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ULLETIN
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2004
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2004
VOL
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10,
NO
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Inside this Issue
1
Exploring Tribal and
State Court Jurisdiction
in Wisconsin
5
Recent Federal Appeals
Court Decisions
6
Recent HCN Court
Decisions
17
Recent HCN Court
Filings
19
HCN Court System
Judiciary and Staff
Ho-Chunk Nation Court
System Fee Schedule
Legal Citation Forms
Ho-Chunk Nation Judiciary
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P.O. Box 70
Black River Falls, WI 54615
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http://www.ho-chunknation.com/
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OSTS
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UDICIAL
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ONFERENCE
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ENTH
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n January 29, 2004, Wa Ehi Hoci hosted a meeting for
state and tribal court judges, as well as members of the Ho-Chunk
Nation bar, to discuss jurisdictional issues arising in Wisconsin.
The Wisconsin Tribal Judges’ Association, in conjunction with the
Wisconsin Supreme Court and the Office of Judicial Education
presented Exploring Tribal and State Court Jurisdiction in
Wisconsin under Pubic Law 280. This one- day training provided
an overview of many of the jurisdictional issues, which arise for
state and tribal court judges as a result of Public Law 280.
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TOCKBRIDGE
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UDGE
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o-Chunk Nation Traditional Court Judge
Donald Blackhawk opened the day’s events with
opening remarks, followed by a prayer by the
Traditional Court’s Chief Clayton Winneshiek.
After an introduction by David Raasch, Chief Judge
of the Stockbridge-Munsee Tribal Court, a panel
offered a historical overview of Public Law 280.
Professor Carol Tebben, Univ. of Wis., Parkside,
reviewed the line of cases known as the “Marshall
trilogy” in order that all present would have a basic
understanding of the foundations for tribal
sovereignty. James Botsford, Director of the
Indian Law Office of Wisconsin Judicare, explained
the eras of federal Indian policy, focusing on the
termination era and the advent of Public Law 280.
When Public Law 83-280, passed in 1953, Congress
intended to remove the federal government from
Indian affairs. For the most part, states resented the
legislation as an unfounded mandate.
HCN
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UDGE
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ONALD
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USTICE
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ARK
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UTTERFIELD
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ROFESSOR
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AROL
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EBBEN AND
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AMES
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OTSFORD
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ssociate Judge of the Stockbrige-Munsee
Tribal Court Kim Vele offered a discussion on how
Public Law 280 has been applied nationally. This
discussion offered citation to many cases of national
consequence. Judge Vele also explained that the
Stockbridge-Munsee Tribal Court deals with
jurisdictional issues informally and requires
mandatory disclosure of any other pending litigation
upon the filing of a petition.
A
TTORNEY
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AUL
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TENZEL
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aul Stenzel, attorney with von Briesen &
Roper, s.c., provided a discussion of the
development of Public Law 280 in Wisconsin.
Attorney Stenzel traced the development of case
law, focusing primarily on the difficulty that courts
have had distinguishing between laws that are
criminal prohibitory and those that are civil
regulatory. Furthermore, he explained that
questions such as whether a tribe has a history of
self-government in the area become overly
simplistic. Many tribes have routinely exercised
jurisdiction through traditional means without
putting ordinances on paper. Jim Zorn, a division
head at the Great Lakes Indian Fish and Wildlife
Commission, tackled the jurisdictional maze that
the eleven member-tribes often confront.
A
TTORNEY
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IM
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ORN
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rnie St. Germaine, Lac du Flambeau
Tribal Court Judge, and James Botsford provided a
discussion on criminal jurisdiction under Public
Law 280. Paul Stenzel and Jim Zorn then offered
an overview of different intergovernmental
agreements that might be useful in pre-empting
difficult jurisdictional conflicts. Both presenters
spoke specifically of the potential for further cross-
deputization agreements.
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TOCKBRIDGE
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UDGE
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IM
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iscussion of last summer’s Teague
decision by the Wisconsin Supreme Court
dominated the training. A panel composed of Ed
Brunner, Tenth District Chief Judge; Kevin
Ostebauer, attorney for the Bad River Band of Lake
Superior Chippewa; and Michael Murphy, attorney
for the Ho-Chunk Nation, led such discussion.
Brunner and Osterbauer gained recognition as part
of the state court-tribal court agreement prompted
by the Teague litigation.
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hief Judge Brunner stressed the
importance of state court judges learning to
embrace tribal courts as partners. In order to
facilitate such cooperation, Brunner suggested that
state court judges be required to learn about tribal
courts while attending judicial college. In addition,
he suggested that state and tribal court judges hold
regular meeting and that state court judges be
allowed judicial credit for tribal court visitation,
similar to the credit earned for visiting prisons.
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ttorney Murphy pointed to interesting
language in Teague: “In the context of state-tribal
relations, principles of comity must be applied with
an understanding that the federal government is, and
the state courts should be, fostering tribal self-
government and tribal self-determination.” Murphy
drew attention to the current state of federal law,
which requires that courts abstain until tribal
exhaustion of the matter. Furthermore, Murphy
explained that Jackson County has less need for
protocols in that Judge Laabs has understanding of
the Ho-Chunk Nation Judiciary because he
previously practiced before the courts.
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J
AMES
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OTSFORD AND
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UDGE
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ERMAINE
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verall, participants found the discussions
relevant to many of the jurisdictional issues faced
by state and tribal court judges. The Wisconsin
Tribal Judges’ Association hopes to continue to
promote greater understanding through such
training. As a result, this training will be repeated.
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Federal Court Update
Second Circuit Court of Appeals
Chayoon v. Chao, No. 03-6143, 2004 WL 67919
(2nd Cir. Apr. 10, 1991) (per curiam).
The plaintiff filed a Federal Medical Leave Act
claim against Mashantucket Pequot Tribal Council
members and officers and employees of the
Mashantucket Pequot Gaming Enterprise, which
operates Foxwoods Resort Casino. The district
court dismissed the claim. On appeal, the Second
Circuit Court of Appeals affirmed the district
court’s dismissal for lack of subject matter
jurisdiction, holding the defendants maintain
immunity from suit.
The Court affirmed the principle that Indian
tribes enjoy sovereign immunity, absent a tribal
waiver of the immunity or Congressional abrogation
of the tribe’s immunity. The Court held that neither
waiver nor abrogation occurred in this case. The
Federal Medical Leave Act itself makes no
reference to abrogation or waiver of sovereign
immunity. The Court noted that the act of naming
tribal officers or employees did not suffice in
alleging that they acted outside the scope of their
official duties. Furthermore, the plaintiff did not
request any injunctive or declaratory relief, and
therefore, no exception to sovereign immunity
would be applicable.
The Second Circuit expressed that while it
was sympathetic to the plaintiff, the courts do not
maintain the authority to “remedy the matter.” The
Court noted that this power rests with Congress.
The Court went on to express its concern that “tribal
sovereignty has the potential to deny many
Americans employment benefits and rights that
Congress has seen fit to extend to the private
sector.”
Fifth Circuit Court of Appeals
Thompson v. Scott, No. 03-40408, 2004 WL 57718
(5th Cir. Jan. 9, 2004) (per curiam).
The plaintiff made claims under the First
Amendment and the Religious Land Use and
Institutionalized Persons Act of 2000. These claims
sought injunctive relief against officials and
employees of the Texas Department of Criminal
Justice (TDCJ). The district court granted summary
judgment in favor of the defendants.
