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Steven H. David Robert D. Rucker Loretta H. Rush Geoffrey G. Slaughter Mark S. Massa Justice Justice Chief Justice Justice Justice PUBLISHED BY THE Indiana Supreme Court
Office of Communication, Education and Outreach 30 South Meridian, Suite 500 Indianapolis, Indiana 46204 (317) 234-4722 courts.in.gov
PHOTOGRAPHY: Rachel Anderle Samantha Blankenship Chris Bucher Domenic Centofanti Kathryn Dolan Nathaniel Edmunds Jonathan Hawkins Sarah Kidwell Patrick McCauley John McGauley Vincent Morretino The Justices of the Indiana Supreme Court during Justice Slaughter's investiture ceremony in August 2016. Jessica Strange Nita Wright ... and Other Friends of the Court
Icons made by Freepik from www.flaticon.com FROM YOUR ndiana upreme ourt On behalf of myI colleagues on the Indiana Supreme Court,S we thank staff, judicial officers, courtC employees, and the many other partners in justice who help us fulfill our collective vision of an effective, efficient, and fair system of justice.
Operating Indiana’s courts requires the hands and hearts of thousands of women and men in all 92 counties. These partners in justice help us fulfill our mission to modernize the courts, strengthen Hoosier families, and ensure public safety measures that complement reforms to Indiana’s criminal code.
AMONG THE HIGHLIGHTS OF THE YEAR: • Honoring Justice Robert D. Rucker’s lifetime of service • The appointment of Christopher M. Goff as the 110th Justice • Two million documents filed through the statewide electronic filing system • Increased access to online court records • Oral arguments on the road in Delaware and Lake counties • Completed an extensive reorganization of judicial office administrative services
It is our pleasure to showcase the outstanding and inspirational work of Indiana’s judiciary. The following pages reflect our commitment to innovation and Hoosier values to ensure open access to courts.
Loretta H. Rush Chief Justice of Indiana The portraits of the five members of the Court are arranged in the order they sit on the bench, with Chief Justice Rush in the center. To her right is the most senior member, Justice Rucker, followed to his right by Justice David. The newest member of the Court, Justice Slaughter, sits to the left of the Chief Justice, and to his left is Justice Massa. Following Justice Rucker's retirement, his portrait was moved to an adjacent wall, joining the portraits of more than 100 former Justices. The arrangement of portraits was adjusted following Justice Goff's swearing in ceremony. 1 Year in Review 8 Justices 10 Cases 18 Opinions 20 Articles 28 Boards & Commissions 33 Agency Reports 58 Definitions The Supreme Court Courtroom in the Indiana State House is where nearly all oral arguments take place. Fiscal Year: July 1, 2016 to June 30, 2017
July 1 E-filing became mandatory in the July 18 Information about appellate judges appellate courts and Hamilton County. By on the November General Election ballot the end of the fiscal year 53 counties were was released via a website created by the e-filing. Office of Judicial Administration.
July 7 The Court issued an order July 25 Chief Justice Loretta Rush was creating the Indiana Tax Court Advisory appointed as a member of the Conference Committee to advise and assist the Tax of Chief Justices’ (CCJ) Board of Directors. Court on administration, case management, The CCJ allows for high-level state judicial performance standards, and data collection. officers to discuss improvements to judicial administration and make recommendations Barbara Harcourt receives the Distinguished Service Award from NCSC president Mary McQueen in July. on matters affecting the judiciary. July 12 p Barbara Harcourt received the National Center for State Courts’ (NCSC) Distinguished Service Award. The award is August 11 p Justice Geoffrey Slaughter presented annually to those who have made was sworn in as the 109th Justice of the significant contributions to the justice system Court. A formal investiture ceremony in the and who have supported NCSC’s mission. Supreme Court Courtroom featured remarks from friends and colleagues. July 12 The annual Court and Clerk Employee Conference attracted nearly 390 court employees from 78 counties. Educational topics included e-filing, court reporters, jury administrators, and mental Justice Geoffrey Slaughter enters the Courtroom with his health commitments. wife during his formal investiture ceremony in August.
1 August 17 The Coalition for Court Access September 16 The Indiana Judicial met for the first time in the Supreme Court Conference recognized three judicial officers Courtroom. This 17-member committee for 24 years of service and 16 judicial is responsible for coordinating all Supreme officers for completing at least 120 hours of Court programs that provide civil legal aid to education. those with limited financial resources. September 16 p Lilia Judson retired August 31 60 Indiana educators attended after nearly 40 years with the Court. Judson a court and history program in collaboration was at the helm of the Division of State with the Indiana Historical Society. Court Administration for many years and helped provide a smooth transition to the August 31 As part of the reorganization first Chief Administrative Officer, Judge Lilia Judson proudly displays her Sagamore of the Wabash, which was presented at her October retirement ceremony. plan implemented by the Supreme Court, Mary Willis. the newly combined agency of the Indiana Judicial Center and the Division of State September 17 p In celebration of Court Administration was announced as the Constitution Day, 31 judges and lawyers Indiana Office of Court Services, headed by an visited over 2,000 students across the state. executive director and four deputy directors.
September 23 The Court issued an September 7 The Court issued anorder order approving the Master List for Jury adopting Criminal Rule 26, encouraging Pool Assembly, which permits trial courts to the use of evidence-based risk assessment use the list to compile jury pools. The list is tools to inform pretrial release decisions. compiled by Trial Court Technology using The Rule states that if an arrestee does not records from the Bureau of Motor Vehicles pose a substantial flight risk or danger to the and the Department of Revenue. community, the arrestee should be released Magistrate David Najjar (Hamilton County) speaks to students as part of Constitution Day outreach in September. without bail.
2 September 23 The Commission October 27 p The Supreme Court held on Improving the Status of Children an oral argument at Ball State University’s in Indiana promoted its annual report at Emens Auditorium in Delaware County in.gov/children. Chief Justice Rush served with nearly 1,000 in attendance, including on the Commission’s executive committee as students, members of local bar associations, Chairperson. special guests, press, and the public.
September 27 A symposium on November 10 Justice Steven David Commercial Courts and E-Filing in Indiana chaired the Appellate Judges Education was held in the Supreme Court Courtroom. Institute annual summit in Philadelphia. As part of the Commercial Court pilot The premiere educational event included
A soon-to-be-licensed attorney smiles during the Indiana project, businesses can request their dispute federal judges, state appellate judges, bar admission ceremony in October at the Indiana Convention Center. be heard in one of six specialized commercial appellate lawyers, and staff attorneys from courts around the state. During the first full across the country. In addition to serving as year of the pilot, 114 cases were filed and 38 chair, Justice David moderated a session on of those cases were closed. Guantanamo Bay and the Rule of Law.
October 11 p 326 applicants who November 23 The Supreme Court successfully passed the July 2016 bar exam published an online gallery featuring 20 were admitted during a ceremony. Another Indiana trial courts participating in National 137 applicants would pass the February 2017 Adoption Day. Through a Supreme Court bar exam and be admitted in May. order, families and press were allowed the opportunity to photograph and videotape certain adoption proceedings.
Justice Massa speaks to special guests including local judges and attorneys at a luncheon following a traveling argument at Ball State in March.
3 November 29 The Court hosted a Civil December 13 The Supreme Court made Justice Initiative Roundtable chaired by the first of three budget presentations to Justice Slaughter and former Chief Justice members of the Indiana General Assembly. Brent Dickson with 15 guests discussing Among the requests for FY18 and FY19 were procedures and the need for lawyers to funding for technology, specialized courts, provide services in civil cases. guardianship programs, and civil legal aid.
December 9 p In celebration of January 18 p Chief Justice Rush Statehood Day, Justice Massa, Justice David, delivered her third State of the Judiciary and Chief Justice Rush spoke to students at address, focusing on recognizing the work locations around Indianapolis. In addition, of the Court’s many partners in justice who Justice Steven David stands with Sam Osterman, who nearly 450 students visited the Supreme help create an effective, efficient, and fair participated in the Bicentennial Statehood Day Essay Contest, at the Indiana State Museum in December. Court Courtroom as part of the larger justice system. statewide celebration. January 26 The Court issued an order December 12 Optima, a new statewide creating the Office of Admissions and Guardian ad litem/Court Appointed Special Continuing Education. The Office was Advocates (GAL/CASA) case management formed by merging staff from the Board of system, was fully implemented in 81 Law Examiners and the Commission for counties. Optima promotes consistent data Continuing Legal Education. entry and allows real-time access to data such as number of active volunteers, number of children being served, and number of children on the waiting list.
