Issue 26.2 SUMMER 2017

INSIDE Canine Mobile app provides guidance Companions on sharing records CASA programs using dogs to ease fears of kids in court BY JAMES F. MAGUIRE | EDITOR | INDIANA COURT TIMES

ARTICLES Photo by Nathaniel Edmunds Justice Robert Rucker 2

Judicial Vacancy Process 6

Race & Gender Forums 9

Information Sharing Guide 10

Legislative Summary 12

Canine Companions for CASA 18 Justice Robert Rucker smiles during his retirement ceremony in the Indiana Supreme Court Courtroom. CASA Day at the State House 22

FAQs: Records Management 26

S.E.A. 120 27

New Judges & Magistrates 27

COLUMNS

SPOTLIGHT Justice Robert D. Rucker retires after Judiciary outreach 8 17 years on the Indiana Supreme Court

BRENDA’S BAILIWICK Age Discrimination ROBERT D. RUCKER In fact, he did work in the steel & Court Employees 16 was born in Canton, Georgia and mills and decided that it was not grew up in Gary, Indiana. The man the life for him. Although his SIDEBAR Hon. Faith A. Graham 20 he most admired was his father, counselor at Gary Roosevelt High Robert Dennis Rucker, Sr., who School discouraged him from even FAMILY VIOLENCE worked hard and taught him the applying to college, he knew that Lethality Assessments, Part Two 24 value of an education. He wanted education was his ticket out. Rucker his son to have the opportunity to also gained strength from one of his work somewhere other than the favorite quotes: Gary steel mills. "It's your attitude, not your aptitude, As the oldest son with three that determines your altitude." younger brothers in what would later become a combined family He enrolled at IU Northwest that included three more boys while working to pay for his and five girls, Rucker grew up in college expenses. One semester he an environment that had many substituted a class that reduced his challenges. He easily could have caseload by one credit hour, making walked down other paths, and many him eligible for the draft. Rucker that would have taken him very far served in the Vietnam War as a from serving on the highest court in member of the Army 1st Cavalry Indiana. Division (Air Mobile), and fought

2 SUMMER 2017 courttimes “It's your attitude, not your aptitude, that determines your altitude.” A favorite quote of Justice Robert Rucker - Originally by Zig Ziglar to relieve Marines who were under siege at Khe Sanh. He was awarded the Bronze Star and a Purple Heart photo Staff while serving his country.

Upon his return home, Rucker re- enrolled in college with the goal of becoming a doctor. He signed up for, and excelled at, the required science courses-chemistry and physics. Then one day he met a young Gary lawyer named Alton L. Gill, a Howard Law School graduate. He was learned, articulate, poised, confident, and impressive in many other ways. That encounter changed the life path, and the future, for young Robert Rucker.

The decades of the 60's and 70's Above: The Justices were turbulent in many ways. Social of the Indiana Supreme activists, fiery orators, and thought- Court prior to a traveling oral argument provoking writers challenged many at Theodore Roosevelt truths that were once self-evident, but College & Career Academy in Lake no longer. One of those writers was County in March 2017. Frantz Fanon, and reading his books was a rite of passage. Rucker read his Left: Justice Rucker shakes hands with best-known: The Wretched Of The former Chief Justice Earth; Black Skin, White Masks; and, Brent Dickson. Dickson and Rucker A Dying Colonialism. Those books were on the Court informed him on a number of issues of together from 1999 until 2016. the day and had a lasting impression. In fact, he has a son named after the writer: the Honorable Fanon Adeyemi Photo by Nathaniel Edmunds Rucker, Judge, Hamilton County Municipal Court in Cincinnati, Ohio. the board of directors of the Indiana the Indiana Supreme Court. He was Trial Lawyers Association as well as the second African-American to serve Rucker graduated from Indiana the Northwest Indiana Legal Services on the state's highest court. The first University (B.A. 1974) and Valparaiso Organization. was Myra Selby who was appointed by University School of Law (J.D. 1976). Governor Evan Bayh. Before retiring, In 1998, he earned a Master of Laws In 1991, Governor Evan Bayh he was the only justice on the court degree in the judicial process from the appointed him to the Court of appointed by a Democrat governor. University of Virginia Law School. Appeals of Indiana. While on the Court of Appeals, he served as vice- Justice Rucker is a member of the Following law school, he served as a chair of the Indiana Commission for American Bar Association, the Deputy Prosecuting Attorney for Lake Continuing Legal Education. Indiana Judges Association, the County, as Gary City Attorney, and Indiana State Bar Association, the engaged in the general practice of law In 1999, Governor Frank O'Bannon in East Chicago. He also served on named Rucker as the 105th justice to CONTINUED ON NEXT PAGE courttimes SUMMER 2017 3 CONTINUED FROM PREVIOUS PAGE

Marion County Bar Association, and the James C. Kimbrough Bar Association, and is a Fellow of the Indianapolis Bar Foundation. Justice Rucker also served as the 2009-2010 Chair of the Judicial Council of the National Bar Association.

During her annual State of the Judiciary address in January 2017, Chief Justice Loretta Rush stated: "His contributions to Indiana's jurisprudence are remarkable. His legal scholarship is innovative and insightful in applying the constitutional values he has sworn to uphold." She added; "Rucker’s opinions have enforced core constitutional values — such as preserving family integrity and community and ensuring access to justice for people with limited English proficiency."

Rush highlighted his opinion in Anglemyer v. State that has been cited For 11 years, the Indiana Supreme Court was comprised of Justices Frank Sullivan, Jr., Robert Rucker, Randall Shepard, Theodore Boehm, and Brent Dickson. In 2010, Justice Boehm retired, beginning a seven-year span where many times throughout the country. Sullivan, Rucker, Shepard, and Dickson also retired. His research and analysis of U.S. and Indiana Supreme Court opinions, U.S. and Indiana constitutional On March 7th, the Indiana Senate returned to his alma mater, now provisions, Indiana statutes and unanimously passed Senate called Theodore Roosevelt College statutory history, and his thoughtful Resolution 38, co-authored by & Career Academy, to hear oral writing brought clarity to Indiana’s President Pro Tem David Long and arguments in the case of Danny Sims sentencing laws. This opinion held Minority Leader Timothy Lanane, v. Andrew Pappas and Melissa Pappas. that when a trial court imposes honoring and thanking Justice About 300 high school students from sentence for a felony offense it Rucker for exemplifying "the utmost nine high schools had an opportunity must issue a sentencing statement integrity during his nearly three to hear the case and participate in a that includes a reasonably detailed decade tenure on the Indiana Court question and answer period. recitation of the trial court's reasons of Appeals and Supreme Court" and for the sentence imposed. "for his immeasurable contributions As reported in the local media: "time to the Indiana Judiciary and legal and again, the crowd of high school Justice Rucker received an extended community." students, local attorneys and judges, standing ovation by everyone in and politicians gave Rucker a standing the audience in the chambers of the The judicial building in Gary, Indiana ovation and repeatedly clapped and Indiana House of Representatives is named the Justice Robert D. Rucker laughed as he responded to questions during the 2017 State of the Judiciary, Superior Courthouse; and, in 2015, and comments." including the Governor, Lieutenant Valparaiso Law School named a Governor, Senators, Representatives, lecture series after him. On March 26th, Valparaiso Law his fellow Supreme Court Justices, School sponsored the Justice Robert Appellate Court and Trial Court To honor Rucker's years of service, D. Rucker Inaugural Lecture at Judges, court staff, friends, and family. on March 9th the Supreme Court Wesemann Hall. His topic was:

4 SUMMER 2017 courttimes "Behind The Scenes – An In-Depth living in a tough economic and social continue serving the judiciary as a Journey Through the Inner Workings environment. Senior Judge on the Court of Appeals. of the Indiana Supreme Court." Although his voice will not be heard If Justice Rucker was not a judge he While Justice Rucker is noted asking questions at oral arguments, imagines that he would probably be and praised for his writing in or in conference with the Justices a college professor teaching courses the Anglemyer v. State opinion discussing cases and other matters of on current social issues or political noted above, the Marion County court, perhaps from time to time one science. His favorite books are non- redistricting case Peterson v. Borst, of his colleagues will ask: What would fiction, and he recently finished "We 786 N.E.2d 668 (Ind. 2003) also Justice Rucker say? Were Soldiers Once…and Young: brings him pride. la Drang--the Battle that Changed In addition to his son, Judge Fanon the War in Vietnam" by Lt. General In that case, Marion County judges Rucker, Justice Rucker and his wife, Harold G. Moore (Ret.) and Joseph L. aligned along party lines to support Dr. Denise Rucker, are also the proud Galloway. Republican City-County Council parents of James Rucker (Marietta, President Philip Borst’s redistricting Georgia), Dawn Rucker Frye He is currently reading "And, We plan over one offered by Democrat (Harrisburg, Pennsylvania), Stephen Must Make Them Noble: A Contextual Indianapolis Mayor Bart Peterson. Shaun Jones (Memphis, Tennessee), History of the Valparaiso University The matter came before the Indiana and Allison Trotter, (Phoenix, Arizona) Law School, 1879-2004" by Michael Supreme Court, which at the time was along with seventeen grandchildren Iren Swygert. comprised of three justices appointed and five great-grandchildren. by a Democrat governor and two While he does not have a favorite justices appointed by a Republican Known for their dashing moves meal or restaurant, he loves anything governor. on the dance floor, Justice Rucker prepared by his wife, Denise, who is believes that their future will likely an excellent cook with a wide range Many expected the court to likewise be filled once more with ballroom of specialties. split on partisan lines and endorse dancing, and time on the golf course. Peterson’s plan. Justice Rucker noted Both Rucker and his wife are avid We wish Justice Robert Rucker much that the opinion was a collective golfers. They also enjoy gardening success and happiness in his days after effort of the Court, which discussed and travel, especially to the Caribbean the Court, and we want him to know the independence of the judiciary where Barbados is their favorite that he will be missed for a myriad of refusing to be drawn into partisan spot. He enjoys fishing and plans to reasons. redistricting wars. The Court drew their own maps that were specifically based on population, not politics. Justice Rucker added: "It was a very proud time, and that’s the one opinion that sort of grabs me to this day.” Photo by Nathaniel Edmunds Justice Rucker brought a perspective to the Court that will be difficult to replace. As an African American, he understood the unique challenges faced in our society by the minority community.

As someone who faced economic hard times, he knew what it was like to suffer because of limited resources. As a citizen of Gary, he appreciated the daily grind of people Justice Rucker accepts the Sagamore of the Wabash from Governor Eric Holcomb during his retirement ceremony.

courttimes SUMMER 2017 5 BY ADRIENNE MEIRING | COUNSEL | INDIANA COMMISSION ON JUDICIAL QUALIFICATIONS AND MARCUS ALAN McGHEE | LAW CLERK | INDIANA COMMISSION ON JUDICIAL QUALIFICATIONS

Photo by Nita Wright

A review of the Judicial Vacancy Process for Indiana’s Next Justice

Justice Robert D. to improve the legal system, their Rucker’s Legacy involvement in any legal proceedings, financial interests, and provide a recent In January 2017, Justice Robert Rucker statement from a physician describing announced his retirement from the Photo by Kathryn Dolan their general physical condition. Indiana Supreme Court. His last day on the Court was May 12, 2017. Appointed Recent Applicant History by Governor Frank O’Bannon in 1999, Rucker was the Court’s longest-serving From 1999 to 2010, the Supreme Court active Justice. As Indiana’s first African- had the longest-serving combination of American Court of Appeals judge justices who had served in the history (appointed in 1991) and its second of Indiana (Boehm, Shepard, Sullivan, African-American Supreme Court Dickson, and Rucker). In 2010, the justice (appointed in 1999), Justice Court began ushering in a new era of Rucker never thought of himself as a justices. On average, the Commission trailblazer. received about 25 applications per vacancy. The Rucker vacancy yielded A candidate is interviewed by the Judicial Nominating 21 applicants - fifteen men and six Nevertheless, he has recognized Commission in April 2017. the importance of a diverse bench. women. Of those, eight were judges. Regarding his successor, Justice Rucker remarked during interviews his hope The Commission’s Charge Interview Process that his successor would be “someone The Judicial Nominating Commission The first round of interviews took who’s well-qualified and brings to the began soliciting applications in place in March, followed by a second table independence of thought, but January 2017. The application round in April. Questions varied some amount of life experience that was akin to most job applications from discussions regarding diversity, gives voice at a table where oftentimes – asking for demographical statutory interpretation, and judicial voices are not heard.” information, education transcripts, restraint, to those focusing on the employment history, writing samples, administrative arm of the court. Justice Rucker’s departure from the professional affiliations, and letters of Following the first round of interviews, Court marks a complete turnover of recommendation. Applicants also had eleven candidates advanced to the next the Supreme Court since 2010. to explain how they have made efforts stage.

6 SUMMER 2017 courttimes Of these applicants, seven had prior Judge Vicki Carmichael interview experience before the Judge Carmichael, grew up in Bloomington, holds a Commission. The eleven candidates Bachelor of Arts from Indiana University Southeast selected for second interviews were: and a law degree from University of Louisville Louis D. Brandeis School of Law. In 1989, she was 1. Hon. Vicki L. Carmichael, appointed the Chief Public Defender of Clark Clark Circuit Court 4* County’s first unified public defender office. In 2000, she became the judge for the 2. Hon. Peter R. Foley, Jeffersonville City Court, which was a role she held Morgan Superior Court 1 until 2006. In 2007, Carmichael transitioned into her new role as Judge for Clark Circuit Court No. 4. 3. Hon. Christopher M. Goff, Wabash Superior Court 4. Hon. Maria D. Granger, Floyd Superior Court 3* 5. Ms. Elizabeth C. Green, Judge Christopher Goff Indianapolis, Indiana* Judge Goff, a Wabash resident, holds a Bachelor of Arts, summa cum laude, from Ball State 6. Ms. Leslie C. Henderzahs, University and a law degree from Indiana University Fishers, Indiana Maurer School of Law. He began his judicial career in 2000. His legal career includes previous service 7. Hon. Steven L. Hostetler, as a Title IV-D Commissioner in Wabash Circuit St. Joseph Superior Court* Court and as a public defender for Huntington 8. Hon. Matthew C. Kincaid, County. In 2005, he was appointed Judge of the Boone Superior Court 1* Wabash Superior Court. 9. Mr. William N. Riley, Indianapolis, Indiana 10. Mr. Peter J. Rusthoven, Indianapolis, Indiana* Judge Matthew Kincaid Judge Kincaid, born in Lebanon, holds a Bachelor 11. Rep. Thomas W. Washburne, of Arts from DePauw University where he was Evansville, Indiana* the Rector Scholar, and a law degree from * Applicants who had prior experience applying Loyola University (Chicago) School of Law. In with and interviewing before the Commission 2003, he began his judicial career as a judge for Boone Superior Court I. During his tenure, he has contributed to the Civil Benchbook Committee, the Final Three Nominees Civil Jury Instructions Committee, the Criminal Jury Instructions Committee, and the Indiana Housing In April 2017, the Commission and Community Development Authority’s Mortgage selected Clark Circuit Judge Vicki Foreclosure Assistance Project. Carmichael, 54, of Jeffersonville; Wabash Superior Judge Christopher Goff, 44, of Wabash; and Boone Superior Judge Matthew Kincaid, 46, of Lebanon as the nominees for the Indiana Supreme Court. Judge Goff The Final Decision was a finalist for the Court of Appeals On April 26, the Commission submitted a brief report of each nominee’s of Indiana in 2015; Judge Kincaid qualifications to the Governor for his consideration. The Governor has 60 was a finalist for the Indiana Supreme days to appoint the next justice or the responsibility reverts to the Chief Justice Court in 2016; and Judge Carmichael of Indiana. This will prove to be a difficult decision to make as each of these applied for the Indiana Supreme high caliber applicants has demonstrated a dedication to the Indiana judiciary. Court in 2010 and 2016. The Court eagerly awaits its newest member.

courttimes SUMMER 2017 7 SPOTLIGHT Justice Steven David speaks at IU McKinney commencement

This year’s Indiana University Robert H. McKinney School of Law commencement ceremony featured a keynote address from Indiana Supreme Court Justice Steven David. Justice David spoke during the May 13 event at the Indiana Convention Center.

Photo by Shaun Lynn Dankoski Photo by Shaun Lynn Justice David graduated from IU McKinney in 1982 before beginning active duty in the United States Army Judge Advocate General’s Corps until 1986. Justice David continued his military career on reserve duty until 2010, when he retired as a colonel. His civilian legal practice included work in private practice and as the Boone

Justice Steven David speaks during the Indiana University Robert H. McKinney School of Circuit Court judge, a position he held until he was Law commencement ceremony on Saturday, May 13. appointed to the state’s highest court in October 2010.

Judge Robert Freese leads Civil Air Patrol cadets at Statehouse

In February, Hendricks Superior Court Judge Robert Freese organized and led 30+ Civil Air Patrol (CAP) cadets to the Indiana Statehouse where they served as pages for the Indiana House of Representatives. Submitted photo It was a rewarding learning experience for everyone involved.

