NEAH BAY – Court proceedings and rules of conduct can vary from tribe to tribe.
Laws requiring public disclosure do not apply to sovereign tribal courts.
The Makah court system is similar to a county superior court system in structure and proceedings.
But the court rules are approved by the tribal council and were enshrined in 1936 in the constitution and bylaws of the Makah tribe.
The accused have a right to trial by a jury of their peers, but the jury is only six people, not 12, as it is in superior court.
The Makah Tribal Court does not require attorneys who have passed the state bar exam, but rather spokesman who are “of good moral character,” willing to pay a tribal bar fee and be admitted to the tribal bar.
The proceedings of the Makah Tribal Court are open to the public, said Makah Tribal Court Chief Judge Jean Vitalis, although the court’s records are largely restricted to those involved in a court matter.
