HO-CHUNK NATION JUDICIARY

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INTHE

HO-CHUNK NATION JUDICIARY

ADMINISTRATIVE ORDER

In re: Court Operations, COVID-19

Order No.; Admin. 20-07

WHEREAS, the Ho-Chunk Nation General Council delegated judicial authority to th

Ho-Chunk Nation Judiciary pursuant to the CONSTITUTION OF THE Ho-CHUNK NATION. ART. VII

§ 4; and,

WHEREAS, the General Council delegated legislative authority to

Nation Legislature pursuant to CONST., ART. V, § l(a); and,

WHEREAS, the Legislature adopted the HO-CHUNK NATION JUDICIARY ESTABl.lSHM

AND ORGANIZATION Acr. pursuant to its constitutional authority as articulated in CONST., ART

V, § 2(a}; and,

WHEREAS, "[t]he Judiciary shall have exclusive authority and responsibility to emplo

personnel and to establish written rules and procedures governing the ... operation of the courts'

pursuant to JUDIClARV ACT, para. I.Sc; andt

WHEREAS, the Legislature approved the job description of the Chief Judge pursuant t

its constitutional authority as articulated in CONST•• ART. V. § 2(f); and.

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

emergency, imposing stringent restrictions on employment-related travel. HCN Leg. Res. 03-12

20A at 3-4. Additionally1 the Ho-Chunk Nation President declared a state of emergency. als

suspending employment-related travel. HCN Admin. Order Mar. 13, 2020-1.

Admin. 20.07 Order Re: Co1rrt opm1ti01u a11d procm

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WHEREAS, the Ho-Chunk Nation Supreme Court has issued In Re Emcrgenc

Adoption of Temporary Amendment to the Ho-Chunk Nation Rules of Appellate and Civi

Procedure emergency orders (ATTACHED); and

WHEREAS, the Ho-Chunk Nation Supreme Court and the Ho-Chunk Nation Trial Cou

' arc monitoring the ongoing situation;

NOW, THEREFORE, BE IT RESOLVED THAT THE HO-CHUNK NATIO

JUDICIARY ENTERS THE FOLLOWING JOINT ADMINISTRATIVE ORDE

EFFECTIVE UPON THE DATE OF SIGNATURE:

The following orders are emergency, temporary measures and shall remain In effec

until further notice from the Court.

The Judiciary hereby infonns the public that the Judiciary is remaining operational at thi

time; all matters on the docket through March 26, 2020 shall be heard; thereafter the court wil

consider the current conditions and recommendations of the Ho-Chunk Nation concemin

operations. In the event that rescheduling is appropriate, the Clerk of Court or Deputy Clerk o

Court will contact the panics.

During the week of March 16 and 26, 2020 and thereafter, the court will make eve

effort to address emergency cases: Emergency Removals of children, Elder Abuse action

seeking protective orders, domestic violence protective orders, and new Child Support cases i

the Ho-Chunk Nation Court.

The Court will continue to operate by using telecommuting capacities.

Wa Ehi Hoci, the Judiciary's offices arc closed to non•csscntial personnel. 'Ibis ban

shall include vendors and non·litigants;

Admin. 2~7 Ordu Rt Co11r1 o,Nrotiom and procns

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The Judiciary shall follow all Center for Disease Control (CDC) recommendations o

sociaJ distancing during hearings and other interactions at the Courthouse. The Judiciary rescrv

the right to dctcnnine whether a person is essential to a closed hearing. Courthouse bailiffs an

s security personnel shall enforce such measures in an appropriate maMer.

The Judiciary hereby sets forth the following temporary process for electronic filing

effective March 18, 2020:

E-Fitinc Temporary Process Dunne COVJ0-19 Pandemic

EfTcc1ivc March 18, 2020

1. All court filings to be sent via e-mail to Cou11Hling..c; 1" ho-chunk.co1l1 (see HCN Rules of

Civil Procedure, J(C) or HCN Rules ofAppcllnte Procedure, 7{b){3).

2. No filing fees will be required at this time (see 1/CN Rules ofCi,•il Procedure, J(C) or

HCN Rules ofAppellate Procedure, 7(b)(3).

