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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. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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