Chief Justice Rush presents the State of the Judiciary to lawmakers and special guests in the Indiana House Chamber in January.
4 February 7 The Court issued anorder February 27 p The first of five enacting recommendations from the community forums about the status of race Advisory Task Force on Remote Access to and gender in the judicial system took place in and Privacy of Electronic Court Records. Gary. The public participated in small group Recommendations increased access as part of discussions, and dialogue was encouraged a larger initiative to make court documents between members of the community and the more easily available to the public. Commission on Race and Gender Fairness. Throughout 2017, a wide range of trial court documents will become available online for March 9 p The Supreme Court held an free at mycase.in.gov. oral argument in Lake County at Justice Robert Rucker’s alma mater, the former February 9 The Commission on Gary Roosevelt High School. More than 400 Attendees exchange ideas during a community forum on Improving the Status of Children in race and gender fairness in the judicial system in February. students, members of local bar associations, Indiana promoted its three-year strategic special guests, press, and the public attended plan, an Information Sharing Guide app the argument. for iOS (iPhone and iPad), and announced Senator Erin Houchin as the Commission’s March 20 Justice David spoke to Chairperson. approximately 400 volunteers attending CASA Day at the State House. Attendees February 14 The Commission on Judicial were on site to show support for the advisory opinion Qualifications issued an program, interact with legislators about stating that microblogging, tweeting, or issues facing children, and draw attention to electronically relaying a written message does the need for more volunteers. not constitute broadcasting under Judicial Conduct Rule 2.17. The Commission also recognized that valid policy considerations A member of the student audience asks a question following a traveling oral argument at the former Gary exist which may necessitate a judge placing Roosevelt High School in March. reasonable restrictions on these activities.
5 March 21 The Judicial Nominating June 12 p Governor Eric Holcomb Commission began public interviews of 20 announced his appointment of Wabash applicants for a vacancy on the Supreme Superior Court Judge Christopher Goff as Court created by Justice Rucker’s pending Indiana’s 110th Supreme Court Justice. retirement. 11 finalists were interviewed in April, after which three nominees were sent June 30 Morgan County joins the to the Governor. Guardianship Registry, bringing the total number of counties on the Registry to 48 May 11 The annual Adult Guardianship with more than 5,300 active cases tracked by Symposium brought nearly 200 judges, the end of the fiscal year. social workers, legislators, and guardians together to discuss promising practices of Justice Robert Rucker holds a memento received during his June 30 The Supreme Court closed the May retirement ceremony in the Supreme Court Courtroom. adult guardianship statewide and in local fiscal year having heard 59 oral arguments, communities. written 73 majority opinions, and disposed of 879 cases. May 12 p Justice Rucker retired after serving more than 17 years on the Supreme Court. Rucker also served on the Court of Appeals for more than 8 years. 150 family members, government officials, and special guests attended a ceremony in his honor.
Justice Christopher Goff speaks to media and others in the Governor's Office after being announced as the 110th Justice of the Court in June.
6 Clockwise from top left: Justice Geoffrey Slaughter and former Chief Justice Brent Dickson chair the Civil Justice Initiative Roundtable in the Supreme Court Conference Room in November; The 17-member Coalition for Court Access' inaugural meeting in the Supreme Court Courtroom in August; Educators listen during a 'Speed Learning' session during the teacher workshop at the State House in August; Nearly 200 attendees listen to presentations during the annual Adult Guardianship Symposium at Fort Harrison Garrison Conference Center in May; An applicant for the 110th Justice position is interviewed by the Judicial Nominating Commission in the Supreme Court Conference Room in April.
7 The five Justices of the Indiana Supreme Court meet nearly every week to discuss cases and administrative matters. Justices In addition, each Justice spends significant time reading briefs, hearing oral arguments, and writing opinions.
CHIEF JUSTICE JUSTICE JUSTICE LORETTA RUSH ROBERT RUCKER STEVEN DAVID BORN 1958 in Scranton, PA BORN 1947 in Canton, GA BORN 1957 in Fort Wayne, IN (Allen County) HOMETOWN Grew up in Richmond HOMETOWN Childhood and 12 years in (Wayne County); 15 years in general legal practice, including Deputy Prosecutor, HOMETOWN Childhood and private practice and 14 years as a trial court judge in in Gary (Lake County) practice in Columbus (Bartholomew Lafayette (Tippecanoe County) County); 6 years in corporate practice and 16 EDUCATION & MILITARY SERVICE years as a trial court judge (Boone County) EDUCATION Purdue University; Indiana University; Valparaiso University Indiana University Maurer School of Law School of Law; University of Virginia School EDUCATION & MILITARY SERVICE of Law; decorated combat infantryman in the Murray State University; Indiana University APPOINTED 2014 as Chief Justice; Vietnam War McKinney School of Law; 28 years of 2012 by Governor Mitch Daniels, Jr. Military Service (RET COL U.S. Army) APPOINTED 1999 by Governor Frank O’Bannon; 1991 to Court of Appeals of APPOINTED 2010 by Governor Mitch Indiana by Governor Evan Bayh Daniels, Jr.
Justice Biographies courts.in.gov/supreme
8 JUSTICE JUSTICE MARK MASSA GEOFFREY BORN 1961 in Milwaukee, WI SLAUGHTER
HOMETOWN Childhood in Milwaukee BORN 1962 in Gary, IN (Lake County) area; newspaper reporter in Evansville HOMETOWN Childhood in Crown Point (Vanderburgh County); 20-year legal career (Lake County); 4 years in Chicago private in government and private practice; state practice; 15 years as a partner at Indianapolis and federal prosecutor and General Counsel law firm (Marion County) to Governor Mitch Daniels, Jr. (Marion County) EDUCATION Indiana University; Kelley School of Business; Indiana University EDUCATION Indiana University; Maurer School of Law Indiana University McKinney School of Law APPOINTED 2016 by Governor Mike Pence APPOINTED 2012 by Governor Mitch Daniels, Jr.
9 Most cases in Indiana are decided by trial courts. Less than 1% of the cases in the state are appealed to the Supreme Court. Cases During the fiscal year, the Court was asked to decide 885 cases.
73 majority opinions 885 879 cases received cases disposed
Cases Received Cases Disposed 14 Three-year comparison Three-year comparison minority opinions 2016 - 2017 885 2016 - 2017 879 2015 - 2016 847 2015 - 2016 900 2014 - 2015 945 2014 - 2015 977 2013 - 2014 995 2013 - 2014 970 59 2012 - 2013 1,012 2012 - 2013 1, 005 oral arguments reduction in attorney discipline 28% cases received over last five years
50 Criminal Cases Received Oral Argument Case Type hours webcasting 58% - Criminal 42% - Civil arguments & events 3% increase compared to previous year Case Search mycase.in.gov
10 Case Inventory An accounting of the number of cases pending at the beginning and end of the year by case types.
Cases Pending Cases Received Cases Disposed Cases Pending JUL 1, 2016 JUL 1, 2016 - JUN 30, 2017 JUL 1, 2016 - JUN 30, 2017 JUN 30, 2017
