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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. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

  2. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

  3. Low energy. Next!

  4. Had William Pryor made such provocative statements as a candidate for the Indiana bar he could have been blackballed as I have documented elsewhere on this ezine. That would have solved this huuuge problem for the Left and abortion industry the good old boy (and even girl) Indiana way. Note that Diane Sykes could have made a huuge difference, but she chose to look away like most all jurists who should certainly recognize a blatantly unconstitutional system when filed on their docket. See footnotes 1 & 2 here: http://caselaw.findlaw.com/us-7th-circuit/1592921.html Sykes and Kanne could have applied a well established exception to Rooker Feldman, but instead seemingly decided that was not available to conservative whistleblowers, it would seem. Just a loss and two nice footnotes to numb the pain. A few short years later Sykes ruled the very opposite on the RF question, just as she had ruled the very opposite on RF a few short years before. Indy and the abortion industry wanted me on the ground ... they got it. Thank God Alabama is not so corrupted! MAGA!!!

  5. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

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