2020 FORWARD

The Judicial Conference of ’s Strategic Plan for the Next Decade CHARTING AN APPROACH FOR GREATER ACCOUNTABILITY AND ENHANCED ACCESS TO JUSTICE IN INDIANA CONTENTS

EXECUTIVE SUMMARY 3

PREAMBLE 4

2020 FORWARD 5

I. Security 7

II. Technology 8

III. Clerk Functions 12

IV. Court System Structure 13

V. Judicial Selection 14

VI. Centralized Funding 15

VII. Access to Justice 16

CONCLUSION 19

ENDNOTES 20

Published by the Indiana Judicial Conference Strategic Planning Committee on.in.gov/2020forward EXECUTIVE SUMMARY

2020 Forward: Indiana Judicial Conference Strategic Plan for the Next Decade

The strategic plan for the next ten years, 2020 Forward, re-dedicates those areas of achievement previously attained and sets new goals striving for greater accountability and access to justice. We invite readers to study the details of the plan contained in the body of this document, which are highlighted below.

Security Clerk Functions Centralized Funding

Safety and security in the courthouse must be Clerks are elected officials partnering with the The current approach to fund the court system dramatically improved. Litigants, witnesses, jurors, courts, and we will pursue improvements to clerk is inefficient and unfair. The State pays salaries judicial officers, lawyers, and the public deserve to and court operations, including setting clear lines of and benefits for judges, magistrates, and prosecu- feel safe in the places where they work and seek responsibility. The courts are solely responsible for tors; however, their staff, public defenders, expert justice. Every Indiana county must have a Court their own records and should perform all functions witness fees in pauper defense cases, probation Security Plan that conforms to the Indiana Court- related to those records. officers, interpreters, psychological evaluations, and house Security Minimum Security Standards. other related expenses are paid from local funds Court System with local budgeting determined by county coun- Structure cils. We believe centralized funding will eliminate Technology inequities and increase efficiency. Indiana has a complex judicial system and explain- The Odyssey Case Management System is the ing the jurisdiction of each court is difficult, compli- statewide system for maintaining cases. Court cated, and confusing. We must simplify the current information is available online through the Access to Justice structure. mycase.in.gov application. E-filing allows attorneys To achieve the robust protection of Constitutional and unrepresented litigants to file documents with- rights, Indiana must undertake a serious look at out a trip to the courthouse. Courts are able to con- Judicial Selection race and equity, resources, legal aid, imposition of duct hearings remotely, saving time and promoting fines, and jury selection. Our Constitutional promis- safety. All courts should be consistently using the There are multiple ways a person becomes a es of accessible, prompt, and fair justice, and a jury same technology programs and systems to allow judge in Indiana; adopting more uniform and less of our peers must extend to all regardless of their for efficient access to needed information. partisan methods will inspire greater confidence in financial resources and situation. True access to the judicial system. Indiana should standardize its justice requires the participation of all. judicial selection processes for trial court judges across the state. Counties should be permitted to opt into nonpartisan methods for selecting trial court judges.

3  PREAMBLE

Judicial Conference of Indiana’s Stra- • All eligible judicial officers have now graduated THE tegic Planning Committee has been from the Indiana Judicial College within ten years charged with assessing the future needs of the of commencing judicial service; judiciary from the trial court level since its inception • The continuing education requirement for in 2008. Its first white paper,A New Way Forward, judges was increased 50%; conveyed a blueprint for excellence with a clear mission: • 26 smaller administrative districts with increased collaboration exist for better service to the “To improve our system of justice under public; the rule of law while protecting individual • Courts and clerks have clearer direction on court rights and liberties in a fair, impartial, equally records under Trial Rule 77; accessible, prompt, professional, and efficient • 2015 legislation requires that all city and town manner.” court judges must be attorneys going forward;

The Committee is still committed to the topics • 2016 legislation provides all trial courts with the included in the first white paper, which continues to same jurisdiction; influence conversations and guide improvements • Merit selection was implemented in 2017 for the in the judiciary. Since the Committee’s last pub- Marion Superior Court judges; lished update in 2010, The Next Step to a New Way • The Court Personnel Committee has continued Forward, progress has been made and new proj- to provide court staff training opportunities; and ects undertaken to further the concepts outlined • The Judicial Administration Committee has in the Judicial Branch’s strategic plan, including the undertaken a study on court staff workload and Indiana’s 92 following: needs. counties are organized into 26 The achievements made over the past decade by judicial districts judges and other stakeholders illustrate the value of having a blueprint for excellence.

4  2020 FORWARD

Committee respectfully submits this The process for developing this second paper This process included a survey in September 2017 THE second white paper, 2020 Forward, began in June 2017, long before the global pan- of the Judicial Conference of Indiana Board of to re-emphasize previously identified areas of need demic upended daily life. The Committee reviewed Directors gauging interest in both existing and new and outline new focus areas aimed at achieving our progress made on the original white paper and planning topics, input from the entire judiciary via overall mission. The plan concentrates on charting discussed several new concepts during meetings the Weekly Message on December 6, 2017, and a forward-looking approach to matters of security, held on: presentations at the 2019 District Meetings. The technology, clerk functions, court structure, judicial Committee provided the Board of Directors with selection, centralized funding, and access to justice. June 23, 2017 January 11, 2019 updates in September 2017, March 2018, Septem- August 25, 2017 February 7 and 8, 2019 ber 2019, and September 2020. With the public October 27, 2017 March 8, 2019 health crisis underway, the committee reviewed the January 5, 2018 June 28, 2019 document remotely to ensure the approach was February 16, 2018 August, 16, 2019 sound in light of the crisis and include newfound March 23, 2018 October 18, 2019 approaches to judicial operations. May 11, 2018 November 22, 2019 June 28 and 29, 2018 January 15, 2020 In operating under the standing committee struc- August 10, 2018 February 28, 2020 ture, our committee membership has evolved over September 21, 2018 May 15, 2020 and time due to the expiration of committee members’ November 2, 2018 August 21, 2020 terms and the appointment of successor commit- December 7, 2018 tee members.

to outline important needs of the judiciary.

