Statutes | 4 HCC § 12 Chapter V § 19 | 2020
The Ho-Chunk Nation Trial Court is vested with the fullest jurisdiction permissible under applicable law. Pursuant to Article VII, section 5 (a) of the Ho-Chunk Nation Constitution, the Trial Court shall have original jurisdiction over all cases and controversies, both criminal and civil, in law or in equity, arising under the Constitution, laws, customs, and traditions of the HoChunk Nation, including cases in which the Ho-Chunk Nation, or its officials and employees, shall be a party. Any such case or controversy arising within the jurisdiction of the Ho-Chunk Nation shall be filed in Trial Court before it is filed in any other court. This grant of jurisdiction by the General Council shall not be construed to be a waiver of the Nations sovereign immunity and (b) The Supreme Court shall have appellate jurisdiction over any case on appeal from the Trial Court.
Personal jurisdiction includes, but is not limited to the following people:
(1) Members of the Ho-Chunk Nation or
(2) Individuals personally served with a Petition or Summons on the Nations lands or
(3) Individuals who consent to the jurisdiction of the Court by entering a general appearance or filing a responsive document or by participating in the proceeding unless participation is for the purpose of contesting jurisdiction or
(4) Any individual who resides on the Nation&rsquos lands with a Ho-Chunk Adult-at-Risk who is the subject of the proceeding or
(5) Any individual who enters the Nation&rsquos lands to transact with a Ho-Chunk Adult-at-Riskor obtains access to a Ho-Chunk Adult-at-Risk&rsquos personal property who is the subject of the proceeding.
a. In every action under this Act, the Court shall retain continuing, exclusive jurisdiction over the Adult-at-Risk to the fullest extent permitted by law.