Jurisdiction
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The Swinomish Police Department is the primary responder to crimes and emergencies that occur on the Swinomish Reservation. Additionally, the Swinomish Police Department works closely with the neighboring town of La Conner and assists the Skagit County Sheriff's Department with search and rescues in surrounding waters and with incidents that occur adjacent the Swinomish Reservation. Department officers are commissioned by the Swinomish Tribe, and the Skagit County Sheriff's Office to meet their obligations.The department's primary duties are to enforce the laws of the Swinomish Tribal Community. As with other jurisdictions, these laws are broken down into two categories, criminal and civil. When a civil law is broken, the violator does not risk going to jail. The usual punishment for civil infractions is a monetary fine. The Swinomish Tribe has civil jurisdiction over all people who commit civil infractions on the Swinomish Reservation. This most often comes into play when a person violates a traffic law on the Swinomish Reservation. Highway 20 between Burlington and Anacortes passes through the Swinomish Reservation. Swinomish Officers patrol this area in an effort to reduce car crashes, especially in the area of the Swinomish Slough Bridge, where the tribe has business interests. When a person is involved in an incident with criminal penalties, they will go through one of two court systems. Swinomish Police Officers investigate all crimes that occur on the Swinomish Reservation and have the authority to arrest and refer suspects to one of two courts. As a result of Supreme Court decisions such as Oliphant v Suquamish Indian Tribe [302], the Swinomish Tribe does not exercise criminal jurisdiction over people who are not a member of a federally recognized tribe. Non-Indian people who are arrested by Swinomish Police Officers are either booked into Skagit County Jail, issued a citation to appear in Skagit County District Court or referred to the Skagit County Prosecutor's office for charges in Skagit County Superior Court. People who are a member of a federally recognized tribe and are arrested by a Swinomish Police Officer are either booked into Skagit County Jail or issued a citation to appear in Swinomish Tribal Court.The Swinomish Tribal Court is similar to other court systems in the State of Washington. Similarities are that it is an adversarial system, with a prosecutor presenting evidence of a defendant's guilt. The rules of evidence and burden of proof are similar to other court systems. Defendants have the right to a jury trial in criminal matters. The court also hears civil cases involving traffic infractions, law suits, divorces, and child welfare matters. The Swinomish Court Clerk can be reached at telephone number 360-466-7217. The prosecuting attorney can be reached at 360-466-7371. |