ILNews

COA footnotes: more past delays found

Michael W. Hoskins
January 1, 2008
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Examples are still surfacing about how files had been delayed in getting transmitted to the Indiana Court of Appeals, although the Appellate Clerk's office has been backlog-free for about a month and these instances only highlight what had happened in the past.

Two opinions in the past week show cases that were not transmitted from the clerk's office for eight months and almost two years, respectively. Both included footnotes explaining the situation, recent reforms, and advice to counsel about keeping tabs on case statutes.

"We have recently become aware of some difficulties in receiving the prompt transmission of fully-briefed appeals to our court," says a footnote in today's decision Karen R. Berry Williams v. State of Indiana, No. 73A01-0511-CR-513, and the March 20 Not for Publication ruling on Jerry A. Gore v. State of Indiana, No. 18A05-0610-CR-587.

Williams was fully briefed March 26, 2006, but not transferred to the appellate court until Feb. 18, 2008; Gore was briefed June 21, 2007, and transferred Feb. 26, 2008, the footnotes say. At least four opinions dating to late last year have cited similar issues.

The footnotes also mention Lake County Board of Elections and Registration, et al. v. Anthony Copeland, No. 45A04-0710-CV-560, issued on Feb. 27, 2008, and Gilbert v. State of Indiana, 874 N.E.2d 1015 (Ind. Ct. App. 2007), released in October 2007.

Chief Judge John Baker, who authored both opinions and inserted the footnotes, told Indiana Lawyer earlier this week that he was proud of how the clerk's office had addressed and resolved the issues. Most credit should be given to Clerk Kevin Smith, the judge said, because he has been putting measures in place to solve the issues since the fall.

"The Clerk of the Court has assured us that a new system and periodic inventory review program have been implemented to minimize future delays," today's footnote in Williams says.

Dealing with a backlog that's been evident for months, Smith started making changes in late 2007 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. He reported in late February that his office had purged the backlog and no filing was more than 24 hours old from its arrival date, and everything is docketed within a day.

Chief Judge Baker said attorneys can check the clerk's online docket to confirm that the case has, in fact, been transmitted to the court after being fully briefed.

Smith also 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 suggests that appellate attorneys 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 at (317) 232-1930 or by sending an e-mail via the Indiana Judiciary's Web site.
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  1. Your article is a good intro the recent amendments to Fed.R.Civ.P. For a much longer - though not necessarily better -- summary, counsel might want to read THE CHIEF UMPIRE IS CHANGING THE STRIKE ZONE, which I co-authored and which was just published in the January issue of THE VERDICT (the monthly publication of the Indiana Trial Lawyers Association).

  2. Thank you, John Smith, for pointing out a needed correction. The article has been revised.

  3. The "National institute for Justice" is an agency for the Dept of Justice. That is not the law firm you are talking about in this article. The "institute for justice" is a public interest law firm. http://ij.org/ thanks for interesting article however

  4. I would like to try to find a lawyer as soon possible I've had my money stolen off of my bank card driver pressed charges and I try to get the information they need it and a Social Security board is just give me a hold up a run around for no reason and now it think it might be too late cuz its been over a year I believe and I can't get the right information they need because they keep giving me the runaroundwhat should I do about that

  5. It is wonderful that Indiana DOC is making some truly admirable and positive changes. People with serious mental illness, intellectual disability or developmental disability will benefit from these changes. It will be much better if people can get some help and resources that promote their health and growth than if they suffer alone. If people experience positive growth or healing of their health issues, they may be less likely to do the things that caused them to come to prison in the first place. This will be of benefit for everyone. I am also so happy that Indiana DOC added correctional personnel and mental health staffing. These are tough issues to work with. There should be adequate staffing in prisons so correctional officers and other staff are able to do the kind of work they really want to do-helping people grow and change-rather than just trying to manage chaos. Correctional officers and other staff deserve this. It would be great to see increased mental health services and services for people with intellectual or developmental disabilities in the community so that fewer people will have to receive help and support in prisons. Community services would like be less expensive, inherently less demeaning and just a whole lot better for everyone.

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