Criminal 83 486 484 85
Civil 78 244 246 76
Tax 1 6 5 2
Original Actions 2 45 46 1
Board of Law Examiners - 2 1 1
Mandate of Funds - 2 - 2
Attorney Discipline 57 96 93 60
Judicial Discipline - 4 4 -
Total 221 885 879 227
11 Cases Received All cases received by the Supreme Court during the fiscal year, organized by case type.
Received in Detail Criminal Cases Attorney Discipline Matters*
Petitions for rehearing 3 Petitions to show cause for noncooperation 42 Direct appeals, death penalty 1 Verified complaints for Direct appeals, disciplinary action 30 life without parole 5 Affidavits of resignation (tendered Post-conviction appeals, before filing verified complaint) 3 death penalty 1 (including successive requests) Petitions for emergency interim suspension 1 Post-conviction appeals, Notices of findings of guilt (felony)/ non-capital 69 6 (including successive requests) requests for interim suspension All other criminal 407 Notices of foreign discipline/ requests for reciprocal discipline 2 Total 486 Petitions for reinstatement 2 Petitions to revoke probation 2 Civil Cases Petitions to terminate probation 4 Petitions for rehearing 2 Contempt of court proceedings 3 Direct appeals 0 Miscellaneous 1
All other civil 242 Total 96 Total 244 * NOTEWORTHY Additional information on attorney discipline is available on pages 42-43. Mandate of Funds
Mandate of funds 2
Total 2
12 All cases received by the Supreme Court during the fiscal year, organized by case type. Cases Received
Tax Cases 1% Tax Court petitions for review 6 5% All other Total 6 Original case types Actions 11% Judicial Discipline Matters Attorney Discipline Formal disciplinary charges 4
Total 4
State Board of Law Examiners Petitions for review 2 2016-2017 Total 2 55% Criminal 28% Original Actions Civil Original actions 45
Total 45
Total Received 885
13 Cases Disposed All cases considered and disposed by the Supreme Court during the fiscal year, organized by case type.
Disposed in Detail
Criminal Cases Attorney Discipline Matters* Opinions on direct appeals 4 Dismissal on compliance Disbarment 4 Opinions on petitions to transfer 29 15 with show cause order Accepting resignation 5 Opinions on rehearing 1 Terminating noncooperation Interim suspension on Orders on rehearing 2 suspension on compliance 1 finding of guilt (felony) 3 with show cause order Petitions to transfer denied, Reciprocal discipline dismissed, or appeal remanded 446 Dismissal of show cause (suspension) 3 by order proceeding due to other 11 suspension Finding or judgment Petitions to transfer granted 1 1 for respondent and remanded by order Converting noncooperation suspension to indefinite 4 Granting reinstatement 2 Other opinions and dispositions 1 suspension Denying reinstatement 3 Total 484 Private reprimand 1 Revoking probation 1 Public reprimand 6 Terminating probation 6 Civil Cases Suspension with Finding contempt of court 2 automatic reinstatement 3 (after verified complaint) Miscellaneous dismissing Opinions on petitions to transfer 24 or withdrawing action 3 Orders on rehearing 3 Suspension without automatic reinstatement 10 Miscellaneous 1 Petitions to transfer denied, (after verified complaint) dismissed, or appeal remanded 217 TOTAL 93 by order Suspension with conditions/probation 6 * NOTEWORTHY Other opinions and dispositions 2 (after verified complaint) Additional information on attorney discipline is available on pages 42-43. Total 246 Suspension due to disability determination 2
14 All cases considered and disposed by the Supreme Court during the fiscal year, organized by case type. Cases Disposed
Tax Cases 1% Dispositive orders on 5 5% All other Tax Court petitions for review Original case types Total 5 Actions 11% Judicial Discipline Matters Attorney Discipline Opinions and published orders 4
Total 4
State Board of Law Examiners
Petitions for review 1 Total 1 2016-2017 55% Criminal Original Actions 28% Opinions issued 1 Civil Disposed of without opinion 45
Total 46
Total Dispositions 879
15 Cases Heard at Oral Argument Webcasting Statistics Supreme Court staff operated Oral Arguments Heard the webcasting equipment in The Supreme Court heard 59 oral arguments during the fiscal year, including one at Ball State University the Courtroom. Since 2001, and another at Theodore Roosevelt College & Career Academy, Justice Rucker's high school in Gary. the Court has webcast: All arguments were recorded and can be viewed online*, and all but the Lake County traveling argument were broadcast live on the web. The following details the types of cases presented at oral argument: • 757 hours of oral arguments, educational programs, and ceremonies Criminal 10 34% Before transfer decision • 1,039 Supreme Court 10% Before decision arguments webcast Criminal 18 Direct appeals on transfer or from the Courtroom After transfer granted review During this fiscal year, 57 Criminal 6 Direct appeals Supreme Court arguments, five Court of Appeals arguments, Civil/Tax 10 Before transfer/review granted two continuing legal education courses, and three ceremonies Civil/Tax 15 After transfer/review granted were webcast from the Supreme Court Courtroom for a total Total 59 of 50 hours. Two traveling oral arguments were recorded at off-site locations. * 56% After granting transfer or review
Related Article On the Road Again... PAGE 22 Oral Argument Video * Audio only: Traveling Argument in Lake County mycourts.in.gov/arguments
16 Justices took photos and spoke with students and educators prior to the March 2017 traveling argument at Theodore Roosevelt College & Career Academy, formerly Gary Roosevelt High School. Roosevelt alumnus Justice Rucker spoke with many students and area leaders before and after the argument.
17 The Court disposed of 879 cases in fiscal year 2016-2017 and handed down a written majority opinion in Opinions 73 of those cases. Justices also wrote 14 non-majority opinions either agreeing or disagreeing with the majority.
MAJORITY OPINIONS NON-MAJORITY OPINIONS 73 INCLUDING 26 PER CURIAM OPINIONS 14 4% Opinions by Author Majority Opinions All other Majority and Non-Majority By the numbers 15% case types opinion counts by author Attorney OVER Discipline Chief Justice Rush 550 pages of majority 13 Majority | 0 Non-Majority opinions written Justice Rucker Majority Opinions 9 Majority | 4 Non-Majority 2016-2017
Justice David
11 Majority | 7 Non-Majority 10% 3-2 33% Justice Massa Civil 48% 77% Criminal Unanimous 9 Majority | 1 Non-Majority 13% 5-0 or 4-0 4-1 Justice Slaughter Consensus of Opinions The Court is mostly unanimous in its decisions. There are 5 Majority | 2 Non-Majority some split decisions and rare “other” cases in which fewer than three justices were in complete agreement. There were no “other” cases during the fiscal year. Excludes per curiam opinions. Appellate Decisions courts.in.gov/opinions
18 Opinions
Majority Opinions by Author and Type Non-Majority Opinions by Author and Type A breakdown of the number of majority opinions authored by each Non-majority opinions are not dispositive. justice for each case type heard by the Supreme Court. Rush, C.J. J. Rucker, J. David, J. Massa, J. Slaughter, Total
Concurring - 2 - 1 - 3 Rush, C.J. J. Rucker, J. David, J. Massa, J. Slaughter, the Court By Total Dissenting - 1 5 - 1 Civil Transfer 7 3 4 4 4 2 24 7 Concur in Part / Dissent in Part - 1 2 - 1 Civil Rehearing - - - - - 1 1 4
Criminal Direct Appeal 1 1 1 1 - - 4 Total 0 4 7 1 2 14
Criminal Transfer 5 5 6 4 1 8 29
Attorney Discipline - - - - - 11 11
Judicial Discipline - - - - - 3 3 21% 29% Concurring Original Action - - - - - 1 1 Concur in Part/ Dissent in Part Total 13 9 11 9 5 26 73
Non-Majority Opinions 2016-2017
50% Dissenting
19 mycase.in.gov STATISTICS
12.2 million visits to mycase.in.gov during the fiscal year The mycase.in.gov website, a custom case search application using data stored in the state’s Odyssey case management system, has been significantly improved this fiscal year in part to implement recommendations made by the Advisory Task Force on Remote Access to and Privacy of Electronic Court Records and ordered by the Supreme Court. 2,300 new attorney accounts During the fiscal year, the Task Force continued to study the question of how to make documents created in first month available online with current technologies and procedures while preserving confidentiality and of availability balancing privacy concerns. Court filings may contain intimate personal details or information that is confidential by law; others may affect the administration of justice if made readily available online, as in the case of a search warrant or an order suppressing evidence. , To address these concerns, the Task Force developed recommendations about which types of court 1 200 information and documents should be made available online. The Supreme Court adopted several survey responses from users during fiscal year of the recommendations during the fiscal year, including: offering feedback used • July 1 - Access to motions filed by attorneys in appellate cases to improve the site • March 1 – Access to case financial information, including court costs and fees paid/owed • March 10 – Access to orders in some civil case types and all non-confidential documents in expungements that are either pending or were denied 49% • June 3 – Secure access for attorneys to all non-confidential documents in all of users visited public case types the mobile-friendly mycase.in.gov on a The Task Force will continue its work to provide recommendations to the Court as questions phone or tablet regarding court documents and electronic access are considered.
20 Grant Funding BY PROGRAM AND AMOUNT Nearly all Indiana counties received funding for at least one court program during the fiscal year.