The plaintiff challenged the TDJC’s
requirement that inmates pass a written test on
Native American practices to participate in Native
American services. The Court found the plaintiff
alleged no injury from the testing policy and thus,
had no standing to raise the claim. In addition, the
plaintiff argued that the confiscation of his medicine
bag and dream catcher violated his rights. The
Court held that because the plaintiff only showed
negligence concerning these claims, summary
judgment proved proper, as negligence is
insufficient to support a section 1983 claim. With
respect to the plaintiff’s claim that prison officials
violated his civil rights when cutting his hair, the
Court remanded the case to the district court for
further findings of fact.
Eighth Circuit Court of Appeals
Delorme v. United States, No. 02-3460, 2004 WL
(8th Cir. Jan. 13, 2004).
In the 1940s, lineal descendants of signatories to the
1863 treaty between the United States and the Red
Lake and Pembina Bands of Chippewa Indians filed
claim against the United States before the Indian
Claims Commission. The Commission awarded
$2,760,245.64 to the descendants of the Red Lake
and Pembina Bands. In 1971, Congress passed
Public Law 92-59 to distribute the funds.
In addition, the descendants of the Pembina
Bands, including the Little Shell Bands, sought
compensation for the extinguishment of aboriginal
title for a tract in excess of eight million acres
located in North Dakota. The Commission awarded
$52,527,337.97 to the plaintiff Indian bands.
The hereditary Chief of the Little Shell Band
of Indians of North Dakota sought an accounting of
funds to be distributed pursuant to two federal
appropriations statutes dealing with Chippewa land
claims. Because the United States did not waive its
sovereign immunity, the district court dismissed the
action. The Eight Circuit Court appeals affirmed
the dismissal due to lack of standing.
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Recent Decisions
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Decisions are separated between Trial Court and
Supreme Court decisions and categorized by
subject matter and date (from oldest to most
recent). The following are summaries prepared by
the Staff Attorney for the reader’s benefit. They
should in no way be used as substitution for
citations to the actual court opinion.
Within the Trial Court, cases are categorized and
docketed as one of the following: Child Support (CS
or if filed prior to 1998, CV), Civil Garnishment
(CG), Civil (CV), Criminal (CR), Custody (CU),
Domestic Violence (DV), or Juvenile (JV). Within
this index, case citations will appear in one of these
categories and, in the event it may be helpful to the
reader as a research tool, the cases may also be
summarized in a separate topic area. Due to the
great incidence of civil cases before the Court, the
category for civil cases is divided into broad sub-
categories. In some instances a decision may
touch upon other topics that may not warrant a
summary in this index, but the editor will use the
indicator “other topic(s) covered,” as a research aid
for the reader.
Recent Decisions and Recent Filings both begin
with the date where the previous Court Bulletin left
off.
Trial Court
Child Support
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ANUARY
2,
2004
State of WI v. Arnold J. Crone, CV 97-35 Notice
(Child Turning 18 – Requiring Proof of Enrollment)
(HCN Tr. Ct., Jan. 2, 2004). (Bossman, W).
The Court noted that a minor child would be turning
eighteen years of age. In accordance with
Wisconsin state law, the respondent’s obligation for
current child support ends when the child turns
eighteen. The Court ordered the parties to file proof
of high school enrollment.
Veronica Wilbur v. Bernard L. Crow, CV 96-54
Notice (Child Turning 18 – Requiring Proof of
Enrollment) (HCN Tr. Ct., Jan. 2, 2004).
(Bossman, W).
The Court noted that a minor child had turned
eighteen years of age. In accordance with
Wisconsin state law, the respondent’s obligation for
current child support ends when the child turns
eighteen. The Court ordered the parties to file proof
of high school enrollment.
Rosemarie C. Funmaker v. Dennis Funmaker, CV
97-63 Notice (Child Turning 18 – Requiring Proof
of Enrollment) (HCN Tr. Ct., Jan. 2, 2004).
(Bossman, W).
The Court noted that a minor child would be turning
eighteen years of age. In accordance with
Wisconsin state law, the respondent’s obligation for
current child support ends when the child turns
eighteen. The Court ordered the parties to file proof
of high school enrollment.
Joyce Funmaker v. Max Funmaker, Sr., CV 97-122
Notice (Child Turning 18 – Requiring Proof of
Enrollment) (HCN Tr. Ct., Jan. 2, 2004).
(Bossman, W).
The Court noted that a minor child had turned
eighteen years of age. In accordance with
Wisconsin state law, the respondent’s obligation for
current child support ends when the child turns
eighteen. The Court ordered the parties to file proof
of high school enrollment.
Christopher A. Marceau v. Leanne J. Smith, CS 00-
09 Notice (Child Turning 18 – Requiring Proof of
Enrollment) (HCN Tr. Ct., Jan. 2, 2004).
(Bossman, W).
The Court noted that a minor child had turned
eighteen years of age. In accordance with
Wisconsin state law, the respondent’s obligation for
current child support ends when the child turns
eighteen. The Court ordered the parties to file proof
of high school enrollment.
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Laurie Metoxen v. Glenn A. Funmaker, CS 03-79
Default Judgment (Enforcing Child Support) (HCN
Tr. Ct., Jan. 7, 2004). (Bossman, W).
The Court had to determine whether to grant full
faith and credit to a foreign judgment against a
respondent’s per capita payments. The respondent
failed to answer within the specified time frame.
The Court granted the petitioner’s request for
recognition and enforcement.
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ANUARY
8,
2004
State of WI/Jackson Co. v. Tyrone L. Decorah, CS
03-67 Default Judgment (Enforcing Child Support)
(HCN Tr. Ct., Jan. 8, 2004). (Matha, T).
The Court had to determine whether to grant full
faith and credit to a foreign judgment against a
respondent’s per capita payments. The respondent
failed to answer within the specified time frame.
The Court granted the petitioner’s request for
recognition and enforcement.
Margery L. Overman v. James Neblett, CS 03-80
Order (Default Judgment for Child Support
Deduction from Wages) (HCN Tr. Ct., Jan. 8,
2004). (Matha, T).
The Court had to determine whether to grant full
faith and credit to a foreign judgment against a
respondent’s wages. The respondent failed to
answer within the specified time frame. The Court
granted the petitioner’s request for recognition and
enforcement.
State of WI/Juneau Co. and Annette Powless v.
Eldon D. Powless, CS 03-65 Order (HCN Tr. Ct.,
Jan. 8, 2004). (Matha, T).
The Court had to determine whether to grant full
faith and credit to a foreign judgment against a
respondent’s wages. The respondent objected to
enforcement of the foreign order while he
challenges paternity. The Court has determined not
to enforce the foreign child support order at this
time.
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ANUARY
9,
2004
State of WI, Sauk Co. & Bradley A. Fiske v. Leah L.
Fiske, CS 03-68 Default Judgment (Enforcing Child
Support) (HCN Tr. Ct., Jan. 9, 2004). (Bossman,
W).
The Court had to determine whether to grant full
faith and credit to a foreign judgment against a
respondent’s per capita payments. The respondent
failed to answer within the specified time frame.
The Court granted the petitioner’s request for
recognition and enforcement.
Laurie Metoxen v. Glenn A. Funmaker, CS 03-79
Erratum Order (HCN Tr. Ct., Jan. 9, 2004).
(Bossman, W).
The Court previously entered a default judgment in
the above-captioned case, recognizing and
enforcing a foreign child support order. The Court
issued an erratum order to correct a clerical mistake
made in the previous order.
J
ANUARY
13,
2004
State of WI, on behalf of Nellie McKee v. Bryan D.
Powless, CS 98-28; State of WI, on behalf of
Victoria Blackcoon v. Bryan D. Powless, CS 98-39
Order (Modifying and Enforcing Child Support)
(HCN Tr. Ct., Jan. 13, 2004). (Bossman, W).
The Court had to determine whether to grant the
petitioner’s motion to modify. The petitioner
requested an increase in current child support and
arrears withholding. The Court granted the
petitioner’s uncontested motion.
