ILNews

Fewer filings, newer trends

Back to TopCommentsE-mailPrintBookmark and Share

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.•
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  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?

ADVERTISEMENT