3. Your e-mail should include the following:

a. In the subject line please indicate case name, case number and document type.

(Example: Smith v. Jones, CV 20-01, Respondent's Brief)

(Example: A.8.C., JV 20·0 l, Status Report)

4. Clerk of Court-Court Administrator, Mary Thunder, or Deputy Clerk, Margaret Falcon,

will check each hour for filings (during this time these two positions will only have acccs

to the e-mail).

5. Filing will be printed and reviewed by the Clerk of Court.

a. If the filing is found to be deficient the filing will be returned with a letter

denoting the deficiency via e-mail.

b. Original Deficiency Letter along with a copy of the filing will be sent by US

Postal Service.

6. The filing will be forwardcd to the appropriate clerk to be FILED stamped and processed

as nonnal practice.

7. Another copy of the filing will be printed, ENDORSED stamp, and sent back to the filing

party.

Admin, 20.07 Ordtr R, · Court o~ratia11s a1td proc,JJ

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IT IS SO ORDERED this 18th day of March 2020, by the Ho-Chunk Nation Suprem

and Trial Courts located in Black River Falls, WI within the sovereign lands of the Ho-Chun

Nation.

EGI HESKEKJET.

Honorable Todd R. Matha

Chief Justice

Adrrun. 20-07 Ordtr Rt Court ~rations and procas

Pagc4af4

INTHE

HO.-CHUNK NATION SUPREME COURT

In Re Emergency Adoption or Temporary Amendment to the

Ho-Chunk Nation Rules of Appellate and Civil Procedure

WHERtAS, on November I, 1994, the Secretary of the Interior approved a new Constitution for the Ho-Chunk Nation. fonncrly known as the Wisconsin Winnebago Nation;

and

WHEREAS, the Constitution of the Ho-Chunk Nation, art. Vll, 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 Notion, ort. VII, sec. 7(b). outhorizcs the

Supreme Court of the Ho-Chunk Nation to establish written rules for the Judiciary, including 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 1he global coronavirus pandemic. HCN Leg. Res. 03-12-20A;

and

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

joined the above declaration, urging Executive Departments to develop measures pennitting enhanced and increased off.site perfonnancc of official duties. Admin. Order 03-1320-l; and

WHEREAS, the Supreme Court must adopt temporary measures in response to unprecedented societal circumstances. pcnnitting it to continuously operate safely and responsibly.

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

- as indicated - and, due to the pending emergency situation, dispenses with the customary notice and comment period afforded to Ho-Chunk bar practitioners:

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HCN R. ARP· P, 7Cb)C3)

. .

.!.\· : •.

HCN R. Civ, P, 3(C)

Effective March 18, 2020, and extending until further order of the Supreme Court,

all named litigants and Interested parties, Including their respective legal counsel

(llcensed attorney or lay advocate) or Ho-Chunk spokesperson, may file any plead-

lng (complaint, petition, citation, answer, counterclaim, and crossclalm), motion,

affidavit, legal brief or memonndum, notice, subpoena, or related document by

electronic means. Any and all such filings may be sent to courtfilings@ho-chunk.com.

and these electronic submissions mU5t be received before 5:01 p.m. CST/CDT, excluding

weekends, recognized holidays. and administrative closures, in order to be considered

filed on that given business day. The act of electronic submission will constitute verification and substitute for an actual or photocopied signature. To the extent possible, such

filings should be submitted in a PDF or equivalent fonnat. Furthennore, voluntary use of

electronic filing signifies consent to receipt of judicial filings at the address used to send

the filing. Correspondingly, litigants and interested parties may perfonn service of process by electronic means and are strongly encouraged to exchange electronic addresses

for this purpose. Finally, associated filing fees will be suspended throughout the duration

of this rule. but may be collected at a later stage in the proceedings or following case clo·

sure. Any conflicting or Inconsistent passages appearing elsewhere In these rules

shall not supenede this emergency provision.

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

Court hereby temporarily adopts the attached the above rules effective this 18th day of

March 2020, from within the sovereign land of the Ha.Chunk Nation.

BY THE COURT,

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Hon. Todd R. Matha, WanaJip

Chief Justice

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Hon. Tricia A. Zunker, Himik pjj

Associate Justice

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.