Issue 26.3 AUTUMN 2017

Wabash County Judge formally sworn in as member of Supreme Court BY RACHEL ANDERLE, COMMUNICATION INTERN, OFFICE OF COMMUNICATION, EDUCATION AND OUTREACH

ARTICLES Photos by Chris Bucher Welcome Justice Goff 2

Senior Judge Program Update 9

Child Focused Court Tools 10

ICLEO 20th Anniversary 12

IRTA CASA Award 14

NCSC Release on Opioid Crisis 15 Justice Goff smiles after taking his place on the bench with his colleagues. Courtroom 107 16

COLUMNS Wabash BITS & BYTES County Judge Commitment to Data Sharing 6 formally sworn SPOTLIGHT Judiciary honored 19 in as Indiana’s th SIDEBAR 110 Justice Honorable Mark Dudley 20

FAMILY VIOLENCE How Do You Define Success? 22 Christopher Goff was welcomed to the Supreme Court as the newest justice on September 1 by more than 300 family members, judges, friends, and government officials during his formal investiture ceremony.

“This whole experience has been Justice Goff is filling the vacancy incredibly humbling,” Justice Goff left by Justice Robert Rucker who said, “but the most humbling part retired in May 2017 after 26 years of it has been the outpouring of on the appellate bench. Justice Goff support and encouragement I have spoke of his longtime admiration received. If you are here today, it for Justice Rucker, who taught a is because I couldn’t have done my class on equity when Justice Goff work without you.” was studying for the bar exam.

He officially joined the Court on “Twenty years ago, you taught me July 24 after being sworn in by to be a voice for the voiceless, and in a I have not forgotten your lesson,” private ceremony so that he could Justice Goff said, directing his begin work. appreciation toward Justice Rucker.

2 AUTUMN 2017 courttimes Justice Christopher Goff is formally sworn in by Governor , as Goff’s wife, Raquel, holds a family bible.

“Twenty years ago, you taught me to be a voice for the voiceless, and I have not forgotten your lesson.”

Justice Christopher Goff speaking to former Justice Robert Rucker

During the ceremony, Justice Rucker assisted in placing Justice Goff’s name plate on the bench. Chief Justice Rush also gave Justice Rucker his own name plate as a token of appreciation. Each of the Court’s current justices also played a role in the ceremony.

“After a month of working closely with you, I can confirm with firsthand knowledge what everyone else in this room already knew: that our Governor had made a very wise choice,” Justice said of Justice Goff after welcoming Pastor Alex Falder forward to give the invocation.

CONTINUED ON NEXT PAGE Justice Goff makes his entrance into the Courtroom to begin his formal investiture ceremony.

courttimes AUTUMN 2017 3 WHO IS CONTINUED FROM PREVIOUS PAGE Christopher Goff?

Justice Christopher Goff, 45, joined the Court after having served as Wabash County Superior Court Judge for 12 years. His work there lead to the establishment of the Wabash County Drug Court and the Wabash County Family Drug Treatment Court.

His career demonstrates his devotion to his community. He has served as President of the Huntington County Police Merit Board and Chair of the Board of Elders at Northview Church of Christ. He has also held leadership roles at the Wabash County YMCA, the Wabash County Chamber of Commerce, and the Huntington County Bar Association.

Justice Goff graduated from Indiana University Maurer School of Law in 1996 and has worked in private practice Justice Steven David, who served handling cases ranging from criminal as Justice Goff’s mentor during defense to small business litigation. He INDIANA his transition, stated “there is no has served as a public defender, and SUPREME doubt that Justice Goff will make worked to establish the Court Appointed all of us very proud of his long and Special Advocates (CASA) program, in COURT celebrated tenure on the Indiana Huntington County. Supreme Court.”

As the son of a factory maintenance CHIEF JUSTICE Mark Guenin of the Wabash worker and a teacher’s aide in Wabash Loretta H. Rush County Bar became choked up County, Justice Goff comes from a 108TH JUSTICE as he introduced Justice Goff blue-collar background. He worked his and emphasized the important way through Ball State University at a JUSTICE perspective he brings to the bench magnetics factory, and after marrying his wife at the Wabash County Courthouse, Steven H. David after serving Wabash County. He 106TH JUSTICE they both worked the second shift. said: “In each case, Justice Goff will see the people as people, not as JUSTICE th problems.” His wife, Raquel, is the 11 of 12 Mark S. Massa children whose family roots can be 107TH JUSTICE traced to Durango, Mexico. Justice Geoffrey Slaughter spoke of relinquishing his seat as the JUSTICE "We typically host holiday parties in Court’s junior-most justice. As the Geoffrey G. Slaughter newest justice, “you get to frame our home for as many as 100 family 109TH JUSTICE members. This is impressive when you the issues,” Justice Slaughter said. consider that we live in a 2,000 square- JUSTICE “I hope that you’ll relish that role foot ranch home," Goff said. "I am proud Christopher M. Goff and take full advantage of it.” He of my family and its unique heritage." 110TH JUSTICE then welcomed Governor Holcomb forward to say a few words and administer the oath.

4 AUTUMN 2017 courttimes “He is a forward thinker, a trailblazer, one dedicated to making our court system even better,” Governor Eric Holcomb said of Justice Goff before administering the ceremonial oath of Photos by Chris Bucher office as Justice Goff’s wife, Raquel, held the Bible.

After a brief recess, the justices reconvened as a full Court. Justice Goff spoke from the bench of his gratitude towards his family, county, and colleagues. He also spoke of his responsibility to the Court, the people of Indiana, and his hope for the future.

“Today we are gathered to celebrate the fact that someone born to teenage parents, married to the daughter of migrant workers, and from a remote part of the State has been selected to serve on Indiana’s highest court,” Justice Goff said. “If such a thing was possible for me, why should it not be possible for any child?”

