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Annual address praises court activity despite economy, changing times

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Even though times are tough, the Indiana chief justice says the Hoosier judiciary remains strong and continues to be a leader that other states look to as an example.

Giving his 24th annual State of the Judiciary speech before a joint session of the Indiana General Assembly on Jan. 12, Chief Justice Randall T. Shepard praised the state court system’s efforts during the past year that have materialized despite the economic climate and lack of resources for everyone.

Referring to the public commentary that is happening in Indiana and nationwide on how broken government is and that public leaders aren’t listening to constituents, the chief justice talked about how the legal community has responded and proven that it can rise above the economic crisis.
 

state-judiciary2011-15col Indiana Chief Justice Randall T. Shepard gave his annual State of the Judiciary on Jan. 12 in front of the Indiana General Assembly. This marked the 24th time he has delivered that speech before a joint session of state lawmakers. (IL Photo/ Perry Reichanadter)

“In short, Indiana’s judiciary is one that keeps its feet planted firmly on this territory, on Hoosier soil, while keeping its eyes on the horizon,” Chief Justice Shepard said. He highlighted four areas where he observed the state courts thriving during 2010.

Mortgage foreclosures: With foreclosure filings higher last year than in 2009 and many courts burdened with those cases, the chief justice highlighted how homeowners now have the opportunity to participate in a settlement conference. He stated that more than 40 percent of homeowners respond when a court sends out a separate settlement notice. The conferences are currently used in counties having 60 percent of the foreclosures, and Chief Justice Shepard said they’ll be implemented statewide by the end of this year, along with the best practices document State Court Administration recently published to help judges outline case management plans.

Smarter sentencing: As the state legislature discusses how to revise sentencing so that high-risk offenders receive appropriate sentences and are incarcerated, the chief justice explained that local corrections officials have already been tackling that issue. He discussed how a risk assessment tool recently became mandatory for every criminal and delinquency court statewide, and he said that 2,300 probation officers, judges, and court staff have been trained to use it.

Technology: Praising the continued implementation of the statewide case management system called Odyssey, the chief justice said it is currently being used in 77 courts in 26 counties and at least 175 courts are on a waiting list to participate. The participation reflects use in a third of the state’s courts since the project began in late 2007, and he urged lawmakers to temporarily increase from $7 to $10 the automated record-keeping fee to help speed up the process. The chief justice also praised other technology avenues that have been put into place during the past year, including electronic notification systems tracking police citations, protective orders in domestic violence cases, and when someone is adjudicated mentally ill so those individuals can be kept from obtaining firearms.

Jury instructions: The chief justice stated that the state unveiled new instructions last fall, taking much of the legalese out of courtroom instructions and replacing it with examples and language that non-attorneys can easily understand.

“The men and women of the Indiana courts tackle all these issues and more, both through long-range strategic planning and through immediate action,” Chief Justice Shepard said. “So, it’s with the men and women of Indiana’s courts, who’ve proven themselves able at diagnosing a defect or identifying an opportunity, recruiting talented people, and capable of seizing the moment on the basis of the best ideas available.”•

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  1. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  2. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

  3. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  4. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  5. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

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