Statutes | Lummi Nation Code Title 5A Chapter 5A.04 ยง 5A.04.015 | 2018
(a) Upon the request of a prosecutor or the defense, the Court may issue a material witness warrant compelling a witness to appear before the Court. In making the request, the party must certify that:
(1) the witness is material to the party's case
(2) the witness has failed or refused to appear before the Court and
(3) other means of securing the witness' presence at trial have proved futile.
(b) With the legislative purpose in mind to find the truth while allowing a domestic violence victim protection from trauma to the extent that is constitutionally permitted, the Lummi Tribal Court may implement state or federal rules of procedure regarding the admissibility of evidence, including, but not limited to, hearsay, video-taped depositions, or testimony by closed-circuit television. The Lummi Indian Business Council declares that protection of domestic violence victimwitnesses is a substantial and compelling interest of the Lummi Nation. When abuse is
prosecuted, a domestic violence victimwitness may suffer serious emotional and mental trauma from exposure to the abuser or from testifying in open Court. The creation of procedural devices designed to enhance the truth-seeking process and to shield domestic violence victim-witnesses from the trauma of exposure to the abuser and the Courtroom is a compelling tribal interest.