Adult Guardianship Program 30 Counties | $879,250
Court Improvement Program 8 Counties | $211,567
Court Interpreter Program 36 Counties | $250,000
Family Court Project 18 Counties | $144,903 Guardian ad Litem/ Court Appointed Special Advocates 81 Counties | $4,458,000
Pretrial Grants 13 Counties | $1,600,000
Problem-Solving Courts 34 Counties | $432,218
Veterans Courts 86 counties received a 10 Counties | $500,000 total of $8,468,813 in grants
21 Court brings oral arguments to Delaware and Lake counties
THE SUPREME COURT In honor of Justice Rucker’s spring is committed to providing an opportunity retirement, the Court traveled to his alma for students to learn about the courts even mater in Lake County in March 2017. if they cannot attend oral argument at the Oral argument was held at the Theodore State House in Indianapolis. The Court Roosevelt College & Career Academy with hears traveling oral arguments twice a year over 300 students from nine local schools to connect with communities around the hearing argument in Danny Sims v. Andrew state and to teach students about the judicial Pappas and Melissa Pappas, a civil negligence process. case. Junior ROTC and National Honor Society students served as greeters and In October 2016, the Court traveled to Ball welcomed alumnus Justice Rucker with State University in Delaware County to enthusiasm. hear argument in Tresa Megenity v. David Dunn, a civil case regarding personal injury After both oral arguments, the Court and negligence. Approximately 1,000 answered questions from the audience, students from 10 local schools filled Emens which provided students and community Auditorium. members an opportunity to develop a deeper understanding of the day-to-day operations and overall role of the Court as well as the Tion Traywick, National Honor Society President from way cases move through the judicial system. Theodore Roosevelt College & Career Academy, smiles after gaveling Court into session.
22 Justice Rucker presents a challenge coin to a National Honor Society student A lawyer presents his case to the Indiana Supreme Court during a traveling argument at Ball State University in October. following a traveling argument in Gary.
A member of the student audience asks a question following a traveling argument at Ball State University. The Indiana Supreme Court listens during a traveling argument at Theodore Roosevelt College & Career Academy in March.
23 Allowing Cameras into Court for National Adoption Day
20 courts in 16 counties across Indiana Advocates, the Department of Child Services, participated in National Adoption Day in and local adoption agencies. Thanks to these November 2016. The festivities allowed partnerships, children received gifts such as families to mark the occasion with pictures blankets, books, and balloons to take back to and videos of the adoption proceedings. their new homes. 160 children joined their forever families at various events across the state. In addition to celebrating the new families, these proceedings help to raise awareness for Yearly since 2012, the Indiana Supreme the children in the foster care system and the Court has issued an order allowing photos value of adoption. Every year approximately and videos of the uncontested adoption 3,600 adoptions take place in Indiana. Since proceedings at National Adoption Day the beginning of National Adoption Day in events in county courtrooms. Since then, 2000, approximately 58,500 children across over 500 children and their new families the country have moved from foster care to from 23 counties have participated. join their forever families.
Allen County Superior Court Judge Charles Left, top to bottom: Judges Jon Webster (Jennings), David Shaheed (Marion) and Magistrate Heather Mollo Pratt reflected, “Each child’s story is unique (Bartholomew) with families and children following and filled with new opportunities for both the adoption proceedings in their respective counties. child and parents.” Opposite, clockwise from top left: Magistrate Andrew Roesener with a family following adoption proceedings in Johnson County; Judge Steven Eichholtz with a family behind the bench in Marion County; Judge Charles Pratt National Adoption Day events involved the and Magistrate Lori Morgan with a family following an adoption proceeding in Allen County; Judge Thomas Busch Children’s Bureau, Court Appointed Special congratulates a newly adopted child in Tippecanoe County.
24 25 On May 12, 2017, Justice Robert D. Rucker During his final weeks on the bench, both retired from the Supreme Court after serving the Indiana House and Senate unanimously 26 years on the appellate bench. Justice passed resolutions thanking Justice Rucker Rucker was appointed as Indiana’s 105th and acknowledging his years of dedication to Supreme Court Justice in 1999 by Governor the courts. During his retirement ceremony, Frank O’Bannon. With his appointment to Governor Eric Holcomb presented Justice the Court of Appeals of Indiana in 1991, he Rucker with the Sagamore of the Wabash, a was the first African American to serve on an symbol of distinguished service to the State Indiana appellate court. of Indiana.
Justice Rucker is one of only a few Indiana Chief Justice Loretta Rush praised Justice members of the American Law Institute and Rucker’s lifetime of court and military previously served as the Chair of the Judicial service, “Justice Robert Rucker has always Council of the National Bar Association. In had the courage and fortitude to protect 2010, the judicial building in his hometown the rights of all, regardless of their state in of Gary was named in his honor—the Justice life. He has the ability to stand in the shoes Robert D. Rucker Superior Courthouse. of any person and understand their plight. In 2015, his alma mater of Valparaiso Law In a word, he has a tremendous sense of School created a lecture series in his name. humanity.” Top: Justice Rucker smiles during his retirement ceremony. Above: Justice Rucker's colleagues look on while he is honored in the Senate.
26 Justice Rucker meets with members of the Herron High School choir following a special performance of 'My Country, tis Justice Rucker shakes hands with Governor Holcomb after receiving the of Thee' during his retirement ceremony. Sagamore of the Wabash during his retirement ceremony.
Justice Rucker and several of his former law clerks gather in the Supreme Court Courtroom for a photo following his retirement ceremony.
27 The Supreme Court is grateful to the many judges, lawyers, and citizens who volunteer their time to increase the effectiveness of the judiciary and provide guidance to the Court. The following individuals served on boards, commissions, and committees during the past fiscal year:
Board of Law Examiners Commission for Disciplinary Commission Judges and Lawyers Scott B. Ainsworth Continuing Legal Education Brian K. Carroll Assistance Program Hon. David R. Bolk Hon. David J. Avery Nancy L. Cross Hon. Tim A. Baker Hon. Barbara Brugnaux Steven M. Badger Molly Kitchell Joseph T. Baruffi Kathryn H. Burroughs Hon. Jennifer L. DeGroote John L. Krauss Tonya J. Bond Jane Ann Himsel April R. Drake Trent A. McCain Hon. Elaine B. Brown Prof. Michael J. Jenuwine Angela L. Freel Andrielle M. Metzel Aimee M. Gong Gary K. Kemper Shontrai D. Irving William Anthony Walker Hon. Stephen R. Heimann Jon Laramore Christina J. Miller Kirk White Ellen F. Hurley Jeffry Lind Dr. Howard Mzumara Leanna K. Weissmann Robert William Jonas Cathleen M. Shrader Hon. Rudolph R. Pyle Hon. Gina L. Jones Shelice R. Tolbert Hon. Terry C. Shewmaker Hon. Marc R. Kellams Charlotte F. Steven A. Spence Cassandra A. McNair Westerhaus-Renfrow Catherine Springer Hon. David T. Ready Michael Yoder Hon. Charles K. Todd, Jr. J. Mark Robinson David D. Sanders Inge Van der Cruysse
28 Judicial Conference Hon. Christopher M. Goff Chief Justice Loretta H. Rush Judicial Qualifications/ Board of Directors Hon. Michael G. Gotsch Hon. Jose D. Salinas Judicial Nominating Hon. Clayton A. Graham Hon. Terry C. Shewmaker Commission Hon. S. Brent Almon Hon. Maria D. Granger Hon. Michael A. Shurn Hon. Craig J. Bobay Charlie Berger Hon. Steven L. Hostetler Hon. William G. Sleva Hon. John E. Broden Lee Christie Hon. Robert E. Hunley II Hon. Gary L. Smith John O. Feighner Hon. Vicki L. Carmichael Hon. Matthew C. Kincaid Hon. Gregory A. Smith Molly Kitchell Hon. John M.T. Chavis II Hon. Kenton W. Kiracofe Hon. Timothy P. Spahr Lynette Long Hon. Marla K. Clark Hon. Michael J. Kramer Hon. Thomas P. Stefaniak Jr. Chief Justice Loretta H. Rush Hon. Dean A. Colvin Hon. Jeryl F. Leach Hon. Mark D. Stoner Dave Tinkey Hon. William E. Davis Hon. Peggy Quint Lohorn Hon. Rhett M. Stuard Rudy Yakym III Hon. Mary Ellen Diekhoff Hon. Gretchen S. Lund Hon. Wayne S. Trockman James Young Hon. Darrin M. Dolehanty Hon. Richard A. Maughmer Hon. Nancy Harris Vaidik Hon. Cynthia S. Emkes Hon. Sally A. McLaughlin Hon. Marianne L. Vorhees Hon. John T. Evans Hon. Gary L. Miller Hon. Joseph P. Weber Hon. Paul A. Felix Hon. Sheila M. Moss Hon. Mary G. Willis Hon. Thomas J. Felts Hon. Thomas Newman Jr. Hon. Bob A. Witham Hon. Peter R. Foley Hon. Timothy W. Oakes Hon. James D. Worton Hon. Kurtis G. Fouts Hon. John A. Rader Hon. Robert W. Freese Hon. David N. Riggins
29 Clockwise from top left: Chief Justice Loretta Rush listens while keynote speaker Colonel Kriste Kibbey Etue addresses Indiana State Police graduates in October 2016; Justice Rucker presents a challenge coin to a National Honor Society student following a March 2017 traveling argument in Gary; Justice Massa speaks at the Indiana State Library during Statehood Day in December 2016; Justice Slaughter meets cadet Slaughter following a March 2017 traveling argument in Gary; Justice David speaks in the Indiana House Chamber as part of CASA Day in March 2017.