5  The following judges served as members of the committee at In reviewing additional topics and prepar- pandemic has brought into even greater some point during this most recent process: ing this document, committee members focus the need for our judiciary to con- have talked to fellow judges, represen- stantly look and plan ahead. This White Hon. John G. Baker Hon. Steven L. Hostetler tatives of relevant Supreme Court agen- Paper is intended to be a significant step in Indiana Court of Appeals St. Joseph Superior Court FORMER MEMBER cies, and other members of the Board that direction. of Directors. One or more justices of the Hon. Peggy Quint Lohorn We reaffirm the Constitutional principles Mag. Cristal C. Brisco Montgomery Superior Court #2 regularly attended that Indiana courts stand for all. On June St. Joseph Circuit Court FORMER MEMBER the meetings. Jane Seigel, former Executive Director of the Indiana Office of Court Ser- 5th, Chief Justice Loretta Rush issued a Hon. Michael A. Christofeno Hon. Andrea K. McCord statement on the work facing our courts vices and former Interim Chief Administra- 1 Elkhart Circuit Court Lawrence Circuit Court tive Officer; Hon. Mary Willis, former Chief around race, equity, and inclusion. In sup- FORMER MEMBER Administrative Officer; and Justin Forkner, Hon. J. Terrence Cody former Executive Director of the Indiana Floyd Circuit Court Hon. James B. Osborn We reaffirm the FORMER MEMBER Marion Superior Court Office of Court Services, and current Chief Administrative Officer, also participated. In Constitutional Hon. Steven H. David, Liaison Hon. John R. Pera addition, Michelle Goodman, Staff Attorney Indiana Supreme Court Lake Superior Court, Civil #6 with the Indiana Office of Court Services, principles that FORMER MEMBER and Kathryn Dolan, Chief Public Infor- Hon. Darrin M. Dolehanty mation Officer, Indiana Supreme Court, Indiana courts Wayne Superior Court #3 Hon. Timothy Spahr provided valuable input in this planning Miami Circuit Court process. stand for all. Hon. John T. Evans Harrison Circuit Court Hon. Mark Spitzer Of course, the future which this paper Grant Circuit Court seeks to address has been dramatically port of the Chief Justice’s statement, our Hon. William Fee Steuben Superior Court Hon. Richard R. Stalbrink impacted by the COVID-19 pandemic. For justice system must create meaningful and LaPorte Superior Court #2 example, the proposals concerning tech- lasting improvements, especially relating Hon. Thomas J. Felts nology have now taken on even greater to race and equity. Allen Circuit Court Hon. Mark D. Stoner urgency. Some of the specific steps that FORMER MEMBER Marion Superior Court seemed optimistically, perhaps even wildly, The Committee intends this document FORMER MEMBER aspirational just a few months ago are al- to create discussion and to encourage Hon. Kurtis Fouts ready being implemented throughout our feedback on ways to improve our judicial Carroll Superior Court Hon. Marianne L. Vorhees state and may soon be considered routine. system with special focus on these issues FORMER MEMBER Circuit Court Similarly, the security proposals will from in moving forward with specific proposals. FORMER MEMBER The plan should be used as a guideline Hon. Fran Gull now on implicitly require that courthouse for the future of the judiciary and those it Allen Superior Court and judicial security take into account the health and wellness of those involved in serves—the goals are worth pursuing be- our judicial system. Indeed, the pandemic cause they chart an approach for greater has not made the proposals in this paper accountability and enhanced access to obsolete in any respect. If anything, the justice in Indiana.

6  On August 2, 1998, a pickup truck loaded with Why Should We Change? gasoline and explosives was driven into the Unfortunately, the examples above demonstrate Tippecanoe County Courthouse. Fortunately, that there are very real threats to the large number the resulting fire was extinguished before the of people involved in and with our judicial system explosives ignited. in Indiana. Along with the obvious need for security In June 2007, an attorney was attacked on of judicial officers and court employees, it is unrea- the fourth floor of the Tippecanoe County sonable for the safety of Indiana residents to be I. SECURITY Courthouse by a litigant who was ordered to jeopardized when they visit our county courthous- pay $4,000 in attorney fees resulting from a es. Further, safety and security concerns detract traffic accident case. from the important judicial and administrative work Safety and security for the conducted in those facilities and could affect the On October 19, 2018, two LaPorte County administration of justice. Complacency is not an public and the judiciary must Sheriff’s deputies providing security at the option, and we should settle for nothing less than courthouse entrance were assaulted when continuous improvement of courthouse security. be dramatically improved. an unarmed man entered the courthouse and attacked without warning. Despite their injuries, the deputies were able to Where Do We Want to Be? subdue the assailant with a taser, and he was Given the large number of people who visit our Where Are We Now? charged with two counts of battery on law courthouses for various reasons, and how the enforcement officers, Level 5 felonies. The public deserves to feel safe in the places where current lack of security jeopardizes their safety, they seek justice. Actual threats and attacks against Almost every judicial officer in the state could attest it is imperative that more stringent measures be litigants, witnesses, jurors, judicial officers, and law- to at least one incident of violence or viable threat implemented and enforced. We recommend the yers in Indiana have been too frequent to be listed of violence directed toward that judicial officer or a following: exhaustively. Consider the following examples: close colleague. 1. The Office of Judicial Administration should have On April 14, 1987, a criminal defendant The number of courthouses in Indiana without any a full-time security specialist on staff devoted exploded a bomb in the Howard County meaningful security is concerning and emphasizes exclusively to security issues whose duties Courthouse, killing the bomber, and nearly the need for a detailed review of current policies. should include the facilitation of an overall killing the Howard County Sheriff. Fourteen Approximately one-third of the courthouses do not review of the safety of trial courts in Indiana, others were injured in the blast, two of them have minimal security. While a significant number including incident reporting statistics. seriously. Damage to the courthouse was of courthouses do not conduct searches when a extensive. 2. A database should be created and maintained person enters the courthouse, those that do find within the judicial branch containing information 2 In October 1996, after a divorce hearing, a numerous prohibited items. Administrative Rule 19 concerning all criminal charges and convictions man shot and killed his ex-wife and himself requires each county to have a Court Security Plan, involving threats and acts of violence at Indiana on the steps of the Grant County Courthouse. and the plan should conform to the Indiana Court- courthouses. house Security Minimum Security Standards.

