HO-CHUNK NATION TRIAL COURT (2025)

HO-CHUNK NATION TRIAL COURT

P.O. BOX 70

BLACK RIVER FALLS, WI 54615

(715) 284-2722 OR (800) 434-4070

FAX: (715) 284-3136

Chief Judge

Jo Deen B. Lowe

Associate Judges

Wendi A. Huling

Michelle M. Greendeer-Rave

Administrator/Clerk of Court

Mary F. Thunder

Deputy Clerk

Margaret A. Falcon

Senior Staff Attorney:

Naomi Whitehead

Judiciary Branch Annual Report FY 2024-2025:

The Judiciary Branch serves the Constitutional role of interpreting and applying Ho-Chunk

Nation Law. Under the Ho-Chunk Nation Constitution, the Supreme law of the land, the Trial

Court shall have original jurisdiction over all cases and controversies, both criminal and civil, in

law or equity, arising under the Constitution, laws, customs, and traditions of the Ho-Chunk

Nation.

In the COVID era, the Judiciary and justice system stakeholders had to transition from in-person

to remote hearings, overcome technological and physical challenges. After significant staffing

challenges for the past several years, the branch is looking forward to a new budget year and to

positive changes and enhanced capacity in the year ahead. When adequate staffing levels are

achieved, it will be possible to more fully engage in the tasks of data preservation, enhanced case

management, information sharing and the ability to accurately monitor trends and case balances.

The Judiciary welcomed three new staff members in FY 2024-2025: as Assistant Court Clerks,

we welcomed Sara Decorah, and Blake Tollefson; and Philip Menning joined the team as a

Maintenance Worker I. Another change saw Michelle Oravez transitioning from an Assistant

Court Clerk to the Wellness Court as its case manager.

SUPREME COURT: The Supreme Court's mission statement derives from its constitutional

responsibilities to:

1) Provide final appellate review for cases and controversies initiated in the executive

administrative process or Trial Court;

2) Offer definitive interpretations of constitutional text and legislative enactments;

3) Promulgate procedural rules to guide the Judiciary; and,

4) Administer and oversee attorneys and lay advocates licensed to practice before the Nation's

courts.

The Supreme Court bears the solemn responsibility of providing final binding constitutional

interpretations. In performing this task, the Supreme Court definitively resolves significant

controversies concerning the proper application of law to deep-rooted conflicts. The Supreme

Court has dealt with 9 cases during FY 2024-2025. The Three Justices are Chief Todd Matha,

Associate Justices David J. Klauser, and Tricia Zunker. You recently returned the Chief Justice

and Associate Justice Zunker to their seats for a new term.

I.

Accomplishments during the prior fiscal year.

 Continued operations remotely.

 Played role in review of Information Technology challenges, and case

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II.

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decision issuance administrative concerns

 Responsible for a supervised bar admission examination.

 Provided direction regarding web page enhancement

Accomplishments based on the FY 2023-2024 goals and strategies

 Dealt with all filed appeals

 Available to exercise authority to revise judicial rules as needed

Problems and Corrective Actions taken

 Lack of development of a useable website platform for pro se litigants

 Communications with Trial Court Chief Judge regarding timely issuance of

decisions.

Goals and Strategies for the Next Fiscal Year

 Resolve appropriately filed appeals

 Promulgate and revise judicial procedural rules as needed

 Devise qualifications for legal practitioners and ensure adherence to

associated ethical requirements

 Providing an open and welcome research environment for practitioners and

Ho-Chunk tribal members. Improvements include inclusion of the daily court

calendar, the inclusion of additional Supreme Court case files and access to

various forms;

 Consider the need to develop and implement Lay Advocate Rules, revise other

Rules such as the Rules of Civil Procedure, Rules for Guardians ad litem and

so forth.

Alternative Funding sources and Partnerships for FY 2025-2026

 Look for funding source for annotation project and access to justice projects

 Play a role in activities funded by any grants awarded as are consistent with

Constitutional and other legal authority, i.e.; CTAS, BIA-638, TAD for

expansion related mods to policies.

 Play a role in community outreach efforts.

TRIAL COURT: The Ho-Chunk Nation Judiciary branch shall fairly, objectively and timely

render justice as required by the Ho-Chunk Nation’s laws in order to provide access to justice for

our customers, internal and external.

The Trial Court has the power to issue all remedies in law and in equity including

injunctive and declaratory relief and all writs. Additionally, the Trial Court may exercise its

power to declare the laws of the Ho-Chunk Nation void if such laws are not in agreement with

the Nation’s Constitution.

