Fewer filings, newer trends

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The number of cases filed in the state courts dropped slightly in 2009 from the previous year, but the nearly two million filings still amounted to the second-highest number ever for Indiana.

Some interesting trends can also be found in the 1,734-page Judicial Service Report released by the Division of State Court Administration in mid-November, such as the upward trend in prosecutions that some describe as being a symptom of “offense inflation.”

baker-john-g-mug Baker

But overall, the annual report shows that Indiana remains on pace with what it’s seen in past years, and the trends and numbers are likely to bear even more interest in the coming months as state lawmakers scrutinize how to cut costs and craft a two-year budget.

With an overall 16.5 percent increase in criminal and civil cases filed between 2000 and 2009, the specific number of cases was 1.95 million in 2009 – dropping from the record-breaking amount of more than 2 million a year earlier. The figure for 2009 includes 369 civil jury trials and 225 murder trials, as well as more than 385,000 pro se litigants in both civil and criminal courts. The mortgage foreclosure filings increased about 20 percent during the 10-year report period, though they dipped lower last year than the year before by almost 9 percent.

On the criminal side, the report shows that during the past decade the number of criminal cases has gone up more than 17 percent while the state’s population has increased less than 6 percent. Some counties saw more dramatic criminal case hikes, such as southern Indiana counties doubling during that time period. While the prison population nationally last year dropped 0.4 percent, it rose 5.3 percent in Indiana – the largest percentage increase in any state in the country.

That is also likely why the Indiana General Assembly is now studying the issue of sentencing.

Indiana Court of Appeals Chief Judge John Baker said the numbers of criminal cases and subsequent incarcerations reflect a more aggressive use of the courts. More bad behavior has become criminalized and punishments have escalated, with the number of criminal penal code statutes going up from about 200 in 1977 to nearly 2,000 today.

Reflecting the phenomenon of “offense inflation,” or when violations have escalated from infraction to misdemeanor and misdemeanor to felony, one of the biggest increases came with Class D felonies – rising by 32 percent from 39,114 in 1977 to 51,524 in 2009.

What does that mean for the courts? Overcrowded dockets, an increase in the jail and prison populations, and more work for the already-pressured prosecutors and public defenders as well as for private criminal defense attorneys. Weighted caseloads used to measure need for new judicial officers have risen, but the budgeted money available for those new resources has shrunk incredibly and left many counties struggling.

Last year, Indiana paid nearly $400 million to operate the courts, and that could be a significant topic in the next legislative session as lawmakers look to cut costs and craft a budget which might include court reform ideas being pushed by the Hoosier judiciary. Chief Judge Baker and others at the appellate level have told lawmakers that the overall court costs could be reduced by streamlining the judiciary at the local level.

The interim Commission on Courts recommended some potential court reform legislation for consideration during the 2011 session, but whether that goes anywhere has yet to be determined.•


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  1. Especially I would like to see all the republican voting patriotic good ole boys to stop and understand that the wars they have been volunteering for all along (especially the past decade at least) have not been for God & Jesus etc no far from it unless you think George Washington's face on the US dollar is god (and we know many do). When I saw the movie about Chris Kyle, I thought wow how many Hoosiers are just like this guy, out there taking orders to do the nasty on the designated bad guys, sometimes bleeding and dying, sometimes just serving and coming home to defend a system that really just views them as reliable cannon fodder. Maybe if the Christians of the red states would stop volunteering for the imperial legions and begin collecting welfare instead of working their butts off, there would be a change in attitude from the haughty professorial overlords that tell us when democracy is allowed and when it isn't. To come home from guarding the borders of the sandbox just to hear if they want the government to protect this country's borders then they are racists and bigots. Well maybe the professorial overlords should gird their own loins for war and fight their own battles in the sandbox. We can see what kind of system this really is from lawsuits like this and we can understand who it really serves. NOT US.... I mean what are all you Hoosiers waving the flag for, the right of the president to start wars of aggression to benefit the Saudis, the right of gay marriage, the right for illegal immigrants to invade our country, and the right of the ACLU to sue over displays of Baby Jesus? The right of the 1 percenters to get richer, the right of zombie banks to use taxpayer money to stay out of bankruptcy? The right of Congress to start a pissing match that could end in WWIII in Ukraine? None of that crud benefits us. We should be like the Amish. You don't have to go far from this farcical lawsuit to find the wise ones, they're in the buggies in the streets not far away....

  2. Moreover, we all know that the well heeled ACLU has a litigation strategy of outspending their adversaries. And, with the help of the legal system well trained in secularism, on top of the genuinely and admittedly secular 1st amendment, they have the strategic high ground. Maybe Christians should begin like the Amish to withdraw their services from the state and the public and become themselves a "people who shall dwell alone" and foster their own kind and let the other individuals and money interests fight it out endlessly in court. I mean, if "the people" don't see how little the state serves their interests, putting Mammon first at nearly every turn, then maybe it is time they wake up and smell the coffee. Maybe all the displays of religiosity by American poohbahs on down the decades have been a mask of piety that concealed their own materialistic inclinations. I know a lot of patriotic Christians don't like that notion but I entertain it more and more all the time.

  3. If I were a judge (and I am not just a humble citizen) I would be inclined to make a finding that there was no real controversy and dismiss them. Do we allow a lawsuit every time someone's feelings are hurt now? It's preposterous. The 1st amendment has become a sword in the hands of those who actually want to suppress religious liberty according to their own backers' conception of how it will serve their own private interests. The state has a duty of impartiality to all citizens to spend its judicial resources wisely and flush these idiotic suits over Nativity Scenes down the toilet where they belong... however as Christians we should welcome them as they are the very sort of persecution that separates the sheep from the wolves.

  4. What about the single mothers trying to protect their children from mentally abusive grandparents who hide who they truly are behind mounds and years of medication and have mentally abused their own children to the point of one being in jail and the other was on drugs. What about trying to keep those children from being subjected to the same abuse they were as a child? I can understand in the instance about the parent losing their right and the grandparent having raised the child previously! But not all circumstances grant this being OKAY! some of us parents are trying to protect our children and yes it is our God given right to make those decisions for our children as adults!! This is not just black and white and I will fight every ounce of this to get denied

  5. Mr Smith the theory of Christian persecution in Indiana has been run by the Indiana Supreme Court and soundly rejected there is no such thing according to those who rule over us. it is a thought crime to think otherwise.