State of WI & Johnny W. Whitecloud, a/k/a Johnny
Whitecloud v. Patricia A. Whitecloud, a/k/a Patricia
A. Hindsley, CS 00-46 (Default Judgment for Child
Support Deduction from Wages) (HCN Tr. Ct., Jan.
13, 2004). (Matha, T).
The Court had to determine whether to grant full
faith and credit to a foreign judgment against a
respondent’s wages. The respondent failed to
answer within the specified time frame. The Court
granted the petitioner’s request for recognition and
enforcement.
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State of WI, on behalf of Simone Greyhair v. Gene
Cloud, CS 98-36; State of WI, on behalf of Simone
Greyhair v. Gene Cloud, CS 98-37; State of WI, on
behalf of Rosalie Decorah v. Gene Cloud, CS 98-
38; State of WI, on behalf of Anna M. Ivkovich v.
Gene Cloud, CS 02-06 Order (Modifying and
Enforcing Child Support) (HCN Tr. Ct., Jan. 15,
2004). (Matha, T).
The Court previously issued a notice, notifying the
parties that a minor child would be turning eighteen
years of age. The Court ordered the parties to
submit proof of high school enrollment. No such
proof was filed. The Court amended child support
withholding accordingly.
State of WI v. Arnold J. Crone, CV 97-35 Order
(Modifying Current Child Support) (HCN Tr. Ct.,
Jan. 15, 2004). (Bossman, W).
The Court previously issued a notice, notifying the
parties that a minor child would be turning eighteen
years of age. The Court ordered the parties to
submit proof of high school enrollment. No such
proof was filed. The Court amended child support
withholding accordingly.
Veronica Wilbur v. Bernard L. Crowe, CV 96-54;
Sara White Eagle v. Bernard L. Crowe, CV 97-92
Order (Modifying and Enforcing Child Support)
(HCN Tr. Ct., Jan. 15, 2004). (Bossman, W).
The Court previously issued a notice, notifying the
parties that a minor child would be turning eighteen
years of age. The Court ordered the parties to
submit proof of high school enrollment. No such
proof was filed. The Court amended child support
withholding accordingly.
Rosemarie C. Funmaker v. Dennis Funmaker, CV
97-63 Order (Modifying Current Child Support)
(HCN Tr. Ct., Jan. 15, 2004). (Bossman, W).
The Court previously issued a notice, notifying the
parties that a minor child would be turning eighteen
years of age. The Court ordered the parties to
submit proof of high school enrollment. No such
proof was filed. The Court amended child support
withholding accordingly.
Joyce Funmaker v. Max Funmaker, Sr., CV 97-122
Order (Modifying Current Child Support) (HCN Tr.
Ct., Jan. 15, 2004). (Bossman, W).
The Court previously issued a notice, notifying the
parties that a minor child would be turning eighteen
years of age. The Court ordered the parties to
submit proof of high school enrollment. No such
proof was filed. The Court amended child support
withholding accordingly.
Lisa J. Rave v. Brent R. St. Cyr, CV 97-97 Order
(Updating Arrearage Withholding) (HCN Tr. Ct.,
Jan. 15, 2004). (Matha, T).
The Court previously issued an order, recognizing a
standing foreign child support order. The petitioner
filed a certified accounting statement showing a
child support arrearage. The Court ordered
arrearage withholding until satisfaction of the debt
obligation.
Janelle St. Cyr v. Brent R. St. Cyr, CV 97-136
Order (Updating Arrearage Withholding) (HCN Tr.
Ct., Jan. 15, 2004). (Matha, T).
The Court previously issued an order, recognizing a
standing foreign child support order. The petitioner
filed a certified accounting statement showing a
child support arrearage. The Court ordered
arrearage withholding until satisfaction of the debt
obligation.
Christopher A. Marceau v. Leanne J. Smith, CS 00-
09 Order (Ceasing Withholding) (HCN Tr. Ct., Jan.
15, 2004). (Bossman, W).
The Court previously issued a notice, notifying the
parties that a minor child would be turning eighteen
years of age. The Court ordered the parties to
submit proof of high school enrollment. No such
proof was filed. The Court ordered the cessation of
child support withholding.
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2004
State of WI/Jackson Co. v. Allyson L. Finch, CS 03-
62 Default Judgment (Enforcing Child Support)
(HCN Tr. Ct., Jan. 16, 2004). (Bossman, W).
The Court had to determine whether to grant full
faith and credit to a foreign judgment against a
respondent’s per capita payments. The respondent
failed to answer within the specified time frame.
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The Court granted the petitioner’s request for
recognition and enforcement.
State of WI/Jackson Co. v. Allyson L. Finch, CS 03-
62 Order (Default Judgment for Child Support
Deduction from Wages) (HCN Tr. Ct., Jan. 16,
2004). (Bossman, W).
The Court had to determine whether to grant full
faith and credit to a foreign judgment against a
respondent’s wages. The respondent failed to
answer within the specified time frame. The Court
granted the petitioner’s request for recognition and
enforcement.
Rosemarie C. Funmaker v. Dennis Funmaker, CV
97-63 Order (Modifying Current Child Support)
(HCN Tr. Ct., Jan. 16, 2004). (Bossman, W).
The Court previously modified child support due to
information that a minor child had turned eighteen
years of age. The Court subsequently verified that
the minor child did not turn eighteen years of age.
The Court ordered withholding for current child
support to resume.
Kathleen M. Peters v. Kevin B. Funmaker, CS 02-
51; Candice D. Solesby v. Kevin B. Funmaker, CS
98-07; Christina L. Funmaker v. Kevin B.
Funmaker, CS 03-82; Stephanie M. Antone v. Kevin
B. Funmaker, CS 03-83 Default Judgment
(Enforcing Child Support) (HCN Tr. Ct., Jan. 16,
2004). (Matha, T).
The Court had to determine whether to grant full
faith and credit to two additional foreign judgments
against a serial payer’s per capita payments. The
respondent failed to answer within the specified
time frame. The Court granted the petitioner’s
request for recognition and enforcement.
Taryn Power Greendeer v. William John
Greendeer, CS 03-70 Default Judgment (Enforcing
Child Support); State of WI on behalf of Shelley E.
Thundercloud v. William J. Greendeer, CS 97-67
Equitable Adjustment; State of WI on behalf of
Cynthia Loofboro v. William J. Greendeer, CV 97-
96 Order (Ceasing Withholding) (HCN Tr. Ct., Jan.
16, 2004). (Bossman, W).
The Court had to determine whether to grant full
faith and credit to a foreign judgment against a
serial payer’s per capita payments. The respondent
failed to answer within the specified time frame.
The Court granted the petitioner’s request for
recognition and enforcement.
State of WI, Jackson Co., on behalf of Sadie
Winneshiek v. Gregory S. Harrison, CS 01-39; State
of WI, Wood Co., on behalf of Evangeline Two
Crow v. Gregory S. Harrison, CV 97-153 Amending
Arrears (HCN Tr. Ct., Jan. 16, 2004). (Bossman,
W).
The Court previously issued an order, recognizing
standing foreign child support orders. The
petitioner filed a certified accounting statement
showing a child support arrearage. The Court
ordered arrearage withholding until satisfaction of
the debt obligation.
State of WI/Jackson Co. v. Janice Harrison, CS 03-
43 Order (Enforcing Arrearage Withholding) (HCN
Tr. Ct., Jan. 16, 2004). (Bossman, W).
The Court previously issued an order, recognizing a
standing foreign child support order. The petitioner
filed a certified accounting statement showing a
child support arrearage. The Court ordered
arrearage withholding until satisfaction of the debt
obligation.