7  3. The Judicial Conference Education Committee protection orders can be issued around the clock. should provide education about security Appropriate court information, such as hearing date and safety at new judicial officer orientation and time, is available to the public, online, 24 hours and present more frequently at judicial and a day through the mycase.in.gov application. Judi- court staff conferences on implementing and cial officers are alerted to active arrest warrants for improving personal and court security. individuals appearing in court, even if the warrant is 4. 36-2-13-5(a)(6) obligates each from another county. Special judges and selected county sheriff to attend and preserve order II. TECHNOLOGY senior judges serving in Odyssey counties are able in courtrooms. Sheriffs deserve to be fully to remotely access case information critical to their resourced to fulfill this statutory responsibility. service, allowing them to review pleadings and fil- Legislation should be proposed and supported ings, send orders to the court reporter, and monitor that would specifically give the Indiana State Courts across the state the status of cases on which they serve, without Police and Indiana Department of Homeland are embracing technology having to call the court or drive to the county being Security authority and responsibility to assist served. county sheriffs in providing for judicial and to better serve court courthouse security. users; expansions and 5. Funding for courthouses to meet security standards should be sought from State and local enhancements are on the fiscal bodies. way. 6. The health and wellness of everyone in our courthouses should remain a critical part of all court security considerations. Where Are We Now? Every Indiana courthouse should be a peaceful, safe oasis from threats of violence so the adminis- Currently, the Odyssey Case Management System tration of justice can be dispensed without impedi- (the statewide system for maintaining cases) is ment. handling 92% of Indiana’s court caseload. Looking ahead, the capacity exists for all trial courts to be using Odyssey in the near future.

Odyssey benefits Indiana’s courts, other govern- ment agencies, and Indiana’s populace. Important case data is promptly and accurately delivered to A recent Odyssey update provides automated text the Criminal History Records message reminders to litigants in criminal cases Information System (CHRIS) and the Bureau of about upcoming court dates. This simple, yet prom- Motor Vehicles (BMV). Odyssey’s connection to ising development, was implemented to reduce the the Protection Order Registry means that crucial number of “no shows,” allowing courts to dispose

8  of cases in a more timely, efficient manner. Failures The ability to pay for the computers, scanners, used by policymakers for purposes of criminal code to appear in criminal cases waste already limited Internet access (bandwidth), and other equipment reform, across all three branches of government. By resources for courts, litigants, and law enforcement. necessary to run Odyssey, and to provide for e-fil- comparison, non-Odyssey counties must manu- ing, as well as the constantly changing technology ally enter all data into the abstract which creates Another major technology upgrade includes the needed for effective audio-visual telecommunica- duplicative efforts. Because Odyssey interfaces with courts’ recent implementation of e-filing. E-filing tion capability, varies widely around the state. While the Indiana State Police’s CHRIS database, the sen- allows attorneys and unrepresented litigants to file the Indiana Office of Court Technology3 furnishes tencing abstract information is imported electroni- documents faster, from remote locations, saving the county with hardware when Odyssey is origi- cally, no longer requiring manual input, and greatly time and money. Courts can rule on motions in nally deployed, the county then bears the cost of improving the integrity and accuracy of the data. minutes rather than days or weeks, and without the scheduled replacements and upgrades of the nec- Incomplete and inaccurate criminal histories are need to print pleadings and orders. essary computers, scanners, and other equipment. contrary to public safety and the effective admin- Technology is rapidly expanding to allow courts istration of criminal justice. Odyssey’s connections to conduct hearings remotely. Private industry has with the DOC and CHRIS database will ensure that used video conferencing for decades, and many cell Having all counties the courts, as well as all policymakers, have as phone users have video calling capability. During the complete, accurate, and reliable criminal history pandemic, Indiana’s courts began utilizing video con- on Odyssey will information as possible. ferencing much more than ever before. Unfortunate- When judicial officers are presented with conflicts  assist all judicial ly, in its current form, Administrative Rule 14 , of interest, special judges and senior judges are “Use of Telephone and Audiovisual Telecommuni- officers in all cases. critical for the fair administration of justice. Cur- cation,” represents a significant barrier to the ability rently, a special judge or senior judge serving a of the courts to use video conferencing as fully and non-Odyssey county has to keep a paper file of effectively as they should in the post-pandemic Finally, with the growing reliance on technology pleadings and orders and relies on fax machines world that will follow. This is because Administrative comes the responsibility to ensure that data and and regular mail to send pleadings and orders back Rule 14 is unnecessarily complicated to navigate records of the courts remain secure. Any plans for and forth. These cumbersome, time-consuming, and restrictive in application. the future require a consideration of how to imple- and inefficient communication methods increase For example, except in certain, specified proceed- ment cybersecurity into any plan for technological the risk of an inaccurate record. Once all counties ings, AR 14 requires the trial court to conduct a advancement. are using Odyssey, those concerns will be abated. “balancing test” before permitting the use of tele- Having all counties on Odyssey will assist all judicial phones and audiovisual equipment during hearings, Why Should We Change? officers in all cases. To illustrate: and to issue written findings and conclusions about that balancing test. As a result, many litigants and Odyssey establishes uniform, accurate records 1. Criminal defendants may have conviction courts have traditionally foregone the opportunities throughout the state. For criminal cases, Odyssey history in other counties across the state. The and advantages of video conferencing or disre- imports existing data to complete the required judicial officer should be able to access those garded the requirements of the rule. Fortunately, a fields of the sentencing abstract. The abstract records, as well as information about pending proposal to amend this rule is under development information is automatically transmitted to the charges and outstanding arrest warrants, when to respond to these concerns. Department of Correction (DOC) and is further making essential decisions from pre-trial release through sentencing.

