Justices' transfer action posted online weekly

Michael W. Hoskins
May 24, 2010
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In order to increase efficiency and reduce administrative redundancies at the appellate clerk's office, attorneys and law firms will no longer receive weekly e-mails about cases the Indiana Supreme Court has agreed to consider.

Indiana Appellate Clerk and Supreme Court Administrator Kevin S. Smith sent an e-mail Friday that alerted members of the public and legal community about the change. The clerk's office for several years had been sending weekly updates about the state justices' transfers granted during their private weekly conferences.

Those weekly updates known as the "Clerk's Transfer Action Report" will be replaced with full online lists about the appeal transfers and denials by the Indiana Supreme Court. The transfer disposition information is already being posted on the state judiciary's website at, and will also be publicly released in Twitter updates by the state's highest court.

"Because the Clerk's Transfer Action Report contains the same information that our staff is separately typing up in these "Transfer Granted" emails, it makes little sense, administratively, for us to continue separately producing and transmitting the "Transfer Granted" e-mails as well, especially when the resources we devote to this effort are greatly needed elsewhere," Smith wrote in the e-mail.

Smith also pointed out that his office is creating this report in a Microsoft Excel document, allowing viewers to sort and filter the data on whatever cases they might want to see.

Traditionally, those transfer granted e-mails from a clerk's office staff member have gone out as soon as Thursday on the day of the justices' conferences, but usually are received by Monday the following week. Smith said the online reports will be posted in a timely manner and depend on various factors such as staffing availability, the number of transfer orders issued by the Supreme Court, and other court orders and activity that may be happening simultaneously with the three state appellate courts.

With the most recent conference activity from last week, the clerk's office posted the online report today about the 14 cases considered on Thursday. Justices didn't grant any transfers. But the denial in Cory A. McClarin v. State of Indiana, No. 20A05-0909-CR-553, in which all the justices concurred, there is an interesting and uncommon note regarding Chief Justice Randall T. Shepard's thought on the case ruled on by the Court of Appeals in March.

The denial note says the chief justice "joins in denying the Petition to Transfer, believing that the trial court has correctly been affirmed, but compliments to attorney Donald Shuler on the very high quality of the brief he filed on his client's behalf."


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  1. I think the cops are doing a great job locking up criminals. The Murder rates in the inner cities are skyrocketing and you think that too any people are being incarcerated. Maybe we need to lock up more of them. We have the ACLU, BLM, NAACP, Civil right Division of the DOJ, the innocent Project etc. We have court system with an appeal process that can go on for years, with attorneys supplied by the government. I'm confused as to how that translates into the idea that the defendants are not being represented properly. Maybe the attorneys need to do more Pro-Bono work

  2. We do not have 10% of our population (which would mean about 32 million) incarcerated. It's closer to 2%.

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  4. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  5. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.