00:00:00:00	00:00:01:04	>> We all think we know
00:00:01:04	00:00:02:14	what government is.
00:00:02:14	00:00:03:18	>> How it works
00:00:03:18	00:00:04:26	and what it does.
00:00:04:26	00:00:06:11	>> But what is it really?
00:00:06:11	00:00:07:15	What do we mean
00:00:07:15	00:00:09:00	by "government"?
00:00:09:00	00:00:10:12	>> Is it this?
00:00:10:12	00:00:12:08	>> Or this?
00:00:12:08	00:00:13:05	>> Are these people
00:00:13:05	00:00:14:09	the government?
00:00:14:09	00:00:15:25	>> Are you?
00:00:15:25	00:00:16:25	>> These are just some
00:00:16:25	00:00:17:25	of the questions we'll try
00:00:17:25	00:00:19:03	to answer for you today.
00:00:19:03	00:00:21:05	>> On Engage.
00:00:26:09	00:00:27:14	>> Hi, I'm Zach.
00:00:27:14	00:00:28:17	>> And I'm Paloma.
00:00:28:17	00:00:29:22	Each of Wisconsin's
00:00:29:22	00:00:30:24	11 tribal nations has
00:00:30:24	00:00:32:06	its own system of government.
00:00:32:06	00:00:33:11	And that includes 11 separate
00:00:33:11	00:00:35:02	court systems with courtrooms
00:00:35:02	00:00:36:14	just like this one.
00:00:36:14	00:00:37:13	>> So what's it like
00:00:37:13	00:00:38:12	to be a tribal judge?
00:00:38:12	00:00:39:14	Let's follow a judge
00:00:39:14	00:00:40:15	from the Ho-Chunk Nation,
00:00:40:15	00:00:41:12	Amanda Rockman,
00:00:41:12	00:00:43:15	as she goes about a typical day.
00:00:48:00	00:00:49:18	>> Under the marriage ordinance
00:00:49:18	00:00:50:22	that the Ho-Chunk Nation
00:00:50:22	00:00:51:29	legislature has enacted,
00:00:51:29	00:00:53:05	judicial officers
00:00:53:05	00:00:54:25	can perform weddings.
00:00:54:25	00:00:55:29	We are gathered here
00:00:55:29	00:00:57:02	to celebrate the coming together
00:00:57:02	00:00:58:01	of two people
00:00:58:01	00:00:59:03	in the bonds of marriage.
00:00:59:03	00:01:00:28	Marriage is a special contract
00:01:00:28	00:01:02:24	of care, affection and support
00:01:02:24	00:01:04:00	that is mutually
00:01:04:00	00:01:05:20	and legally binding.
00:01:05:20	00:01:07:15	My name is Amanda Rockman.
00:01:07:15	00:01:08:24	I am the Associate Judge for the
00:01:08:24	00:01:10:24	Ho-Chunk Nation Trial Court.
00:01:10:24	00:01:12:07	I hear cases
00:01:12:07	00:01:14:05	of civil jurisdiction.
00:01:14:05	00:01:16:16	My main responsibility would be
00:01:16:16	00:01:17:24	to promptly and timely
00:01:17:24	00:01:19:29	adjudicate cases.
00:01:19:29	00:01:21:20	I'm reviewing a case
00:01:21:20	00:01:23:21	prior to the hearing.
00:01:23:21	00:01:25:04	I've read this case before.
00:01:25:04	00:01:26:29	However, we have a docket
00:01:26:29	00:01:28:19	consisting of over 300 cases.
00:01:28:19	00:01:29:27	We want to review each one
00:01:29:27	00:01:32:09	before going into the courtroom.
00:01:32:09	00:01:33:12	Today, we're going to be hearing
00:01:33:12	00:01:34:26	oral arguments for
00:01:34:26	00:01:37:17	administrative review hearings.
00:01:37:17	00:01:38:29	Parties have an opportunity
00:01:38:29	00:01:44:08	to advocate for their clients.
00:01:44:08	00:01:45:15	The courthouse
00:01:45:15	00:01:46:24	was struck by lightning.
00:01:46:24	00:01:47:25	It screwed up our entire
00:01:47:25	00:01:49:11	electrical system.
00:01:49:11	00:01:51:00	And it is sometimes
00:01:51:00	00:01:53:20	boiling hot in there.
00:01:53:20	00:01:55:03	In order to make sure
00:01:55:03	00:01:56:14	the parties know how much time
00:01:56:14	00:01:57:20	they're given for their
00:01:57:20	00:01:59:12	oral arguments, I needed a way
00:01:59:12	00:02:02:17	to gauge their time.
