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a footnote in today's decision Karen R. Berry Williams v. State of Indiana, No. 73A01-0511-CR-513, and the March 20 Not for Publication ruling on Jerry A. Gore v. State of Indiana, No. 18A05-0610-CR-587.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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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