The Trial Court continued to exercise its primary duty of hearing cases and controversies

in addition to engaging in community outreach and strengthening its alternative Courts as part of

the Nation’s overall multi-branch justice system. In the period from July 1, 2024 to June 30,

2025, the number of new cases opened decreased from the previous fiscal year. Pre-pandemic the

number of new cases were above 400. In FY 2023-24 the number was 170 and new cases for

FY 2024-2025 totaled 123.

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NEW CASES ONLY

Children’s cases

Historically, in the last few years the Court has seen a significant decrease in the number of

children’s cases relating to abuse and neglect that are being filed in the Trial Court. The past

year saw only seven (7) such cases filed. The Court has been informed by CFS that when a

family fails the Intervention Program the case may be filed in a foreign jurisdiction. Also there

are a number of alternative and diversion courts in surrounding counties for family situations.

Civil cases form the bulk of the cases with no Criminal cases being filed in Tribal Court.

Accomplishments during the prior fiscal year.

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Addressed significant personnel challenges by seeking to hire and fill

vacancies. Effort was made to successfully increase staff numbers and skill

sets of staff.

Scheduled Guardians ad Litem training, additional candidates are needed.

Only one person applied for training. Training was rescheduled to weather in

February.

Courthouse tours and education for youth, college students, and other

jurisdictions, civic groups that are working with the Nation continued.

Judicial presentations to various professional and agency groups regarding the

courts. Wis. Supreme Court, Wisconsin Tribal Judges Association, University

of Wisconsin Law School- Federal District Court, University of Wisconsin

Law School Student, various bar presentations.

The Court supported professional development at all staff levels. Multiple

Training sessions were attended by Judges, Clerks and Bailiff others regarding

a variety of topics.

New Hires are engaged in training and skills building on court specific

software, and are preparing to move forward with improvements of

technology as they become available.

Ongoing file audit for the accuracy of the Court’s records and as preparation

for a case management solution.

I.

Accomplishments based on the FY 2024-2025 goals and strategies

 Increase in participation and attendance at court proceedings by members of

the public has been supported by Zoom.

 Fillable forms and instructions were developed have been provided for the

public and are available on-line and by request.

 The Court continued its case audit process to identify challenges with file

updates and tracking in preparation for migration to the new case management

system when it becomes available.

II.

Problems and Corrective Actions taken

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Ongoing issues with Website and technology continued. This means that

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getting access to information was challenging. We are currently re-addressing

the information accessibility to the Nation’s case law with IT.

Effort was made to successfully increase staff numbers and skill sets of staff.

Challenges with implementation of case management system. Ongoing effort

with vendor. Significant delays in delivery of case management product were

experienced and the effort was halted, data possession issues remain.

Working with IT to assure equipment upgrades are on the horizon.

A review of case files continued with an effort to clearly identify open,

active/inactive, closed and other status. This is challenging with the current

paper system in use. New Cases are readily identifiable, but cases from

previous years remain to be tallied and transferred to a case management

system

 Some are inactive and remain open because in some cases,

child support matters continue to accrue arrearages until the

child reaches the age of 18 or completes their education-and/or there is a serial family or serial payor issue with the

payor not being employed by the Nation;

 Some cases are open because creditors have not notified the

court that a debt has been successfully collected. This most

often happens when an individual ceases working for the

Nation, and changes employment. Neither Treasury, nor the

Court is notified that the obligation has been satisfied if

addressed through another employer.

 Failure to collect on contempt actions that were referred to the

DOJ: Citations which were never paid, Failure to Account for

Trust Fund Releases are the two most common types. The

current balance is unknown but is believed to be in the six

figure realm. If all expenses were tracked, and continue to be

tracked by Treasury following the issuance of the Orders of

Contempt an accurate figure would be available. A small

portion of these funds representing the citation amount would

be due and owing to the HCN Police Department.

 Issues of Paternity may remain open as the Court may have

ordered testing, but the testing remains to be completed.

Incarceration is not a bar to the completion of the tests.

Scheduling testing, not a Court function, may be at the heart of

this concern.

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Based on both BIA Court Assessments, recommendations were made for

enhancements in staffing and security and operations for the Court. The

Court applied for a CTAS grant request for such enhancements. The

grant was part of an effort to enhance law enforcement capacity under

Purpose Area #1, and under Purpose Area # 2 Tribal wide strategic

planning related to the Justice System, and Purpose Area #3 to fund

operations of the Judiciary enhance audio visual and to beef up security.

The grant as to operational enhancements was not successful. (Known as

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Purpose Area 3) but a number of helpful comments were provided and

they formed the basis of a successful effort to secure a Strategic Planning

Grant for the Nation’s Justice System and all of its elements.