Judge Freese serves as a Lieutenant Colonel with the Civil Air Patrol of the United States Air Force Auxiliary. He also serves as Indiana Wing Vice Commander, Assistant Legal Officer, and Legislative Squadron Commander.

Lt. Col. Robert Freese, the Indiana Wing Vice Commander, and Civil Air Patrol Wing Commander for Indiana Philip Argenti with Chief Justice Loretta Rush at the Indiana State House.

8 SUMMER 2017 courttimes BY ASHLEY ROZIER | STAFF ATTORNEY | INDIANA OFFICE OF COURT SERVICES Forums discuss race and gender fairness in the judicial system The Indiana Commission on Race and Gender Fairness embarked on a series of community forums in five cities throughout Indiana. The Commission

held these events between February Photos by Ashley Rozier 27 and March 16, 2017 in Gary, Evansville, Indianapolis, Lafayette, and Fort Wayne.

The forums were open to the public and were attended by legal professionals, community leaders, and other engaged citizens. Attendees participated in small group discussions about improving the status of race and gender Top: A discussion takes place at a forum on race and gender fairness in Indianapolis. fairness in the legal system within their community. A facilitator and scrivener moderated the conversation and recorded all responses. “The forums are about listening to The Commission previously held each community and community forums in 2001 and engaging citizens in 2010, which were instrumental in the creation of the Court Interpreter developing solutions” Program that provides training and Myra Selby, Chair, certification for court interpreters. Indiana Commission on “The forums are about listening Race and Gender Fairness to each community and engaging citizens in developing solutions” Chair Myra Selby explained. The Commission will review all the data is to to study the status of race and obtained during the forums and gender fairness in Indiana's justice develop recommendations for the system and investigate ways to Indiana Supreme Court. improve race and gender fairness in the courts, legal system, and state and The Indiana Supreme Court created local government, as well as among Commission members Andrew Klein, Dean, Indiana University McKinney School of Law, and Lun Kham the Commission in 1999 through legal service providers and public Pieper, Marion County Prosecutor, following a race and Administrative Rule 4 (C). Its mission organizations. gender fairness forum in Indianapolis

For additional information on the Commission, please contact Ashley Rozier at 317-232-2542, or [email protected]

courttimes SUMMER 2017 9 BY RUTH D. REICHARD | FAMILY VIOLENCE RESOURCE ATTORNEY | INDIANA OFFICE OF COURT SERVICES AND LESLIE S. DUNN | STATE DIRECTOR, GAL/CASA | INDIANA OFFICE OF COURT SERVICES

Mobile app provides guidance on sharing children’s records

Do you know how to obtain children’s educational, court, or health records? Do you know under what circumstances you can share these records with others? There is a mobile app to help you with these complex questions: the Information Sharing Guide.

The Commission on Improving the Status of Children’s Data Sharing and Mapping Committee asked these and other questions in a 2015 survey to child welfare stakeholders. Most participants agreed on the need to obtain information on children in order to gain a full understanding of the child and to allow them to meet the needs of children and families.

However, many participants lacked a clear understanding about confidentiality laws such as “HIPAA” (Health Insurance Portability and Accountability Act) and “FERPA” (Family Educational Rights and Privacy Act). When may they share information with other entities who are working with the same children and families? When may they only share information after obtaining a release or a court order? Many survey participants reported that they seek to obtain, or share, information based on existing relationships.

They more often share information if they have a regular working relationship rather than based on a solid understanding of the law.

10 SUMMER 2017 courttimes Goals of the Additional Resources App and Website - Provide guidance to To find the app for Apple (iOS) devices, go to the App Store and search for the those in the field as to term “Information Sharing Guide” what, when, and how tinyurl.com/information-sharing-guide information can be shared Download the app:

- Ensure consistency in To find the app for Android devices, go to the sharing of information the Google Play store and search for the term “Information Sharing Guide” - Facilitate the timely Download the app: tinyurl.com/information-sharing-guide-gogl exchange of information between agencies working with children and families Desktop version of the app: publicaccess.courts.in.gov/isg/

Links to these resources available online: in.gov/children

Many survey participants reported that they seek to obtain, or share, information based on existing The ISG is a 200-page white paper and parents. They then select the relationships. They more often share containing a summary of various areas information needed from a list of the information if they have a regular of law regarding the confidentiality most commonly requested records. working relationship rather than of children’s records. The experts The app identifies if the record is based on a solid understanding of working on the ISG wanted to make readily available, or if a court order or the law. Unless there is an existing this information readily available to release is needed. The app also contains relationship, there are usually delays workers in the field, such as teachers, sample consent forms, definitions that create less-informed decision- probation officers, police officers, and for various child-related acronyms, making and other results detrimental Department of Child Services family frequently asked questions, links to children and families. case managers. The ISG is a user- to legal resources, and other useful friendly mobile app that is accessible information about sharing records. Because of these challenges, the Data without an internet connection, after Sharing and Mapping Committee downloading. The Indiana Attorney General’s office gathered a group of subject matter reviewed the content of the white experts to develop an Information Users simply download the app paper for accuracy and endorsed the Sharing Guide, or ISG, to assist and select the child-serving entity ISG. Casey Family Programs provided various agencies and individuals who they represent, including education, grants to fund the legal research for need to obtain or share records about healthcare, DCS, GAL/CASA, the ISG and the development of the children. Courts, probation, law enforcement, mobile app.

For additional information on the ISG or mobile app, please contact Ruth Reichard at (317) 233-0784, or [email protected]

courttimes SUMMER 2017 11 COMPILED & CONDENSED BY AMANDA WISHIN | RESEARCH ATTORNEY | INDIANA OFFICE OF COURT SERVICES

istock.com/AndreyKrav

INDIANA GENERAL ASSEMBLY

New crimes/increased intoxicated when the driving privileges of Level 5 felony: to possess, manufacture, criminal penalties: the vehicle operator are suspended under sell, or deliver armor piercing ammunition. the habitual traffic violator law. Person (H.E.A. 1095, P.L. 133 – effective July 1, Level 1 felony: neglect of a dependent who fails to comply with the duties of the 2017) with a mental or physical disability. operator of a motor vehicle involved in an (S.E.A. 246, P.L. 263 – effective July 1, accident commits a separate offense for Level 6 felony: a person illegally or 2017) each person whose serious bodily injury unlawfully present in the United States or death is caused by the person’s failure and knowingly or intentionally possesses Level 1 felony: causing serious bodily to comply and the court can impose a firearm commits unlawful possession of injury to any person other than the consecutive terms of imprisonment for a firearm by an alien. (S.E.A. 344, P.L. 63 defendant during a robbery of a pharmacist each count. (S.E.A. 479, P.L. 123 – – effective July 1, 2017) acting in an official capacity or a pharmacy. effective July 1, 2017) Level 2 felony: (1) the use of a deadly Level 6 felony: to access with intent weapon; or (2) causing bodily injury to any Level 4 felony: person who knowingly to view a photograph or other pictorial person other than the defendant during the or intentionally manufactures or finances representation that depicts or describes robbery of a pharmacist acting in an official the manufacture of methamphetamine. sexual conduct by a child who the person capacity or a pharmacy. Level 4 felony: Specifies circumstances under which knows is less than 18 years of age or who taking of a controlled substance from a the crime is a Level 3 or Level 2 felony. appears to be less than 18 years of age. pharmacist acting in an official capacity or The offense of possession of a precursor (H.E.A. 1091, P.L. 132 – effective July 1, a pharmacy; is robbery. (H.E.A. 1540, P.L. by a methamphetamine offender 2017) 202 – effective: July 1, 2017) (which prohibits the possession of pseudoephedrine or ephedrine without Level 6 felony: person who falsely Level 2 or Level 3 felony non- a prescription by persons convicted of claims to be the parent or legal guardian suspendible: dealing in heroin if the certain offenses) applies to a person who or custodian of a pregnant minor with person has a prior felony conviction. has been convicted of a drug related intent to circumvent parental notification Sentence enhancements are applicable if felony. (H.E.A. 1406, P.L. 252 – effective requirements for an abortion. (S.E.A. 404, a certain quantity of heroin is sold within July 1, 2017) P.L. 173 – effective July 1, 2017) a 90-day period. (H.E.A. 1406, P.L. 252 – effective July 1, 2017) Level 5 felony: if strangulation is For operating a vehicle while intoxicated, knowingly committed against a pregnant increases the number of community Level 4 felony: vehicle operator that woman. (H.E.A. 1406, P.L. 252– effective service hours required by Ind. Code causes the death of another person when July 1, 2017) 9-30-5-15(a) to 240 hours and Ind. Code

