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ISBA offers 'insider view' of appellate courts

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Indiana attorneys and jurists came together Wednesday to get an insider's view of the state's appellate process and learn more about the nuances of the system.

An afternoon continuing legal education seminar took about 100 attorneys on a walk through the appellate process, from filing motions, how staff attorneys and courts review, and what lawyers can do to make the process easier.

"This is the stuff we all get sweaty palms about, and we'd like to know where the daggers might be coming from," said Indiana State Bar Association president Richard Eynon, who attended the two-hour session.

Put on by the ISBA's Appellate Practice Section, the afternoon seminar was led by a six-member panel including Kent Zepick with Bingham McHale, who moderated the panel discussion; Kevin Smith, Indiana Supreme Court Administrator and Clerk of the Appellate Courts; Heather Smith, Deputy Clerk of the Appellate Courts; Danielle Sheff, a staff attorney for the Indiana Court of Appeals; Russ Hughes, a staff attorney for senior judges on the Indiana Court of Appeals; and Steve Lancaster, Indiana Court of Appeals administrator.

Topics that received attention during the seminar included new procedures attorneys will have to follow for "rotunda filing" once new security systems are in place at the Statehouse, recent appeals involving state administrative agencies relating to how motions and notices must be filed, and how attorneys can assist judges and court staff by including trial court chronological case summaries with their appellate summaries even though court rules don't require it.

"Don't think our court has easy access to trial court records," Sheff said, noting that 7,800 motions with orders came last year and the court often uses Doxpop or CivicNet to access trial records when needed. "If we have to stop to look up the history on your motion, that takes time from everything else."

Another topic delved into an ongoing issue of attorneys' incorrectly citing "Not For Publication" memorandum decisions, especially those being picked up by WestLaw and given N.E. 2d citations.

Panelists also discussed an appellate e-filing system that is currently being studied and could be implemented by the end of the fiscal year July 1, 2008. The courts are investigating IT needs for the entire appellate level this month and want to hear from the legal community this year about how the courts can better assist everyone on this.

"This is your chance to tell us what you like and don't like," Smith said.
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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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