SISSETON-WAHPETON SIOUX TRIBE
CHAPTER 23
TRIALS
23-01-01 PRESENCE OF THE DEFENDANT
The defendant in a criminal case shall be present in Court at every stage
of the trial, including the impaneling of the jury arid return of the verdict
where trial is by jury, and the imposition of sentence.
23-02-01 RIGHTS OF DEFENDANT IN CRIMINAL CASES
No person shall twice be placed in jeopardy for the same offense, nor shall
he be compelled in any criminal case to be a witness against himself. The accused
shall have the right to a speedy and public trial, the right to confrontation
of witnesses, the right to compulsory process for commanding the presence of
witnesses, and the right to demand trial by an impartial jury for any offense
or combination of offenses in this Code.
23-03-01 AFFIDAVIT OF BIAS AND PREJUDICE OF A JUDGE
Upon the filing of an affidavit of bias and prejudice setting forth satisfactory
proof of facts establishing, that by reasons of bias or prejudice of the Judge
to whom the case is assigned, the defendant cannot have a fair trial the Judge
shall disqualify himself. Any person who abuses the privilege, by filing affidavits
of bias and prejudice without basis in fact, shall be in Contempt of Court.
23-04-01 TRIAL BY THE COURT WITHOUT A JURY
All trials shall be before the Court without a jury when the defendant waives
his right to a jury trial. In trials without a jury, the Court shall hear and
determine all issues of fact and the Court shall determine all issues of law.
23-05-01 JURIES - ELIGIBILITY FOR JURY DUTY
1. Must be an adult resident member of the Tribe under the age of eighty-five (85) years.
2. Must be able to speak and understand the English language and if the party so requests, understand the Dakota language.
3. Must not have been convicted of a felony within one (1) year last prior to appointment.
4. Any felony conviction of the appointee must not bear a similarity to the crime with which the defendant is charged.
5. Must not be a member of the Tribal Council, a Judge, officer or employee of the Court or jail, or admitted to practice before the Court.
23-O5-02 JURY LIST
A list of at least twenty-one (21) resident enrollees of the Tribe who are eligible for jury duty shall be prepared and maintained by the Clerk. Each voting district on the Reservation shall be represented on the list. The list shall be prepared and maintained with the advice of the Tribal Executive Committee.
23-O5-03 TRIAL JURIES - HOW CONSTITUTED
Under the supervision of the presiding Judge, a panel of jurors shall be
drawn by lot from the jury list. A trial jury shall consist of six (6) qualified
jurors selected from a panel of twelve (12) eligible persons taken from the
jury list, none of whom has an interest in the case, or is related as spouse,
parent, brother, sister, child, grandparent, aunt, uncle, first cousin, niece
or nephew to any of the parties or their attorneys. 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 list for the panel until a trial
jury is selected.
23-05-04 POWER TO SUBPOENA JURORS
The Judges of the Court shall have the power to issue subpoenas to compel
the attendance of members of the jury panel and of trial jurors. Subpoenas shall
be signed by the Judge issuing them.
23-05-05 POWER TO EXCUSE PERSON FROM JURY DUTY
The Judge assigned to the case shall have the power to excuse persons from
jury duty on account of sickness, disability or for other good cause.
23-05-06 EXAMINATION OF JURORS
Each party may question members of the panel of prospective jurors for the
purpose of selecting a trial jury.
23-05-07 CHALLENGES
In criminal cases, in addition of disqualifying the prospective jurors for
cause, the prosecution and the defense shall each be entitled to one peremptory
challenge without assigning any cause.
23-O5-08 COMPENSATION TO JURORS
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 not to' exceed five
dollars ($5.00) per day and mileage at the rate of ten cents (.10) per mile.
All payments of per diem and mileage shall be paid in order of presentation
from available Court funds:
23-06-01 WITNESSES AND PRODUCTION OF DOCUMENTARY EVIDENCE
on motion of good cause shown by any party to the case, or on the Court's
own motion the Court shall issue subpoenas to compel the attendance of, witnesses,
or the production of books, records, documents, papers, and things necessary
to the determination of the case, over which the Court has jurisdiction.
23-06-02 PAYMENT OF WITNESSES
Each party shall pay for its own witnesses. The Tribe shall pay all
witnesses subpoenaed on its behalf at the rate not to exceed five dollars
($5.00) per day and mileage at the rate of ten cents (.l0) per mile upon
showing of indigency, the Court shall make appropriate provisions for the
appearance of witnesses on behalf of the indigent party.
23-07-01 EVIDENCE
23-07-02 ORAL TESTIMONY
In all trials, the testimony of witnesses shall be given orally on oath
in open Court subject to the right of cross examination.
23-07-03 DOCUMENTARY AND TANGIBLE EVIDENCE
Documents and other tangible evidence, material and relevant to the case
may be received in evidence if properly identified.
23-07-04 INTOXILYZER TEST
Under no circumstances shall the results of an intoxilyzer test be admissible
into evidence in any criminal action unless the officer who administered the
test has been issued a certificate of qualification to administer such a test
from either the manufacturer of the intoxilyzer device or the state criminal
laboratory. Also, in order for the results to be admissible in such a
case, a checklist of maintenance and procedure shall be available for the particular
test in question.
23-08-01 ORDER OF PRESENTATION
The case of the plaintiff or prosecution shall be presented first, followed
by the case of the defendant and by rebuttal and sur-rebuttal as required.
23-09-01 INSTRUCTIONS TO JURY
At the close of evidence or at such earlier time during the trial as the Judge
directs, counsel for 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 opposing counsel.
The Judge shall inform counsel 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 charges or omission therefrom unless he makes his objection before
the jury retires to consider its verdict. The objection shall be distinctly
stated and the grounds for objection set forth. Opportunity shall be given to
make the objection out of the hearing of the jury.
23-10-01 JURY VERDICTS IN CRIMINAL CASES
After deliberation 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 verdict in 'criminal cases shall be rendered by the jury unanimously.
23-11-01 COSTS IN CRIMINAL CASES
The judgement of conviction in criminal cases shall include costs in an
amount not to exceed ten dollars ($10.00).
23-12-01 SEVERABILITY
If any clause, sentence, paragraph, section, or part of this code shall,
for any reason be adjudicated by any Court of competent jurisdiction, to be
invalid or unconstitutional, such judgement shall not affect, impair, or invalidate
the remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section, or part thereof directly involved in the controversy
in which the judgement shall have been rendered.