9  2. Similarly, cases involving children may cross 1. All counties must use Odyssey, the fact that deploying Odyssey lessens the burden county lines. The child may be the subject state case management system. on court staff to send accurate information to the of a contested adoption proceeding in one All counties, including city and town courts, should Criminal History Repository and how this makes the county, while the parents’ dissolution case and use the current state case management system, information in the repository more complete. They associated child support order, is in another. Odyssey. Judicial officers already using Odyssey should be prepared to confirm the benefits of a The judge presiding over the contested should help non-Odyssey colleagues identify and uniform and statewide system. They should explain adoption proceeding should have access to overcome any existing or perceived barriers to the public benefits achieved from the availability of know where the child support order is located, Odyssey deployment. They should describe the Odyssey case information on “mycase.” what orders have been issued regarding benefits to all judicial officers when pleadings and 2. Expand text messaging reminders. parenting time and custody, and other filings are accessible across county lines through- information that will be critical to a proper out the entire state. They should emphasize the The benefits achieved by implementing text mes- resolution of the adoption case. saging reminders should be available in all case 3. The same concerns arise for guardianships types and courts. This program needs to be ex- involving children who are also the subjects panded to continue to aid in the timely processing of related paternity or dissolution cases. In the of cases by avoiding unnecessary delays. Commu- absence of Odyssey, the judicial officer may nication between litigants and attorneys will also be be oblivious to the other-county matters. With enhanced as cases continue toward adjudication. Odyssey, the court has immediate access to exactly that information. Reminder: Hearing on 10/19/2020 at 9:00AM in Tippecanoe Superior Court 4. Where Do We Want to Be? Please plan to attend to avoid a warrant. The effective implementation and use of technolo- Visit mycase.in.gov 79D04-2008- gy are essential to the trial courts’ ability to contin- CM-000001 ue providing efficient and timely service to those who use the court system. All courts should be Text STOP to unsubscribe from court consistently using the same technology programs hearing reminders. Other replies are not and systems to allow for efficient access to needed monitored - please contact the court. information. The ability to leverage the advantages Msg & Data rates may apply. of technology should be uniform and consistent throughout the state. The following five examples are specific areas of improvement. Driven by the opportunities of the Pre-Trial Release Project, Odyssey’s ability to notify litigants about their court hearings via text message should be ex- panded from criminal cases to all cases. It is com-

10  mon practice for people to receive text message latitude in utilizing video conferencing while still While technology can greatly improve court oper- reminders from their doctors, dentists, and other preserving the constitutional rights of litigants. ations, everyone must recognize its variability and professionals. Expanding text reminders should Expanded use of video conferencing will: evolutionary nature. New software and programs reduce the number of litigants who fail to appear commonly and naturally emerge, requiring up- for court hearings and, as a result, should reduce • Facilitate continuity of court operations; dates in computers and storage capacity. The the number of failure-to-appear warrants and body • Enhance public health and social distancing; associated expense often exceeds the modest attachments. Fewer people will be jailed for having • Reduce time off work for litigants and witnesses; means of counties with limited revenues. In order failed to appear, helping with the management of to assist counties in replacing computers, scan- local jail populations. Court cases will resultingly • Avoid security issues associated with ners, and other equipment necessary to operate proceed more efficiently. transporting inmates from jails or the Odyssey, e-filing, and other court technologies, Department of Correction; the Supreme Court should pursue a State-funded 3. Review Administrative Rule 14 on the • Mitigate transportation costs; and program where counties would receive assistance use of technology in court proceedings. • Allow judicial officers to attend committee in updating equipment. Our response to the pandemic has demonstrated meetings remotely. 5. Cybersecurity plans must continue to that we can conduct more court business using 4. Implement a cost-sharing protocol for adapt with changing court technology technology in a fair and efficient manner. AR 14 was court technology needs. needs. temporarily simplified, with the goal of providing flexibility for trial courts to use technology, such Development and implementation of a funding The integrity of electronically stored court records as video conferencing, when appropriate. Judicial plan between the Supreme Court and each Od- must be thoroughly and continuously protected. officers should have the continued ability to use yssey county is needed to address the ongoing Court representatives should regularly coordinate audio-visual technology to conduct hearings in a challenges of replacing hardware, implement- with their IT professionals to ensure cybersecurity way that is constitutionally permissible, does not ing updates in existing software, deploying new needs are addressed. violate litigants’ rights, enhances public safety, and software, increasing storage capacity, and paying becomes more efficient for everyone. To achieve for related technology costs. This plan would this goal, a permanent, more permissive version of allow courts to remain technologically current AR 14 must be enacted to give trial courts greater and reduce the local fiscal impact that often limits enhanced technology implementation.

Judicial officers should have the continued ability to use audio-visual technology to conduct hearings in a way that is constitutionally permissible, does not violate litigants’ rights, enhances public safety, and becomes more efficient for everyone.

11  Litigants often ask the clerks questions, which may Where Do We Want to Be? amount to legal questions requiring informed legal The courts would be responsible for recordkeeping, advice. Litigants, particularly those that are self-rep- information and file maintenance, as well as contact resenting, believe they are talking with “the court” with the public relating to case filings, entries, and when in fact they are talking with a clerk who is not preparing transcripts for appeals. This will eliminate under the court’s direction. Even with the imple- confusion over who is and is not “the court” and mentation of Odyssey and e-filing, the duties and streamline the litigation process. III. CLERK responsibilities of the clerks and court staff contin- ue to vary by county and by court. This option would transfer only limited, specific FUNCTIONS functions to the court and would leave all remain- ing functions with the clerks. Clerks would contin- Why Should We Change? ue to issue marriage licenses, supervise elections, Litigants deserve courts and clerks with clear lines and collect all fines, costs, and other assessments. Clerks deserve tremendous of responsibility. The Committee’s proposed chang- The clerks would continue to handle all functions credit for the advancements es empower the clerks to focus on those functions related to bookkeeping and collecting funds. unique to their office. The courts are solely respon- Allowing clerks to continue to collect funds would courts have made as it sible for their own records and should perform all provide an additional check and balance against relates to technology. functions related to those records. the court records and would insulate the court from handling money. Our partnership with Accountability The Strategic Planning Committee continues to these elected officials should be placed review opportunities to advance this effort now should include pursuing that Odyssey and e-filing are so widely used. We are grateful for the work of the clerks and court improvements to clerk and upon the court staff to get us to this milestone and look forward court operations. and not the clerk. to developing opportunities to further these ef- forts together.

