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Fewer cases being decided by juries, according to Indiana Supreme Court stats

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The Indiana court system held 1,338 jury trials during 2012, continuing what court officials described as a “significant decline” across the state.

A statistical profile of the state’s judiciary was released Monday by the Indiana Supreme Court Division of State Court Administration. These reports are published annually and provide details about the court operations at the county and appellate levels.

During calendar year 2012, 1.6 million new cases were filed in Indiana trial courts. Cities, towns, townships, counties and the state spent $386 million to operate the court and generated $205 million in revenue from filing fees, court costs, user fees and fines.

Indiana Supreme Court Chief Justice Brent Dickson pointed to the change in the number of jury trials, particularly on the civil side, and said that is a concern “because the jury trial is the lifeblood of the American judicial system.”

The 2012 total represents more than 1,000 fewer jury trials than was held just seven years ago. Jury trials peaked in 2005 at 2,450 and have been on a downward trend since, bottoming out at 1,298 in 2011.

Dickson attributed the decline, in part, to the growth of mediation and more parties working together to resolve their differences instead of having a court impose a solution.

“It’s a concern only in the sense that we don’t want to see jury trials disappear because jury trials are where the skills of lawyers are honed and developed and carried on,” the chief justice said. “…It’s a wonderful system but the reality is that many people, because of the element of risk involved, are seeing the wisdom of trying to work out (their disputes).”

However, the statistics also show a decrease in the number of cases referred to alternative dispute resolution. In 2010, a high of 7,602 cases were referred while two years later in 2012 the total had shrunk to 5,951 cases.

Mirroring the drop in jury trials is the fall in the number of new cases filed. The 2012 figure of 1.6 million is the lowest number of cases filed in the past decade. The peak came just as the Great Recession started in 2008 with 2 million new cases filed.

Court officials were at a loss to pinpoint the reason for the decline. However, they did point to the plunge in infraction cases being filed, sinking from the high of 930,004 in 2008 to 662,213 in 2012.

In 2012, 307,612 cases included pro se litigants. Lilia Judson, executive director of the Indiana Supreme Court Division of State Court Administration, noted the accuracy of that number is in question because of the difficulty of culling the information from counties that use a case management system other than Odyssey. If anything, she said, the number of pro se litigants is underreported.

Dickson said the driver behind more people going into court without a lawyer is difficult to determine and purely anecdotal, but “the sound assumption” is the economy.

“But, of course, it is a Constitutional right for the citizen to use the court without anybody representing them,” Dickson said. “…Some do it voluntarily as a matter of choice. I think most do it either because they don’t have the resources to get a lawyer or they don’t know how to go about it. And they don’t know how to get one of the free lawyers that may be available. We hope to improve that.”

Other highlights in 2012 include:
•    Murder case filings ballooned 21.8 percent to 235
•    Mortgage foreclosure case filings rose 11.9 percent to 33,876
•    Child in Need of Services (CHINS) cases increased 6.2 percent to 11,325
•    Case filings for termination of parental rights, Class A felony and juvenile delinquency all declined.

Read more about the Indiana Supreme Court report in the Nov. 6 issue of Indiana Lawyer.

 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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