30 Clockwise from top left: Justice Massa applauds during Justice Slaughter's investiture ceremony in August 2016; Chief Justice Loretta Rush and Governor Eric Holcomb stand with Justice Goff following his appointment as the 110th Justice in June 2017; Justice David presents Justice Rucker with a gift from the Court during his May 2017 retirement ceremony; The Indiana Supreme Court listens during a traveling argument at Ball State University in October 2016.
31 Members of the Indiana Supreme Court and Indiana Court of Appeals sit among federal judges at the bar admission ceremony in October 2016 at the Indiana Convention Center.
32 34 Office of Judicial Administration 36 Clerk of the Indiana Appellate Courts 37 Fiscal Office 38 Office of Personnel & Operations 39 Supreme Court Services 40 Office of Admissions & Continuing Education 42 Disciplinary Commission 44 Judges and Lawyers Assistance Program 46 Office of Communication, Education and Outreach 48 Court Technology 50 Indiana Office of Court Services 56 Judicial Qualifications/Nominating Commission
33 The working locations of the Supreme Court and agencies. Left: The Indiana State House, which houses the Supreme Court Courtroom, chambers for each Justice, the office of the Clerk of the Indiana Appellate Courts, and the Office of Judicial Administration.Center: 30 South Meridian, which houses most of the administrative offices of the Court.Right: 320 North Meridian, which houses the Indiana Judges & Lawyers Assistance Program (JLAP), to maintain confidentiality.
34 INDIANA SUPREME COURT Office of Judicial Administration
Mary G. Willis Chief Administrative Officer Clerk of the Indiana Fiscal Office Appellate Courts
The Office of Judicial Administration consists of Office of nine agencies, the Office of the Personnel & Supreme Clerk of the Indiana Appellate Operations Court Services Courts, and the Commission on Judicial Qualifications / Judicial Nominating Commission. Attorney Services The Office is overseen by the Office of Admissions & Continuing Education | Attorney Disciplinary Commission Indiana Judges & Lawyers Assistance Program Chief Administrative Officer, who reports directly to the Chief Justice of Indiana and Office of serves as the link between the Communication, Court Technology Chief Justice and the agencies Education and Trial & Appellate of the Court. Outreach
Judicial Ethics Indiana Office Commission on Judicial of Court Services Qualifications / Judicial Nominating Commission courts.in.gov
35 Clerk of the Indiana Appellate Courts Gregory R. Pachmayr, Clerk
The Office of the Clerk of Orders processed for the Appellate Courts the Supreme Court, Court 10,812 orders for the Supreme Court, Court of Appeals, and Tax Court of Appeals, and Tax Court processes incoming filings and 21% 71% 8% outgoing orders and opinions SUPREME APPEALS TAX for Indiana’s appellate courts.
The Clerk’s Office responds HIGHLIGHTS to inquiries from attorneys, 29,592 litigants, and the public; filings processed in 3,698 cases for the During the fiscal year, the Clerk’s oversees the microfilming of three appellate courts Office processed 2,205 opinions and closed cases; and maintains the 10,812 orders. The Office worked Roll of Attorneys, which is the closely with technology staff to roster of attorneys licensed to implement electronic filing, which is practice law in Indiana. 87 now required in the appellate courts opinions processed except for filings that initiate the for the Supreme Court appeal.
The Office distributed over 7,500 courts.in.gov ballots for the election of the 18,551 District 2 attorney member of the active attorneys in Judicial Nominating/Qualifications Related Information Indiana's Roll of Attorneys, Commission and tabulated the results Indiana Supreme Court Cases and Opinions Data PAGES 10-19 maintained by the with the Offices of the Attorney Appellate Clerk's Office General and the Secretary of State.
36 Fiscal Office Aaron V. Hood, Chief Financial Officer
The manages Fiscal Office HIGHLIGHTS the Supreme Court budget and assets, processes financial During its first full year in operation, the transactions and invoices, Court’s unified Fiscal Office (created utilizing and provides accurate, timely existing staff) worked to standardize financial financial information to the processes and coordinate more efficiently with Court and other government other branches of government. Rather than officials. five separate instances of accounting software and two dozen fiscal employees throughout the Court, the central office coordinated fiscal operations for the first time. Budget Breakdown The Office conducted sessions to help staff 49% Other better understand the new processes and Revenue Sources enhance collaboration on budget and grant fund management.
in funding
51% General to House Ways & Means, Senate Fund Appropriations, & State Budget * Excludes funding for payment of local judge Committees resulted in expanded projects courts.in.gov and prosecutor salaries totaling $97.7 million. and programs for the trial courts
37 Office of Personnel & Operations Brenda F. Rodeheffer, General Counsel
The Office of Personnel $ HIGHLIGHTS & Operations provides a 108 million wide scope of services to managed in payroll for During the fiscal year, the Office Supreme Court staff and Supreme Court staff, state initiated supervisor training, agencies, including drafting judges, and prosecutors selected a staff performance internal policies, assisting development program, and made with hiring and disciplinary progress on revamping all staff issues, processing payroll job descriptions to determine the and benefits, reviewing $ 3.8 million market value of specific positions contracts for legality, saved over 10 years with new and work toward achieving better ensuring legal compliance, lease for Court agencies pay equity. security, and continuity of operations for the Court. With the administrative office The Office also provides lease expiring, the Office employment law counsel 276 investigated options and and assistance with consultations to judges and provided an evaluation to the contracts and payroll for all court staff managers on Justices to determine the best state judges. employment issues office location for the next decade. With millions of dollars in savings and a proximity closer to the State House, the 100+ Office secured space at Capitol contracts reviewed Center North for a 10-year lease beginning in 2018. courts.in.gov for legality and form
38 Supreme Court Services Jason W. Bennett, Supervisor of Supreme Court Services
Supreme Court Services HIGHLIGHTS provides legal research, analysis, and drafting of legal Supreme Court Services provided legal advisory and case management functions for the Chief memoranda for the Court; Justice and other members of the Court. Supreme Court Services administered the Court’s weekly manages the Court’s pending conference agenda, oral argument schedule, and case statistical reporting. cases; and maintains the Court’s law library. 248 , legal memoranda drafted 1 579 orders drafted on a variety of topics
729 46 cases overseen, which original actions prepared were presented to the challenging a trial Court for review court's jurisdiction courts.in.gov 150 73,475 Related Information in Indiana Supreme Court Cases requests for information volumes maintained and Opinions Data PAGES 10-19 fulfilled the Law Library, which served 2,211 patrons
39 ATTORNEY SERVICES Office of Admissions and Continuing Education Bradley W. Skolnik, Executive Director
The Indiana Office of NEARLY Bar Exam Success Rate Admissions and Continuing Five-year comparison Education (ACE) provides administrative support to the 13,500 Board of Law Examiners (BLE) DISTANCE CREDITS 73% and Commission for Continuing reported by attorneys 67% 69% 71% 60% Legal Education (CLE).
