Billie v. Collins

9 Am. Tribal Law 265
CourtHo-Chunk Nation Trial Court
DecidedSeptember 13, 2010
DocketNo. CV 10-51
StatusPublished

This text of 9 Am. Tribal Law 265 (Billie v. Collins) is published on Counsel Stack Legal Research, covering Ho-Chunk Nation Trial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Billie v. Collins, 9 Am. Tribal Law 265 (hochunkct 2010).

Opinion

ORDER (Denying Transfer)

TODD R. MATHA, Chief Judge.

INTRODUCTION

The Court must determine whether to grant the plaintiffs request to transfer a foreign divorce action. The Court denies transfer since it lacks the capacity to perform modifications to integrated child support provisions. The analysis of the Court follows below.

PROCEDURAL HISTORY

The plaintiff, Claire R. Billie, by and through Attorney Paul Stenzel, initiated the current action by filing the Complaint for Transfer of Jurisdiction (hereinafter Complaint) with the Court on June 11, 2010. An unauthenticated copy of a foreign judgment accompanied the Complaint. See Fed.R.Evid. 902(4).1 Consequently, the Court issued a Summons accompanied by the above-mentioned pleading, and delivered the documente by certified mail to the defendant, Patrick Collins. See HCN R. Civ. P. 5(C)(1)(e). One Collee Collins affixed his/her signature to the Domestic Return Receipt.

The Summons informed the defendant of the right to file an Answer within twenty (20) days of the issuance of the Summons pursuant to HCN R. Civ. P. 5(A)(2). The Summons also cautioned the defendant that a default judgment could result from failure to file within the prescribed time period. See HCN R. Civ. P. 54(A). The defendant, however, failed to answer prior to the expiration of such timeframe.

APPLICABLE LAW

CONSTITUTION OF THE HO-CHUNK NATION

Art. VII—Judiciary

Sec. 7. Powers of the Supreme Court.

b. The Supreme Court shall have the power to establish written rules for the Judiciary, including qualifications to practice before the Ho-Chunk courts, provided such rules are consistent with the laws of the Ho-Chunk Nation.

[266]*266HO-CHUNK NATION JUDICIARY ESTABLISHMENT <& ORGANIZATION ACT, 1 HCC § 1

Subsec. 5. Rules and Procedures.

c. The Judiciary shall have exclusive authority and responsibility to employ personnel and establish written rules and procedures governing the use and operation of the Courts.

d. All matters shall be tried in accordance with the Ho-Chunk Rules of Procedures and Ho-Chunk Rules of Evidence which shall be written and published by the Supreme Court and made available to the public.

TRIBAL ENROLLMENT AND MEMBERSHIP CODE, 2 HCC § 7

Subsec. S. Definitions. For purposes of this Code, these words have the following definitions and will be identified throughout this document by capitalization:

dd. “Sponsor” means a parent of a minor person under the age of eighteen (18) or legal guardian of a person who has a legal duty to file an Application for Membership or appeal on behalf of a person who is a minor, deceased, incompetent or otherwise lacks the capacity to file an Application or appeal. A grandparent, great-grandparent, stepparent or person who has maintained a relationship similar to a parent-child relationship may be a Sponsor of a person who is a minor, deceased, incompetent or otherwise lacks the capacity to file an Application or appeal, but only if after six (6) months a parent of a minor person or legal guardian of a person refuses to make an Application. A grandparent, great-grandparent, stepparent or person who has maintained a relationship similar to a parent-child relationship will include a statement with the Application that he or she has attempted for at least the past six (6) months to get the parent or legal guardian to file an Application for Membership and include the address of the parent or legal guardian. Immediately upon receiving an Application from a grandparent, great-grandparent, stepparent or person who has maintained a relationship similar to a parent-child relationship, the Office of Tribal Enrollment will send a copy of the completed Application via certified mail to the parent(s) or legal guardian of the person who is a minor, deceased, incompetent or otherwise lacks the capacity to file an Application. If a person is deceased, an Application may be Sponsored on that person’s behalf by the executor or administrator of the deceased’s estate for the purpose of memorializing Membership only, without conferring any privileges, rights or immunities hereto.

CHILD SUPPORT ENFORCEMENT CODE, 4 HCC § 7

Ch. I—General Provisions and Definitions

Subsec. 2. General. Ho-Chunk Nation parents have a responsibility for caring for their children, bonding with them, making sure they are safe, and providing for all their basic needs. Aunts, uncles, grandparents and other extended family members help parents and their children when they need help by advising the parents in decision-making, showing love to the children, teaching values and respect, and taking over in parents’ absence. Grandparents share with their grandchildren the wisdom of their experiences and traditional values. The Ho-Chunk Nation Trial Court is the most appropriate forum for deciding issues related to the well-being of a child who is a member of a Ho-Chunk Nation family. It is the policy of the Ho-Chunk Nation to consider carefully the circumstances of each family and to treat each family individually.

Subsec. 3. Policy.

a. The Department of Health and Social Services shall implement this Child [267]*267Support Enforcement Code by establishing a Child Support Enforcement Agency (Agency).

Ch. II—Jurisdiction and Court Procedures

Subsec. 7. Procedures—General.

a. Proceedings under this Code are civil actions and are governed by applicable provisions of the Ho-Chunk Nation Rules of Civil Procedure, except where this Code provides otherwise.

Subsec. 13. Transfer of Jurisdiction.

a. The Agency has the authority to accept electronic transfers of cases from within the State of Wisconsin. The Court has the authority to accept transfers of cases from other courts or governments for proceedings under this Code.

Ch. IV—Child Support

Subsec. 21. Child Support Enforcement Agency. The Agency operates on a child-centered, agreement-based process. The Agency shall perform the following responsibilities:

b. Prepare a recommendation about the child support and health insurance obligation for each ease, using a form developed by the Agency. In making its recommendation, the Agency shall be guided by the Child Support Guidelines (Guidelines) (Section 36) and the Ho-Chunk Nation Child Support Schedule (Schedule) (Section 37). The Agency’s recommendation shall be filed with the petition whenever possible; and

Subsec. 23. Petition for Child Support.

a. Who May File.

(1)A parent may file a petition for establishment of child support under this chapter. The petition shall be prepared on a form approved by the Court. The child support petition may be filed as a separate proceeding or in connection with any of the following petitions.

(a) Divorce or invalidity of marriage.

b. Contents. A petition for establishment of child support shall contain all of the following:

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Related

Delno v. Market St. Ry. Co.
124 F.2d 965 (Ninth Circuit, 1942)

Cite This Page — Counsel Stack

Bluebook (online)
9 Am. Tribal Law 265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/billie-v-collins-hochunkct-2010.