Justice Goff’s official portrait, which will hang in the Courtroom along with those of the current and former justices, was unveiled during the ceremony by Senior Judge Daniel Vanderpool.

Delivering the closing remarks, Chief Justice Rush said “[Justice Goff] live[s] out that great American promise: that Lady Justice is blind, everyone receives equal justice under the law.”

Opposite: Justice Goff’s formal portrait is revealed by Senior Judge Daniel Vanderpool during the ceremony. Top: Governor Holcomb and members of the Court greet the 100+ guests in the House Chamber, who watched the ceremony via live webcast. Middle: Justice Goff and his wife, Raquel, talks with guests during the reception following his ceremony. Bottom: Chief Justice Loretta Rush assists Justice Rucker during a ceremonial changing of nameplates.

courttimes AUTUMN 2017 5 BITS & BYTES

BY MARY L. DEPREZ | DIRECTOR AND COUNSEL FOR TRIAL COURT TECHNOLOGY, OFFICE OF JUDICIAL ADMINISTRATION

COMMITMENT to DATA SHARING Two key initiatives undertaken by Trial Court Technology (TCT) are in the spotlight for playing important roles in the sharing of court data with key stakeholders and the public. Data from the Abstract of Judgment application and the Odyssey court case management system is enhancing the amount and quality of data TCT is now able to share with all three branches of government and the public.

Abstract of Judgment data TCT has worked with judges, clerks, the Indiana Abstract of Judgment data from INcite is improving public safety Prosecuting Attorneys Council (IPAC), and the efforts by feeding statewide felony Indiana State Police for years to improve the data to three distinct systems: National Precursor Law Exchange reporting of criminal conviction information to (NPLEx), Indiana’s Criminal History the Indiana State Police’s CHRIS repository. Record Information System (CHRIS), and the new Child Abuse Registry.

Blocking drug additional records were sent to NPLEx. and prosecutors have been sending purchases at Going forward, any new Abstract for a conviction information to CHRIS, it the pharmacy drug related felony conviction will be has been a manual process for the most sent to NPLEx nightly. part. And ISP states that only 40% of all On July 1, 2016, at the request of arrests are matched with a conviction. the Indiana General Assembly, TCT Improving Criminal began sending methamphetamine History Repository In the last couple of years, TCT convictions to NPLEx in an effort to started to implement the Odyssey/ TCT has worked with judges, clerks, stop sales of certain regulated cold CHRIS interface following the the Indiana Prosecuting Attorneys and allergy medications to individuals deployment of the Odyssey case Council (IPAC), and the Indiana convicted of methamphetamine management system to a county. related crimes. State Police for years to improve the reporting of criminal conviction This interface automatically sends information to the Indiana State In the following eleven months, of the conviction information to Police’s CHRIS repository. It is the 6,259 records sent to NPLEx, CHRIS upon entry of the conviction. important that courts and clerks send 182 individuals were blocked TCT began sending Abstract data conviction information to ISP because from purchasing 263 boxes of electronically to CHRIS for those the CHRIS repository is the official pseudoephedrine or ephedrine counties that are not using Odyssey products. On July 1, 2017, changes to source of an individual’s criminal history – or lack thereof. this law went into effect that required Although judges have been creating an TCT to send all felony drug-related Abstract of Judgment for every felony The process of matching an arrest convictions to NPLEx from the conviction since July 2012, courts record with a corresponding conviction Abstract application. As a result of had not been requested to include these legislative changes, 41,557 is complicated. Although courts, clerks,

6 AUTUMN 2017 courttimes DON’T BE THE TCN WEAK LINK

the arrest number or transaction Child Abuse Registry Teacher licensing control number (TCN), a data point introduced required by CHRIS. Beginning July During its 2017 Session, the Indiana 1, 2017, courts were encouraged to “Kirk’s Law” was enacted by Public Legislature passed a new law input the arrest number or TCN when Law 52-2016 authorizing the creation requiring TCT to begin sharing felony completing an Abstract. of the Child Abuse Registry. Pulling Abstract conviction data with the data from the Abstract of Judgment Department of Education (DOE). DOE will take the Abstract data and The system provides an ‘error report’ database, this registry includes review it to determine if any licensed for staff to resolve cases that did information on persons convicted teacher has a felony conviction that not successfully transmit to CHRIS. of crimes of neglect of a dependent, may prohibit them from holding a Since July, TCT has transmitted child selling, battery against a child, valid teaching license. TCT and DOE more than 2,300 convictions to and all sex offenses against a child. have already started to work on this CHRIS, convictions that might have Throughout June 2017, the Child initiative, even though the effective been transmitted by the prosecutor, Abuse Registry became available date for this legislation is July 1, 2018. through the mail, or maybe not at all. to the public and can be accessed, along with numerous other services provided by the , at public.courts.in.gov. CONTINUED ON NEXT PAGE

courttimes AUTUMN 2017 7 CONTINUED FROM PREVIOUS PAGE

Odyssey/mycase The implementation of the Odyssey case management system to more istock.com/LDProd Photo: courts continues to expand the number of case records that are available to the public at mycase.in.gov.

Over 20 million records from more than 275 courts are now available. Odyssey handles in excess of 71% of the state’s caseload. Dearborn, Lawrence, and Ohio counties are the most recent to adopt Odyssey. Howard, Lake, Miami, Montgomery, Ripley, and Wayne counties are in the An attorney from Vincennes offered this feedback: pipeline. “We were recently informed that attorneys now have access During 2016, TCT released a new application for the public to search to online public documents to mycase.in.gov. I’m not sure these records. In 2017, following who made this decision but I must say that person (or the recommendations made by the people) should receive a blue ribbon! Task Force on Remote Access to and Privacy of Electronic Court Records, TCT has made additional information It makes this so much easier for the law offices and I available on mycase.in.gov. am sure it will make things much easier on the Clerk’s Financial information for each office from having to pull files on occasion to get copies of court case is now displayed on the documents. chronological case summary. Court orders are available on specific civil case types such as small claims and From my perspective, this is perhaps the greatest civil torts. advancement in the Indiana Courts from a filing/

Pleadings and orders in expungement paperwork perspective in years.” cases are available. On June 3, attorneys were provided access to Joseph Reed, Reed Law Office, Vincennes view non-confidential documents on public cases by using their credentials from their Court’s Portal account to register on mycase. Later this fall, attorneys will be able to access confidential case information if they are the attorney of record on that case. Since attorney access was made available, more than 3,400 attorneys have registered.

