Chief Judge confirms arraignments are open to the public, says she will follow up with bailiffs

POPLAR, Mont. — Members of the public who arrived before Monday morning arraignments at Fort Peck Tribal Court were left outside the courtroom as proceedings began, despite the Fort Peck Comprehensive Code of Justice requiring arraignments to be held in open court.

The Journal arrived at the Fort Peck Court Complex at approximately 10:50 a.m. Monday, Aug. 17, about 10 minutes before the regularly scheduled 11 a.m. arraignments.

Several people were already waiting outside the courtroom. Another person arrived shortly afterward to attend an arraignment.

Before proceedings began, a bailiff came to the courtroom door and asked the people waiting whether they were there for arraignments. Everyone indicated that they were.

The bailiff then returned inside without admitting the group.

At approximately 11 a.m., arraignments began while the members of the public remained outside the locked courtroom door. Proceedings could be seen and heard from outside, including arraignments being conducted through the court’s video system.

One of the women waiting subsequently went to the Clerk of Court’s office and asked why the group was not being allowed into the courtroom.

Court staff indicated that the courtroom could not be opened once proceedings had begun.

However, the people waiting to attend the arraignments had arrived before court began, and the bailiff had already spoken directly with the group and established that they were there to attend the proceedings.

Fort Peck law requires arraignment in open court

Title 6 of the Fort Peck Comprehensive Code of Justice governs criminal procedure in Tribal Court.

Under 6 CCOJ § 401(b), which establishes arraignment procedures, the law states that an arraignment “shall be held in open court.”

The Journal contacted Fort Peck Chief Judge Stacie Four Star following Monday’s proceedings and asked why members of the public had not been permitted inside.

Four Star confirmed that the public is allowed to attend arraignments and explained the court’s policy once proceedings are underway.

“The public is allowed to attend arraignment. Once court starts no one can go in or out,” Four Star told The Journal.

The people outside Monday, however, had been waiting before the 11 a.m. proceedings began.

Four Star said she would look into what occurred.

“I will follow up with the bailiffs to see what happened today,” she said.

The Journal will follow up with Tribal Court regarding Monday’s incident and any additional information provided by the court.