00:02:02:17	00:02:03:21	Let the record show
00:02:03:21	00:02:05:20	the time is now 11:42.
00:02:05:20	00:02:07:03	The court no longer has
00:02:07:03	00:02:08:18	a laptop, because when the court
00:02:08:18	00:02:09:23	was struck by lightning,
00:02:09:23	00:02:11:12	it actually affected our laptop.
00:02:11:12	00:02:12:15	So, we usually have
00:02:12:15	00:02:13:18	a drop-down screen, which
00:02:13:18	00:02:15:22	indicates the time allocations.
00:02:15:22	00:02:17:01	But I'm going to be using
00:02:17:01	00:02:19:08	my cell phone with a stopwatch.
00:02:19:08	00:02:20:08	So, if you get close
00:02:20:08	00:02:21:23	to the 15-minute mark,
00:02:21:23	00:02:23:10	do you want me to stop you?
00:02:23:10	00:02:24:12	>> Sure.
00:02:24:12	00:02:25:13	>> Okay, if you'd
00:02:25:13	00:02:26:22	like to proceed.
00:02:26:22	00:02:28:04	>> Mr. Murphy and his client...
00:02:28:04	00:02:29:05	>> We like to give them
00:02:29:05	00:02:30:20	as much as 20 minutes
00:02:30:20	00:02:32:21	to discuss their arguments.
00:02:32:21	00:02:34:03	That's just an even amount of
00:02:34:03	00:02:36:08	time that each party is given.
00:02:36:08	00:02:37:18	>> It came out in July 3, 2006,
00:02:37:18	00:02:39:06	I believe...
00:02:39:06	00:02:41:00	>> I enjoy the courtroom.
00:02:41:00	00:02:42:22	A number of people
00:02:42:22	00:02:45:21	bring very persuasive arguments.
00:02:45:21	00:02:48:10	It keeps you on your toes.
00:02:48:10	00:02:49:14	>> I'm just left wondering,
00:02:49:14	00:02:51:29	how does one decide
00:02:51:29	00:02:54:23	what date it should be.
00:02:54:23	00:02:56:10	>> The court will take
00:02:56:10	00:02:57:27	everything into consideration
00:02:57:27	00:02:59:00	that was stated today
00:02:59:00	00:03:01:01	when rendering its decision.
00:03:01:01	00:03:02:28	What I do, is I make decisions.
00:03:02:28	00:03:04:06	And I like to think
00:03:04:06	00:03:05:03	the decisions I make
00:03:05:03	00:03:06:01	are well written
00:03:06:01	00:03:07:00	and are articulated well,
00:03:07:00	00:03:08:02	so people know what it is
00:03:08:02	00:03:09:20	that they're supposed to do.
00:03:09:20	00:03:11:02	Let the record show
00:03:11:02	00:03:13:07	the time is now 12:04,
00:03:13:07	00:03:16:11	and we'll adjourn this matter.
00:03:16:11	00:03:18:03	After each hearing, I tend to
00:03:18:03	00:03:19:24	come back to my office
00:03:19:24	00:03:22:13	and type what has transpired.
00:03:22:13	00:03:23:29	Sometimes I actually start
00:03:23:29	00:03:25:13	drafting the opinion itself,
00:03:25:13	00:03:27:05	hit the print button,
00:03:27:05	00:03:29:25	grab a copy, mark it up.
00:03:29:25	00:03:31:23	Other times, if it's a case that
00:03:31:23	00:03:33:10	I need to do more research on
00:03:33:10	00:03:35:09	and look at other cases that are
00:03:35:09	00:03:36:26	similar, I'll print out those
00:03:36:26	00:03:38:08	other cases, mark it up where
00:03:38:08	00:03:39:20	I agree with, or disagree with,
00:03:39:20	00:03:41:27	what I'm bound by.
00:03:41:27	00:03:42:29	What I'm bound by is what
00:03:42:29	00:03:45:11	the Supreme Court articulates.
00:03:45:11	00:03:47:22	So, it's a work in progress.
00:03:47:22	00:03:49:03	It sometimes takes
00:03:49:03	00:03:51:19	a considerable amount of time.
00:03:57:24	00:03:58:29	My work is important, but
00:03:58:29	00:04:02:07	my family is really important.
00:04:02:07	00:04:03:21	I have two children.
00:04:03:21	00:04:07:16	Alena is six, and John is four.
00:04:07:16	00:04:09:03	Both are incredibly outgoing
00:04:09:03	00:04:12:02	and loving children.
00:04:12:02	00:04:13:13	They are both very bright
00:04:13:13	00:04:15:05	and very stubborn.
00:04:15:05	00:04:16:11	>> Can you have
00:04:16:11	00:04:18:25	that kind of car?