Felicia Jo Helgeson v. Roger B. Littlegeorge, CS
99-54; Melanie Stacy v. Roger Littlegeorge, CS 99-
57 Order (Updating Arrearage Withholding) (HCN
Tr. Ct., Jan. 16, 2004). (Bossman, W).
The Court previously issued an order, recognizing a
standing foreign child support order. The petitioner
filed a certified accounting statement showing a
child support arrearage. The Court ordered
arrearage withholding until satisfaction of the debt
obligation.
State of WI/Sauk Co. v. Mitchell RedCloud, CS 02-
33; Cynthia Mobley v. Mitchell RedCLoud, CS 03-
42 Order (Updating Arrearage Withholding) (HCN
Tr. Ct., Jan. 16, 2004). (Bossman, W).
The Court previously issued an order, recognizing a
standing foreign child support order. The petitioner
filed a certified accounting statement showing a
child support arrearage. The Court ordered
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arrearage withholding until satisfaction of the debt
obligation.
J
ANUARY
19,
2004
State of WI/Brown Co. and Gayla R. Barnes v.
Kevin B. Funmaker, CS 03-81 Order (Default
Judgment for Child Support Deduction from Wages)
(HCN Tr. Ct., Jan. 19, 2004). (Matha, T).
The Court had to determine whether to grant full
faith and credit to a foreign judgment against a
respondent’s wages. The respondent failed to
answer within the specified time frame. The Court
granted the petitioner’s request for recognition and
enforcement.
State of WI v.Fredrick K. Greendeer, CV 97-44;
State of WI/Sawyer Co., on behalf of Carol L. Miller
v. Fredrick K. Greendeer, CS 99-75; State of
WI/Sauk Co. and Pamela L. Mallory v. Fredrick K.
Greendeer, CS 03-05 Order (Modifying and
Enforcing Child Support) (HCN Tr. Ct., Jan. 19,
2004). (Bossman, W).
The Court had to determine whether to grant the
petitioner’s motion to modify. The petitioner
requested an increase in current child support and
expressed such increases in set dollar figures rather
than set percentages. The Court granted the
petitioner’s uncontested motion.
Heather Hartnett v. Patrick Hartnett, CS 03-85
Order (Default Judgment for Child Support
Deduction from Wages) (HCN Tr. Ct., Jan. 19,
2004). (Bossman, W).
The Court had to determine whether to grant full
faith and credit to a foreign judgment against a
respondent’s wages. The respondent failed to
answer within the specified time frame. The Court
granted the petitioner’s request for recognition and
enforcement.
J
ANUARY
23,
2004
State of WI/Sauk Co., on behalf of Matthew
Thundercloud v. Leah L. Fiske, f/k/a Leah L.
Topping, CS 99-05; State of WI/Sauk Co., &
Bradley A. Fiske v. Leah L. Fiske, CS 03-68 Order
(Default Judgment -- Enforcing Child Support)
(HCN Tr. Ct., Jan. 23, 2004). (Bossman, W).
The Court had to determine whether to grant full
faith and credit to another foreign judgment against
a respondent’s per capita payments. The respondent
failed to answer within the specified time frame.
The Court granted the petitioner’s request for
recognition and enforcement.
J
ANUARY
23,
2004
State of WI/Sauk Co. & Jessica L. Cloud v. Joshua
D. Cloud, Sr., CS 03-34 Order (Enforcing
Arrearage Withholding) (HCN Tr. Ct., Jan. 26,
2004). (Bossman, W).
The Court previously issued an order, recognizing a
standing foreign child support order. The petitioner
filed a certified accounting statement showing a
child support arrearage. The Court ordered
arrearage withholding until satisfaction of the debt
obligation.
J
ANUARY
28,
2004
Scott Shoemaker v. Peggy Shoemaker, CS 03-87
Order (Default Judgment for Child Support
Deduction from Wages) (HCN Tr. Ct., Jan. 28,
2004). (Matha, T).
The Court had to determine whether to grant full
faith and credit to a foreign judgment against a
respondent’s wages. The respondent failed to
answer within the specified time frame. The Court
granted the petitioner’s request for recognition and
enforcement.
Civil Garnishment
J
ANUARY
8,
2004
Black River Mem’l Hosp. v. David Gray, Jr., CG
03-79 Order (Default Judgment) (HCN Tr. Ct., Jan.
8, 2004). (Bossman, W).
The Court had to determine whether to grant full
faith and credit to a foreign judgment. The
respondent failed to respond within the specified
time frame. The Court granted the petitioner’s
request for recognition and enforcement.
Susan J. Taborsky v. Rosemary R. Blackhawk, CG
03-81 Order (Default Judgment) (HCN Tr. Ct., Jan.
8, 2004). (Bossman, W).
The Court had to determine whether to grant full
faith and credit to a foreign judgment. The
respondent failed to respond within the specified
time frame. The Court granted the petitioner’s
request for recognition and enforcement.
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ANUARY
19,
2004
St. Clare Hospital v. William P. Raftery, CG 03-80
Order (Final Judgment) (HCN Tr. Ct., Jan. 19,
2004). (Matha, T).
The Court had to determine whether to grant full
faith and credit to a foreign judgment. The
respondent responded within the specified time
frame. The Court granted the petitioner’s request
for recognition and enforcement.
J
ANUARY
28,
2004
Creditor Recovery Service, LLC, Agent for Midwest
Fitness Consultants, CG 03-82 Order (Default
Judgment) (HCN Tr. Ct., Jan. 28, 2004). (Matha,
T).
The Court had to determine whether to grant full
faith and credit to a foreign judgment. The
respondent failed to respond within the specified
time frame. The Court granted the petitioner’s
request for recognition and enforcement.
Civil Cases
C
HILDREN
’
S
T
RUST
F
UND
(CTF)
J
ANUARY
6,
2004
In the Interest of Minor Child: J.R., DOB 01/13/87,
by Barb Rave, CV 00-107 Order (Second Motion
Granted) (HCN Tr. Ct., Jan. 6, 2004). (Matha, T).
The Court previously approved a release from the
CTF for purposes of orthodontic care. The
petitioner subsequently filed an expedited motion
for release of CTF monies for a medical procedure,
genioplasty, related to the ongoing orthodontic care
of the minor. The Court granted a further release of
funds.
J
ANUARY
8,
2004
In the Interest of Minor Child: N.J.L., DOB
09/24/85, by Sarah Littlegeorge v. HCN Office of
Tribal Enrollment, CV 03-31 Order (Accepting
Accounting) (HCN Tr. Ct., Jan. 8, 2004). (Matha,
T).
The Court previously released money from the CTF
account of the minor child for costs associated with
home schooling. On two occasions, the Court
requested that the petitioner submit the required
accounting. The petitioner submitted a payment
history, which confirmed proper use of the funds.
The Court accepted this accounting.
J
ANUARY
15,
2004
In the Interest of Adult CTF Beneficiary: Ashley J.
Webster, DOB 09/17/85 v. HCN Office of Tribal
Enrollment, CV 03-82 Order (Petition Granted in
Pat and Denied in Part) (HCN Tr. Ct., Jan. 15,
2004). (Matha, T).
The petitioner filed a petition requesting a release
from her CTF accounts for typical household bills,
an outstanding balance on automobile and traffic
fines and to purchase children’s presents. The
petitioner had satisfied her testing requirements by
obtaining a High School Equivalency Diploma, but
cannot receive a high school diploma until after the
conclusion of the spring semester. Despite this fact,
the Court determined to not afford more preferable
treatment to the pending request.
However, the Court found that the
petitioner’s request differed from a typical adult
petition because she based the request upon the
purported needs of her minor children. The Court
found that the needs of the child represent the needs
of the adult. Therefore, the Court focused on the
health, education and welfare of the petitioner and
her minor children.