For additional information on Odyssey, please contact Mary DePrez at 317-234-2604 or [email protected].

8 AUTUMN 2017 courttimes BY TOM CARUSILLO | SENIOR COUNSEL | OFFICE OF JUDICIAL ADMINISTRATION Senior Judge Program Update

ince being reinstituted by the needing assistance. The Committee Supreme Court on August also agreed to explore educational 16, 2016, the Senior Judge opportunities for senior judges. SCommittee has been busy. Under the leadership of its Chair, former Chief At its April 2017 meeting, the Justice Brent E. Dickson, and the efforts Committee continued its work on the of Committee members: Judge Steven projects identified at the September R. Eichholtz (Marion Superior Court), meeting. The Committee also Judge Bradley B. Jacobs (Clark Circuit developed a recommendation asking Court 2), Judge Charles K. Todd, Jr. the Court to invite senior judges to (Wayne Superior Court), Senior Judge attend the district meetings held by Cecile A. Blau, Senior Judge Stephen the Court with trial judges. R. Heimann, and Senior Judge Terry C. Shewmaker, the Committee has tackled The Committee viewed this as an several subjects. excellent opportunity for senior judge and trial court judges to develop The Court charged the Committee contacts that would well serve both with making recommendations parties. The Court has adopted this regarding the utilization of senior past, the Court has set compensation recommendation on an experimental judges and the administration of the at less than $250 per day. For example, basis. program. The Court provided: “[t]he in 2016, the first 30 days were paid Committee shall endeavor to promote at $100 per day, days 31 to 74 were Also in April, the Committee received the effective utilization of senior paid at $175 per day, and days 75 to a report from the Office of Court judges by the trial and appellate 100 were compensated at $200 per Services regarding a webinar held courts, to promote and increase the day. By order issued December 30, for senior judges on April 26, 2017. participation of senior judges, and to 2016, the Court adopted the Senior Eighteen senior judges received identify and recommend expanded Judge Committee’s recommendation training on using Odyssey during opportunities and uses for senior to pay the maximum $250 per day for the webinar. Additionally, with the judges within the Indiana judiciary.” service beyond 30 days in 2017. encouragement of the Committee, advanced training was facilitated by At the Committee’s first meeting on Also at the September meeting, the the Office of Court Services on May September 9, 2016, it recommended Committee laid the groundwork 15 and June 12. to the Court that the per diem paid to for gathering information about the senior judges for service after 30 days program’s successes, areas needing The Committee has continued to be increased to the statutory maximum improvement, and ways to boost gather information and to explore of $250. By statute, IC 33-23-3-5, senior judge utilization. Further, means of making the Senior Judge senior judges receive $100 per day for the Committee decided to explore Program a beneficial experience for their first 30 days of service. After that the creation of a method to assist in both senior judges and trial court they receive up to a maximum of $250 matching senior judges with courts judges. per day for service days, which are limited to 100 days per year.

The per diem compensation for To submit suggestions to the Committee or for information service after 30 days is determined each year by the Supreme Court based about the Senior Judge Program, contact Tom Carusillo at upon the availability of funds. In the [email protected] or 317-232-2542.

courttimes AUTUMN 2017 9 BY LESLIE S. DUNN | INDIANA STATE DIRECTOR OF GAL/CASA | INDIANA OFFICE OF COURT SERVICES

Our juvenile courts Synergizing these child focused tools have several innovative tools available to assist children and youth through will provide better information to the Child in Need of Services (CHINS) and delinquency processes. all parties and to the court and will Courts have the new dual status youth screening and assessment tool ultimately drive better decision making that allows courts to better identify crossover youth and to coordinate and better outcomes for children. services for youth, regardless of whether they come into juvenile court as a CHINS or a delinquency case. However, juvenile courts should not The newest of these tools for juvenile view these tools as silos, to be used courts is the Juvenile Case Assessment Many delinquency courts are now alone and not in conjunction with and Triage (J-CAT) pilot project that using Juvenile Detention Alternatives the other tools that are available GAL/CASA pilot programs will use Initiative (JDAI) to ensure that low- to support children and families. to build capacity and better utilize risk youth are placed in community Instead, we need to view these tools as resources. based alternative programs rather a three-legged stool, each leg strong than in secure detention. Courts on its own, but all three legs needed to The Indiana Office of Court Services, also have Court Appointed Special create the perfect balance for the best through its State Office of GAL/ Advocates (CASA) and Guardian ad juvenile case decision making. CASA, is working with several litem (GAL) programs to advocate for counties to implement the innovative the best interests of children involved Synergizing these child focused pilots, which, like JDAI and dual in one or both of these juvenile court tools will provide better information status assessments, will help to bridge systems. to all parties and to the court and the gap between CASA programs, will ultimately drive better decision DCS, probation, and the juvenile making and better outcomes for courts for a more holistic approach to children. juvenile cases.

10 AUTUMN 2017 courttimes Photo courtesy of National CASA Association The pilots will utilize the Triage Case Assessment Tool (T-CAT) to determine the presence of various risk factors in a CHINS case based on factors such as the age of the child, whether it is a dual status case, whether the parents are incarcerated, whether it is a repeat maltreatment case, and others.