GRANT GOALS

Secure and incorporate tribal member and collaborative partner

comments to aid in customizing that input into a 2025 -2028 effort for a

strategic Justice System plan.

The Strategic Justice System Plan will encompass the various branches of

the Nation and responsibilities that have been delegated to each. The

Strategic Plan will form the basis for future relevant CTAS Purpose Area

grants, NPD funding requests and private grant funding efforts. It should

be a guide for years to come and can be reviewed on a routine basis by

the General Council and future governing entities so that laws can be

developed, policies developed and executed. The overall system will

reflect the Ho-Chunk People’s Community goals and needs.

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The granting agency (Bureau of Justice Assistance) wanted to see that the

Nation’s laws supported the Ho-Chunk community goals for the Justice

System and its Judiciary component by identifying priorities, cultural

requirements, statutory key elements and so forth.

Specific mention was made of the development of a juvenile code, clear intent

to develop culturally relevant criminal code provisions, with a clear decision

regarding inclusion of the Tribal Law and Order Act (TLOA) and VAWA

provisions. They noted the code is outdated and questioned the mechanism

for implementation of key provisions like access to legal counsel and

advocates, arrangements for incarceration or alternatives and provisions

relating to adequate means to enforce the laws. (Police officers, court

officers, prosecutors, judges, defense counsel, any intergovernmental

agreements and so forth).

Additional comments related to laws targeting conduct, healing, juveniles,

behavioral health, diversionary or alternative programming and sentencing

and the ongoing incorporation of Ho-Chunk lifeways into the Nation’s laws.

The existence of the Traditional Court and Peacemaking Circles reflects the

needs of the Community and institutes Ho-Chunk culture and tradition in the

Justice system.

Security and safety were recognized as clear needs, along with the case

management system and technology upgrades and technology security

enhancement.

Access to legal research is tied in with the website; the work-around is that the

staff attorney is available to assist in responding to requests. The renewal of

action and access on the webpage is expected to alleviate this situation. An

alternative host site for the data may also be utilized if necessary.

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III.

IV.

Goals and Strategies for the Next Fiscal Year

 Review grant announcements for alternative funding sources. Apply as

appropriate.

 Review recommendations from BIA Court Assessment and implement as

feasible; seek funding as available and necessary

 Staff will have access to appropriate updated equipment and software for

enhanced flexibility and mobility as part of emergency preparedness, and to

facilitate the work of staff in a safe and professional, secure means.

 Lay Advocate training will be available in 2025 and 2026.

 The Court Calendar will be available electronically. Confidential proceedings

will be appropriately handled to assure confidentiality. Public hearings will be

noticed and expanded public access authorized via remote observation of

proceedings in a manner to be determined as part of transparency.

 Standardized packets of fillable forms and instructions, available

electronically

 Timeliness of the issuance of judicial decisions will continue to be addressed.

 A new case management system will be implemented;

 Enhanced data collection will be possible;

 The court should be able to work with litigants and be more able to identify

“pinch points” or challenges faced by litigants in dealing with the courts.

Addressing those has promise to improve the experience and result in an

overall improvement of justice.

 Research and access to case decisions will be more readily available

electronically through a variety of media resources for practitioners and lay

persons alike;

 The webpage information relating to the Trial Court and Judiciary will

continue to be reviewed with the goals to be more interactive and user friendly

 Incorporate Ho-Chunk language & culture in Court decision-making and

procedures.

Alternative Funding sources and Partnerships for FY 2025-2026

 The court has secured some grant funds: Life Comes From It is a privately

sourced grant that supports the activities of the Peace Makers; the Bureau of

Indian Affairs, 638 grants for Tribal Justice Support may have both one-time

funding and other funding for the future years, depending on the impacts of

Federal decisions at the Executive level. The CTAS grant was secured for one

area: Justice System strategic planning. To the extent that family law matters

are so impactful there may be additional access to Opioid Settlement funds to

address a re-boot of a Family Wellness Court.

HCN TRADITIONAL COURT UPDATES: The Traditional Court plays an active role in

providing knowledge of custom, traditions and Ho-Chunk core values to members referred to

them by court processes and through social services programming, or via self-referral. They

seek to preserve, protect and enhance the sovereignty of the Ho-Chunk Nation.

Currently the twelve elder members represent the Bear clan, Warrior clan, Thunder Clan, Deer

clan, Pigeon clan, Eagle Clan and 2 representatives for the Native American Church. Members

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include Wilfrid Cleveland, Richard Mann, Clayton Winneshiek, Andrew Thundercloud, III,

Quentin Thundercloud, Douglas Greengrass, James Greendeer, Wade Blackdeer, and Francis

Decorah, Clarence Pettibone, Forrest Funmaker and Dion Thompson.