In a departure from previous decisions, the
Court granted the request for rental assistance. The
Court has repeatedly denied housing requests
because the financial plight of the parents should
not be shifted to children. However, that principle
had no application here because the petitioner
occupies the role of the parent, and the parent’s
children need housing.
The Court denied the request for automobile
payment assistance. The petitioner had already
purchased the vehicle. In addition, the Court denied
the request because the vehicle does not prove
commercially reasonable since it exceeds 75,000
miles on the odometer. However, the Court did
grant the automobile insurance request.
The Court granted childcare assistance co-
payments and the requests for electric and telephone
service. The Court found that each of these items
represent either a health or welfare necessity.
However, the Court denied the request for a release
for television cable billings and children’s presents,
finding these requests to constitute a want or a
desire. Finally, the Court denied the request to
satisfy the petitioner’s traffic fines.
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19,
2004
In the Interest of Minor Child: T.H.R., DOB
09/29/88, Barbara V. Rave v. HCN Office of Tribal
Enrollment, CV 03-87 Order (Petition Granted)
(HCN Tr. Ct., Jan. 19, 2004). (Matha, T).
The petitioner requested a release from the CTF to
pay for costs associated with orthodontic
procedures. The Court granted the release of funds
to satisfy the request of the petitioner.
J
ANUARY
21,
2004
In the Interest of Adult CTF Beneficiary: Ashley J.
Webster, DOB 09/17/85 v. HCN Office of Tribal
Enrollment, CV 03-82 Order (Modifying Release of
Per Capita Distribution) (HCN Tr. Ct., Jan. 21,
2004). (Matha, T).
The Court previously released money from the CTF
account of the petitioner to satisfy typical household
bills. The Court requested that the petitioner
provide appropriate billing addresses. The
petitioner provided those addresses to the Court.
The Court updated the relevant addresses
accordingly.
J
ANUARY
27,
2004
In the Interest of Minor Child: S.D.B., DOB
07/30/92, by Carol Barnes v. HCN Office of Tribal
Enrollment, CV 00-90 Order (Accepting
Accounting) (HCN Tr. Ct., Jan. 27, 2004).
(Bossman, W).
The Court previously released money from the CTF
account of the minor child for costs associated with
orthodontics. The Court requested that the
petitioner submit the required accounting. The
petitioner submitted a letter, which confirmed
proper use of the funds. The Court accepted this
accounting.
C
ONTRACTS
J
ANUARY
15,
2004
HCN Dep’t of Bus. v. Cara Lee Murphy, CV 03-69
Order (Satisfaction of Judgment) (HCN Tr. Ct., Jan.
15, 2004). (Matha, T).
The Court previously issued a judgment in favor of
the plaintiff. The plaintiff filed proof that the
judgment had been paid in full. The Court
recognized satisfaction of the judgment.
HCN Dep’t of Health & Soc. Services, Div. Of
Children & Family Services v. Victor Perez &
Nichole Perez, CV 03-59 Order (Satisfaction of
Judgment) (HCN Tr. Ct., Jan. 15, 2004). (Matha,
T).
The Court previously issued a judgment in favor of
the plaintiff. The plaintiff filed proof that the
judgment had been paid in full. The Court
recognized satisfaction of the judgment.
J
ANUARY
21,
2004
Betty J. White v. Dion W. Funmaker, CV 03-89
Order (Default Judgment) (HCN Tr. Ct., Jan. 21,
2004). (Matha, T).
The petitioner requested the Court enter a judgment
against the defendant for an unpaid debt obligation
and enforce the judgment against the defendant’s
per capita. The respondent failed to respond within
the specified time frame. The Court granted the
petitioner’s request for a judgment. However, the
Court lacks statutory authority to enforce such
judgment against the respondent’s per capita.
J
ANUARY
26,
2004
Don Brady v. Maria Blackhawk, CV 02-84 Order
(Satisfaction of Judgment) (HCN Tr. Ct., Jan. 26,
2004). (Bossman, W).
The Court previously issued a judgment in favor of
the plaintiff. A party filed proof that the judgment
had been paid in full. The Court recognized
satisfaction of the judgment.
E
LECTION
J
ANUARY
19,
2004
Clarence Pettibone v. HCN Gen. Council, Alvin
Cloud, Acting Chair of the Gen. Council; Roberta
Funmaker (aka Roberta Greendeer), Sec’y of the
General Council; Gloria Visintin; Wade Blackdeer,
Dallas Whitewing, Myrna Thompson, Christine
Romano, Gerald Cleveland, Sharon Whiterabbit,
Kathyleen Lonetree Whiterabbit, John Dall, Tracy
Thundercloud, and Elliot Garvin, Legislators in the
HCN Legislature; and Maryann Dumas, Chair of
the Election Bd., CV 03-77 Order (Granting
Telephonic Appearance) (HCN Tr. Ct., Jan. 19,
2004). (Bossman, W).
The petitioner requested permission to appear at a
scheduling conference by telephone. The Court
granted the uncontested motion.
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ANUARY
22,
2004
Clarence Pettibone v. HCN Gen. Council, Alvin
Cloud, Acting Chair of the Gen. Council; Roberta
Funmaker (aka Roberta Greendeer), Sec’y of the
General Council; Gloria Visintin; Wade Blackdeer,
Dallas Whitewing, Myrna Thompson, Christine
Romano, Gerald Cleveland, Sharon Whiterabbit,
Kathyleen Lonetree Whiterabbit, John Dall, Tracy
Thundercloud, and Elliot Garvin, Legislators in the
HCN Legislature; and Maryann Dumas, Chair of
the Election Bd., CV 03-77 Order (Granting
Telephonic Appearance) (HCN Tr. Ct., Jan. 22,
2004). (Bossman, W).
The petitioner requested permission to appear at a
scheduling conference by telephone. The Court
granted the uncontested motion.
E
MPLOYMENT
J
ANUARY
9,
2004
Joshua Francis Smith, Sr. v. Rainbow Casino,
HCN, Adam Estes, Jonette Pettibone, and Ida
Carrier, CV 03-56 Order (Granting Motion for
Summary Judgment) (HCN Tr. Ct., Jan. 9, 2004).
(Bossman, W).
The defendants filed a motion for summary
judgment in the instant case. The Court found no
genuine issues of material fact in dispute. The
Court held that the defendants were entitled to a
judgment as a matter of law.
J
ANUARY
13,
2004
Harry J. Cholka v. Ho-Chunk Casino, CV 02-116
Order (Satisfaction of Judgment) (HCN Tr. Ct., Jan.
13, 2004). (Bossman, W).
The Court previously issued an order in favor of the
plaintiff. The defendant filed proof that the
judgment had been paid in full. The Court
recognized that this debt has been paid in full.
J
ANUARY
14,
2004
Jill C. Adair v. Daniel Brown, CV 03-80 Scheduling
Order (HCN Tr. Ct., Jan. 14, 2004). (Bossman, W).
The Court issued this Scheduling Order to establish
dates and deadlines for the instant case up to and
including trial.
J
ANUARY
15,
2004
Barbara Dent v. HCN, CV 03-70 Order (Dismissal)
(HCN Tr. Ct., Jan. 15, 2004). (Bossman, W).
The defendant filed a settlement agreement and
voluntary dismissal. The Court dismissed the
instant case.
J
ANUARY
19,
2004
Richard Walker v. Jonette Pettibone, CV 01-122
Order (Satisfaction of Judgment) (HCN Tr. Ct., Jan.
19, 2004). (Matha, T).
The Court previously issued an order in favor of the
defendant. The defendant filed a proof that the
judgment had been paid in full. The Court
recognized that this debt has been paid in full.