Each risk factor has been examined and supported by academic research with evidence demonstrating its validity. The GAL/CASA will complete the evidence-based assessment and obtain a score, which will place the child in a low, medium, or high risk category. The category If the child scores high, the GAL/ The project was developed after input that the child falls into will then CASA program will likely appoint a from several counties, including determine the level of intervention, traditional volunteer who will serve Tippecanoe, Henry and Hendricks, time, and focus that the cases in each the child in the usual manner. who for several months have been level will receive. using some of these concepts to build The goal of the Juvenile Cases capacity. The pilot incorporates components of Assessment Tool (J-CAT) is to reduce both JDAI and dual status. It utilizes a the number of children waiting for a Indiana is the first state to utilize this risk assessment to determine levels of CASA volunteer by better prioritizing capacity building tool for GAL/CASA risk and levels of intervention much limited resources, including the time programs and it was also the first state like JDAI and considers the child’s and focus of CASA program staff and to implement dual status legislation to involvement in the delinquency system volunteers. encourage courts and parties to better as a risk factor as well. The pilot also coordinate cases involving crossover parallels JDAI and dual status cases by With the significant increase in the youth. bringing together the parties at various number of CHINS filings over the stages in a more collaborative, cross- last several years, the waiting list of Our vision is that Indiana’s juvenile system approach to the case. children in need of a GAL/CASA courts will use all of these cutting- volunteer has risen to over 6,000 edge tools to create a collaborative, If a child scores low on the T-CAT, the children across the state. The pilot will holistic juvenile court system for all GAL/CASA program may have less track the extent to which the waiting children regardless of the door they contact with the placement, parents, list for advocates is reduced as well come through. providers, and others involved in the as its impact on permanency and case, or they may have a staff member timeliness outcomes for children in cover the court hearing with an each category. abbreviated court report.

For more information about establishing a GAL/CASA program, please contact Leslie Dunn at [email protected]. For more information about JDAI, please contact Nancy Wever at [email protected]. For more information about dual status assessments, please contact Matt Hagenbush at [email protected].

courttimes AUTUMN 2017 11 BY RACHEL ANDERLE, COMMUNICATION INTERN, OFFICE OF COMMUNICATION, EDUCATION AND OUTREACH

ICLEO 20th Anniversary Celebration Photos by Nathaniel Edmunds

In celebration of the Indiana Conference for Legal Education Opportunity’s (ICLEO) 20th anniversary, 160 judges, lawyers, program graduates, and supporters met in the Supreme Court Courtroom and welcomed former Chief Justice Randall Shepard to the podium with a standing ovation.

He told the story of ICLEO’s founding, which began with a few but powerful lines in his State of the Judiciary address and culminated in legislation that received overwhelming support in both the House and Senate.

Twenty years later, enthusiasm for the program remains unwavering as the Court continues to be dedicated to Many speakers not only celebrated Chief Justice Rush acknowledged its success. Chief Justice Loretta Rush the merits of the program, but the need to see diversity in the legal spoke of her longtime involvement championed diversity and expressed profession by referring to the portraits with the program, assuring everyone gratitude towards former Chief Justice of the Court’s former justices that that she is “in it for the long haul.” Shepard. surround the Courtroom walls. She

12 AUTUMN 2017 courttimes pointed out that some of the fourth graders who tour the room only see a bunch of “mad men,” expressing that a diverse class of lawyers helps to create a diverse slate of judges.

Other speakers made similar comments, including Court of Appeals Judge Rudolph Pyle III, who painted a picture of a diverse world where “lawyers will look like all Hoosiers, judges will look like all Hoosiers, and the law will be more likely to be applied equally to all Hoosiers.”

ICLEO’s efforts undoubtedly work to create a more diverse legal profession. But for each of the alumni speakers, the program has had a personal effect Opposite top: Members of the 20th ICLEO Class stand to be recognized during the ICLEO anniversary celebration. on the direction of their lives. Opposite below: ICLEO 1999 alumni and IU McKinney Deans Chasity Thompson, Patricia Kinney, and Indiana Court of Appeals Judge Rudolph Pyle Jr. speak to the audience during the celebration. For some, it gave them the Above: Former Chief Justice Randall Shepard speaks to members of the audience during the celebration. opportunity to go to law school, something that would not have been the program at an administrative and “We ask everyone to please pay it an option without the program. personal level. Former Chief Justice forward as we continue the ICLEO Shepard gave advice to the graduating legacy of service to our profession “I don’t know where I would be today, class of how they can do just that. and our community,” said Chastity I don’t know if I would have had the Thompson, ICLEO alum and opportunities that I’ve had, if not for “There are two things that you can do Assistant Dean, Office of Professional the ICLEO program,” said President that will matter,” he said. “The first is Development, and Adjunct Professor, and CEO of Indianapolis Power & to go out and be the very best lawyers at Indiana University Robert H. Light Company and ICLEO alum that you can possibly be, to prove that McKinney School of Law. Rafael Sanchez. CLEO is a good idea. The second is to save a little time and energy for the Chief Justice Rush affirmed the For others, the program prepared lawyers coming up behind you.” Court’s commitment to ICLEO, them for the academic rigor of law taking an opportunity to discuss school, setting them up for success. Program faculty and supporters took where the program will go from here. this advice to heart by dedicating “[We are] grateful for the knowledge themselves to the future and rising “We need to continue to grow the and skills that we acquired through ICLEO graduates. ICLEO program until the day that it is this program,” said Assistant Dean needed no more,” Chief Justice Rush of Admissions at Indiana University said, “that it is obsolete.” Robert H. McKinney School of Law and ICLEO alum Patricia Kinney.