00:04:18:25	00:04:20:11	>> Where would I put you guys?
00:04:20:11	00:04:21:16	>> In the back.
00:04:21:16	00:04:22:25	>> There is no back.
00:04:22:25	00:04:25:06	That'd be the trunk!
00:04:25:06	00:04:26:20	>> Oh, I do not want to be
00:04:26:20	00:04:27:26	in a trunk.
00:04:27:26	00:04:29:00	>> My mom and dad
00:04:29:00	00:04:33:08	live here in Black River Falls.
00:04:33:08	00:04:35:20	Alena is really enthused about
00:04:35:20	00:04:38:28	golf, which is exciting to me.
00:04:38:28	00:04:40:18	>> Good try, Alena!
00:04:40:18	00:04:42:01	And John is really interested
00:04:42:01	00:04:44:03	in putting.
00:04:46:07	00:04:47:23	(laughs)
00:04:47:23	00:04:49:22	Good job!
00:04:49:22	00:04:51:21	My dad was in the military,
00:04:51:21	00:04:53:03	so I was born in Grand Forks,
00:04:53:03	00:04:54:09	North Dakota,
00:04:54:09	00:04:57:04	on the Air Force base.
00:04:57:04	00:04:58:10	I just feel like my parents
00:04:58:10	00:04:59:17	always go above and beyond
00:04:59:17	00:05:01:12	what's requested of them.
00:05:01:12	00:05:02:21	>> There you go, Johnny!
00:05:02:21	00:05:03:21	>> They're just really
00:05:03:21	00:05:04:24	supportive individuals.
00:05:04:24	00:05:06:01	They've always encouraged me
00:05:06:01	00:05:07:06	to do whatever it is
00:05:07:06	00:05:08:08	that I wanted to do,
00:05:08:08	00:05:09:19	in terms of education.
00:05:09:19	00:05:11:29	>> Oh, oh!
00:05:11:29	00:05:13:05	She beat me!
00:05:13:05	00:05:14:00	(laughter)
00:05:14:00	00:05:15:04	>> What?
00:05:15:04	00:05:16:09	>> She beat me!
00:05:16:09	00:05:17:22	>> Alena won? Uh-oh!
00:05:17:22	00:05:18:23	>> They are incredibly
00:05:18:23	00:05:20:07	hard workers.
00:05:20:07	00:05:22:05	My mom is one of
00:05:22:05	00:05:24:12	the sharpest ladies I know.
00:05:24:12	00:05:25:20	I guess that's what makes them
00:05:25:20	00:05:27:05	my heroes, just their entire
00:05:27:05	00:05:30:07	package of my mom and dad.
00:05:30:07	00:05:31:20	>> When she was young,
00:05:31:20	00:05:33:05	I can't remember what age she
00:05:33:05	00:05:34:29	was or what grade she was in.
00:05:34:29	00:05:36:13	>> She was like five or six.
00:05:36:13	00:05:37:13	>> And she said she wanted
00:05:37:13	00:05:38:14	to be a lawyer.
00:05:38:14	00:05:39:17	And I thought, okay,
00:05:39:17	00:05:41:07	well, it sounds good.
00:05:41:07	00:05:42:15	Continue with your studies,
00:05:42:15	00:05:43:29	and that's all you can do.
00:05:43:29	00:05:45:00	>> He always wanted me
00:05:45:00	00:05:46:00	to go to the UW.
00:05:46:00	00:05:46:26	That's actually
00:05:46:26	00:05:47:26	where I ended up going.
00:05:47:26	00:05:49:01	I'm very happy that I did.
00:05:49:01	00:05:50:07	>> When she was going to college
00:05:50:07	00:05:52:04	at the time, she was married
00:05:52:04	00:05:54:20	and she was pregnant, going
00:05:54:20	00:05:56:03	through school, and everything.
00:05:56:03	00:05:57:09	And I thought, oh, my god,
00:05:57:09	00:05:58:12	how much more stress
00:05:58:12	00:05:59:12	can you put on yourself?
00:05:59:12	00:06:00:10	Being pregnant
00:06:00:10	00:06:01:13	and going to school, law school,
00:06:01:13	00:06:02:16	and everything.
00:06:02:16	00:06:04:08	>> Once I got to law school,
00:06:04:08	00:06:05:09	I had Alena
00:06:05:09	00:06:06:14	during my first semester,
00:06:06:14	00:06:08:05	and John during my last.
00:06:08:05	00:06:09:25	And you have to make time for
00:06:09:25	00:06:12:00	your children, your family, but
00:06:12:00	00:06:15:03	still put an emphasis on school.
00:06:15:03	00:06:18:14	So it was tough.