BLE certifies that all individuals Distance Credits admitted to practice law have Five-year comparison fulfilled the requirements for 14,150 13,500 2016 2015 2014 2013 2012 admission. CLE oversees the 12,100 12,004 11,595 2017 2016 2015 2014 2013 legal education requirements of attorneys, judges and mediators, and maintains a mediator registry. CLE Courses Accredited Five-year comparison
2016 2015 2014 2013 2012 2016 14,083 2017 2016 2015 2014 2013 2015 12,864
2014 13,448
2013 14,591
2012 12,988 courts.in.gov
40 Merging agencies, helping attorneys Test Takers Success Rate Merging agencies Evolution of In January 2017, the Supreme Court legal education created the Office of Admissions and When the Supreme Court established the Continuing Education, merging the two CLE Commission on January 1, 1987, agencies that support BLE and CLE. Indiana became the 18th state to require Each agency retained its own board and that attorneys receive continuing legal commission for advisory purposes; how- education. 30 years later, continuing legal ever, administrative functions are handled All Te st Ta kers education is evolving again with increased from a joint office. The successful tran- demand for distance education courses. sition included an ACE open house in On January 1, 2017, the Court increased March with staff welcoming board and the maximum number of distance credits commission members and the legal com- attorneys may earn in an education cycle munity to the combined office. from six to nine. 60% of all test takers passed Admission on Of the roughly 14,000 total educational 70% of first-time test takers passed examination courses approved by the CLE Commis- sion, nearly 40% were distance education 37% of repeat test takers passed The bar exam is administered twice a year, courses. Attorneys reported almost 13,500 in February and July. During the fiscal year, distance credits, which is a 280% increase 463 out of 771 applicants passed the exam. over fiscal year 2005-2006, when the first distance education credits were available. In January 2017, a group of judges and lawyers provided suggestions to the BLE on possible changes to the exam. Those sugges- tions were provided to the Court for review to ensure continued exam excellence.
41 ATTORNEY SERVICES Disciplinary Commission G. Michael Witte, Executive Director
The Disciplinary Commission is responsible for investigating 30 VERIFIED COMPLAINTS attorney misconduct and Misconduct charges filed by the Disciplinary Commission prosecuting lawyer discipline proceedings. The Commission is primarily a reactive agency that responds to grievances Dismissed Summarily Extension of Time filed by other individuals. Percentage of complaints dismissed Sought by the Disciplinary Commission as having no valid issue of misconduct The Commission is not tax supported; it is funded primarily through the annual registration fee paid by Indiana lawyers in good standing. 82% 2% courts.in.gov
Related Information Discipline Matters Received and Disposed by the Court PAGES 12-15
42 Attorney Discipline Case Highlights Keeping the legal Cases reviewed by the Commission , Complaints submitted profession honest 1 485 (Requests for investigation against attorneys) , Dismissed summarily Changing the rules 1 212 (no valid issue of misconduct) Effective January 1, 2017, the Court approved changes to Admission and Complaints Discipline Rule 23 that overhaul the lawyer discipline process. Revisions include: 273 (investigations) • Authorization to issue caution letters for low-level misconduct • Acceleration of the screening and charging decision process 93 Dismissed after investigations • Acceleration of the non-cooperation indefinite suspension timeline • Mandatory prerequisite conditions for filing a Petition for 7 Caution/Warning letters sent Reinstatement • Application of the formal Rules of Evidence to discipline hearings Sent back (not a commission matter/ • A time limit of one year on the length of an investigation, 32 no attorney listed/illegible) except if the Supreme Court grants an extension of time* Dismissed pending reinstatement * During the fiscal year, the Commission sought an extension of time to complete an 19 (attorney is already suspended) investigation in only 23 cases out of a total of 1,485 grievances. Dismissed as moot Managing Caseload 1 due to death At the end of the fiscal year, there were 72 cases under investigation or being Referred out screened, including two unauthorized practice of law matters. Additionally, there 15 (to JQC/other states) were 39 cases in some stage of litigation, including seven license reinstatement matters. Referred to local bar 4 for investigation
Investigations pending 102 (at the end of the fiscal year)
43 ATTORNEY SERVICES Judges and Lawyers Assistance Program Terry L. Harrell, Executive Director
The Indiana Judges and Services provided to callers Lawyers Assistance Program (Some callers provided with multiple services) BY THE NUMBERS (JLAP) assists judges, lawyers, Education Provided and law students with personal 226 issues—addiction, mental Support Provided 26% health, physical, age-related, increase in calls 181 and other concerns—that have for assistance* the potential to reduce their Scheduled Followup Appointment effectiveness. 110 Case Opened JLAP works to educate the , 84 2 870 bench and bar and reduce attendees at potential harm caused by Referred to Treatment Program 58 presentations impairment. All interactions 64 with JLAP are confidential. Referred to JLAP Support Group 59 Calls for Assistance Referred to JLAP Volunteer Five-year comparison 57 2016 - 2017 298 Assessment Conducted 237 44 2015 - 2016 Referred to 12-Step Program 2014 - 2015 278 29 2013 - 2014 261 2012 - 2013 288 courts.in.gov * Compared to previous fiscal year
44 Confidential and Dependable
Outreach efforts As outreach to newly admitted and young lawyers, JLAP participated in nine Applied In response to recent studies showing law Professionalism Courses around the state students and lawyers under 30 years old reaching over 500 young lawyers and par- experience high rates of anxiety, depres- ticipated in the curriculum for leadership sion, and substance use disorders, JLAP has development programs sponsored by the increased its presence at Indiana’s law schools Indianapolis Bar Association and the Indiana by participating in health fairs, exam stress State Bar Association. relief programs, mentoring programs, and more: • Invited to participate in National spotlight Valparaiso Law School’s During the fiscal year, JLAP staff and com- Professionalism Program mittee members provided information and • Asked to present to Indiana education at the Annual Convention of Attendance University’s Maurer School of the Federal Magistrate Judges Association, The attendee breakdown shows the wide variety Law students of lawyers reached through presentations. National Conference of Bar Presidents, and n National Organizations...... 27% • Installed a permanent display in the American Bar Association’s National the Indiana University’s Robert n Applied Professionalism Courses..... 18% Conference on Lawyer Assistance Programs. H. McKinney School of Law n Law Schools...... 16% library and collaborated on the In addition, JLAP staff presented on three n Court Agencies...... 13% production of a video aimed national webinars sponsored by different n Judicial Groups...... 11% Bar Associations...... 10% at encouraging students with organizations. n mental health or substance use n Other...... 3% issues to seek help n Volunteer Training...... 2%
45 Office of Communication, Education and Outreach Kathryn R. Dolan, Chief Public Information Officer
The Office of Communication, Twitter Posts Education and Outreach 430 Five-year comparison (OCEO) manages media INQUIRIES 2016 - 2017 432 inquiries, public information, 2015 - 2016 383 and opportunities for educators ANSWERED to engage with the judicial Provided answers to members 2014 - 2015 396 of the press regarding a variety branch. 2013 - 2014 349 of court-related topics 2012 - 2013 130 OCEO oversees the Supreme Court’s website, webcasting, and social media accounts; Media Inquires creates and distributes press Five-year comparison releases; and coordinates 2016 - 2017 430 messaging campaigns on a 2015 - 2016 517 432 variety of topics. TWEETS 2014 - 2015 525 2013 - 2014 505 including opinions, transfer dispositions, Indiana Court Times 2012 - 2013 456 articles, and announcements
69 JUDGES ASSISTED Provided assistance to trial court judges for everyday media matters and high-profile cases courts.in.gov
46 OUTREACH to the PRESS & PUBLIC
Traveling Oral Arguments OCEO coordinated two traveling oral arguments during the fiscal year. Student audiences in Delaware and Lake counties were provided the opportunity to witness a Supreme Court oral argument without traveling to Indianapolis.
Getting the word out During the fiscal year, OCEO managed a variety of messaging campaigns to judges, lawyers, court staff, and the public. As the OCEO assisted media in attendance at a press conference for Justice Rucker's retirement announcement. statewide e-filing implementation continued, the Office promoted the ability for lawyers Working with the Press Teacher Workshop to move away from paper and file documents OCEO answered 430 media inquiries during In August, 60 teachers from across the state electronically. The Office distributed weekly the fiscal year and distributed 36 press attended a one-day workshop designed messages to trial court judges, a monthly releases announcing upcoming events and to inform educators about the courts and newsletter to Court staff, and published promoting a better understanding of the improve knowledge of Indiana history and Indiana Court Times, a magazine and blog judiciary. The Office also assisted print and government. Teachers attended an oral on topics of interest to the judiciary. television journalists and photographers in argument, conducted research in the Law attendance at oral arguments. Library, heard about various Court initiatives, Related Article and had the opportunity to visit the Eugene On the Road Again... PAGE 22 & Marilyn Glick Indiana History Center.