12 SUMMER 2017 courttimes 9-30-5-15(b) to 480 hours. (H.E.A. 1001, offense. (2) Public safety remote A person placed on lifetime parole who P.L. 217 – effective July 1, 2017) aerial interference. (3) Remote aerial violates a condition of parole involving a voyeurism. (4) Remote aerial harassment. child or a victim commits criminal parole Misdemeanor: distributing synthetic urine The offenses are Level 6 felonies if the violation by a sexual predator. (S.E.A. 38, or an adulterant with the intent to assist accused person has a prior unrelated P.L. 95 – effective July 1, 2017) a person in defrauding a drug screen. conviction for the same offense. (S.E.A. (H.E.A. 1104, P.L. 134 – effective July 1, 299, P.L. 107 – effective July 1, 2017) A sex or violent offender cannot expunge 2017) a misdemeanor conviction. (S.E.A. 38, Class C infractions: (1) retailer who P.L. 95 – effective July 1, 2017) A person commits criminal mischief knowingly or intentionally sells e-liquid if the person recklessly, knowingly or to a minor or fails to verify the age of a intentionally damages property while person less than 27 years of age and Ind. Code 35-35-3-3(b)’s provision manufacturing or dealing in a controlled sells the person e-liquid. (2) person that a felony plea agreement, the substance. (H.E.A. 1406, P.L. 252 – who knowingly or intentionally makes presentence investigation for it, effective July 1, 2017) a delivery sale of e-liquids to a minor and the hearing are not part of “’the official record of the case” unless Level 5 felony: if a person interferes commits a (3) person who knowingly or the court approves the agreement with a witness during the investigation or intentionally ships e-liquids without first was repealed. This does not affect pendency of a domestic violence or child making a good faith effort to verify the age Ind. Code 35-38-1-13; presentence abuse case. (H.E.A. 1406, P.L. 252 – of the purchaser of the e-liquids. (S.E.A. investigation reports remain effective July 1, 2017) 1, P.L. 206 - effective April 27, 2017) confidential. (S.E.A. 120, P.L. 50 – Level 5 felony: the penalty for receiving Changes to criminal law: effective April 13, 2017) stolen auto parts if the person has a prior A person convicted of a Level 6 felony Trial court is no longer required to conviction for this offense or for auto theft. can be committed to the Department of advise a convicted defendant of (H.E.A. 1406, P.L. 252 – effective July 1, the earliest release date and the 2017) Correction if: (1) the commitment is due to the revocation of the person’s sentence for maximum possible release date at Makes cemetery mischief: (1) a Class violating probation, parole, or community the time the court pronounces the A misdemeanor if the pecuniary loss is corrections and the revocation of the defendant’s sentence. The court less than $750; (2) a Level 6 felony if the person’s sentence is due to a new criminal is now required to advise certain pecuniary loss is at least $750 but less offense; or (2) (a) the person is convicted of convicted defendants of the number than $50,000; and (3) a Level 5 felony if the a Level 6 felony and the sentence for that of days the defendant served while pecuniary loss is at least $50,000. (H.E.A. felony is ordered to be served consecutively awaiting trial and sentencing. (S.E.A. 1406, P.L. 252 – effective July 1, 2017) to the sentence for another felony, or (b) the 120, P.L. 50 – effective April 13, 2017) person has received an enhanced sentence Increases the penalty for contributing under IC 90-30-15.5-2 and the person’s More about S.E.A. 120 PAGE 27 to the delinquency of a minor: (1) to a earliest possible release date is more than felony of the same level as the delinquent three hundred sixty-five (365) days after the act committed by the child, if the child date of sentencing. (H.E.A. 1010, P.L. 7 – For offenses with a penalty that may be commits an act that would be a felony if effective March 29, 2017) enhanced due to the value of the property committed by an adult; and (2) to a felony involved in the offense: (1) all offenses one level higher than the level that the Every person arrested for a felony after committed within a 30-day period may be delinquent act would be if committed by December 31, 2017 is required to submit charged in a single count; and (2) if the an adult, with the exception of murder a DNA sample by buccal swab. (S.E.A. offenses are charged in a single count, or a Level 1 felony, if the person who 322, P.L. 111 – effective July 1, 2017) the value of the property involved in the commits the offense is at least 21 years Requires a sexually violent predator offenses may be aggregated. (S.E.A. 190, of age, the child is less than 16 years of P.L 166 – effective July 1, 2017) age, and the child commits a delinquent released on lifetime parole to be placed act that would be a misdemeanor or on 24 hour GPS monitoring, subject A person must have accumulated at felony if committed by an adult. (H.E.A. to a sex offender risk assessment least one of the required number of prior 1406, P.L. 252 – effective July 1, 2017) and funds specifically appropriated to unrelated felony convictions within 10 the Department of Correction for this years of committing the current offense Class A misdemeanors: (1) Sex purpose. (S.E.A. 38, P.L. 95 – effective offender unmanned aerial vehicle July 1, 2017) CONTINUED ON NEXT PAGE

courttimes SUMMER 2017 13 CONTINUED FROM PREVIOUS PAGE to be sentenced as a habitual offender an electronic record bearing an electronic action. (H.E.A. 1218, P.L. 86 – effective (other than for a conviction of a Level 1 signature is admissible in a proceeding July 1, 2017) through Level 4 felony or murder). (H.E.A. involving the operations of a vehicle 1064, P.L. 12 – effective July 1, 2017) while intoxicated and constitutes prima Juvenile prostitution is an act by a person facie evidence concerning the equipment less than 18 years of age that would be Requires bond forfeiture, not earlier than used in administering a breath test, the the crime of prostitution of committed by 120 days or later than 365 days after technique used in administering the an adult. (H.E.A. 1218, P.L. 86 – effective the defendant’s failure to appear, of a breath test, or the certification of the July 1, 2017) bond executed through cash or securities operator who administered the breath The Department of Child Services bill deposited with the clerk of court. (H.E.A. test. (S.E.A. 37, P.L. 38 – effective July 1, 1137, P.L. 187 – effective July 1, 2017) makes numerous changes including 2017) clarifying that a CHINS or delinquency New civil actions: Criminal history information concerning court can modify a child custody, an employee or former employee parenting time or child support order in Consumer deceived by a pyramid may not be introduced in a civil action either a dissolution or paternity case. promotional scheme. (S.E.A. 283, P.L. based on the employee’s or the former (S.E.A. 447, P.L. 183 – effective July 1, 105 – effective July 1, 2017) employee’s conduct except under limited 2017) circumstances. (S.E.A. 312, P.L. 210 - Property owner may sue electricity Removes a rebuttable presumption effective July 1, 2017) supplier for damages for a decrease [amending language found in H.E.A. in value of the property owner’s real A court may not award attorney’s fees in 447] that a child is a child in need of property caused by the attachment a class action suit against the state until services if a child is born with fetal or installation of communications a hearing is held. (H.E.A. 1491, P.L. 256 - alcohol syndrome, neonatal abstinence infrastructure. (S.E.A. 478, P.L. 236 – effective July 1, 2017) syndrome, or any amount of a controlled effective July 1, 2017) substance or legend drug in the child’s Family and juvenile body and there is evidence that a child’s New immunities: mother used a controlled substance or Person who forcibly enters a motor law changes: legend drug during pregnancy. (H.E.A. vehicle to remove a domestic animal is It is a defense to a claim of neglect of a 1342, P.L. 249 – effective July 1, 2017) responsible for only one-half of the cost of dependent if the individual left the child A defendant less than 18 years old whose repair and is immune from all other civil or with a person who is an emergency case is either waived from juvenile court criminal liability for other property damage medical services provider or in a newborn to adult court or directly filed in adult court resulting from the forcible entry under safety device that meets the specified may be eligible for mental health and certain conditions. (H.E.A. 1085, P.L. 186 requirements. (S.E.A. 246, P.L. 263 – – effective July 1, 2017) effective July 1, 2017) addiction forensic treatment services. (H.E.A. 1006, P.L. 243 – effective July 1, Caregivers and patients on the State A permanency plan must be filed 2017) Department of Health registry have simultaneously with a petition for immunity to use and possess cannabidiol termination of a parent-child relationship. Adoption changes: (S.E.A. 49, P.L. 42 – effective July 1, for the treatment of epilepsy. (H.E.A. A grandparent of a child sought to 1148, P.L. 188 – effective April 26, 2017) 2017) be adopted is entitled to notice of Criminal convictions of a victim of human Parental notification is required subject to the pending adoption proceedings trafficking, including a trafficked child, may judicial waiver for an abortion performed if the grandparent has an existing be vacated if the offense did not result in on an unemancipated pregnant minor. right to petition for visitation and the bodily injury to another person. (H.E.A. (S.E.A. 404, P.L. 173 – effective July 1, grandparent’s right to visitation will not 1218, P.L. 86 – effective July 1, 2017) 2017) be terminated after the adoption. (H.E.A. 1245, P.L. 16 – effective July 1, 2017) A person may expunge the records of a Evidentiary issues: child alleged to be delinquent or a child in Provides that a consent to an adoption Certification published on the Department need of services by filing a petition in the is not required from the biological father of Toxicology’s website and obtained as juvenile court in the county of the original of a child born out of wedlock who was