This change would improve efficiency and result Where We Are Now? in one set of policies relating to the court system rather than duplicating effort with the clerk’s office The Indiana Constitution provides for elected clerks and court staff. It would also eliminate ethical of the circuit courts. Clerks customarily handle fees, challenges relating to alleged legal advice provided costs, fines, and revenue; maintain judgment dock- to litigants by the clerk’s office. The court should ets; issue marriage licenses; supervise elections; control its own records and information since the maintain court records and digital information; and court ultimately assumes responsibility for the make entries in certain circumstances. Often a proper recordkeeping and information mainte- litigant’s first contact is with the clerk’s office and nance. Accountability should be placed upon the not the courts. court and not the clerk.

12  The system still permits city and town courts with Caseloads vary from county to county within a non-attorney judges to sentence someone convict- judicial district. Certain cases require a great deal of ed of a misdemeanor to jail. Explaining the juris- specialized knowledge; other cases are very time diction of each court is difficult, complicated, and consuming. These differences may impact the time confusing. Often there is no actual difference. This litigants must wait to have their cases fully resolved. complex judicial system appears quite bewildering. In addition, the programs and services available to We must simplify the current structure. defendants, especially certified problem-solving IV. COURT court programs, often vary from court to court. De- fendants often have limited transportation or other SYSTEM Trial court judge resources that increase barriers to accessing these court resources even if they are just one county STRUCTURE Magistrate away. Some districts have already undertaken steps to share judicial workload and expand access to Full-Time Commissioner certified problem-solving courts, serving as models Indiana has a complex Part-Time Commissioner for other districts. judicial system which Full-Time Referee Probate Court Judge Why Should We Change? appears bewildering; Part-Time Referee The current Indiana court structure remains simplifying the structure will Small Claims Court Judge fragmented and without uniformity. That structure continues to create confusion to those partici- improve the process and City court judge Town court judge pating in the court system. We remain concerned inspire confidence. that non-attorney judges can sentence someone to time in jail, which creates the possibility of an unjust or unlawful outcome. Certified prob- Trial courts often use judges pro tempore, who are lem-solving courts are effective programs that aid licensed attorneys appointed by the regular judges in rehabilitation and should be widely available to Where Are We Now? to perform judicial functions when regular judicial aid in reducing recidivism. The present court structure in Indiana has several officers are not available. To the casual observer levels. At the top is the Supreme Court with five or litigant, this can create the impression that an The courts should continue to encourage county, justices. The Court of Appeals, with fifteen judg- attorney acting as a judge pro tempore has some district, and regional cooperation. Court rules have es divided into five districts, hears intermediate special relationship with the regularly presiding implemented judicial districts; yet, many meet appeals. Indiana also has a Tax Court with a single judge. The outward appearance is problematic infrequently and are not utilized to improve the judge. At the trial level, Indiana has circuit courts, since the judges pro tempore may act as a judge administration of justice. Eliminating inefficient, superior courts, probate courts, and small claim one day and as a lawyer in the same court the next duplicative, and multiple layers of court structure courts. The courts have various judicial officers with day. This is in contrast with senior judges, who are will result in economy and efficiency as well as titles including judge, magistrate, commissioner, not permitted to practice law in courts over which increased public confidence. and referee. Indiana also has city and town courts. they preside.

13  Where Do We Want to Be? ing courts. The workload of the courts within a district should be adequately shared in a way that The current trial court structure should continue litigants can receive court time and decisions in the path of unification to create a more effective a reasonable amount of time. Local rules should and efficient system guided by these four principles: align within their district and document their coop- erative efforts. 1. Two types of judicial officers: Judges and Magistrate Judges. 4. The Judicial Conference Board of V. JUDICIAL By eliminating all other terminology, the public will Directors would serve as a resource for more easily understand our judicial system. Judg- the Office of Judicial Administration and SELECTION es clearly would be answerable for decisions on the Supreme Court on matters relating appeal. Magistrate judges answer to judges. to trial court operations. The Board, through its committees and meetings, 2. Unified Court System for Adjudicative would provide a collaborative forum to communi- There are multiple ways a Purposes. cate and address the needs facing trial courts. Such person becomes a judge All trial courts would have the same jurisdiction and topics would include: same designation. All city and town courts would in Indiana; adopting more be absorbed into the trial courts, with the acknowl- • educational development for judges and court edgement that resources will need to be allocated employees uniform and less partisan in certain counties based upon caseload data. • advancing programs within the judiciary methods will inspire greater All magistrate judges would report to trial court • technology and judges. The use of judges pro tempore would be confidence in the judicial • funding minimized. Senior judges and district administrative system. plans would be better utilized. The Supreme Court, The continued implementation of a unified court Court of Appeals, and Tax Court would continue to structure will enhance public confidence in the judi- operate as they do today. All eligible defendants ciary by better defining the role of each judicial of- should have the legal and therapeutic benefits pro- ficer. Simplicity will lead to greater comprehension Where Are We Now? vided by certified problem-solving courts regardless of our court structure. A uniform, defined structure of where their case is filed. Education of stakehold- The individuals serving as judges come to the and plan for Indiana courts will provide direction ers and the bar on the benefits and value of certi- bench by a variety of ways such as election, ap- for future efficiencies and savings. These proposed fied problem-solving courts should be a priority. pointment, or retention. Indiana counties currently changes will create a streamlined, modern, and select trial court judges through one of six meth- cohesive court structure for Indiana citizens. 3. Unified Court System for ods. Lake, Marion, and St. Joseph counties conduct Administrative Purposes. merit judicial selection; each county has its own statute that governs its selection process. Allen The administrative districts shall continue to func- County and Vanderburgh County select judges tion with greater emphasis on sharing resources, through nonpartisan elections. All other counties assisting fellow judicial officers, and expecting conduct partisan elections to select judges. This cooperation in the field of certified problem-solv- creates a confusing landscape for the public.