While the event celebrated the Applications for the next ICLEO class will be program’s long-term success, it was also marked by an eagerness to available in November 2017 at courts.in.gov/cleo. continue the legacy by supporting

courttimes AUTUMN 2017 13 BY LESLIE S. DUNN | INDIANA STATE DIRECTOR OF GAL/CASA | INDIANA OFFICE OF COURT SERVICES Lake County CASA volunteer wins award from retired teachers

The Indiana Retired Teachers Indiana Retired Teachers Association (IRTA) selected Eugene Association Wease from Lake County to receive CASA Award the CASA Award at their Annual winner Eugene Wease with Representatives’ Assembly and GAL/CASA Awards Luncheon on June 14. State Director Leslie Dunn (L) and Lake Each year, the IRTA recognizes an County CASA outstanding member who has served Director Rehana Adat- as a CASA director, staff member, or Lopez (R). volunteer. The award was presented to Wease by Tom Mellish, Executive Director of IRTA, and Leslie Dunn, Indiana State Director of GAL/CASA.

The State Office of GAL/CASA and Submitted photo the IRTA began a partnership in Lake County Juvenile Judge Thomas his wife have played a critical role in 2007 to encourage retired teachers Stefaniak and others rely on the helping Lake County serve the needs of to become advocates for abused and information provided by CASA the thousands of children entering the neglected children. The partnership volunteers: “Lake County is extremely juvenile court system each year; their started when Wease was the State grateful to Gene Wease and his wife weekly participation in the Lake County President of the IRTA and has for their commitment to the Lake VIP Team and their regular visits to continued for the last 10 years. County CASA program. The child- children have helped ensure the safety focused information he and other and well-being of countless children.” Wease and his wife, Jeanne, have volunteers provide to the court about served as CASA volunteers in children involved in the child welfare Indiana now has certified CASA Lake County since 2008, and have system is critical to our ability to programs in 81 counties. Last year advocated for the best interests of make appropriate court orders for over 4,000 trained volunteers donated many children in the Lake County families and children.” 348,213 hours and advocated for Juvenile Court. Lake County has over 26,762 abused and neglected children. 3,000 abused and neglected children Wease was nominated for the IRTA The Indiana Office of Court Services every year. To meet the needs of all award by Lake County CASA Director administers the State Office of GAL/ these children, Lake County developed Rehana Adat-Lopez, who notes that CASA, providing funding and a specialized triage system, called “Gene’s dedication to the Lake County support to Indiana’s GAL/CASA the Volunteer Initial Visit and Case CASA program is unparalleled. He and programs. Planning Team, on which Gene and his wife have served for several years.

The team meets weekly to review all For more information about becoming a CASA volunteer, new cases/children who come into the visit casa.in.gov or childadvocatesnetwork.org or call system, then visit these children to check on their well-being and provide 1-800-542-0813. needed information to the court.

14 AUTUMN 2017 courttimes Indiana Chief Justice leads effort to combat opioid crisis

WILLIAMSBURG, VA (September 20, “I look forward to working with colleagues 2017) — The misuse of opioids such as across the nation to save lives, families heroin, morphine, and prescription pain This press release from and communities,” said Deborah Taylor medicines is not only a devastating public the National Center for Tate, task force co-chair and Tennessee’s health crisis, it is critically affecting the State Courts highlights state court administrator. administration of justice in courthouses a new task force focused throughout the United States. The number on combatting the Financial support for the study group of children in foster care because of comes from the State Justice Institute parental substance abuse has nearly tripled nationwide opioid crisis. (SJI). The National Center for State since 2012, and drug overdose deaths are Courts (NCSC) will provide additional at record highs. Loretta H. Rush, Chief funding, as well as staffing support. Justice of Indiana, In response to this national crisis, top state co-chairs the task force The work plan for the judicial branch court leaders have formed a task force to with Tennessee State task force includes the following find solutions, examine current efforts, and strategies: make recommendations to address the Court Administrator opioid epidemic’s ongoing impact on the Deborah Taylor Tate. Convening representatives from state justice system. Chief Justice Rush also and federal government and key national serves on the Conference organizations to share existing strategies “The judiciary is deeply engaged in saving of Chief Justices Board of and identify unmet needs. families—especially children—from this Directors. epidemic, yet we must step up even more,” Creating partnerships with entities said Ohio Supreme Court Chief Justice addressing the impact of opioids on Maureen O’Connor, who also is president of children, with specific emphasis on the national Conference of Chief Justices. foster care, assisting state courts in task force. Other task force members developing opioid task forces, and The Conference of Chief Justices (CCJ) from CCJ include Chief Justice Mark working with existing state task forces is the association of the top judicial Cady of Iowa, Chief Justice Judith to make recommendations for local leaders from the 50 states, D.C., and the Nakamura of New Mexico, and Chief response efforts. U.S. territories, and the Conference of Justice of Vermont. Other State Court Administrators (COSCA) is task force members from COSCA include Developing guiding principles that the association of court executives that Michael Buenger of Ohio, Nancy Dixon of state courts can use for successful oversees judicial administration in the state Kansas, and Corey Steel of Nebraska. collaboration among treatment providers, courts. The two groups jointly adopted a criminal justice systems, and child policy resolution at the conclusion of their “While much attention has deservedly welfare agencies. recent annual conference in Philadelphia to been focused on this epidemic’s health establish a task force that would document impact, we cannot ignore the significant Creating a checklist of state legislation, current inter-branch activities to address legal issues it also raises. It has become policy, and court rules that aid or inhibit the opioid epidemic and make further a recurring theme throughout our response efforts. recommendations. nation that this crisis is crippling our communities and overwhelming our An initial in-person meeting of the Indiana Chief Justice Loretta H. Rush courts,” said Chief Justice of Indiana members of the task force will take and Tennessee State Court Administrator Loretta H. Rush, co-chair of the new task place in Washington, DC on November Deborah Taylor Tate are co-chairs of the force. 13, 2017.

courttimes AUTUMN 2017 15 BY JOHN McGAULEY, COURT EXECUTIVE, ALLEN SUPERIOR COURT Photos by John McGauley, Allen Superior Court Photos by John McGauley,