I.

Accomplishments during the prior fiscal year.

 Peacemaking training/consult with Judges as educational advisor(s)

 Community Outreach & education

 Cross-cultural exchange with engagement by Wisconsin Supreme Court and

Wisconsin Tribal Judges Association.

 Completed a review of the process to fund cultural/religious site development

II.

Accomplishments based on the FY 2024-2025 goals and strategies

 Continued to have a member as part of the Healing to Wellness Court team

 Consulted w/ Legislature on Codes

 Community Outreach & education, participation in various meetings and

gatherings

 Engaged families in need of services and education regarding cultural matters,

provided clan information, explained obligations and roles of young HoChunk men.

 Arranged to participate in the 2025 Family Healing Camp.

III.

Problems and Corrective Actions taken

 Final review of edited Peacemaking training video back needs to be addressed

with appropriate staff and Judge.

 Lack of public engagement in Peacemaking Circle, members declined due to

perceived conflicts of interest. Future discussions will focus on this concern.

 The means used to fill court vacancies were not documented for replication;

no qualifications or written process.

 Additional availability for public meetings is requested. Additional funding to

return to the weekly meetings has been sought.

 There has been a reach out to the Legislature to seek active engagement on a

regular basis to provide consultation on matters of tradition as may be needed

for various Legislative activities.

 There has been an effort to reach out to the Executive Branch to aid in the

perpetuation of the Ho-Chunk lifeways through collaboration with various

departments. They will be participating in the Family Healing Camp as an

additional function this year.

 There is a need to make the public more aware of the opportunity to meet with

the Traditional Court. Web page information, newsletter information and

information for the Worak and other sources are currently the subject of work

by the group.

Traditional Court Goals and Strategies for the Next Fiscal Year

 Continued outreach to the public

 Greater Interaction and training w/ the Trial & Supreme Court

 Continue to consult on legislation as requested for Federal and State levels

IV.

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V.

Continue to be available to Tribal Executive & Legislative branches for

consultation, documentation of decisions.

Promoting use of Traditional Courts to resolve disputes

Participation in youth and Wellness Court consultations as requested.

Consider the establishment of cultural and traditional awareness opportunities

for members of the community.

Collaborate with justice system partners to incorporate traditional components

in alternative and diversionary programming.

Alternative Funding sources and Partnerships for FY 20225/2026

 The Traditional Court gets NPD funding and its activities enjoy limited

funding from the BIA and Life Comes From It, in addition to support for

member representation from the TAD grant on the Healing to Wellness Court.

 The Traditional Court is available to collaborate as requested by the other

branches of the Ho-Chunk Nation government and appreciates funding

support from those branches for transportation, lodging, meals and the

reasonable stipend expenses that may be associated with those departmental

requests.

 Collaborate on other funding opportunities as may arise.

WELLNESS COURT UPDATE: The Ho-Chunk Nation Tribal Wellness Court (“Tribal

Wellness Court”) exists to address a pervasive ill affecting our community; alcohol and drug

addiction and its associated consequences. The Tribal Wellness Court will act in partnership with

tribal and community agencies and service providers to achieve the following goals: 1) create

support systems and programs to foster employment, education, and communal, familial, and

individual health and well-being; 2) maintain relationships and resources to continually assist

program participation; 3) restore traditional values and language. The Tribal Wellness Court

shall adhere to Ho-Chunk ideals while focusing upon restorative justice and collaborative

decision-making; 4) outreach to the tribal membership and other eligible participants via multiple

media regarding the Healing to Wellness Court, and detailing how to contact them, apply for the

opportunity to participate; 5) outreach to collaborative partners in other WATCP member courts

or tribal courts that may be serving Ho-Chunk Nation tribal members to assist in providing

culturally relevant services, sharing knowledge regarding available resources and contacts. New

this year is the expansion to be able to serve tribal members and their household members, and

other tribal members outside of the Jackson County, WI area due to Legislative action to address

the ongoing issues of substance use within our communities.

I.

Accomplishments during the prior fiscal year.

 Provided treatment to community members; resulting in fewer days of

incarceration for tribal members

 Continued to offer services linked with other jurisdictions to Ho-Chunk tribal

members

 Coordinator Mann was critical in continuity and enhancement of the Tribal

Court Wellness Association

 Legislature revised statute so that those who are Ho-Chunk family

members/or live with a Ho-Chunk can participate, as well as opening the

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possibility that eligible other tribal members may be accepted into the

Wellness program.

II.

