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 Court is similar to other court systems in the State of Washington except that defendants do not have the right to have a lawyer appointed to represent them if they can not afford one on their own. It is up to the defendant to provide for his own legal counsel. 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 employs two full time court clerks and is a part of a circuit court system, with judges and prosecutors provided by Northwest InterTribal Court System out of Edmonds Washington.