00:06:18:14	00:06:21:08	(kids laughing)
00:06:27:27	00:06:29:14	You know, I must say
00:06:29:14	00:06:30:24	that the juvenile cases
00:06:30:24	00:06:32:17	are very difficult for me.
00:06:32:17	00:06:34:13	By and large, it's because
00:06:34:13	00:06:37:20	I do have children.
00:06:37:20	00:06:38:24	But I also think that
00:06:38:24	00:06:40:01	that makes me a really strong
00:06:40:01	00:06:41:24	judicial officer, because
00:06:41:24	00:06:43:05	I can empathize with parents,
00:06:43:05	00:06:44:12	but I can also understand
00:06:44:12	00:06:47:13	the concerns and the threats.
00:06:49:20	00:06:50:29	I enjoy the writing aspects
00:06:50:29	00:06:52:08	of things.
00:06:52:08	00:06:53:25	I enjoy having a well written
00:06:53:25	00:06:55:24	product, and putting thought
00:06:55:24	00:06:58:01	and effort into it.
00:06:58:01	00:06:59:15	I'm just really excited to be
00:06:59:15	00:07:03:10	a part of a developing case law.
00:07:03:10	00:07:04:21	The nation enacted
00:07:04:21	00:07:07:20	its constitution in 1994.
00:07:07:20	00:07:08:27	And the body of case law that's
00:07:08:27	00:07:10:13	being written, if you think
00:07:10:13	00:07:11:21	about when the United States
00:07:11:21	00:07:13:17	constitution was enacted, and
00:07:13:17	00:07:15:00	what their judicial officers
00:07:15:00	00:07:16:13	decided, that's kind of
00:07:16:13	00:07:18:02	the place we're in, in terms
00:07:18:02	00:07:19:16	of what has the Supreme Court
00:07:19:16	00:07:20:20	said about it.
00:07:20:20	00:07:22:04	If they haven't said anything,
00:07:22:04	00:07:24:27	well, the door is wide open.
00:07:24:27	00:07:26:03	It's really exciting
00:07:26:03	00:07:27:13	that I'm the individual,
00:07:27:13	00:07:29:09	or the other judges are the
00:07:29:09	00:07:31:29	individuals that can really
00:07:31:29	00:07:34:23	begin to get the ball rolling,
00:07:34:23	00:07:35:24	because I'm not saying,
00:07:35:24	00:07:36:23	oh, this is a case that's
00:07:36:23	00:07:37:28	already been decided,
00:07:37:28	00:07:39:07	we've already had this issue.
00:07:39:07	00:07:40:08	Sure, it's been decided in other
00:07:40:08	00:07:41:17	jurisdictions, but it hasn't
00:07:41:17	00:07:43:12	been decided in ours.
00:07:43:12	00:07:45:09	So, if there's a way in which
00:07:45:09	00:07:46:26	to distinguish it, that's
00:07:46:26	00:07:48:19	something that's exciting,
00:07:48:19	00:07:49:21	because you know,
00:07:49:21	00:07:50:28	we're not going to follow
00:07:50:28	00:07:54:13	all of the western laws.
00:07:54:13	00:07:55:28	I can consult the traditional
00:07:55:28	00:07:58:05	court about traditional custom.
00:07:58:05	00:08:00:04	I can rely on some of the
00:08:00:04	00:08:01:25	federal cases to see if
00:08:01:25	00:08:03:03	perhaps they'll be persuasive
00:08:03:03	00:08:04:24	in my decisions.
00:08:04:24	00:08:06:04	And just sort of recognizing
00:08:06:04	00:08:07:22	that you know, this area of,
00:08:07:22	00:08:11:05	I guess, law, could just have
00:08:11:05	00:08:14:06	a huge, profound effect
00:08:14:06	00:08:15:27	not only on the tribe,
00:08:15:27	00:08:18:15	but on its members.
00:08:18:15	00:08:19:18	So, I like to keep my writing
00:08:19:18	00:08:21:04	readable.
00:08:21:04	00:08:22:28	I like to remain accessible.
00:08:22:28	00:08:24:18	If we need a hearing,
00:08:24:18	00:08:26:05	I'm flexible.
00:08:26:05	00:08:27:19	I'm really trying to help
00:08:27:19	00:08:29:15	people, and to keep learning,
00:08:29:15	00:08:31:07	following through,
00:08:31:07	00:08:32:24	working at the law.
00:08:32:24	00:08:34:05	This has been very inspiring,
00:08:34:05	00:08:36:13	and I hope to continue it.
00:08:39:00	00:08:40:18	>> For more information,
00:08:40:18	00:08:42:05	visit us on the Web at:
00:08:42:05	00:08:46:06	ecb.org/engage