J
ANUARY
22,
2004
Laura L. Snake v. Douglas Greengrass, CV 03-61
Order (Dismissal with Prejudice) (HCN Tr. Ct.,
Jan. 22, 2004). (Matha, T).
The Court had to determine whether to dismiss the
instant case. The plaintiff failed to appear for a pre-
trial conference. The Court dismissed the case with
prejudice.
Kenneth Lee Twin v. Douglas Greengrass & HCN
dept. of Personnel, CV 03-88 Order (Granting
Telephonic Appearance) (HCN Tr. Ct., Jan. 22,
2004). (Matha, T).
The petitioner requested permission to appear at a
scheduling conference by telephone. The Court
granted the uncontested motion.
J
ANUARY
23,
2004
Janet Funmaker v. HCN, HCN Personnel Dep’t,
HCN Bus. Dep’t, Ho-Chunk Gift Shop, CV 02-111
Order (Dismissal) (HCN Tr. Ct., Jan. 23, 2004).
(Bossman, W).
The defendant filed a stipulation and proposed order
for settlement. The Court dismissed the instant
case.
J
ANUARY
28,
2004
Hope B. Smith v. HCN, CV 02-42 Order
(Satisfaction of Judgment) (HCN Tr. Ct., Jan. 28,
2004). (Matha, T).
The Court previously issued an order in favor of the
plaintiff. The defendant filed proof that the
judgment had been paid in full. The Court
recognized that this debt has been paid in full.
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Melody Whiteagle-Fintak v. Russell Girard, Judy
Whitehorse, Dep’t of Social Services, Youth
Services Div., CV 01-153 Order (Satisfaction of
Judgment) (HCN Tr. Ct., Jan. 28, 2004). (Matha,
T).
The Court previously issued an order in favor of the
plaintiff. The defendant filed proof that the
judgment had been paid in full. The Court
recognized that this debt has been paid in full.
H
OUSING
J
ANUARY
13,
2004
HCN Dep’t of Hous., Prop. Mgmt. Div. v. Summer
Martin and Dustin Jackson, CV 03-23 Order
(Default Judgment) (HCN Tr. Ct., Jan. 13, 2004).
(Matha, T).
The Court had to determine whether to grant the
relief requested by the plaintiff. The defendants
failed to appear at the Pre-Trial Conference. The
Court rendered a default judgment against the
defendant, awarding the plaintiff permissible relief
sought in the Complaint.
In addition, the Court dismissed the
defendants’ counterclaim. The Court maintains
discretion to grant involuntary dismissals with or
without prejudice. The consistent inaction of the
plaintiff led the Court to dismiss the counterclaim
with prejudice.
J
ANUARY
14,
2004
Ho-Chunk Housing Authority v. Harriet M.
Hopinkah, a/k/a Harriet M. Whitegull, CV 02-108
Order (Satisfaction of Judgment) (HCN Tr. Ct., Jan.
14, 2004). (Bossman, W).
The Court previously issued a judgment in favor of
the plaintiff. The plaintiff filed proof that the
judgment had been paid in full. The Court
recognized satisfaction of the judgment.
J
ANUARY
19,
2004
HCN Home Ownership Program v. Arnold Darnell,
CV 01-114 Notice (Satisfaction of Judgment and
Intent to Close) (HCN Tr. Ct., Jan. 19, 2004).
(Bossman, W).
The Court previously issued a judgment in favor of
the plaintiff. The plaintiff filed proof that the
judgment had been paid in full. The Court
recognized satisfaction of the judgment.
J
ANUARY
26,
2004
Ronald Kent Kirkwood v. HCN Housing Dep’t &
HCN Legislature, CV 03-62 Order (Granting
Defendants’ Motion to Dismiss) (HCN Tr. Ct., Jan.
26, 2004). (Matha, T).
The Court had to determine whether to grant the
defendants’ motion to dismiss. The plaintiff failed
to identify an express waiver of the Ho-Chunk
Nation’s sovereign immunity from suit. Therefore,
the Court granted a dismissal in favor of the
defendants on this issue.
[See also Sovereign Immunity within this
index.]
Domestic Violence
J
ANUARY
21,
2004
Robert Mobley, on behalf of J.M., 07/15/94; A.M.,
DOB 10/09/95; and D.M., DOB 04/08/98 v. Joyce
St. Cyr & Carole St. Cyr, DV 04-01 Extension of
Order for Protection (HCN Tr. Ct., Jan. 21, 2004).
(Bossman, W).
The Court previously issued an Ex Parte Order for
Protection in this matter. The Court convened a
hearing. The respondents requested a continuance.
The Court granted the continuance and extended the
previously issued Ex Parte Order for Protection.
Juvenile
J
ANUARY
8,
2004
In the Interest of Minor Children: L.M., DOB
01/08/92; K.M., DOB 04/09/93; M.S.B., DOB
09/14/99, JV 98-14-15, JV 03-12 Order
(Submission of Guardianship Report and Home
Study) (HCN Tr. Ct., Jan. 8, 2004). (Bossman, W).
The petitioner filed a guardianship petition. The
Court scheduled a hearing on the matter. The Court
requested that CFS prepare and submit a
guardianship report and home study to the Court.
In the Interest of Minor Children: L.M., DOB
01/08/92; K.M., DOB 04/09/93; M.S.B., DOB
09/14/99, JV 98-14-15, JV 03-12 Order
(Submission of Guardianship Report and Home
Study) (HCN Tr. Ct., Jan. 8, 2004). (Bossman, W)
The Court requested that CFS prepare and submit a
list of the minor children’s maternal and paternal
grandparents and their descendants.
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8,
2004
In the Interest of Minor Child: J.D.S., DOB
09/08/03, JV 03-30 Order (Establishment of Child
Support) (HCN Tr. Ct., Jan. 13, 2004). (Matha, T).
The Court had to determine the proper withholding
of current child support and arrears from the
mother’s income, including per capita distribution.
The Court applied generally acceptable withholding
guidelines in the absence of parental participation.
In the Interest of Minor Child: J.D.S., DOB
09/08/03, JV 03-30 Redacted Child Support Order
(HCN Tr. Ct., Jan. 13, 2004). (Matha, T).
The Court had to determine the proper withholding
of current child support and arrears from the
mother’s income, including per capita distribution.
The Court provided excerpts of its final order for
purposes of child support withholding and related
administration by the Department of Treasury.
The Court had to determine the proper withholding
of current child support and arrears from the
mother’s income, including per capita distribution.
The Court applied generally acceptable withholding
guidelines in the absence of parental participation.
J
ANUARY
15,
2004
In the Interest of Minor Children: J.R.P., DOB
02/27/92; L.M.P., DOB 05/12/90; L.K.K., DOB
02/12/87, JV 03-01-03 Order (Establishment of
Child Support) (HCN Tr. Ct., Jan. 15, 2004).
(Matha, T).
The Court had to determine the proper withholding
of current child support and arrears from the
mother’s income, including per capita distribution.
The Court applied generally acceptable withholding
guidelines in the absence of parental participation.
In the Interest of Minor Child: B.A.S., DOB
01/21/86, JV 99-19 Order (Termination of
Jurisdiction) (HCN Tr. Ct., Jan. 15, 2004). (Matha,
T).
The Court noted that the minor child would be
turning eighteen years of age. The Court terminated
its jurisdiction over and supervision of the instant
case.
J
ANUARY
16,
2004
In the Interest of Minor Children: V.J.F., DOB
09/26/98; I.D.F., DOB 03/30/02, JV 03-39-40
Order (Formal Trial) (HCN Tr. Ct., Jan. 16, 2004).
(Matha, T).
