Courts coping with tough times

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No one needs to tell Johnson Circuit Judge Mark Loyd how tough times are for the state's court system.

For the past couple of years, his county has pushed for a fourth Superior Court it needs to keep up with growing caseloads. The last time a new court was created was 1997, and the local caseloads and dynamics have changed dramatically since then. But despite the need, Judge Loyd and his colleagues reluctantly decided this year to abandon the request for any new judicial officers because everyone's resources are limited.

"What we're experiencing like everyone else in the state is the economy, so what we may want that has any monetary ties will just have to wait," he said. "We're attempting to do whatever we can to stem the tide with other methodologies."

The story in Johnson County is one that illustrates perfectly what Indiana Chief Justice Randall T. Shepard emphasized during his annual State of the Judiciary address. Appearing before a joint session of the General Assembly Jan. 20 for the 23rd time since he became the state's top jurist, the chief justice told lawmakers that the courts have coped with the economic challenges during the past year.

Chief Justice Shepard noted the recession has hit the judiciary hard just as it has everyone else, but he highlighted that the courts are already taking steps locally and statewide to continue coping with a record number of cases that slammed the state during 2009.

"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.

On a statewide basis, 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. The bill is HB 1271, which is pending before the General Assembly.

"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 has stopped mailing appellate decisions to attorneys and instead is now e-mailing them in order to save at least $39,000 a year. The judiciary has also decided to postpone for 2010 the regional trial judge seminars conducted each spring, which will help save about $16,000. The courts also 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 (in his State of the State address), but the whole court system is a very small part of the budget," the chief justice said. "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."

Chief Justice Shepard also highlighted 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 initially 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.

"I can tell you that there are plenty in our court system who...even in this dark hour, are unwilling to roll over and play dead," the chief justice said. "They've decided to stand their ground, 'to spend and be spent' in the cause of building and rebuilding a place worthy of the fine name Indiana."

Several lawmakers praised the chief justice and how his court system has responded to the economic issues, but continued doing what's necessary despite the challenges. The same reaction came from state trial judges watching Chief Justice Shepard's speech, saying his words echo what they've been seeing and doing in their communities.

Marion Superior Judge Heather Welch said her county has been trying to come up with solutions to handle rising caseloads with the same number of judicial officers. Rather than requesting new judges, the state's largest county is requesting that its commissioners be converted into magistrates in order to have more jurisdiction and speed up the process. The county would pay for the conversion with its own local fee, and in saving roughly $2 million it could put that money toward the local costs of paying for guardians ad litem.

The county has also been using technology - such as the statewide protective order registry that the chief justice highlighted in his address - to do things more efficiently, Judge Welch said. She hopes to hear soon about a proposal to begin using e-filing for the high-volume mortgage foreclosure and collection cases, in order to speed up the process even more.

She particularly found Chief Justice Shepard's message about the courts collecting all revenue important, since many counties aren't set up to handle that function. But she looks forward to working with her locality on how to do that more effectively.

For Judge Loyd in neighboring Johnson County, the speech highlighted the local choice to stick with the three Superior courts and his own Circuit court, reshuffling money, applying for more grants, and increasing the local volunteer efforts to maximize what's already in place.

"We have good programs in place, and every tool helps," he said. "But there's no one answer and you have to use everything you can get a hold of."


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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%.

  3. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  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.