14 SUMMER 2017 courttimes conceived as a result of a crime in any animal, and direct a law enforcement associated with a small estate. (H.E.A. jurisdiction in which the elements of the officer to accompany the petitioner to 1407, P.L. 194 – effective July 1, 2017) crime are substantially similar to certain retrieve the animal. (S.E.A. 323, P.L. 112 crimes under Indiana law. (S.E.A. 332, – effective July 1, 2017) Service of process fee is increased from P.L. 113 – effective July 1, 2017) $25 to $28. The clerk shall collect the fee Court can include transfer of wireless rather than the sheriff, and distributes Provisions regarding when a putative telephone numbers and accounts as part $1 of the fee to the clerk’s record father is not entitled to establish paternity of an order for protection. (S.E.A. 323, perpetuation fund. (H.E.A. 1450, P.L 255 and post-adoption contact privileges P.L. 112 – effective July 1, 2017) – effective July 1, 2017) were amended. (S.E.A. 332, P.L. 113 – Automated record keeping fee increased effective July 1, 2017) If a person applies for a handgun license during the 60-day period following from $19 to $20 after June 30, 2017, Prohibits any person from challenging an issuance of the civil protection order, the and removed the sunset of the $5 fee for adoption decree after the expiration period. person protected by a civil protection persons entering into pretrial diversion or Makes the following changes to the crime order may carry a handgun without a a deferral program. (H.E.A. 1001, P.L. 217 of profiting from an adoption: (1) Provides license for 60 days after the date the civil – effective July 1, 2017) that the crime does not apply if the birth protection order is issued or 60 days after mother is not a resident of Indiana and the the date the person applies for a license Other bills of importance: adoption takes place outside of Indiana; to carry a handgun, whichever is later. Effective July 1, 2018, the Indiana Code and (2) Increases, from $3,000 to $4,000, (H.E.A. 1071, P.L. 221– effective July 1, governing businesses will be completely the allowable payments for certain costs 2017) reorganized. (S.E.A. 443, P.L. 118) and expenses. (S.E.A. 332, P.L. 113 – effective July 1, 2017) Will contests must be filed as a separate Court fees: cause of action from the estate. (H.E.A. The penalties for adoption deception and Pro bono legal services fee extended 1407, P.L. 194 – effective July 1, 2017) unauthorized adoption advertising are until July 1, 2022. (S.E.A. 42, P.L. 39 – increased from a Class A misdemeanor to effective June 30, 2017) The duration of certain court ordered a Level 6 felony. (S.E.A. 332, P.L. 113 – specialized driving privileges may not effective July 1, 2017) For civil, criminal, infraction, and ordinance exceed 2.5 years in length. (S.E.A. 457, violation actions, the $5 document storage P.L. 120 – effective July 1, 2017) Consent of an adoptee or birth parent is fee becomes $2 on July 1, 2022, instead not required if the individual requesting of July 1, 2017. (S.E.A. 455, P.L. 235 – Marion County judges will be selected by the identifying information submits effective June 30, 2017) merit selection. (H.E.A. 1036, P.L. 245 – records that the adoptee or birth parent effective April 28, 2017) is deceased. (H.E.A. 1274, P.L. 190 – For small claims and civil actions that are A school corporation may designate a full- effective July 1, 2017) e-filed, the clerk cannot collect a service fee for each named defendant that is not time employee of the school corporation a garnishee defendant. (S.E.A. 455, P.L. to represent the school corporation in a Protective Orders: 235 – effective July 1, 2017) small claims court action to collect unpaid Court can grant possession and care required fees if the claim does not exceed of an animal to a petitioner, prohibit Clerk cannot collect a court costs fee $1,500. (H.E.A. 1384, P.L. 251 - effective a respondent from acting against the for the filing of a closing statement July 1, 2017)

For summaries of all new relevant laws, please see the Legislative Update, indianacourts.us/legislative/ You can also subscribe to email updates. All bills that have been signed into law are available at: in.gov/gov/2923.htm

courttimes SUMMER 2017 15 BRENDA’S BAILIWICK

BY BRENDA RODEHEFFER | GENERAL COUNSEL, OFFICE OF PERSONNEL & OPERATIONS istock.com/Minerva Studio

Does age discrimination exist? Absolutely! It is widespread. We all forget names and search for the right word from time to time. In a short quiz on age discrimination on the These memory lapses are commonly referred to AARP’s website, the following query is asked: as “senior moments,” a patently discriminatory term. Yet memory loss and other infirmities do If you see employers do this, it’s illegal: afflict a significant percentage of the advanced A. Mention in job ads that they want to hire energetic age population. young workers B. Force workers to retire at a certain age For most employers, age discrimination is illegal C. Fire older workers for performance issues under both the federal Age Discrimination in Employment Act (ADEA), 29 USC § 621, and the D. Both A and B Indiana Civil Rights Act at Indiana Code § 22-9- 2-1. Last year the EEOC received 10,857 charges What is the Answer? of age discrimination. The correct answer is “D. Both A and B.” While discrimination is illegal, it does not mean that an older worker is exempt from Suit cannot be brought against the State and state the same standards the employer has for other employees. officials under the ADEA because the state has Age is not a suspect class under the Equal Protection Clause. not waived its Eleventh Amendment immunity If you are having a problem with an older employee, your from the ADEA. However, action can be brought actions in response must have a rational basis unrelated to against the State under the Indiana Civil Rights age. Your decisions must be based on work performance and Act. Age discrimination suits can also be brought the needs of the court, while the age of the employee is not against State employers in federal court with a considered and is irrelevant to your decisions. claim of violation of the Equal Protection Clause of the Fourteenth Amendment.

16 SUMMER 2017 courttimes The most recent case on this topic in the Seventh Circuit is an action brought against the Chief Probation Officer and the judges of Jackson County. See Tidd Age is not a shield against v. Markel et al, 2017 WL 951496. Brian Tidd was a probation officer for the the Court making legitimate Jackson County Probation Department. He was the longest serving probation management decisions. officer in the department and was the oldest of the probation officers. However, the Chief Probation Officer, Norman Phillips, was significantly older than Tidd and the judges relied on was no evidence of a disciplinary schedule is set by years of service, Phillips’ recommendations. action against Tidd; and 3) he suffered it is age discrimination to make a an adverse employment action of downsizing determination based on Due to a falling probation caseload and involuntary termination. Judge Young pay level. Judge Young found otherwise a budgetary crisis in the county, the then considered the fourth prong of a and held that probation officers’ salaries judges of Jackson County determined classic age discrimination case; that is, are tied to experience, not age. While that one of the two probation officer whether similarly situated employee it is clear there is a correlation between positions in the Seymour office outside of the protected class were years on a job and age, the factors are should be eliminated. In addition treated more favorable. See Everroad distinct enough that an employer can to being the oldest probation officer v. Scott Truck Systems, Inc., 604 F.3d make a decision based on one without with the highest seniority, Tidd was 471, 477 (7th Cir. 2010). considering the other factor. also the highest paid. Eliminating Tidd’s position would have the most Judge Young rejected the defense When a judge faces a difficult decision beneficial impact for the tight budget. contention that only the two due to budgetary constraints or While there was evidence that Phillips probation officers in the Seymour performance issues, the decision to be was unhappy with Tidd’s performance, office were proper comparators, as made cannot be based on age, in whole Phillips told Tidd he was being the Brownstown office had a more or in part. However, age is not a shield downsized solely due to the courts’ difficult caseload. Judge Young found preventing the Court from making budget needs. that all the probation officers shared legitimate management decisions. the same supervisor, were subject to Tidd alleged his firing was due to age the same standards, and had the same If you do have to let an older discrimination and violated the Equal job duties. Since Tidd was the only employee go, the one act you want to Protection Clause. Judge Richard one to lose his job, others were treated take early is to call your employment Young granted summary judgment to more favorably and Tidd established a law counsel. Judge Markel and the the defendant employer. In reviewing prima facie age discrimination case. Chief Probation Officer received the evidence, Judge Young considered advice prior to making a decision, the elements of a prima facie age Nevertheless, the defendants prevailed and were prepared for litigation discrimination case and found: 1) because Tidd could not prove that the when it was filed. For all the judges Tidd was a member of a protected budgetary concern was a pretext for of Indiana, give me a call and we can (but not suspect) class; 2) he met his age discrimination. Tidd argued that work together to get the Courts’ needs employer’s job expectations as there because the statutory probation officer met in compliance with the laws.