The Court convened a trial to determine whether
allegations presented in the Child/Family Protection
Petition proved more true than not, and whether the
best interests of the minor children would be served
by continued court intervention. The Court held
that CFS satisfied the requisite burden of proof.
In the Interest of Minor Children: V.J.F., DOB
09/26/98; I.D.F., DOB 03/30/02, JV 03-39-40
Redacted Child Support Order (HCN Tr. Ct., Jan.
16, 2004). (Matha, T).
The Court had to determine the proper withholding
of current child support and arrears from the
mother’s income, including per capita distribution.
The Court provided excerpts of its final order for
purposes of child support withholding and related
administration by the Department of Treasury.
In the Interest of Minor Child: P.D.R., DOB
08/24/90, JV 03-24 Order (Establishment of Child
Support) (HCN Tr. Ct., Jan. 16, 2004). (Matha, T).
In the Interest of Minor Child: P.D.R., DOB
08/24/90, JV 03-24 Redacted Child Support Order
(HCN Tr. Ct., Jan. 16, 2004). (Matha, T).
The Court had to determine the proper withholding
of current child support and arrears from the
mother’s income, including per capita distribution.
The Court provided excerpts of its final order for
purposes of child support withholding and related
administration by the Department of Treasury.
J
ANUARY
19,
2004
In the Interest of Minor Child: E.J.B., DOB
05/19/99, JV 99-10 Order (Appointment of Second
Temporary Guardian) (HCN Tr. Ct., Jan. 19, 2004).
(Matha, T).
The Court previously appointed a temporary
guardian of the minor child. CFS filed a motion
requesting a co-permanent guardian. The Court
convened a hearing on the motion. The Court
appointed the second permanent guardian.
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In the Interest of Minor Children: V.J.F., DOB
09/26/98; I.D.F., DOB 03/30/02, JV 03-39-40
Erratum Order (HCN Tr. Ct., Jan. 19, 2004).
(Matha, T).
The Court entered this order to correct an
inadvertent error in the previous order.
In the Interest of Minor Children: J.R.P., DOB
02/27/93; L.M.P., DOB 05/12/90; L.K.K., DOB
12/12/87, JV 03-01-03 Order (Child Protection
Review Hearing) (HCN Tr. Ct., Jan. 19, 2004).
(Matha, T).
The Court conducted a review hearing. The Court
assessed the extent of compliance with the
dispositional order. The Court determined to
maintain the status quo.
J
ANUARY
20,
2004
In the Interest of Minor Children: D.L.H., DOB
08/15/97; A.M.H., DOB 12/25/95; D.M.H., DOB
02/16/92; D.L.H., DOB 03/25/89, JV 03-20-23
Order (Child Protection Review Hearing) (HCN Tr.
Ct., Jan. 20, 2004). (Matha, T).
The Court conducted a review hearing. The Court
assessed the extent of compliance with the
dispositional order. The Court determined to
maintain the status quo.
J
ANUARY
23,
2004
In the Interest of Minor Children: E.D.D., DOB
04/09/96; H.L.D., DOB 05/02/91; M.E.D., DOB
10/11/93, JV 02-13, -15-16 Order (Appointment of
Temporary Guardian) (HCN Tr. Ct., Jan. 23, 2004).
(Bossman, W).
The Court had to determine whether to appoint a
temporary guardian of the minor children. The
Court held a guardianship hearing. The Court
deemed such an appointment in the best interest of
the minor children.
In the Interest of Minor Child: D.D.W., DOB
12/16/94, JV 01-17 Order (Appointment of
Temporary Guardian) (HCN Tr. Ct., Jan. 23, 2004).
(Bossman, W).
The Court had to determine whether to appoint a
temporary guardian of the minor child. The Court
held a guardianship hearing. The Court deemed
such an appointment in the best interest of the
minor child.
In the Interest of Minor Children: D.R.W., DOB
09/22/92; D.G.W., DOB 11/09/95; D.S.W., DOB
02/19/98, JV 01-18-20 Order (Appointment of
Temporary Guardian) (HCN Tr. Ct., Jan. 23, 2004).
(Bossman, W).
The Court had to determine whether to appoint a
temporary guardian of the minor children. The
Court held a guardianship hearing. The Court
deemed such an appointment in the best interest of
the minor children.
In the Interest of Minor Child: D.P.S., DOB
12/12/88, JV 02-14 Order (Appointment of
Temporary Guardian) (HCN Tr. Ct., Jan. 23, 2004).
(Bossman, W).
The Court had to determine whether to appoint a
temporary guardian of the minor child. The Court
held a guardianship hearing. The Court deemed
such an appointment in the best interest of the
minor child.
J
ANUARY
26,
2004
In the Interest of Minor Child: M.I.S., DOB
04/18/00, CV 03-18 Order (Granting Telephonic
Appearance) (HCN Tr. Ct., Jan. 26, 2004).
(Bossman, W).
The petitioner requested permission to appear at a
scheduling conference by telephone. The Court
granted the uncontested motion.
J
ANUARY
27,
2004
In the Interest of Minor Children: C.C.P., DOB
02/03/93; G.L.P., DOB 06/10/94, JV 03-25-26
Order (From Status Hearing) (HCN Tr. Ct., Jan.
27, 2004). (Bossman, W).
The Court conducted a status hearing. The Court
assessed whether to make changes to the
dispositional order. The Court determined to
maintain the status quo.
J
ANUARY
28,
2004
In the Interest of Minor Child: M.I.S., DOB
01/28/04, JV 03-18 Order (Child Protection Review
Hearing) (HCN Tr. Ct., Jan. 28, 2004). (Bossman,
W).
The Court conducted a review hearing. The Court
assessed the extent of compliance with the
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dispositional order. The Court determined to
maintain the status quo.
Sovereign Immunity
Ronald Kent Kirkwood v. HCN Housing Dep’t &
HCN Legislature, CV 03-62 Order (Granting
Defendants’ Motion to Dismiss) (HCN Tr. Ct., Jan.
26, 2004). (Matha, T).
The Ho-Chunk Nation Constitution instructs that
the Legislature must provide an express waiver
before the Court may entertain a cause of action
against the Nation. While the plaintiff argued the
interconnectedness of a waiver of sovereign
immunity and plaintiff’s claim that his right to equal
protection has been violated, the Court held that the
two issues remain distinct. While the Nation is
insulated from an award of monetary damages, the
Court may grant non-monetary declaratory and
injunctive relief against the Nation’s officials and
employees.
The plaintiff asserted that the
Appropriations and Budget Process Act contains an
express waiver in relation to his immediate cause of
action. The plaintiff alleged that the defendants
violated the Home Ownership Program carryover
amendment by misappropriating funds. The
relevant amendment provides that money budgeted
for the HOP expense commitments should be
carried over into the next fiscal year. Expense
commitments are defined as approved contracts for
new construction for Elders. The plaintiff admitted
that the HOP had not approved his file.
The plaintiff argued that the Legislature
approved his new home construction when it
performed the HOP modification and that it
intended the funding allocation to service all Elders
with applications on file. However, a resolution
passed on the same day limited the plaintiff’s access
to HOP funds for a period of five years. The Court
held that the plaintiff cannot demonstrate the
presence of an applicable express waiver of
sovereign immunity by revealing the ambiguity
inherent in the legislative actions. In addition, the
Court noted that the Appropriations and Budget
Process Act requires the DOJ to prosecute any
violations of the Act. The plaintiff could not avail
himself of the waiver.
Recent Filings
Trial Court
Civil Garnishment
J
ANUARY
12,
2004
State Collection Serv. v. Sarah Martin a/k/a Sarah
Acevedo, CG 04-01. (Matha, T).