COURTROOM 107 Matching modern day needs with historic courthouses

It is a challenge faced by courts In 2014, a committee of Judges throughout Indiana: matching the including Stanley Levine, Nancy modern day needs of the courts When our Eshcoff Boyer, and Frances Gull, with the limitations of historic set out to tackle a problem that was courthouses. But in Allen County, Courthouse opened daunting in every way. an abundance of will and ingenuity found a way to tackle the problem. in 1902, no one Between Allen Circuit and Superior thought of the Courts, 23 judicial officers juggle 14 After struggling for years with limited courtrooms. Thirteen of those spaces space and aging technology, Allen needs the judiciary are either land-locked or grand, Superior Court Judges embarked ornate courtrooms that cannot be on a project with the County would face in the expanded or altered in significant Commissioners and others that ways. The Allen County Courthouse st resulted in a cutting-edge courtroom 21 Century.” is on the National Register of Historic experience for judges, staff, litigants - Judge Stanley Levine - Places and has also been designated a and jurors. National Historic Landmark.

Courtroom 107, located on the first Only Courtroom 107 offered any floor of the Allen County Courthouse, “When our courthouse opened in hope of expansion. had not been renovated or expanded 1902, no one thought of the needs the since the early 1990s. Opportunities judiciary would face in the 21st Century,” Courtroom 107 is used mainly by to expand the courtroom were said Superior Court Judge Stanley Civil Division Judges, whose complex limited. It was wedged in between Levine. “This courthouse is a tribute to calendar of cases need modern audio/ a law library and offices of the art, architecture, and grandeur and a video presentation and recording Courthouse Preservation Trust, treasure in our community. But those systems, ample jury and spectator the historic preservation arm that attributes do not always provide the spaces, and access for the disabled. oversees upkeep of the courthouse. tools we need in today’s world.”

16 AUTUMN 2017 courttimes Photos by Vance Hernandez, Allen County Director of Buildings and Grounds Hernandez, Vance Photos by

Opposite: Judges Nancy Boyer, Stanley Levine, and Frances Gull speak with Courthouse building crew and courthouse staff while unveiling Courtroom 107, a renovated space in the Allen County Courthouse. Above: Allen County Commissioners Nelson Peters (left) and Therese Brown (right), present the Commissioners’ Civil Service Award in Courtroom 107 to Trish Gratz (middle), Court Reporter to Judge Craig Bobay. Right: Photos from Courtroom 107’s renovation phase.

As it existed, Courtroom 107 was “Allen County’s building department cramped, with limited seating and does incredible work,” said Judge Boyer. space for, at most, six jurors. Its “But we wanted to make sure this presentation technology was outdated project would meet the Court’s needs and jurors had to head elsewhere now and for many years to come. So we in the courthouse for breaks and invested additional resources in the help deliberations. Even the judge’s bench of an architect who could optimize the was positioned at an angle that made space and design it around the flow of it hard to conduct business. the courtroom process.”

The Judges had a vision for the The project would need more than courtroom, and sought the advice great ideas and a modern design of Fort Wayne architect Ed Welling to work. It needed the support of of Grinsfelder Associates Architects, the County Commissioners and to help design what Allen County’s of the entities that sat on either Buildings and Grounds Department side of the courtroom. The judges would eventually build. partnered with Commissioner Linda Bloom, who for many years has been the commissioners’ point person on courthouse operations, to negotiate the reallocation of precious courthouse space.

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“While Allen County has grown by leaps and bounds, its Courthouse hasn’t grown an inch in 115 years,” said Judge Gull. “In order for our courtroom to grow, someone else had to give up space. The generosity that greeted us really showed what can happen when we work together to implement significant priorities of our courts.”

The Allen County Law Library gave up much of its square footage, a change made possible by the prioritization of its law book collection and the online availability of information. Even the Courthouse Preservation Trust relocated as part of the project. Judges Nancy Boyer, Stanley Levine, and Frances Gull speak with Courthouse building crew and courthouse staff while unveiling Courtroom 107, a renovated space in the Allen County Courthouse. Allen County Buildings and Grounds builders, electricians, and carpenters worked three shifts a day to complete the project, which lasted Other improvements: from October 2016 until February 2017. Vance Hernandez, Director Growing the jury box from 6 to 12 seats. of Buildings and Grounds, worked in tandem with the Judges and The additional juror space made the courtroom more flexible for Commissioners to make sure the use by criminal division courts as well as the civil courts. project went to plan.

When the dust settled, the project Doubling the amount of spectator seating, resulted in a facility that is already where potential jurors wait to be selected. attracting visitors from around the state interested in seeing the latest in cutting-edge courtroom technology Making the courtroom, including the and design. judge’s bench, fully ADA compatible. According to Welling, the courtroom more than doubled in size, to 1,945 square feet. A newly built jury room is accessible directly from the In addition, the vendor that “This project is a step forward for our courtroom, without having to pass provided the old courtroom’s digital courts that will make an enormous through public spaces. The jury room presentation and recording system difference for litigants, staff, and also doubles as conference space for invested significant time, energy, and judges,” Judge Gull added. “It seemed the judges. The larger courtroom enthusiasm to update the system and like something that might just be also allowed for expansion of space create a showcase of how technology impossible. I guess it never hurts to for plaintiff and defendant attorney can make the courtroom experience a s k .” tables. more effective.

18 AUTUMN 2017 courttimes SPOTLIGHT

Submitted photo Judicial appointments Sara Anne Dungan was appointed as Judge of Morgan County Superior Court III succeeding Judge Jane Spencer Craney. Dungan has extensive experience with the Morgan County judicial system, having served as deputy prosecutor for nine years and as the Magistrate of the Morgan County Circuit and Superior Courts for the last three years.