Accomplishments based on the FY 2024-2025 goals and strategies

 Created and utilized support systems and programs to foster employment,

education, and communal, familial, and individual health and well-being;

 Maintained relationships & resources to encourage & facilitate program

participation

 Successfully provided team support for two individuals who graduated the

program.

 Adhered to Ho-Chunk ideals & core values while focusing on individual

treatment plans, restorative justice & collaborative decision-making

 Participated in on-going training for team at State and National levels

 Supported participants through to graduation\

 Worked to modify statute and make modifications and amendments to internal

policies that will facilitate the expansion.

 Sought additional funding and aid in policy and procedure development.

 Secured a case manager position to aid the program team, its participants and

to provide supportive services relating to reporting requirements.

 Collaborated with the Executive and Legislative branches in the effort to

focus Opioid Settlement Funds on the needed areas to support the acquisition

of necessary upgrades to technology and to support treatment needs.

III.

Problems and Corrective Actions taken

 A defense attorney was needed for the team. Repeated efforts have been

made with Public Defender’s office and legal services as well as private bar.

The services of a Defense Attorney have been secured and he has attended

National Training along with the Traditional Court representative on the team.

 Activity related to monitoring participants was overwhelming for one staff

member. Additional clerical staff was determined to be beneficial. The case

manager position was created and funding granted by Legislature for the

hiring.

 Opioid Settlement Funds were secured for additional supportive positions.

The challenge is that funding beyond the initial period was not guaranteed,

funds for the creation of FTE’s is currently the subject of consideration by the

Nation’s Legislature. Some of the funds will be used for technology upgrades

for the team to aid in the maintenance of confidentiality from meeting to

meeting.

 Team retreats and a formal evaluation of the program by a neutral third party

was undertaken to review the program for consistency with best practices of a

Native American healing to wellness Court. The evaluation remains to be

formalized and returned to the Nation. Ongoing communications by the

Coordinator seeking the release date of the report continue.

IV.

Goals and Strategies for the Next Fiscal Year

 Create or identify and utilize support systems and programs to foster

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V.

employment, education, and communal, familial, and individual health and

well-being;

 Provide the opportunities for self-care for the team and its partners to assure

that they remain healthy and available to aid program participants.

 Marketing of the program to increase community awareness of its existence,

how to access the program and what to expect from participation.

 Maintain relationships and resources to encourage and facilitate program

participation and seek to expand same so as to be responsive to needs of the

program for its expanded eligibility participants;

 Reduce recidivism for non-violent offenders with substance abuse, (includes

alcohol), substance dependency, mental health, or a co-occurring disorder(s)

through individualized treatment plans and evidence based processes.

 Restore or establish linkages to traditional Ho-Chunk core values and

language. The Tribal Wellness Court shall adhere to Ho-Chunk ideals and

core values while focusing upon individual treatment plans, restorative justice

and collaborative decision-making.

 Outreach in furtherance of expanding participation and collaborating with

other stakeholders in the wellness and accountability justice systems at tribes

and in Wisconsin will be a subject of ongoing development and potential

program modifications

 Seek alternative or supplemental funding. Comply with grant requirements.

 Focus on the expansion of the Ho-Chunk Healing to Wellness Court and how

to provide services to those who don’t live in the BRF area

 Get MOUs in place with Counties and team participants to formalize

agreements and service providers

Alternative Funding sources and Partnerships for FY 2025/2026

 NPD/TAD (Treatment Alternatives Grant) funded.

 Ongoing monitoring of available funding sources and possible collaboration

on a supportive regional grant on an intertribal basis, if feasible.

 Additional Opioid Settlement Funds may be available to support the team and

program.

 The Program Coordinator will be vigilant for opportunities for partnership and

maximization of resources as he is currently a member of the Wisconsin

Association of Treatment Court Professionals Board of Directors, and a

founder of the intertribal coordinator group which includes reps from HoChunk, Oneida, Forest County Potawatomi, Lac Courte Oreilles, Lac du

Flambeau with interest by other Wisconsin Indigenous Nations.

 The Tribal Law and Policy Institute has been supportive of the HCN efforts

with its Wellness Court.

 Wisconsin Counties and their Drug Courts are often partners with the Healing

to Wellness Court.

The Judiciary branch would like to take the opportunity to thank the staff of

the branch for their dedicated service to the Nation, the traditional court

members and all those partners who contribute to the operations of the

various courts.

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This Court is a Ho-Chunk Court. This is your court as Ho-Chunk members.

Please contribute in the upcoming effort of strategic planning so that the

Judiciary can reflect the needs and community goals as it performs its

Constitutionally delegated tasks. We look forward to seeing you and

hearing from you in the days and months to come.

CHARTS

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