Fillable Form 1: IN THE HO-CHUNK NATION TRIAL COURT (Ho-Chunk Nation)

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Form 1: IN THE HO-CHUNK NATION TRIAL COURT (Ho-Chunk Nation)

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Petition for Voluntary Relinquishment of Membership (05/17) Page 1 of 4
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IN THE
HO-CHUNK NATION TRIAL COURT
______________________________,
Petitioner,
v.
Ho
-Chunk Nation and Ho-Chunk Nation
Office of Tribal Enrollment
,
Respondents.
P
ETITION
F
OR
V
OLUNTARY
R
ELINQUISHMENT OF MEMBERSHIP
Case
No.: CV __ - _____
[assigned by the Court]
I. CAUSE OF ACTION
The petitioner in the above-captioned case files this action requesting that the Ho-Chunk
Nation Trial Court certify the attached Voluntary Relinquishment Form.
II. PETITIONER’S INFORMATION
1. Name: _________________________________________________
2. Maiden name (if applicable): __________________________________
3. Address: ______________________________________________
(state physical address also if P.O. Box is listed)
______________________________________________
City State Zip Code
4. Date of Birth: __________________________________
5. Phone: (_____)_________________ (_____)__________________
Home Work
6. Facsimile Number (if available): (_____)_______________________
7. Occupation: _____________________________________________
Place of employment: _____________________________________
or Petitioner is not presently employed.
8. HCN Member Tribal ID No.: _____________________________
9. Do you have any outstanding debts to the Nation? Yes No
Please specify: _________________________________________________
__________________________________________________________________
__________________________________________________________________
________________________________________________________________
PETITIONER’S INFORMATION
Petition for Voluntary Relinquishment of Membership (05/17) Page 2 of 4
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III. JURISDICTION
This Court has original jurisdiction over this case pursuant to the “cases and controversy”
clause of the CONSTITUTION OF THE HO-CHUNK NATION, Art. VII, Sec. 5(a), providing that the
Trial Court “shall have original jurisdiction over all cases and controversies,” in law and equity
“arising under the Constitution, laws [or] customs and traditions of the Ho-Chunk Nation.”
Specifically, the petitioner alleges that the cause of action arises under the HO-CHUNK NATION
MEMBERSHIP CODE, 2 HCC § 7.9;
9. Voluntary Relinquishment.
a. Voluntary Relinquishment of Membership.
(1) A Member may voluntarily Relinquish Membership in accordance with Article II,
Section 2 of the Constitution of the Ho-Chunk Nation.
(2) The Tribal Enrollment Officer will establish procedures for Voluntary Relinquishment
in accordance with Article II, Section 2 of the Constitution.
(3) A Member who seeks Voluntary Relinquishment of Membership will notify the Office
of Tribal Enrollment in writing with a notarized signature.
(a) The Office of Tribal Enrollment shall develop a Relinquishment Form to be
handed to any Member who wishes to Voluntarily Relinquish Membership.
ENROLLMENT CODE (2 HCC § 7). This Relinquishment Form shall outline the
consequences of Relinquishing Membership and the process to voluntarily
Relinquish Membership.
(b) Upon receiving a written notification that a Member wishes to Relinquish
Membership, the Office of Tribal Enrollment shall send via certified mail a copy of
the Relinquishment Form to the Member who submitted the written notification to
initiate the process of Relinquishing Membership.
(4) The Office of Tribal Enrollment will forward the Voluntary Relinquishment to the
Trial Court for certification.
(5) Voluntary Relinquishment will become effective upon receipt of the Trial Court's
certification by the Office of Tribal Enrollment, unless otherwise provided under the Code
and will immediately terminate all rights, privileges, and benefits of Membership and the
person’s name will be removed from the Membership Roll.
Petition for Voluntary Relinquishment of Membership (05/17) Page 3 of 4
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PRAYER FOR RELIEF:
For the reasons stated above and according to the attached documentation, the petitioner
requests that the Court grant the petitioner’s requested relief of certifying the attached Voluntary
Relinquishment Form and returning the certified form to the Office of Tribal Enrollment.
OATH:
By affixing my signature below, I swear that I have provided the above information in good
faith and with the belief that each statement represents a true and accurate account of the facts
based upon adequate research and investigation. I recognize that the Ho-Chunk Nation Judiciary
may impose sanctions if it determines that I have made statements in bad faith, including
intentional misstatements or statements made upon inadequate research or investigation. I also
recognize that the foregoing admonition extends to include the omission of material facts or law,
which I knew, or should have reasonably known, would impact or prove relevant to the action.
I understand that any decision reached by the Ho-Chunk Nation Trial Court is binding and
that if I disagree with the findings or conclusions or remedies of the Trial Court, I may file an
appeal with the Ho-Chunk Nation Supreme Court. I further acknowledge that since I am
submitting myself to the jurisdiction of the Ho-Chunk Nation Judiciary, I am subject to its
determinations, including those relating to contempt of court.
I understand that filing this Petition for Voluntary Relinquishment constitutes a knowing
waiver of my membership rights to the Ho-Chunk Nation and to the Ho-Chunk Nation General
Council, including access to tribal funding, employment preference, housing benefits, the right to
participate in elections, and to participate in policy direction regarding Ho-Chunk Nation laws.
I freely, voluntarily, and absent any duress, fraud or coercion hereby sign this Petition
seeking my relinquishment as a member of the Ho-Chunk Nation. I understand that this
action, if granted, will have long term effects and unintended consequences which may
impact my issue (children, grandchildren, etc). I recognize that I have a right to counsel at
my own expense.
RESPECTFULLY SUBMITTED BY PETITIONER,
Signature: __________________________________________
Date: ________________________, 20 ______
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Petition for Voluntary Relinquishment of Membership (05/17) Page 4 of 4
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NUMBER OF ADDITIONAL PAGES USED: _____________
ATTACH:
1. Notarized Voluntary Relinquishment Form
2. Affidavits from the Treasury Department, the Child Support Agency, and the Trial Court
certifying that the petitioner does not owe debts to the Nation.
___________________________________ ___________________________________
Name of Attorney (if any) Signature of Attorney
Mailing address of attorney: ___________________________________
___________________________________
E-mail address of attorney: ___________________________________
Telephone number of attorney: __________________________________
Facsimile number of attorney: ___________________________________
Ho-Chunk Bar number of attorney: ______________________________
If not a member of the Ho-Chunk bar, a Motion to Appear Pro Hac Vice has been attached in
accordance with Ho-Chunk Nation Rules of Civil Procedure, Rule 16(B),
1
and/or I have
applied for membership in the Ho-Chunk Nation bar in accordance with the Ho-Chunk Nation
Rules for Admission to Practice.
1
Parties can obtain a copy of the Ho-Chunk Nation Rules of Civil Procedure by contacting the Ho-Chunk Nation
Judiciary at (715) 284-2722 or (800) 434-4070 or visiting the judicial website at http://www.ho-
chunknation.com/government/judiciary/judicial-rules.aspx.
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Form 1: IN THE HO-CHUNK NATION TRIAL COURT (Ho-Chunk Nation)

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Completed 23 December 2020

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