Peter Douglas Nugent was appointed by Governor Holcomb to the Johnson County Superior Court II, succeeding Judge Cynthia S. Emkes, who is retiring after 30 years on the bench. Nugent has extensive experience Clark County Judge Vicki Carmichael with Leyden Pavlica, Law Day speech winner in both civil and criminal law, having served as a deputy from Christian Academy. The fifth-grader was awarded $500 for his speech on why prosecutor, as well as a public defender. he was “proud to be an American.” Judge James R. Ahler, Jasper Superior Court, resigned his position effective June 15, 2017 to assume a position as a Law Day in Clark County United States Bankruptcy Judge. Judges, magistrates, and attorneys from Clark and Floyd counties,along with the local bar association, put on a Law Day event for kids. Students gave speeches on the reason Court vacancies they are “proud to be an American.” A panel of attorneys The Office of Indiana Governor Eric Holcomb is accepting, from Clark and Floyd counties selected three finalists. A or has accepted, applications for the position of judge for student from Christian Academy was named the winner the following courts: and was awarded a $500 prize. • Hamilton Superior Court 5 • Hancock Circuit Court Salute to Justice Rucker • Jasper Superior Court • Porter Superior Court 2 Indiana University McKinney School of Law held a • Tippecanoe Circuit Court “Salute to Justice Robert D. Rucker’s Contributions to • Wabash Superior Court Indiana Law” on May 24. Justice Rucker reunited with Justices Boehm, Dickson, Shepard, and Sullivan to reminisce on their 11 years together on the Court, and WINGS grant awarded to Court respond to questions from the audience. The American Bar Association Commission on Law and Aging awarded a $30,000 “FOCUS WINGS” grant to the Indiana Supreme Court, one of only three states with an Walker named Clerk of the Year existing WINGS program (Working Interdisciplinary Henry County Clerk Debbie Walker was selected by Networks of Guardianship Stakeholders). Indiana will the Association of Clerks of Circuit Courts of Indiana use the grant to focus on less restrictive decision-making (ACCIND) as the 2017 Marlene Sutton Clerk of the Year. options.

WINGS groups open doorways to communication among Mock trial entities serving the same populations. The project will test WINGS as a replicable model for making improvements in LaPorte Circuit Court Judge Tom Alevizos held a mock guardianship, addressing abuse, and avoiding over-broad trial for high school students. He also received a Leadership or unnecessary guardianship. Award from the Urban League of Northwest Indiana.

courttimes AUTUMN 2017 19 SIDEBAR

BY JAMES F. MAGUIRE | EDITOR | INDIANA COURT TIMES

Madison Superior Court Judge Mark Dudley graduated from Indiana University – Bloomington with degrees in history and political science, and obtained his law degree, cum laude, from Indiana University Maurer School of Law in 1990.

He began his professional career in 1991 and maintained an active civil practice until he was appointed to the bench by Governor Mike Pence in 2015 to replace Judge Dennis D. Carroll. He won in a contested May primary election and then to a full term in the November 2016 general election.

Judge Dudley lives in rural Madison County with his wife, Christine, and their six daughters: Anna (IU-Bloomington first year medical student), Teresa (St. Mary-of-the-Woods College junior), Monica (Marion University sophomore), Sarah (Pendleton Heights High School senior), Catherine (8th grade), and Maria (4th grade). This is the forty-second of our Court Times articles that highlight up close and personal Christine has home-schooled the girls through the eighth grade, a member of the Indiana Judiciary. when upon graduation they have attended Pendleton Heights High School. Judge Dudley ran his first Boston Marathon in 2016 and intends to run the Indianapolis Monumental Marathon with his daughter, Anna, this November.

What do you like most and least about being a trial court judge? What I enjoy most is watching capable attorneys work. Good lawyers can take routine and somewhat dry material and turn it into a compelling story.

The least enjoyable part of being a trial court judge for me is the seemingly unending stream of drug-affected people. I see how drugs affect people on a daily basis, and it can be depressing. I don't enjoy watching the havoc wrought upon their lives by drugs and their inability to break their addiction. As a judge, I often feel powerless to effectively intervene, and the feeling of powerlessness is not enjoyable.

What was your major in college and why did you decide to study law? My majors were history and political science. In the spring of my junior year at Indiana University, I thought with history and Judge Dudley and his daughter, Maria, after Dudley completed the 2017 political science degrees, I might be able to find a job working for Boston Marathon. a government agency or teaching at the high school level.

20 AUTUMN 2017 courttimes A brief stint as a religious education teacher proved I had few skills to be a teacher and I might mentally scar my students. My undeveloped and vague government idea did not appeal to me. Submitted photos I then thought I could pursue a master’s in history. This thought appealed to me, but what can someone do with a master’s? I really liked college, so I considered how could I extend my experience? The answer was to go to law school, and I did just that.

What would you do if you were not a judge? If I were not a judge, I would be a lawyer.

Who are the people you most admire? The person I most admire is my mentor and friend, Max Howard. I started practicing law with Max back in 1991. If I was ever remotely good at practicing law, it was due to Max’s influence. Judge Dudley with his wife and daughters after a race. L-R: Maria, wife Christine, Every day Max embodies the attributes listed in our code of Catherine, Sarah, Teresa, Judge Dudley, and Monica. professional conduct. He is honorable and an unwavering advocate for his clients. He is generous and caring and always Additional photos accompany the looking to help those around him. online version at indianacourts.us/times

