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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. My husband financed a car through Wells Fargo In dec 2007 and in Jan 2012 they took him to court to garnish his wages through a company called autovest llc . Do u think the statue of limitations apply from the day last payment was received or from what should have been the completion of the loan

  2. Andrew, you are a whistleblower against an ideologically corrupt system that is also an old boys network ... Including old gals .... You are a huge threat to them. Thieves, liars, miscreants they understand, identify with, coddle. But whistleblowers must go to the stake. Burn well my friend, burn brightly, tyger.

  3. VSB dismissed the reciprocal discipline based on what Indiana did to me. Here we have an attorney actually breaking ethical rules, dishonest behavior, and only getting a reprimand. I advocated that this supreme court stop discriminating against me and others based on disability, and I am SUSPENDED 180 days. Time to take out the checkbook and stop the arrogant cheating to hurt me and retaliate against my good faith efforts to stop the discrimination of this Court. www.andrewstraw.org www.andrewstraw.net

  4. http://www.andrewstraw.org http://www.andrewstraw.net If another state believes by "Clear and convincing evidence" standard that Indiana's discipline was not valid and dismissed it, it is time for Curtis Hill to advise his clients to get out the checkbook. Discrimination time is over.

  5. Congrats Andrew, your street cred just shot up. As for me ... I am now an administrative law judge in Kansas, commissioned by the Governor to enforce due process rights against overreaching government agents. That after being banished for life from the Indiana bar for attempting to do the same as a mere whistleblowing bar applicant. The myth of one lowly peasant with the constitution does not play well in the Hoosier state. As for what our experiences have in common, I have good reason to believe that the same ADA Coordinator who took you out was working my file since 2007, when the former chief justice hired the same, likely to "take out the politically incorrect trash" like me. My own dealings with that powerful bureaucrat and some rather astounding actions .. actions that would make most state courts blush ... actions blessed in full by the Ind.S.Ct ... here: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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