If you have a question about age discrimination or any other employment law issue, contact Brenda Rodeheffer at (317) 234-3936 or [email protected]

courttimes SUMMER 2017 17 BY LESLIE S. DUNN | STATE DIRECTOR, GAL/CASA | INDIANA OFFICE OF COURT SERVICES CANINE COMPANIONS Courthouse dogs join CASA programs to help kids in court

The Court Appointed Special Advocate (CASA) Program in Delaware County just added a new four-legged member to its staff. Frankie, a two-year old female black lab, started her job at the CASA program in April. Frankie is one of only two dogs in Indiana specifically trained to help ease the fears of children in courtrooms.

Going to court is stressful for anyone, but it is especially difficult for children who have been victims

of abuse or neglect. The Courthouse Dog Program Photos by Kishel Photography and LIz Kay helps reduce stress and anxiety of children involved with the legal system. Frankie sits with children who can pet and hug him for extra comfort and hopefully leave with a positive memory of their courtroom experience.

Courthouse facility dogs undergo extensive training and screening and must graduate from an accredited assistance dog organization. Frankie’s handlers, the Delaware County CASA Director Ashley Soldaat and staff member Karen Zabel, attended a week of intensive training before they could be certified as a working team.

After a 45-day transition period, Frankie began attending Child in Need of Services (CHINS) and juvenile delinquency proceedings. Zabel noticed an immediate impact in delinquency court. One child, who had a history of acting up both in and out of court, was completely different in court when he sat with Frankie. To almost everyone’s surprise, instead of yelling and cussing, he was calm and pleasant. Another child, whose parents failed to show up for court, sat with Frankie who provided support and comfort.

Frankie primarily attends juvenile court proceedings with older children, but soon will also be with younger children at the child advocacy center and in other types of cases. Delaware Circuit Court #2 Judge Top: Frankie is held by a young girl during a photo session. Frankie assists Delaware County Kim Dowling, an early supporter of the program, CASA staff members Ashley Soldaat and Karen Zabel. reports that attorneys are filing motions asking for Inset: Jordy and his handler Tia Arthur. Jordy, who assists Monroe County CASA, can follow 37 Frankie to be able to sit with their clients. commands.

18 SUMMER 2017 courttimes Frankie Delaware County Juvenile Magistrate receives Amanda Yonally said that Frankie some love has “already proven herself as a from a young boy tremendous asset in assisting children during who seem to feel a little more a photo session. empowered and a little less afraid when she is by their side. Frankie not only brings a sense of peace and calm to the courtroom, but some much-needed comic relief when she occasionally falls asleep and snores!”

Children can connect with a dog in a way they can’t always connect with a Indiana Canine Assistant Network, or and suicidal, and every time he had to person, and it gives them the courage ICAN. Jordy can follow 37 commands discuss his gender, he would become to tell their story. Studies show that from his handler Tia Arthur, including extremely nervous. Jordy sat with him dogs provide victims with a sense of picking up items, closing doors and during his testimony in a recent court calm, security, and strength. They drawers, and giving hugs. Jordy makes hearing. When he had to speak, he help decrease blood pressure and regular visits to the Youth Center leaned down to pet Jordy. When the heart rate, reduce stress hormones, in Bloomington where kids get the hearing was over, the teen whispered reduce feelings of loneliness, isolation, opportunity to groom, nurture, and to Jordy: “See you at the next hearing!” depression, and provide positive effects build a bond with him. Judge Galvin, Monroe County Juvenile on social communication. Judge is already a big fan: “You can see Arthur said that Jordy recently made a everyone relax when Jordy is in the Monroe County CASA recently added big difference in the life of a teen who courtroom. Jordy lowers the stress level Jordy, a male yellow lab, trained by the was transgender. The teen was depressed for everyone there, including myself.”

Information on how to start a Courthouse Dog Program: courthousedogs.org

Therapy Dogs in Indiana Courts and at JLAP

Several courts in Indiana also use in children’s behavior. “It’s a win-win dogs. When JLAP exhibits at the therapy dogs. Therapy dogs are because court can be stressful for law schools and other events, personal pets who have undergone everybody involved.” people are hesitant to approach training with their owner, and then their table because of a perceived evaluated and registered by a local or Clark County also has a therapy dog, stigma regarding mental health and national therapy dog organization. a mini Australian/Labradoodle named addiction. Therapy dogs do not undergo the Bibble. He has already helped one extensive training that is required to victim in a child molestation case. The However, when JLAP brings a therapy become a certified courthouse facility young girl was very nervous and upset dog with them, people are more dog. Therapy dogs can also help reduce about testifying. When Bibble came comfortable approaching, and their stress. in the room, she was calm, stopped table is crowded with visitors. Deputy crying, and successfully testified in a Director Loretta Oleksy’s dog, Kirby, Tippecanoe County CASA recently difficult case. often attends events with her and was started bringing a therapy dog to court. such a help to one JLAP participant CASA Program Director, Coleen The Judges and Lawyers Assistance that she plans to adopt and train a Conner, observed noticeable changes Program (JLAP) also uses therapy therapy dog of her own.

courttimes SUMMER 2017 19 SIDEBAR

BY JAMES F. MAGUIRE | EDITOR | INDIANA COURT TIMES Photo Courtesy of John Terhune - Journal&Courier Photo Courtesy of John Terhune

Judge Faith Graham in her Tippecanoe County Courtroom

ippecanoe Superior Court vacated term of now Chief Justice She is the current Chair of the Judge Faith Graham graduated Loretta Rush. The voters of Tippecanoe Juvenile Benchbook Committee from Indiana University County elected her to a six-year term and a Board Member of the Indiana TRobert H. McKinney School of in November 2016. Judge Graham Council of Juvenile and Family Law in May 1996. She served as a presides over all cases involving Court Judges (ICJFCJ). She is Deputy Prosecuting Attorney in both children – CHINS, TPR, juvenile married to Darryl R. Graham, who Tippecanoe and Shelby counties delinquency, juvenile status offenses, is a firefighter for the Lafayette Fire and as a Deputy Public Defender in paternity actions involving custody, Department. Tippecanoe County. visitation, and child support disputes.

She also was in private practice in Lafayette as an associate in the firm SIDEBAR QUESTIONS of Gambs, Mucker & Bauman and as a partner in the firm of Grama & What do you like most and least least. However, even sparse or small Norton. During her legal career, she has about being a trial court judge? moments of success remind me that represented the Tippecanoe County there is hope and that sustains me. Department of Child Services and the My experience as a trial court judge For example, the random invitation I Tippecanoe County CASA Program, is limited to juvenile court. My least received from a former CHINS child and has served as Guardian ad Litem. favorite part of the job is observing who is graduating from college, or generations of trauma, neglect, a former juvenile delinquent who Judge Graham was appointed as and abuse within a family. A recent stopped by in his military uniform the first Juvenile Magistrate in local newspaper article described after basic training – just to let me Tippecanoe County. Governor Mitch juvenile court as “soul-sucking,” and know they made it. Those were truly Daniels selected her to complete the it is always challenging to say the wonderful days.

20 SUMMER 2017 courttimes As a child, I always admired my grandmother. She taught me a great deal about honesty and integrity. She also taught me about forgiveness and hope.