47 Court Technology - Trial & Appellate Mary L. DePrez, Director & Counsel for Trial Court Technology Robert A. Rath, Director of Appellate Court Technology
E-Filing County Implementation Progress Justice Steven David Judge Paul Mathias Technology Co-Chairs 58% Statewide by the end of 2018
Court Technology provides support to appellate court E-Filing Statistics staff for day-to-day operations; as of June 30, 2017 % assists the Supreme Court 70 with creating a vision for of newly filed Indiana cases how technology can improve 2.1 MILLION are in the Odyssey CMS court operations and access documents e-filed statewide to justice; develops custom applications for data sharing NEARLY with the public and state , agencies; and supports , 4 200 372 000 tracked using thousands of users across the criminal cases and citations new guardianships the Adult Guardianship Registry state with case management, e-filed into Odyssey e-filing, and other technology needs. OVER 41,000+ $1 million documents e-filed weekly collected for court fees by courts.in.gov tax intercept
48 Advancing justice through technology Paperless Courts Mycase Improvements Implementation of statewide electronic filing Court technology staff continued work on Data Sharing Applications FISCAL YEAR DATA progressed dramatically, adding 44 counties the mycase.in.gov beta site for searching to the e-filing system. At the end of the fiscal trial and appellate cases. For the first time, year, there were 53 counties e-filing, nearly the public can access documents from both NEARLY 20,000 registered users, and over 41,000 appellate and trial courts and search for com- documents filed each week. mercial court cases, and attorneys can sign in 900,000 for enhanced access, all with no fees to the tickets issued using On July 1, 2016, e-filing in the appellate end-user. electronic citation system courts became mandatory. During the fiscal year, 37,767 documents of 111,364 total fil- Other Projects ings in the three appellate courts were e-filed. In addition to continued maintenance and OVER Four new e-filing providers were added, support of over 30 existing data-sharing giving filers nine options: one state-provided 53,000 applications, trial court technology staff free e-filing solution and eight commercial protection orders submitted launched several new applications: providers. to protection order registry • Envisioned as a tool for parents The Odyssey Continues to research potential child care providers, the Child Abuse The principal trial court technology proj- Registry provides access to OVER ect—implementation of the Odyssey case information on criminal cases 770 management system—further expanded with resulting from child abuse and neglect charges. mental health adjudications 20 new courts using the system. By the end reported to FBI of the fiscal year, a total of 263 courts in 61 • The Supervised Release System counties plus all three appellate courts used being piloted in Marion County aggregates critical data in real Odyssey, accounting for 70% of new cases time for probation, community Related Article filed. corrections, and problem-solving A Milestone for Public Access courts in a single application. PAGE 20
49 Indiana Office of Court Services Jane A. Seigel, Executive Director
The Indiana Office of Court OVER Services (IOCS) assists the Supreme Court in its role 250 days of educational as the head of Indiana's opportunities judicial system by developing education, programs, and projects for all courts to NEARLY improve the administration of justice. 670 judicial officers IOCS also supports the Judicial handled 1.5M new cases Conference of Indiana and its Board of Directors, comprised of judicial officers from across Indiana, and provides 53 staff support to multiple certifiedalcohol committees. & drug programs & 84 certified problem- solving courts
$ 8.4 million Related Data in grants given Grant Funding PAGE 21 courts.in.gov to counties
50 ONE OFFICE: FOUR FOCUSES STAD/IJC Merger During the fiscal year, the Court created the Indiana Office of Court Services which is made up of the former Indiana Judicial Center (IJC) and Division of State Court Administration (STAD). The merger created one newly formed office, with four divisions including: Education, Justice Services, Legal Support, and Programming & Projects. The Judicial Conference Board of Directors meets during the Annual Judicial Conference in September 2016. The Education Division helped organize sessions and logistics for the event. IOCS interacts with a diverse population, including: Education Division Legal Support Division • judges The ensures judges The answers legal and judicial branch staff are offered questions; collects trial court/probation • clerks educational opportunities through one-on- statistics; reviews requests for bulk/compiled • probation/community one mentoring, in-person education, online data and public records; and assists courts supervision/court security manuals/benchbooks, discussion groups, and clerks regarding changes to legislation, • problem-solving court teams webinars, and web-based training modules. procedures, and rules. • court alcohol and drug programs The Justice Services Division works with The Programming & Projects Division • juvenile detention alternative initiative (JDAI) teams probation, problem-solving courts, court manages innovative statewide initiatives that alcohol and drug programs, and juvenile protect Hoosiers in need and promote equal • guardian ad litem/court appointed special advocate justice stakeholders to help criminal justice and manages grants that benefit trial programs (GAL/CASA) offenders successfully transition into the courts, litigants, and communities. • adult guardian volunteers community and offer community-based alternative programs for youth. Additional Information • court interpreters Highlights from the four divisions PAGES 52-55
51 Education Division
TheEducation Division ensures that Indiana’s citizens interact with well-trained judges and OVER judicial branch staff. The Division offered more than 250 days of educational opportunities 9,000 in attendance during with more than 9,000 judicial branch 250+ days of education personnel and justice system stakeholders attending an IOCS-facilitated training.
Training 144 IOCS provided over 527 hours of regional hours of instruction on risk assessment tools training for GAL/CASA staff and volunteers, judicial officers, probation officers, certified Left: Allen County Judge Frances Gull addresses attendees at court alcohol and drug staff, problem-solving a New Judges Orientation in January 2017. court staff, JDAI stakeholders, and trial court staff. on cyber security versus cyber insecurity; free New office holders speech and the judicial role; and health care The Education Division also held a one-day 45 candidates for judicial office participated today. Court Improvement Program collaborative in a four-part online e-Candidate School conference for juvenile justice stakeholders, during the 2016 general election process. 49 focusing on helping youth achieve Risk Assessment newly elected or appointed judicial officers permanency. Over 800 probation officers IOCS launched an online recertification attended a two-week orientation program attended an annual meeting and learned about process for probation officers and community focusing on demeanor and courtroom how unconscious processes impact decision- supervision officers trained to administer the control skills, interacting with the media, making when interacting with people. 30 Indiana youth and adult risk assessment tool. conducting jury trials, and civil case judicial officers from across Indiana took part IOCS offered 144 hours of instruction on management. in a graduate studies program, which focused youth and adult risk assessment tools.
52 Justice Services Division
The Justice Services Division provides EBDM support to adult/juvenile probation In September 2016, Indiana was awarded departments and works with over 130 $ continued technical assistance from the problem-solving courts and court alcohol , 500 000 National Institute of Corrections to support and drug programs. The Division helps in grants awarded to the state’s participation in the Evidence- counties identify community-based 10 Veterans Courts Based Decision Making initiative (EBDM). alternatives to secure detention and supports Criminal justice stakeholders and 11 county-level efforts to implement evidence- counties worked to improve outcomes in based practices in sentencing and community 31 counties assisted with pretrial release and other criminal justice supervision. JDAI related activities decision points as part of a pilot program. Participating counties included Allen, Certified Courts Bartholomew, Grant, Jefferson, Hamilton, and Programs Hendricks, Monroe, St. Joseph, Starke, IOCS certified/recertified eight court alcohol Porter, and Tipton. and drug programs and 26 problem-solving courts during the fiscal year. These additions Interstate Compact JDAI brought the total to 53 certified court IOCS administers the interstate compact IOCS assisted 31 counties with JDAI-related alcohol and drug programs and 84 certified for the transfer of offenders in and out of activities, including more than 180 hours of problem-solving courts with an additional Indiana and serves as the intermediary for training and education to more than 1,500 13 problem-solving courts in the planning the return of juvenile runaways. During the participants on topics such as increasing stages. With funding appropriated by the fiscal year, IOCS supervised or processed data literacy, implicit bias, and adolescent Indiana General Assembly, IOCS awarded more than 5,750 adult cases; over 1,000 brain development. The Department of $500,000 in grants to 10 veterans courts, a juvenile cases; and 80 juveniles as runaways/ Correction reported a 42% reduction in type of problem-solving court. absconders/escapees. youth commitments in part due to JDAI.