J
ANUARY
19,
2004
First Select, Inc. v. Daniel Fitzgerald, CG 04-02.
(Bossman, W).
J
ANUARY
20,
2004
Byron Teune Builders, Inc. v. Allyson L. Finch a/k/a
Allyson L. Decora, CG 04-03. (Bossman, W).
Black River Falls Mem’l Hosp., CG 04-04.
(Bossman, W).
Richard Pike v. Benjamin Russell, CG 04-05.
(Bossman, W).
Child Support
J
ANUARY
15,
2004
Joseph P. Estebo v. Diane J. Hopinka, CS 04-01.
(Bossman, W).
J
ANUARY
16,
2004
Mary L. Ruddat v. Cleland E. Goodbear, CS 04-02.
(Bossman, W).
J
ANUARY
20,
2004
State of WI/Melanie Neadeau v. Jason Henry Rave,
CS 04-03. (Bossman, W).
Debra F. Lozano v. Renea A. Perez, CS 04-04.
(Bossman, W).
J
ANUARY
29,
2004
Maria Blackhawk v. William Carl Scarce, CS 04-
05. (Matha, T).
D’Lynn Browne v. Troy Browne, CS 04-06.
(Matha, T).
Anne Rosin v. George I. Stone, CS 04-07. (Matha,
T).
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Jennifer Kaebisch v. Michael Sheahan, CS 04-08.
(Matha, T).
Civil Cases
J
ANUARY
2,
2004
Daniel Brown v. Sandra Plawman, CV 04-01.
(Matha, T).
J
ANUARY
7,
2004
HCN Dep’t of Health & Human Services v. Carol
Rockman, CV 04-02. (Bossman, W).
J
ANUARY
8,
2004
Nyree Kedrowski v. Christine Steeples et al., CV
04-03. (Bossman, W).
J
ANUARY
16,
2004
Timothy White Eagle et al. v. Alvin Cloud et al., CV
04-04. (Matha, T).
J
ANUARY
20,
2004
Maria L. Adamiuk v. Ho-Chunk Casino, CV 04-05.
(Bossman, W).
J
ANUARY
22,
2004
Patricia C. Boyles v. Chris Steeples et al., CV 04-
08. (Bossman, W).
J
ANUARY
26,
2004
Patricia Lowe Ennis v. Cash Systems, CV 04-06.
(Bossman, W).
Cash Systems v. Patricia A. Lowe Ennis, CV 04-07.
(Bossman, W).
Scott Finch v. Tammie v. Modica, CV 04-09.
(Matha, T).
In the Interest of Minor Child: Z.A.W., DOB
07/28/91 v. HCN Office of Tribal Enrollment, CV
04-10. (Matha, T).
Domestic Violence
J
ANUARY
6,
2004
Robert Mobley v. Joyce St. Cyr/Carole St. Cyr, DV
04-01. (Bossman, W).
Juvenile Cases
N
OTHING TO
R
EPORT AT THIS
T
IME
.
2003 MARRIAGE
CEREMONIES
April 25, 2003
Paul Arentz & Susette LaMere
Presiding Judge: Honorable Mark Butterfield,
Associate Supreme Court Justice
June 1, 2003
Noah James Decorah & Toni Renee
Stewart
Presiding Judge: Honorable Mark Butterfield,
Associate Supreme Court Justice
June 21, 2003
Leo F. Heintz, Jr. & Amanda Rose
DeCora
Presiding Judge: Honorable Mark Butterfield,
Associate Supreme Court Justice
August 3, 2003
Rhea Jean Faye Decorah & Antonio
Sanchez
Presiding Judge: Honorable Todd R. Matha,
Associate Trial Court Judge
November 7, 2003
Lori A. Funmaker & Curtis J. Pidgeon
Presiding Judge: Honorable Todd R. Matha,
Associate Trial Court Judge
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S
YSTEM
J
UDICIARY AND
S
TAFF
Supreme Court–Mary Jo B. Hunter, Chief Justice
Mark D. Butterfield, Associate Justice
Jo Deen B. Lowe, Associate Justice
Traditional Court –Wallace Blackdeer
Donald Blackhawk
Dennis Funmaker
Jim Greendeer
Orville Greendeer
Douglas Greengrass
Owen Mike
Gavin Pettibone
Douglas Red Eagle
Preston Thompson, Jr.
Eugene Thundercloud
Morgan White Eagle
Clayton Winneshiek
Trial Court – William H. Bossman, Chief Judge
Todd R. Matha, Associate Judge
Clerk of Court, Trial Court – Marcella Cloud
Assistant Clerk of Court, Trial Court – Selina Joshua
Bailiff/Process Server – Willa RedCloud
Administrative Assistant – Rosie Kakkak
Staff Attorney – Rose M. Weckenmann
Office of Public Advocacy – Dennis Funmaker, Administrator
*
The Ho-Chunk Nation Judiciary and its officers are
active participants in the following organizations:
W
ISCONSIN
T
RIBAL
J
UDGES
A
SSOCIATION
(Eleven federally recognized tribes within the State of
Wisconsin)
NATIONAL
A
MERICAN
I
NDIAN
C
OURT
J
UDGES
A
SSOCIATION
(Region 10—Illinois, Indiana, Michigan, Minnesota, and
Wisconsin)
HCN Court System Fee Schedule
Filing Fees . . .. . . . . . . . . . . . . . . . . . . . . . . . $50.00*
*With the exception of petitions to register child
support orders – this fee remains at $20.00 as
previously ordered by the Supreme Court.
Note: Filing Fee now includes Summons fee.
Filing Fees for Petitions to Register and Enforce
Foreign Judgment/ Order. . . . . . . . . . . . $20.00
Copying . . . . .. . . . . . . . . . . . . . . . . . . . $0.10/per page
Faxing . . . . .. . .$0.25/per page (sending and receiving)
Tapes of Hearings . . . . . . . . . . . . . . . . . $10.00/per
tape
CD of Hearing. .. . . . . . . . . . . . . . . . . . . .$12.50/per
tape
Deposition Videotape . . . . . . . . . . . . . $10.00/per tape
Certified Copies . . . . . . . . . . . . . . . . . . $0.50/per page
Equipment Rental . . . . . . . . . . . . . . . . . $5.00/per hour
Appellate filing fees . . . . . . . . . . . . . . . . . . . . . ..$35.00
Admission to Practice . . . . . . . . . . . . . . . . . . . . . .$50.00
Pro Hac Vice Appearance . . . . . . . . . . . . . . . . .$35.00
Legal Citation Form
The following are example citation forms by legal reference
and citation description.
Ho-Chunk Nation Constitution
Constitution, Article Number, Section, and Subsection.
HCN
C
ONST
., Art. II, Sec. (or §) 1(a).
HCN Const., Art. XI, Sec. (or §) 7.
HCN Ordinances
Ordinance Name, Chapter number, Section/Part/Clause, page.
P
ERSONNEL
P
OLICIES AND
P
ROCEDURE
M
ANUAL
, Ch. 12,
Part B, p. 82.
C
LAIMS
A
GAINST
P
ER
C
APITA
, Sec. (or §) 6.01(b).
HCN Supreme Court Case Law
Case Name, Case No. (HCN S. Ct., month, day, year).
Johnson v. Department Inc., SU 89-04 (HCN S. Ct., Aug. 14,
1995).
Smith v. Casino, SU 94-11 Order (HCN S. Ct., Dec. 1, 1993).
HCN Trial Court Case Law
Case Name, Case No. (HCN Tr. Ct., month, day, year).
Jane Doe v. Bob Smith, CV 99-01 (HCN Tr. Ct., Nov. 1,
1999).
Rules of Civil Procedure
HCN R. Civ. P. 19(B).
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