What was your major in my most adventurous activity so far. I college and why did you love to travel with family and friends – recent excursions include a trip decide to study law? to Disney World with my brother’s Submitted photo My family says I talked about being a family and a trip to New York with lawyer or judge when I was young. At my sister’s family. I spend as much the onset of college, I was uncertain time as I can with my nieces and about my major and eventually nephews. gravitated toward a psychology degree. I never became interested in becoming What is your a therapist so I pursued a law degree as recommended reading list? another way of helping people. I have always been an avid reader. I enjoy all kinds of books, but my What would you do favorites are lighter reads with a if you were not a judge? bit of humor and mystery. I joined First, I would take a nap before a book club a few years ago - we planning a long vacation. I really are currently reading Tortilla Flat enjoyed being a trial lawyer and by John Steinbeck (not my favorite so far). I do like a book series - the Judge Faith Graham and her husband Darryl, a would consider doing that again. Lafayette firefighter. I would also consider using my entire Stephanie Plum series by Janet psychology degree as a school Evanovich was funny from start to Where is your favorite counselor. finish, and I would recommend it for a good laugh. vacation spot? Who are the people My husband and I were married in you most admire? Where did you grow up Scotland. The weather in Monterey, and how would you California is beautiful. I think I like As a child, I always admired my describe your childhood? to travel too much to pick just one grandmother. She taught me a great favorite spot. Most of the fun is in the deal about honesty and integrity. She I grew up mainly in the Shelby adventure of finding the spot. also taught me about forgiveness and County area. My family moved many hope. I admire people who persevere times, and I attended many different Do you have a favorite meal, and overcome despite sometimes schools. My parents valued hard work recipe, and restaurant? overwhelmingly negative history or and education. set of circumstances. I can follow a recipe, but I am not Do you have a favorite quote(s)? much of a cook. My husband works What are your hobbies or for the Lafayette Fire Department, "I’ve learned that people will forget and firemen tend to be very good favorite leisure activities? what you said, people will forget what cooks. My favorite dishes are a potato I have always enjoyed sports and you did, but people will never forget and corn chowder and firehouse adventure. My favorite sport is how you made them feel." biscuits and gravy. He also makes the volleyball, and skydiving is probably –Maya Angelou best pancakes ever!

courttimes SUMMER 2017 21 BY LESLIE S. DUNN | STATE DIRECTOR, GAL/CASA | INDIANA OFFICE OF COURT SERVICES 2017 CASA Day Celebration at Indiana State house

ourt Appointed Special Advocate (CASA) volunteers took part in a celebration at Cthe State House on March 20, 2017, sponsored by the Indiana Supreme Court, Indiana Office of Court Services, GAL/CASA. More than 400 people from across the state clothed in blue t-shirts filled its north atrium, chanting “I am for the child” and “I am CASA strong.”

They came to thank lawmakers for their ongoing budgetary support and recent funding increases for GAL/ CASA programs and to report on how they are using the additional funds. Photos by Nita Wright The rally also highlighted the impact of volunteer advocacy and the need for more volunteers to speak on behalf of Indiana’s most vulnerable children.

In 2015, when the legislature increased the appropriation for CASA programs by $2.1 million dollars, the State Office of GAL/CASA distributed $1.5 million dollars of the new funds to 63 counties for capacity building grants to assist more children. The State Office also purchased a statewide case management system for all CASA programs, called Optima, to assist in tracking and monitoring the children served.

CASA volunteers advocate on behalf of abused and neglected children Top: Justice Steven David speaks during CASA Day celebrations at the Indiana State House. whose families are involved with Above: Mary Willis, former judge and current Chief Administrative Officer of the Indiana Supreme Court, reads a procla- the child welfare system. There are mation from Governor Holcomb naming March 20, 2017 as ‘CASA Day.’ 4,034 CASA volunteers in 79 Indiana Opposite: CASA volunteers during a special House Resolution in the Indiana House of Representatives chamber. counties advocating on behalf of

22 SUMMER 2017 courttimes CASA CREED I am a Court Appointed Special Advocate, a CASA. I am the guardian of our children. I am a protector of our children. I advocate for the child. I hope to improve the family. I serve the children of the state of Indiana. I serve the children whose voice we oftentimes ignore. 26,762 children. In 2016, Indiana’s County read an original poem, and I live the CASA’s oath of office. volunteers contributed more than Demetrice, originally from Lake 348,000 hours of service, saving the County, spoke of how his CASA I will always place my obligation to the child first. I will be fair. I state an estimated $31 million. made a difference in his life and how will be impartial. he now serves as a CASA volunteer Speakers at the CASA Day event himself in Marion County. Several I am trained. I am constantly included Indiana Supreme Court volunteers also expressed why they improving my skills. Justice Steven David and Mary Willis, advocate for foster children, sharing I am a professional. Chief Administrative Officer of the poignant stories of their successes on I am independent. Supreme Court’s Office of Judicial behalf of Indiana’s foster youth. Administration. I will listen. I will not judge. Indiana’s CASA programs are I will recommend what I believe They thanked the volunteers for their uniquely successful because they is in the best interest of the child. advocacy on behalf of abused and have strong support from all three neglected children. Justice David branches of state government. Indiana I am a protector of our children. called CASA volunteers the “Navy has one of the largest networks I advocate for the child. Seals of child advocacy” and shared a of CASA programs in the nation, I hope to improve the family. CASA creed he wrote that highlights helping more children than almost the critical role of advocates. any other state. All children deserve peace, safety and happiness. Willis read a proclamation from After the event, volunteers gathered I am the guardian of our Governor Eric Holcomb, thanking in the House of Representatives where CASA volunteers for their Representative Milo Smith honored children. I am a Court Appointed contributions and decreeing them with a formal Resolution. Special Advocate. March 20, 2017 as CASA Day. Many Representatives stepped to the microphone to share words of support Justice Steven David, October 2011 Two former foster youth also for the compassionate and dedicated spoke: Crystal from Vanderburgh work of CASA volunteers.

For additional information on becoming a CASA volunteer, or starting a CASA volunteer program, please contact Leslie Dunn at [email protected]

courttimes SUMMER 2017 23 FAMILY VIOLENCE

BY RUTH D. REICHARD | FAMILY VIOLENCE RESOURCE ATTORNEY, INDIANA OFFICE OF COURT SERVICES

TWO-PART SERIES LETHALITY ASSESSMENTS: DO COURTS USE THEM IN DOMESTIC VIOLENCE CASES?

PART TWO he more experience we have, the more comfortable we are Judges don’t have to rely on gut relying on our “gut instincts” Tabout people and their behavior. But feelings to assess the likelihood when it comes to adjudicating cases, our system of jurisprudence does not of repetitive domestic violence. condone gut feelings as a basis for Empirical tools are available to assist judicial decisions. As discussed in Part 1 of this series, risk assessments with these difficult decisions. The key is and lethality/danger assessments can take the guesswork out of to become educated about the ways to determining whether someone is likely to reoffend violently. use, and not to use, them.

Many law enforcement agencies and other first responder organizations currently use accurate, evidence- trial court judge made an entry in the “all the adjudicative facts were proven based, empirically validated risk and docket sheet of some very specific through testimony” at the hearing, lethality assessment tools specifically findings, including respondent: and the “list of lethality factors— designed for intimate partner avoided service; abused the family presumably contained in the court’s violence. pet; cyber stalked wife/petitioner; mind—was judicial knowledge rather threatened the life of his ex-wife in than judicial notice.” But what about courts? Are any presence of his wife/petitioner; and courts using these instruments to exhibited possessive, jealous behavior The trial court was allowed to use help with pretrial release or probation by monitoring wife/petitioner’s cell “background knowledge of domestic decisions? Are judges using lethality phone. violence risk factors to inform its factors to inform their decisions in judgment as to whether the facts civil protection order cases? The Respondent appealed the granting of this case indicated that domestic answer to these questions is: Yes. of the civil protection order arguing violence may occur again.” This case that the trial court judge did not apply supports a judge who uses training On the civil side, a recent case the proper standard of proof and on lethality factors in deciding a from the Kentucky Supreme Court, unlawfully used, and impermissibly case, and referring to that training in Pettingill v. Pettingill, 480 S.W.3d 920 took judicial notice of, domestic articulating the reasons for granting (Ky. 2015, reh. den. Feb. 18, 2016) violence lethality factors. The an order of protection. involved an appeal from a trial court’s Supreme Court disagreed, holding granting of a civil protection order that a judge can only take judicial The state of Illinois incorporates against a husband/respondent after an notice of facts. Since lethality factors known domestic violence lethality evidentiary hearing. While granting are not facts, but risk factors, they factors in its bail statute. When an the order and making a finding that are not capable of judicial notice. The individual is charged with a crime domestic violence had occurred, the Kentucky Supreme Court found that involving an intimate partner, such

24 SUMMER 2017 courttimes Photo: istock.com/OSTILL as a violation of a protection order, judges may consider some aspects of the individual’s background that are directly correlated with evidence- based danger assessment.

For example, a judge may explore whether there is a history of domestic violence, access to weapons, abuse of pets, a record of violating court orders, a recent separation from the alleged victim, obsessive or controlling behavior, threats of suicide or homicide, and whether the current incident involved strangulation. The statute authorizes a judge to order a defendant to undergo a formal risk assessment evaluation, and specifically excludes victim interviews as a source of information for that evaluation.

