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Chief justice: courts handling the tough times

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The recession has hit Indiana's judiciary just as it has everyone else, but the state's chief justice said record numbers of cases are slamming the courts and the General Assembly can help ease that caseload.

In his annual State of the Judiciary this afternoon, Indiana Chief Justice Randall T. Shepard appeared before the General Assembly to update lawmakers not only about the judiciary's work in the past year but also about ways to move forward despite the economic and budget woes.

"Some of these changes stand well on their own, but others are things I wish we didn't have to do, but there are lots of people in government making changes they wish they didn't have to make," he said.

The chief justice encouraged lawmakers to support any measures designed to help the judiciary collect all revenue that the law says is due from court operations so that it can go directly to state and county budgets that need it. Because requests for new courts and judges just aren't reasonable because of the economic state, the chief justice urged lawmakers to support legislation that would allow retired magistrates to also work as senior judges to ease local caseloads.

Additionally, the chief justice recommended that lawmakers support legislation that would create a framework for new veterans' courts, problem-solving courts that would allow the judiciary to better deal with those with special disabilities stemming from military service pressures. This would mimic what's already been done with drug and re-entry courts, he said.

"This bill has no fiscal note at all, and indeed the net of these three ideas is revenue positive," he said, adding to a message that the judiciary will do all that it can to assist in these tough times.

As a way to save money, the judiciary is already stopping a practice it's had since 1817: mailing appellate decisions to attorneys. Instead, the courts are sending them by e-mail only, which will save $39,000 this year alone, he said. The judiciary has also decided in the past week to postpone for 2010 the regional trial judge seminars conducted each spring, which will help save about $16,000. And the courts aren't filling some senior staff positions within State Court Administration to help save $227,000.

"I know these numbers are modest in comparison to the numbers Gov. Daniels mentioned last night (during his State of the State address), but the whole court system is a very small part of the budget," the chief justice said.

Chief Justice Shepard also pointed to areas the judiciary has worked on during 2009: a statewide electronic protective order registry system is enacted in every county, and hundreds of law enforcement agencies have used the e-citation system implemented in the past year. He also pointed out the 1,112 attorneys and judges who've been trained to help in mortgage foreclosure cases, and that the judiciary will soon put facilitators into foreclosure-settlement sessions to help. In addition, the number of new volunteers trained as court-appointed special advocates in 2009 increased 26 percent over 2008 .

He also spoke about how the state's judicial branch is about ready to unveil new statewide jury instructions that will be easier for non-attorneys to understand and how a statewide assessment tool for juvenile offenders in the Department of Correction has been adopted.

"Even as our team of trial judges moves ahead planning for our future, in place after place, judges and lawyers and court staff have managed in the here and now to summon the energy, the focus, the tough-mindedness to ramp up the system even in the midst of crisis," he said.

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  1. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  2. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  3. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  4. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  5. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

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