14  Why Should We Change? fessional membership services, computer training, Odyssey and INcite applications, research through Indiana should standardize its judicial selection LexisNexis, jury pool lists, jury management system, processes for trial court judges across the state. We jury orientation video, and many other supplemental advocate for the counties to be permitted to opt educational and training functions provided by the into nonpartisan methods for selecting trial court Office of Judicial Administration. Unfortunately, with judges. The judiciary should reflect the demograph- local funding, certain trial courts receive less funding ics of the population it serves. These nonpartisan than others, depending on the amount of resources selection processes better meet the judiciary’s con- VI. CENTRALIZED available to individual county councils. Although the stitutional charge that courts remain independent, power to mandate exists, judges are reluctant to use fair, and impartial. FUNDING that power because its use may create bad feelings with their county council and other agencies. Where Do We Want to Be? The current approach to The current system provides numerous opportuni- We recommend merit selection systems be ties for inequities since resources are not uniformly retained for judges in counties that already utilize fund the court system is distributed. the practice. Where appropriate, other counties inefficient and unfair. should consider moving to a merit selection sys- tem as well. Why Should We Change? Principles of fundamental fairness dictate that We recommend counties without a merit selec- Where We Are Now? all litigants have access to similar programs and tion system adopt nonpartisan judicial elections. services. Current funding sources are inadequate to In these elections, when there are more than two Under the present system, each trial court has a achieve these ends. candidates, each candidate would be on all primary budget which is determined by local county councils election ballots, regardless of the primary voter’s or local governing agencies. The State pays salaries political affiliation. Each voter would vote for one and benefits for judges, magistrates, and prosecutors; Where Do We Want to Be? candidate. The top two candidates would then be however, their staff, public defenders, expert witness on the general election ballot. In contrast, when fees in pauper defense cases, probation officers, Resources will be distributed in a more equitable there are only one or two candidates, no primary interpreters, psychological evaluations, and other manner with centralized funding. The public will election would be held and the candidate(s) would related expenses are paid from local funds with local benefit, particularly in counties without a large tax instead be on the general election ballot, with each budgeting determined by county councils. The sourc- base. The Strategic Planning Committee supports voter voting for one candidate. es of funds for the trial courts are as follows: the aspirational goal that the State should pay all costs to operate the trial courts of Indiana. 1. fines, costs, and fees paid by offenders; 2. local property tax; and The immediate goal would be for the State to 3. certain state funding. allocate funds to the Office of Judicial Administra- tion for distribution to individual courts, based upon State funding and support currently includes court financial need, for probation services, basic tech- alcohol and drug scholarships and grants, drug court nology, and security. We believe centralized funding scholarships and grants, translation services, pro- will eliminate inequities and increase efficiency.

15  Sworn to uphold the Indiana Constitution, mem- 3. Our judicial system requires a compli- bers of the judicial branch are the bulwark against cated web of fines, fees, and costs. infringement of these basic rights. A full and robust The Office of Court Services each year publishes a protection of those rights requires us to undertake lengthy manual to assist judicial officers in imposing a serious look at our resources; the legal aid we a myriad of special costs and fees for different types provide; how we impose fines, fees, and costs; and of cases.5 The system (as well as state, county, and jury selection. local government) depends upon collection of these VII. ACCESS fees to support various governmental functions. Fees Where Are We Now? go to such disparate coffers as the county, state, and TO JUSTICE local general funds, the Safe Schools Fund, the Fish The doors of our courtrooms are unlocked for all, and Wildlife Fund, the State Homeowner Protection but many find the doors hard to open. Unit Account, the Marijuana Eradication Fund, and the Motor Vehicle Highway Account. Indigent parties To achieve the robust 1. Full access to our system remains bear a disproportionate share of costs to support protection of Constitutional elusive to persons of color in our State. the judicial system and other divisions of govern- In her Statement on Race and Equity, Chief Justice ment. If they are unable to pay, they may be cited rights, Indiana must Rush observed: into court. If they fail to appear for a fines and costs undertake a serious look at hearing, they may face incarceration. Some choose “Despite all we have worked to pursue, justice incarceration in Indiana’s overcrowded county jails in 6 race and equity, resources, remains elusive to many persons of color in lieu of fines and costs. While fines and costs can be 7 legal aid, imposition of fines, matters across the legal spectrum. There is a waived, the indigent are not always familiar with the disconnect between what we aspire for in our procedure. and jury selection. 4 justice system and what we have achieved.” 4. Improvements are needed to jury selection. 2. Resources exist in Indiana to assist 8 the indigent in our courts. With the Supreme Court’s 2006 Jury Pool Project, Access to justice for all is secured by the Indiana and the later implementation of Indiana’s Jury Man- Each county has some provision for public de- Constitution in Article 1, Section 12 of the Indiana Bill agement System,9 our jury selection system took fenders in felony criminal cases. A patchwork of of Rights: great steps forward in making jury pools more rep- civil legal aid organizations covers the state. Some resentative of county populations and implementing “All courts shall be open; and every person, entities represent indigent litigants on certain ap- random selection of potential jurors. Barriers still pellate issues. An expectation of pro bono service is for injury done to him in his person, proper- exist that affect the overall appearance rates for po- a component of ethical rules for Indiana lawyers. ty, or reputation, shall have remedy by due tential jurors, which vary by county. A recent Marion course of law. Justice shall be administered County study showed that the areas with the highest freely, and without purchase, completely, and failure to appear rates are the same areas experienc- without denial; speedily, and without delay.” ing poverty-related barriers (lack of transportation, overall lower education levels, unemployment) when compared to the rest of Marion County.10

