HO-CHUNK NATION SUPREME COURT (2020)

IN THE

HO-CHUNK NATION SUPREME COURT

In Re Urgent Adoption of Amendments to the

Ho-Chunk Nation Rules of Appellate and Civil Procedure

WHEREAS, on November 1, 1994, the Secretary of the Interior approved a new Consti

tution for the Ho-Chunk Nation, formerly known as the Wisconsin Winnebago Nation;

and

WHEREAS, the Constitution of the Ho-Chunk Nation, art. VII, sec. 4, provides that the

judicial power of the Ho-Chunk Nation shall be vested in the Judiciary; and

WHEREAS, the Constitution of the Ho-Chunk Nation, art. VII, sec. 7(b), authorizes the

Supreme Court of the Ho-Chunk Nation to establish written rules for the Judiciary, in

cluding qualifications to practice before the Ho-Chunk courts; and

WHEREAS, pursuant to this authority, the Supreme Court has promulgated and adopted

various procedural rules throughout its twenty-five-year history enabling the Judiciary to

ably function as a co-equal branch of government; and

WHEREAS, on March 12, 2020, the Ho-Chunk Nation Legislature declared a state of

emergency in response to the global coronavirus pandemic, HCN Leg. Res. 03-12-20A;

and

WHEREAS, on March 13, 2020, Ho-Chunk Nation President Marlon E. WhiteEagle

joined the above declaration, urging Executive Departments to develop measures permit

ting enhanced and increased off-site performance of official duties, Admin. Order 03-1320-1; and

WHERAS, on May 4, 2020, President WhiteEagle reduced the number of executive fa

cility operational days, excepting health clinics, from five (5) to four (4) days due, in part,

to the financial consequences associated with the preceding conditions, and accordingly

reduced full-time employee, excepting exempt (and certain other) employees, work hours

from forty (40) to thirty-two (32) hours per work week, Executive Order 05-04-20-1; and

WHEREAS, the Supreme Court must adopt measures in response to unprecedented soci

etal circumstances, permitting it to continuously operate safely and responsibly, and also

determines to coordinate its actions with that of the executive and legislative branches of

government.

THEREFORE, the Supreme Court devises the below amendment to its procedural rules

as indicated in redline and, due to the pending urgent situation, dispenses with the

customary notice and comment period afforded to Ho-Chunk bar practitioners:

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HCN R. App. P. 10(a)

The computation of any time period in these rules shall be in calendar days. When count

ing days, computation begins on the day after the initial act, such as a filing, based on the

stamped Court filing date. If the allotted time period is less than seven (7) calendar days,

then weekend days (Friday through Sunday) and legal holidays are not counted. If the

time period concludes on a weekend day, a legal holiday, or a day when the Court is

closed without advance notice, then the time period shall conclude on the next working

day.

HCN R. Civ. P. 17(A) (footnote omitted)

When counting days to meet time limits under these Rules, computation begins on the

day after the filing. For example, if a Complaint is filed on the first day of a month and

the Answer is due in twenty (20) calendar days, then the date the Answer is due will be

the twenty-first day of the month. If the time limit identified in these rules is less than

seven (7) calendar days, then Fridays, Saturdays, Sundays and legal holidays are not

counted in the time limit. Legal Holidays are defined as those organized by the HoChunk Nation.

HCN R. Civ. P. 17(B)

If a time limit concludes on a weekend (Friday through Sunday), legal holiday, or day

when the Court is closed due to inclement weather or other unforeseen circumstances,

then the time limit falls on the next working day, subject to a single exception. The pre

ceding provision can neither extend nor expand a statutory statute of limitation regardless

of whether such corresponding legislation is referenced elsewhere in these rules. Compu

tation of time originates with the actual Court filing date or Court file stamped date of the

document and not the date the notice or the document is received by the party.

HCNR. Civ. P. 75(E)

Appeal of Candidate Certification. Pursuant to the ELECTION ORDINANCE, 2 HCC §

6.6f(2), a candidate may appeal a determination of the Election Board not to certify or

accept them as a candidate to the Court within five (5) days of the issuance of such deci

sion. The candidate shall initiate the appeal by filing the required Complaint as stated in

HCNR. Civ. P. 75(A), which shall prompt service of process in the manner articulated in

HCNR. Civ. P. 75(C). Thereafter, the appellee, Election Board, shall file an Answer to

the Complaint within two (2) calendar days of the filing of the Complaint in the Court,

inclusive of weekends (Friday through Sunday) and recognized holidays, and comply

with the relevant requirements set forth in HCNR. Civ. P. 76(B). The appellee shall serve

the Answer upon the appellant in accordance with HCN R. Civ. P. 77. Thereafter, the

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Court may convene a hearing in which event it shall provide notice in accordance with

HCNR. Civ. P.

HCN R. Civ. P. 84

The Court is open from 8:00 am. to 4:30 p.m. Monday through ThursdayFriday, with the

exception of legal holidays, closings due to inclement weather, or other unforeseen cir

cumstances. For a document to be timely filed, it must be received and stamped by the

Clerk of Court no later than 4:30 p.m. on or before the due date.

IT IS HEREBY ORDERED AND RESOLVED that the Ho-Chunk Nation Supreme

Court hereby temporarily adopts the attached the above rules effective this 14th day of

May 2020, from within the sovereign land of the Ho-Chunk Nation.

BY THE COURT,

Hon. Todd R. Matha, Wanaip

Chief Justice

a

.

Hon. Tricia A. Zunker, Hinqk pj

Associate Justice

Hon. David J.V.)Klauser, Mamlpe H4k

Associate Justi