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Court amends public accessibility, other rules

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The Indiana Supreme Court has revised its administrative and appellate rules governing how trial courts make records publicly accessible and how appeals are handled in certain cases requiring confidentiality.

Orders dated Oct. 6 dictate access to court records and says trial courts may manage access to audio and video recordings of its proceedings to the extent that may be deemed appropriate and not interfering with court operations. Justices reached a decision on the issue late last week during a weekly conference.

When a trial judge seals a portion or entire case, that decision carries over to the appellate courts unless the appellate court decides otherwise.

At the appellate level, the clerk is required in certain confidentially bound cases - such as juvenile, paternity, and termination of parental right cases - to make the appellate chronological case summary publicly accessible but is able to change the party names "in a matter reasonably calculated to provide anonymity and privacy."

That confidentially extends to appellate arguments and hearings, where attorneys will refer to the case and parties as identified on the record and not be able to disclose anything excluded from public access.

In studying this issue during the past year, the Indiana Supreme Court's Records Management Committee had originally discussed the possibility of creating a second docket that would be publicly accessible in order to shield the parties, as well as the attorneys involved in the case. That is not happening, according to the court order and the committee's chair, Justice Brent Dickson.

"This doesn't attempt to create a formula," Justice Dickson said. "It's basically an operational call by the clerk, and the clerk is to come up with what they find appropriate for designations to meet the rule and comply with statutory obligations."

In the order, the court also amended its rule regarding court record security and added commentary that includes examples of what judges can do to ensure recordings aren't altered.

"The court is required to preserve the integrity of audio and video recordings of court proceedings," the rule states, adding that options include supervised playback for listening or copying, creating a copy of the record for use during playback, and notifying the involved parties about the accessed record.

Rule revisions take effect Jan. 1, 2009. Both the appellate rule order and the administrative rules order can be found listed on the state judiciary's website.

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  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

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  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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