16  Why Should We Change? navigating civil cases. Yet, Indiana judges still report that indigent litigants struggle to find appropriate le- Constitutional guarantees of accessible, prompt, B gal assistance in matters both simple and complex. and fair justice, and a jury of their peers, must ex- A C tend to all, regardless of race, ethnicity, resources, Insufficient income, race, cultural affiliations, lack location, or circumstances. True access to justice of education, or other circumstances should not requires the participation of all. We have imple- E be barriers preventing full access to Indiana courts. mented programs and policies embodying the Similarly, the right to a trial before a “jury of your best of intentions. Nonetheless, because there are D peers” presupposes that a Hoosier jury panel will barriers to access, and gaps in resources, many still F be constituted of a representative sample of the fall through the cracks. Even more are unaware of community from whence it is drawn. how to best access the system and the resources which are available to them. G Where Do We Want to Be? It remains true that the quality and availability of representation may depend on where the litigant H J The year 2018 was a watershed moment for Indi- resides. In criminal cases, some counties have a I ana’s evaluation of the quality of the state’s access public defender’s office with full-time attorneys to justice. Our Supreme Court led or partnered in staffed per state standards; others do not. While the several initiatives to study, evaluate, and improve state will reimburse up to 40% of the costs of indi- Indiana’s constitutional promise of accessible, effi- cient, and fair courts. Of note was the work of the gent defense in felony cases, only 62 of Indiana’s 92 16 counties seek such reimbursement.11 As such, the L Coalition for Court Access (“CCA”) and the report K and recommendations of the Indiana Task Force funding of indigent defense is largely or entirely a Indiana’s 92 on Public Defense. Those efforts can provide a county obligation. The Indiana Task Force on Public counties are Defense Report found “[m]any Hoosiers who would organized into 12 springboard for a comprehensive rethinking of our qualify for the assistance of a defense attorney are pro bono districts state infrastructure around access to justice. The either unable to access counsel or encouraged to Chief Justice has followed up the work on the CCA represent themselves, even when facing jail time with her Statement on Race and Equity providing a 12 roadmap towards fair and impartial access to our and/or serious collateral consequences.” Thus, Resources for the indigent in civil cases are similarly system for all. availability and quality of representation vary widely spotty. The Indiana Code includes procedures for according to county and court. In addition, Indiana indigent civil litigants to request representation.13 1. Actions must be taken to embed has a Public Defender Council, a Public Defender These statutes leave the cost burden to the coun- equity review in all our efforts to Commission, the Public Defender of Indiana, and 92 ties. Indiana is divided into 12 pro bono districts14 improve access to our justice system. separate county public defender boards, offices, or which are staffed by various organizations with dif- 17 contractual arrangements. Such a system is confus- fering resources. In addition, law school legal clinics, The Statement on Race and Equity provides sev- ing, inefficient, and compounds the inequities. faith-based organizations, and individual attorneys15 eral places to start these key conversations, but donate time and funds to assist indigent people in we cannot stop there. Each proposal and plan to make improvements in our system must include diverse perspectives from all who encounter our system of justice. 17  2. To have significant impact, civil legal 3. Improve legal aid in criminal cases. aid needs to be appropriately funded The availability of high-quality indigent representa- and simple to locate. tion in criminal cases should be consistent across We believe that the following steps should be taken the state. We support the following recommenda- to achieve this end: tions for system improvement: a. Civil Legal Aid Should be a Financial a. State funding for felony and misdemeanor Priority for our State. indigent defense;

The Chief Justice’s 2019 State of the Judiciary Ad- b. A centralized appellate office for indigent dress called for an increase in state appropriation appeals; for basic legal service in the amount of $500,000, c. Optional/voluntary regionalization of public for a total of $2 million. Any serious effort to defense by multi-county agreements, preferably improve access to justice in Indiana requires through use of the existing judicial district the State to make it a priority in its budget. The structure; Supreme Court’s call to attorneys to voluntarily d. Representation at all critical stages of criminal provide services for indigent litigants has been a proceedings; great success, and we should continue to leverage We support the CCA in making civil legal resourc- the generosity of the bar. Still, more is needed to e. All counties complying with Public Defender es easier to find and access. We also support all Commission standards for quality; and close the representation gap. We can support those litigants having access to legal counsel to ensure efforts through incentivizing attorney participation, their individual cases are fully addressed. Further, f. Funding for development of training and organizing the distribution of the services to those standards for indigent defense in all cases, aspirational goals of streamlining intake processes, 19 in need, and building and enhancing systems that sharing resources among diverse providers, and en- including juvenile cases. connect the bar to the needy. However, a system gaging partnerships with law schools, libraries, and In addition, we also believe that a continued review which primarily relies on independent funding in a local bar associations have great merit. The CCA is of all public defender services is necessary to reor- regular budget, rather than the generosity of others an innovative and collaborative resource moving ganize and simplify the process to achieve greater and unpredictable economic factors, is more con- 18 Indiana closer to the goals of civil access to justice. efficiency, productivity, and clarity. sistently stable to provide legal services. At the state level, the judiciary should continue 4. Move away from a system built on b. Aid Should be Easy to Find. to advocate for sufficient financial resources in support of the CCA’s goals. At the local level, courts fines and fees. In 2018, the CCA launched a website, should provide information to litigants on how to Like many states, Indiana has chosen to rely upon indianalegalhelp.org, dedicated to connecting access the CCA website, provide kiosks in court- fines, fees, and costs in the courts system to help indigent people seeking legal help to the resources houses to allow easy access, provide prominent support not only the courts, but a dizzying array that are available. It provides a listing of local civil links to the CCA website on their own court web- of other government functions such as education, legal aid resources, information about financial sites, and engage local libraries in pointing people motor vehicle licensing, and wildlife management. requirements/limitations for access to legal aid, tips toward its resources. Courts are designed to resolve disputes through on selecting an attorney if they do not qualify for peaceful means, not serve as the collection agency no-cost assistance, and forms covering family law and general civil matters that are both fillable and printable. Additional forms will be added. 18  for non-judicial functions.20 Because such fines, a legislative effort to decrease the number and aged to experiment with transportation assistance fees, and costs are disproportionately borne by the amount of fees tacked on to the court process and for jurors through partnerships with public trans- poor, they act as a regressive tax on parties least the simplification of court costs. If court costs are portation providers or ride sharing services. able to pay. The Indiana Code allows non-indigent to fund any unit of government at all, it should only individuals to serve time in jail at a rate of $20 per be the courts. Further, jail should not be used to We know jurors are concerned with timely payment. day in lieu of costs and fines.21 Often many individ- enforce financial obligations, and these statutory Inexpensive technology exists to provide jurors with uals owing fees and fines may not be indigent, but provisions should be repealed. pay on the date their service ends. We support fur- still living on the margin, and the use of these pro- ther investigation of this technology to pay jurors visions could exacerbate their financial condition 5. Even with a comprehensive jury list as timely as possible. by impacting their ability to maintain employment and electronic management systems, While frequent address changes for potential jurors or care for dependents. We have discovered that there is still room for improvement in the do make lists unreliable, most potential jurors have when they do not pay, the indigent could find them- jury selection process. a cell phone. Indiana’s pre-trial pilot project has had selves incarcerated—a practice which harkens back The indigent struggle to maintain reliable transpor- great success implementing a text reminder system to debtor prisons of old. tation, and some have no transportation outside of to increase attendance in criminal cases. Doctors Indiana should adequately fund the justice system public transportation or their own two feet. Even if and dentists have been using text reminder sys- (and all other units of government that rely on they receive a jury summons, unreliable transporta- tems for years to improve patient appearance rates. fines, fees, and costs from the courts). We support tion or financial difficulties may lead to a no-show Similar technology could be available and widely on the first day of trial. Courts should be encour- implemented to similar advantage for jurors.