Courts in Virginia, Minnesota, New York, and California have promulgated bench guides for judges to use in civil, criminal, and family law cases. Their bench cards incorporate risk and lethality factors, and contain instructions (and cautions) for their use. One important and provide no advice to a judge require a certain outcome in a case. caveat involves the propriety of about what to do if certain boxes are Experts in assessing dangerous obtaining relevant information from checked. In some states, a member of situations will often supply bench an alleged victim, either in open the court staff will complete a form guides as part of their presentations at court or through a form that will be that is incorporated into a custody judicial education sessions. discoverable. evaluation report, or is used at a bail hearing for a defendant arrested for a Judges don’t have to rely on gut Requiring a victim to supply family violence crime. feelings to assess the likelihood information could place her or him in of repetitive domestic violence. an untenable position, and judges can Many of the bench guides are Empirical tools are available to assist usually acquire it from other sources. intended to make a judge aware of with these difficult decisions. The key Some of the guides simply consist the potential for danger in a given is to become educated about the ways of checklists of lethality factors, relationship and are not meant to to use, and not to use, them.

For additional information about this article, please contact Ruth D. Reichard, Family Violence Resource Attorney for the Indiana Office of Court Services, at (317) 233-0784, or [email protected]

courttimes SUMMER 2017 25 BY TOM JONES | RECORDS MANAGER | INDIANA OFFICE OF COURT SERVICES FAQ RECORDS MANAGEMENT

The introduction of electronic filing has generated many questions regarding records. These questions tend to fall under the topics of “permanent records” and the use of the “destruction certification forms.” Guidance may be found in Administrative Rule 6—Court Case Records Media Storage Standards; Administrative Rule 7—Judicial Retention Schedules; and Trial Rule 77—Court Records. This article will address many of the frequently asked questions.

PERMANENT RECORDS DESTRUCTION CERTIFICATION FORMS What format(s) may be used for records I have scanned several boxes of civil case that are to be retained permanently? files ranging in dates from 2000 through 2006. May I destroy the paper files? Permanent records may be maintained in original format (usually paper), on microfilm, or in Court records that have been scanned in electronic format. Admin R. 7(1)(B) accordance with the standards set out in Administrative Rule 6 may be destroyed after they Should the Record of Judgments and have been scanned. The court or clerk must first Designated Orders (RJO) be maintained in file a Destruction Certification Form with the Office paper format? of Court Services certifying compliance with those If the court has a scanning system approved under standards. The Indiana Office of Court Services Administrative Rule 6 that scans or electronically must also provide authorization for the destruction files documents into the court case management of the records. Admin. R. (6)(K) system and saves a digital image of a document as My court has adopted electronic filing, but part of the electronic case file, the clerk need not often attorneys and unrepresented litigants maintain a separate RJO. T.R. 77(D)(2) file documents after the initial case was filed in electronic format. Do I have to file What should be done to prevent a Destruction Certification Form with the electronically stored documents from Office of Court Services in order to destroy becoming inaccessible due to technological these incidental paper documents? obsolescence? If the courts in the county have adopted an The first major step in reducing the risks of electronic filing program based on the standards obsolescence and inaccessibility is to create in Trial Rule 86, the clerk or the court, after electronic records using the standards stated in scanning them into an electronic record, may Administrative Rule 6. The second major step is to destroy incidental paper documents filed without continuously migrate forward data and information submitting a Destruction Certification Form. Admin. whenever changes are made in the storage software. R. (6)(K) One way to be certain that information has been migrated forward is to check the ability to print.

Administrative Rule 7(I)(B)(2) provides: Records maintained electronically must be kept so that a For additional information on hard copy can be generated at any time. records management, please contact Tom Jones at 317-233-3695, or [email protected]

26 SUMMER 2017 courttimes Newly elected and appointed trial S.E.A. 120 helps criminal judges and recently court judges and staff appointed magistrates In Henriquez v. State, No. 20A04-1510-CR-1841, ____N.E.3d____ (Ind. 18 new trial judges in Bartholomew, Ct. App., August 9, 2016), at issue on appeal was whether the trial court Cass, Crawford, DeKalb, Elkhart, Fayette, failed to comply with I.C. 35-38-1-1(b) that requires the court to advise the Fountain, Gibson, Hamilton, Lake, Monroe, defendant of the earliest release date and the maximum possible release Morgan, Orange, Scott, St. Joseph, Vigo, date. Chief Judge Nancy Vaidik reviewed the legislative intent of the statute and determined that a plausible interpretation of the language is for the trial Warren, and Whitley counties were elected court to advise the defendant of specific potential release dates. However, to the bench at the General Election on she noted that at best the trial court could provide an estimate. The Court November 7, 2016. Former Governor of Appeals encouraged the legislature to reconsider this statute and “the Mike Pence and Governor Eric Holcomb unworkable obligation it places on our trial courts.” appointed new trial judges in Huntington, Marion, Noble, St. Joseph, and Warrick At the September 2016 Board of Directors meeting, the Criminal Law Policy counties. Since December 31, three new Committee recommended an amendment to remove this language. magistrates have also taken the bench in Lake and Marion counties. Senate Enrolled Act 120 signed into law and effective April 13, 2017 amends I.C. 35-38-1-1(b) and no longer requires advice that the sentence is “for NEW TRIAL JUDGES not less than the earliest release date and for not more than the maximum possible release date.” The amendment does require advisement of the days Kelly Benjamin, Bartholomew Circuit Court and types of pretrial confinement. James Muehlhausen, Cass Superior Court #1 Sabrina Bell, Crawford Circuit Court Kurt Grimm, DeKalb Circuit Court Michael Christofeno, Elkhart Circuit Court Hubert Branstetter, Jr., Fayette Circuit Court Stephanie Campbell, Fountain Circuit Court Robert Krieg, Gibson Superior Court Jon Brown, Hamilton Superior Court #2 Jennifer Newton, Huntington Superior Court Marissa McDermott, Lake Circuit Court Alicia Gooden, Marion Superior Court Holly Harvey, Monroe Circuit Court #4 Brian Williams, Morgan Superior Court #2 Steven Hagen, Noble Superior Court #2 Steven Owen, Orange Circuit Court Jason Mount, Scott Circuit Court John Broden, St. Joseph Circuit Court Jeffrey Sanford, St. Joseph Superior Court Sarah Mullican, Vigo Circuit Court http://indianacourts.us/times/ Hunter Reece, Warren Circuit Court J. Zach Winsett, Warrick Superior Court #1 Matthew Rentschler, Whitley Circuit Court

NEW MAGISTRATES Stay updated Lisa Berdine, Lake Circuit Court Subscribe online to receive an Stephen Scheele, Lake Circuit Court email when articles are posted Kelly Scanlan, Marion Circuit Court

courttimes SUMMER 2017 27 Indiana Supreme Court Office of Communication, Education and Outreach 30 South Meridian Street, Suite 500 Indianapolis, IN 46204

EDITORIAL BOARD EDITORIAL STAFF Mary Willis Patrick McCauley Jane Seigel Lindsey Borschel Mary DePrez Sarah Kidwell James Maguire Katie Utley Kathryn Dolan Yolanda Collins

MISSION

Our goal is to foster communications, respond to concerns, and contribute to the spirit and pride that encompasses the work of all members of the judiciary around the state. We welcome your comments, suggestions, and news. If you have an article, advertisements, announcement, or particular issue you would like to see in our publication, please contact us by email at [email protected].

CONTRIBUTORS

Leslie Dunn, State Director, GAL/CASA, Indiana Office of Court Services

Tom Jones Records Manager, Indiana Office of Court Services

James F. Maguire Staff Attorney, Indiana Office of Court Services Stay Connected

Marcus McGhee Law Clerk, Indiana Judicial Nominating Commission The Indiana Court Times is available Adrienne Meiring online at courts.in.gov/times Counsel, Indiana Judicial Nominating Commission

Ruth Reichard If you like the online version better than the magazine, you can Family Violence Resource Attorney, unsubscribe from the paper version by emailing Yolanda Collins at Indiana Office of Court Services [email protected]. Brenda Rodeheffer General Counsel, Office of Personnel & Operations Subscribe to the Court Times online by email or with the RSS reader of your choice. Ashley Rozier Staff Attorney, Indiana Office of Court Services Follow Indiana Courts on Twitter at twitter.com/incourts Watch videos at the Indiana Courts channel at youtube.com/incourts

PLEASE CIRCULATE TO CO-WORKERS This newsletter reports on important administrative matters. Please keep for future reference.