A) All instructions filed by a party shall be identified as the party’s proposed instructions.
B) Cited instructions shall be numbered and uncited instructions shall not be numbered.
C) Parties shall file their proposed instructions as follows:
i) Original cited copy file with the Court;
ii) One cited copy and one uncited copy to the Judge; and
iii) One cited copy to opposing counsel.
4.5.4 Form
Each proposed instruction shall be typewritten or printed on a separate sheet of letter size paper.
4.5.5 Disregarding Requests
The Court may disregard any proposed instruction not submitted in accordance with this rule.
4.5.6 Written Questions from the Jury During Deliberations
The jury shall be instructed that any question it wishes to ask the Court about the instructions or evidence should be signed, dated, and submitted in writing to the Court Clerk or bailiff without any indication of the status of the jury’s deliberations. The Court shall notify the parties of the contents of the questions and provide them an opportunity to comment upon an appropriate response. Written questions from the jury, the Court’s response and any objections thereto shall be made a part of the record. The Court shall respond to all questions from a deliberating jury in open court or in writing. In its discretion, the Court may grant a jury’s request to rehear or replay evidence, but should do so in a way that is least likely to be seen as a comment on the evidence, in a way that is not unfairly prejudicial and in a way that minimizes the possibility that jurors will give undue weight to such evidence. Any additional instruction upon any point of law shall be given in writing.
4.6 APPEARANCE BY TELEPHONE IN CRIMINAL CASES
When counsel in unable to be physically present at court because of other duties, illness, or other reasonable circumstances, counsel may appear at hearings by telephone with the permission of the Court.