What are your hobbies or favorite leisure activities? Do you have a favorite quote(s)? My leisure activity is running, but I wonder whether it is my “Take a deep breath.” As a father of six daughters, I have found favorite. A good friend reminds me running is the only sport that, this phrase is effective in defusing conflict. while you are doing it, your prime hope is it will be over soon. Nevertheless, running keeps me connected to my adult daughters Where is your favorite vacation spot? and provides a healthy activity to do with my wife. As a child, our family spent two weeks every summer at Long What is on your recommended reading list? Beach, North Carolina at my grandparents’ house. We went to the beach nearly every day, swam in the ocean, dug clams to eat, I tend not to recommend books because everyone’s interest varies fished from the dock on an inland waterway, and trapped blue so much. With that said, I have read recently and enjoyed Rick crabs from the dock. Atkinson’s The Guns at Last Light and, at the request of one of my daughters, revisited one of my childhood favorites, The New Occasionally, I went out on a chartered boat to fish on the ocean Adventures of the Mad Scientist Club by Bertrand Brinley. or down to the Piggly Wiggly with my grandfather to get a few food items. Long Beach was great because of the positive Where did you grow up and how would experiences I had being there with my family. you describe your childhood? I grew up in Greencastle, Indiana through the 6th grade, which is and Do you have a favorite meal, recipe, and was a great town to grow up in as a young boy. I had free reign of restaurant? the town, DePauw University, and the surrounding countryside. There is no better meal than a good peanut butter and jelly sandwich. Throughout college and law school every lunch was I flew kites at the observatory up the road from my house, a peanut butter and jelly sandwich. I continue the tradition, explored in the woods, rode my bike to nearby lakes and ponds, and Saturday lunches are also always a peanut butter and jelly bowled at DePauw’s union, and visited the fraternity houses for sandwich. For me, food is a means to an end, and the PB&J is Halloween apple bobbing. filling, tasty, and requires almost no time to make or eat.

courttimes AUTUMN 2017 21 FAMILY VIOLENCE

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

How do you define success? ... studies dating back to the 1980s have Is it running an efficient court—the volume of cases you’ve cleared each consistently shown that what matters quarter? Or do you look at recidivism by individual defendants, or maybe most to parties to litigation (even more the number of return trips to court by parties in a contested dissolution than outcomes, costs, or delays) is whether case? they thought the process was fair. In fact, studies dating back to the 1980s have consistently shown that what matters most to parties to litigation (even more than outcomes, costs, or delays) is whether they All of the study participants were likelihood they would use the court thought the process was fair. female, all had come to court system in the future, as well as their Procedural justice outweighs all other following the arrest of their current or perceptions of the overall fairness of factors related to peoples’ satisfaction former intimate partners, and all were the court procedures. with the court system. seeking a civil protection order. The women in this study had been victims The results of Calton and Cattaneo’s In 2014, a study published in the of serious and severe physical violence research demonstrate the power American Journal of Orthopsychiatry before coming to court; many of their of procedural fairness. They found considered the importance of cases involved a weapon or sexual that “[r]egardless of case disposition procedural justice in domestic assault, and many had been abused and repeat abuse, procedural justice violence cases. Jenna Calton and repeatedly. predicted increased victim wellbeing, Lauren B. Cattaneo of the Psychology indicating that fair court processes Department at George Mason The researchers measured both may help victims by positively University examined victims’ objective data (such as case outcomes) affecting their mental health . . . subjective experiences with the court and subjective factors, which even the victims who do not receive system (including judges, court staff, included the victims’ assessments CPOs or see convictions in a criminal and others) in both civil and criminal of their quality of life, whether they case against an abusive partner may cases. experienced depression, and the benefit from the court process.”

22 AUTUMN 2017 courttimes The greater a victim’s sense of A series of short videos in the procedural justice, the more likely “resources” section highlight parties’ Important Reminder she would be to return to the court experiences of a “multitasking Ind. Code 5-2-9-6 (b) requires system if she were re-abused. In other judge” who signs a stack of routine clerks to maintain a separate words, if a party felt validated and orders while conducting a hearing file for Confidential Forms supported by the court process—even on whether to remove a no-contact (PO-0104), which accompany if that process delivered an adverse order; a “computerized judge” who, criminal and juvenile no-contact result—that party reported a better during a termination of parental orders, civil and child protection quality of life and an intention to seek rights hearing, consults a computer, orders, and workplace violence help in the future. a tablet, and a smartphone; a court restraining orders. staffer who interacts with an upset This research can translate into litigant in the court office; and, a Ind. Code 5-2-9-7 strictly limits real actions that courts should take judge presiding over a high-volume who may access the information to improve procedural justice in docket of initial hearings. on PO-0104. Defendants, civil protection order and criminal respondents, and their attorneys family violence cases. How? The The Center for Court Innovation are not allowed to access this National Center for State Courts offers resources on procedural justice information. has an excellent web-based learning at courtinnovation.org. A specific module on procedural fairness at publication, Integrating Procedural proceduralfairness.org. Justice in Domestic Violence Cases, provides examples of best practices and can be found at courtinnovation.org.

Judges can also ensure their staff members are trained in the complexities and dynamics of family violence and understand how to best interact with both alleged victims and accused parties at all stages of a case.

Parties, witnesses, and alleged victims need to understand the court process and feel that their voices have been heard. Litigants want their cases decided by a neutral arbiter who treats them with dignity and respect. It is easy to understand why parties may feel that the process is unfair if they experience anything less.

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 AUTUMN 2017 23 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

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Mary L. DePrez Counsel & Director for Trial Court Technology

Tom Carusillo Senior Counsel, Office of Judicial Administration

Leslie S. Dunn State Director, GAL/CASA, Indiana Office Of Court Services Stay Connected

Ruth D. Reichard Family Violence Resource Attorney, Indiana Office of Court Services The Indiana Court Times is available online at courts.in.gov/times James F. Maguire Staff Attorney, Indiana Office of Court Services If you like the online version better than the magazine, you can unsubscribe from the paper version by emailing Yolanda Rachel Anderle Collins at [email protected]. Communication Intern, Office of Communication, Education and Outreach Subscribe to the Court Times online by email or with the John McGauley RSS reader of your choice. Court Executive, Allen Superior Court

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