Judical Code

(a) Any enrolled member of the Prairie Island Mdewakanton Dakota Community, between the ages of 18 and 75, who has not been convicted of a felony and who resides on the Prairie Island Mdewakanton Dakota Community Reservation, shall be eligible to be a juror. Judges and other officers or employees of the Court shall not be eligible to be jurors while thus employed. The Chief Judge may by rule adopt procedures whereby non-Indians may be summoned for jury duty in cases in which one or more non-Indian parties are involved.

(b) There shall be six jurors chosen to hear a case and the Court may allow one additional juror to be chosen as an alternate juror. In the event that an alternate juror is chosen and hears the case, she/he shall be dismissed prior to the jury's deliberation if not needed, and treated like a regular juror if needed.

(d) The Court shall permit the parties or the attorneys to conduct the examination of prospective jurors and may itself examine the jurors.

(e) A challenge is an objection made to a potential trial juror. Either party may challenge jurors but where there are several parties on either side, they must join in a challenge before it can be made.

(f) Challenges to jurors are either peremptory or for cause. Each party or side shall be entitled to three peremptory challenges.

(g) Challenges for cause shall be made against a potential juror on the grounds that she/he is not entitled or qualified to be a juror, she/he is familiar with the case or has formed an opinion regarding the case, or if for any other reason it appears likely or reasonably possible that a juror will not be able to render a fair and impartial verdict. The judge may take evidence relative to a challenge for cause and shall in any event render a decision thereon.

(h) The clerk shall draw lots to determine potential jurors and shall replace jurors for whom a challenge is sustained until a full panel is completed. Upon completion, the clerk shall administer the oath to the jurors, the form of which shall be prescribed by rule of the Court.

(i) If, after the proceedings begin and before a verdict is reached, a juror becomes unable or disqualified to perform her/his duty, the alternate juror shall take her/his place; if there is no alternate juror, the parties may agree to complete the action with the other jurors. If no agreement can be reached, the judge shall discharge the jury and the case shall be tried with a new jury.

(j) The Court may, for good cause shown, allow the jury to view the property or place of occurrence of a dispute or otherwise relevant event.

(k) Any time prior to their verdict when the jurors are allowed to leave the courtroom, the judge shall admonish them not to converse with or listen to any other person on the subject of the trial and further admonish them not to form or express an opinion on the case until the case is submitted to the jury for their decision.

(l) Once the case is submitted to them, the jury shall retire to deliberate in private under the charge of an officer of the Court who will refrain from communicating with them except to inquire whether they have a verdict, and she/he shall prevent others from improperly communicating with the jury.

(n) If after the jury retires, there is some question on an instruction or other point of law or disagreement regarding the testimony, the jury may request additional instructions from the Court, such to be given on the record after notice to the parties or their counsel.

(o) If the jury is discharged before rendering their verdict or for any reason prevented from giving a verdict, the action shall be retried.

(p) When all of the six jury members agree on a verdict, they shall so inform the officer who shall notify the Court. This jury shall be conducted into the courtroom and the clerk shall call the jury roll; the verdict shall be given in writing to the clerk and then read by the clerk to the Court; inquiry shall be made by the Court to the jury foreperson as to whether such is their verdict. Either party may have the jury polled individually to determine if such is, in fact, their verdict. If insufficient jurors agree with the verdict, the jury shall be sent out again to reconsider; otherwise, the verdict is complete and the jury shall be dismissed. If the verdict is read or recorded incorrectly by the clerk or foreperson, the jury shall retire to correct the verdict.