53 Legal Support Division
Legal Support Division The is responsible Time spent each week researching and for court and probation data collection, 40% answering questions from the judiciary responding to legal questions from trial courts, and monitoring legislative changes affecting the judicial branch. Caseload Assessment Plan Nearly every trial court judge participated Assisting Courts in a four-week time study conducted by IOCS reviewed 40 requests for bulk data; the National Center for State Courts to reviewed 34 public records requests; determine Indiana’s weighted caseload. In recommended approval of approximately September 2016, the Judicial Administration 85 caseload allocation plans; conducted Committee published the results of the 25 onsite county visits regarding storage study, which showed: of records; and updated the Trial Court • 43 counties need additional Administrative Manual for Judges/Clerks. judicial officers • Statewide there is a collective Roughly 40% of each week was spent Indiana Judicial Service Report containing need for about 17 full-time researching and answering questions from information regarding the workload and judicial officers judicial officers, circuit clerks, probation finances of the judicial system. The report The study recommended modifying officers, court and clerk staff, in addition to included information on nearly 670 judicial administrative rules to allow for sharing of internal questions from other court agencies. officers who handled 1.5 million new cases judicial officers across county lines. IOCS compiled and published the online filed during the 2016 calendar year.
BULK DATA PUBLIC RECORDS COUNTY VISITS 40 REQUESTS 34 REQUESTS 25 CONDUCTED
54 Programming & Projects Division
The Programming & Projects Division works $ to ensure equal access to justice through nu- 30,000 500+ merous initiatives focusing on families, chil- grant received by the students helped through dren, victims of domestic violence, and others. Adult Guardianship Office ICLEO Summer Institute The Division provided nearly $6 million in grant funding to counties across the state. As an expert in family violence, civil pro- Promoting Equal Justice tection orders, sexual assault, and criminal In its 20th year, more than 500 minority, Protecting Hoosiers in Need domestic violence, the Family Violence low-income, and disadvantaged students have TheState Office of GuardiansAd Litem and Resource Attorney trained 1,187 judicial of- benefited from the Indiana Conference for Court Appointed Special Advocates awarded ficers, advocates, law enforcement personnel, Legal Education Opportunity’s (ICLEO) grants to 64 certified CASA programs across and other professionals. Summer Institute. 21 ICLEO fellows par- Indiana, whose 4,034 volunteers served 26,762 ticipated in 2016, 60 fellows are currently abused and neglected children (CY16). TheFamily Court Project supported 19 coun- enrolled in Indiana law schools, and 22 gradu- ties assisting 3,500 families in the court system ated in 2017. To improve safety, well-being, and permanen- with document preparation, co-parenting cy outcomes in Children in Need of Services counseling, and court-ordered programming. TheCourt Interpreter Certification Program and Termination of Parental Rights cases, the promoted equal access to the courts for those Court Improvement Program (CIP) award- TheAdult Guardianship Officeawarded with limited English proficiency and those ed 11 grants to support Alternative Dispute grants to 15 volunteer-based programs in who are deaf or hard-of-hearing. Staff pro- Resolution programs, family dependency 30 counties with nearly 300 volunteers that vided court training; maintained a registry drug courts, Adoption Day activities, train- protect 500 vulnerable adults. The Office also of 100+ certified interpreters; assisted with ing, and data collection and analysis. CIP also received a $30,000 national grant to launch in-person and telephonic interpreter services; provided over $13,000 in scholarships and a multidisciplinary supported decision-mak- and awarded 37 grants to counties to fund trained 339 judicial officers and child welfare ing pilot program that creates a spectrum of interpreter services. professionals. guardianship.
55 Indiana Commission on Judicial Qualifications & Indiana Judicial Nominating Commission Adrienne L. Meiring, Counsel
The Indiana Commission on Investigations Judicial Discipline Action Judicial Qualifications/Judicial v. Grievances Breakdown of 22 cases Nominating Commission is a Grievances resulting in a formal investigation seven-member body chaired by Advisory letters (not classified as formal discipline) the Chief Justice of Indiana. 2
The Judicial Qualifications Investigations closed Commission (JQC) provides without prejudice ethical advice to Indiana trial 2 (after judicial officer resigned/retired) judges and investigates and prosecutes allegations of 8% judicial ethical misconduct. Investigation closed (after judge agreed to resign/ never hold future judicial office) The Judicial Nominating 1 Commission (JNC) recruits and interviews applicants for Private Cautions appellate court vacancies, (formal discipline which must be disclosed) selects the Chief Justice, and 7 certifies senior judges. Senior Judges 100 certifications/recertifications Deferred resolution 1 agreement
Investigations pending courts.in.gov 9 (at the end of the fiscal year)
56 Selection of 110 issued public reprimands following arrests for In January 2017, Justice Robert D. Rucker operating a vehicle while intoxicated. One judge announced his intent to retire. JNC solicited agreed to a commission public admonition for applications and interviewed 20 applicants banning the Clerk from the courthouse without in March with 11 finalists being invited back sufficient due process, and another judge faced for a second interview in April. The Chief public disciplinary charges for the same situation Justice submitted three names to the Governor involving the Clerk. At the end of the fiscal year, for consideration (Hon. Vicki Carmichael, the charges were still pending. Hon. Christopher Goff, and Hon. Matthew Kincaid), and on June 12, Governor Eric In the remaining 28 cases, the Commission Holcomb selected Goff to become the 110th required the judge to respond to the allegations Justice of the Indiana Supreme Court. Justice or conducted formal inquiries or investigations. Goff was sworn in on July 24. Six of these cases were dismissed as not establishing ethical misconduct. Judicial Discipline During the fiscal year, JQC considered 418 Advising Judges and complaints alleging judicial misconduct. Judicial Candidates Of those, 385 complaints were dismissed Advisory opinions do not carry the weight of summarily as failing to raise valid issues of law, but they are intended to guide judicial ethical misconduct or were dismissed following officers in handling common ethical dilemmas. informal investigation by JQC staff and a determination that no misconduct occurred. The JQC issued one advisory opinion during the fiscal year. Advisory Opinion One judge was issued a public reprimand #1-17 addresses the use of Twitter and other after an arrest for battery against a public microblogging tools in the courtroom as related Justice Christopher Goff shakes hands with Governor safety official and agreed to resign and never to the Judicial Conduct Rule 2.17 prohibitions Holcomb following the announcement of his appointment as the 110th Justice of the Indiana Supreme Court. seek future judicial office. Two judges were against the broadcast of court proceedings.
57 Definitions
A certified question is a request from a A majority opinion in a case is authored An original action is a request by a party federal court to the Indiana Supreme Court by one justice and approved by two or asking the Supreme Court to order a lower asking for the Court’s opinion on a specific more additional justices who agree with the state court to perform an act required by law matter of Indiana law that the federal court decision and the legal reasoning for it. A or to stop acting in a way the law does not is considering in a pending matter. majority opinion may also be per curiam, allow. meaning “by the court” and not attributed to A dispositive order presents the a specific author. A petition for rehearing is a request decision of the Court in a case, but does not by a party asking the Supreme Court to typically include a detailed explanation of A non-majority opinion is attached reconsider a case it has already decided. If legal reasoning as do opinions. Examples of to a majority opinion or dispositive order the Court denies the petition, the decision dispositive orders include orders resolving and may be concurring or dissenting. In a stands. If the Court grants the petition, then attorney or judicial discipline cases and concurring opinion, the justice agrees with the it issues a new opinion affirming or altering orders denying transfer of cases. majority opinion but adds additional analysis its decision. of the issues. In an opinion concurring in the A petition to transfer is a request by a In a mandate of funds case, the result, the justice agrees with the ultimate party asking the Supreme Court to assume Supreme Court reviews an order by a special result, but disagrees with the majority's jurisdiction over a case already decided by judge that requires the county commissioners reasoning. In a dissenting opinion, the justice the Court of Appeals. to fund court operations or other court- disagrees with the majority opinion and related functions. Mandates of funds are offers different legal reasoning in support of a A verified complaint in an attorney typically ordered when a county executive different result. discipline case is the charging document in branch does not provide adequate funding to which the Disciplinary Commission alleges its local judicial branch. misconduct by the attorney being charged and asks the Supreme Court to impose ap- propriate discipline for the misconduct.
58
Indiana Supreme Court courts.in.gov