ILNews

Appellate office clears backlog

Michael W. Hoskins
January 1, 2008
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A new shift in the Indiana Appellate Clerk's Office has helped eliminate a backlog that created delays for some files getting to the appropriate court and appearing on the docket.

Dealing with a backlog that's been evident for months, Appellate Clerk Kevin Smith started making changes late last year after becoming concerned with the ability to keep up with growing caseloads and intake workloads. The office implemented staff and organizational changes in January that involved hiring new employees, shuffling existing staff, and creating an extra morning shift to process paperwork more quickly.

An office manager spot created in January to supervise case managers meshed with a new 5 to 8 a.m. shift that started Feb. 4, Smith said, and his office was able to "virtually eliminate" the backlog of unprocessed filings that before could sit for days or even weeks.

After his office was able to completely purge the backlog this week, Smith says no filing in his office is more than 24 hours old from its arrival date and filings are being docketed within a day. Most that arrive by mail in the morning are processed by the end of the day, and those arriving later are processed by the end of the next day, he said.

While this probably isn't the first time an appellate clerk has been able to process filings within a day, Smith noted that he is the first in recent memory to put a formal policy into place to make this a top priority.

For attorneys, Smith said this backlog elimination means less chance exists for documents to get misplaced or overlooked, as has happened in the past.

Unforeseen issues inevitably arise that may cause some filings to be processed outside the 24-hour goal, Smith admits. Those include unexpected staff absences or departures, holiday seasons, or times when the office is "slammed" with a more than typical amount of filings.

"Even the inevitable occasional 'spikes' should not prevent time-sensitive materials from getting processed immediately, given our new triage system," Smith wrote in an e-mail to Indiana Lawyer.

Smith encourages attorneys to contact his office directly if they have any concerns or do not see a mailed submission posted on the online docket within five business days. He also encourages appellate attorneys to give his office a heads-up about a time-sensitive motion or filing they plan to make, as well as not waiting until the last minute. The Appellate Clerk's Office can be reached directly by calling (317) 232-1930, or by sending an e-mail via the Indiana Judiciary Web site.
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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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