CONCLUSION

The Strategic Planning Committee acknowledges As stated in our first white paper,A New Way For- justice for all is a massive undertaking. This as- the contributions of all its former committee mem- ward, we hope this vision for the future will encour- pirational framework charts a course for judges bers who have played a significant role in craft- age judges and other stakeholders across Indiana and other stakeholders to improve the delivery of ing our mission and vision for the judiciary while to discuss how we can improve the justice system. justice and inspire public confidence in the courts. continuing to lend their support in the counties Improving security, enhancing technology, clarify- We respectfully submit 2020 Forward as a vision for they serve. We are grateful to our current and new ing clerk and court staff duties, streamlining court what the great people of Indiana deserve from their members who are willing to continue to move the structure, refining judicial selection procedures, judicial branch. justice system forward in better serving all Hoosiers. securing proper funding, and providing access to

19  ENDNOTES

1 https://www.in.gov/judiciary/files/rush-statement-race-equity.pdf (archived at https://perma.cc/J8QH-8SGB); See also: Statement by CCJ/COSCA issued July 30, 2020 - https://ccj.ncsc.org/__data/assets/pdf_file/0029/42869/07302020-Racial-Equality-and-Justice-for-All.pdf (archived at https://perma.cc/SB6L-BQJC) 2 For example, in 2018, the Allen County Courthouse had over 400,000 visitors, and security searches during the same time period yielded 3,686 weapons. 3 Trial Court Technology and Appellate Court Technology were merged effective January 1, 2020 into the Indiana Office of Court Technology. 4 https://www.in.gov/judiciary/files/rush-statement-race-equity.pdf (archived at https://perma.cc/J8QH-8SGB); See also: Statement by CCJ/COSCA issued July 30, 2020 - https://ccj.ncsc.org/__data/assets/pdf_file/0029/42869/07302020-Racial-Equality-and-Justice-for-All.pdf (archived at https://perma.cc/SB6L-BQJC) 5 https://www.in.gov/judiciary/iocs/files/courtmgmt-pubs-trial-court-fee-manual.pdf (archived at https://perma.cc/SP9Q-8D5F) 6 I.C. 35-38-1-18. 7 I.C. 35-38-1-18, 33-37-2-3. 8 https://www.in.gov/judiciary/admin/2645.htm (archived at https://perma.cc/5MWL-J7MR) 9 https://www.in.gov/judiciary/admin/2647.htm (archived at https://perma.cc/3CD3-59SQ) 10 https://citybase-cms-prod.s3.amazonaws.com/3a17ef7206c7419b8a4b9d1bbb359266.pdf (archived at https://perma.cc/5H3X-VV4J) 11 Indiana Task Force on Public Defense Final Report, August 22, 2018, https://www.in.gov/publicdefender/files/Indiana%20Task%20Force%20Report.pdf, page 38. (archived at https://perma.cc/T8LN-MMMJ) 12 Id. at 10. 13 Ind. Code 34-10-1-1 and 34-10-1-2. 14 https://indianalegalhelp.org/wp-content/uploads/2018/03/Pro-bono-district-overlay-map-8.21.17.pdf (archived at https://perma.cc/8RH2-55UP) 15 https://www.in.gov/judiciary/iocs/images/cca-pro-bono-infographic.png (archived at https://perma.cc/9SAK-Y4X8) 16 https://indianalegalhelp.org/ 17 https://www.in.gov/judiciary/files/rush-statement-race-equity.pdf (archived at https://perma.cc/J8QH-8SGB); See also: Statement by CCJ/COSCA issued July 30, 2020 - https://ccj.ncsc.org/__data/assets/pdf_file/0029/42869/07302020-Racial-Equality-and-Justice-for-All.pdf (archived at https://perma.cc/SB6L-BQJC) 18 Services would include GAL, Mediation, expert witness, parenting time coordinators, Child in Need of Services, Termination of Parental Rights, etc. 19 https://www.in.gov/publicdefender/files/Indiana%20Task%20Force%20Report.pdf (archived at https://perma.cc/T8LN-MMMJ) 20 Services would include GAL, Mediation, expert witness, parenting time coordinators, Child in Need of Services, Termination of Parental Rights, etc. 21 https://www.in.gov/publicdefender/files/Indiana%20Task%20Force%20Report.pdf (archived at https://perma.cc/T8LN-MMMJ)

20 