ILNews

ISBA offers 'insider view' of appellate courts

Back to TopCommentsE-mailPrintBookmark and Share
Indiana attorneys and jurists came together Wednesday to get an insider's view of the state's appellate process and learn more about the nuances of the system.

An afternoon continuing legal education seminar took about 100 attorneys on a walk through the appellate process, from filing motions, how staff attorneys and courts review, and what lawyers can do to make the process easier.

"This is the stuff we all get sweaty palms about, and we'd like to know where the daggers might be coming from," said Indiana State Bar Association president Richard Eynon, who attended the two-hour session.

Put on by the ISBA's Appellate Practice Section, the afternoon seminar was led by a six-member panel including Kent Zepick with Bingham McHale, who moderated the panel discussion; Kevin Smith, Indiana Supreme Court Administrator and Clerk of the Appellate Courts; Heather Smith, Deputy Clerk of the Appellate Courts; Danielle Sheff, a staff attorney for the Indiana Court of Appeals; Russ Hughes, a staff attorney for senior judges on the Indiana Court of Appeals; and Steve Lancaster, Indiana Court of Appeals administrator.

Topics that received attention during the seminar included new procedures attorneys will have to follow for "rotunda filing" once new security systems are in place at the Statehouse, recent appeals involving state administrative agencies relating to how motions and notices must be filed, and how attorneys can assist judges and court staff by including trial court chronological case summaries with their appellate summaries even though court rules don't require it.

"Don't think our court has easy access to trial court records," Sheff said, noting that 7,800 motions with orders came last year and the court often uses Doxpop or CivicNet to access trial records when needed. "If we have to stop to look up the history on your motion, that takes time from everything else."

Another topic delved into an ongoing issue of attorneys' incorrectly citing "Not For Publication" memorandum decisions, especially those being picked up by WestLaw and given N.E. 2d citations.

Panelists also discussed an appellate e-filing system that is currently being studied and could be implemented by the end of the fiscal year July 1, 2008. The courts are investigating IT needs for the entire appellate level this month and want to hear from the legal community this year about how the courts can better assist everyone on this.

"This is your chance to tell us what you like and don't like," Smith said.
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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The voices of the prophets are more on blogs than subway walls these days, Dawn. Here is the voice of one calling out in the wilderness ... against a corrupted judiciary ... that remains corrupt a decade and a half later ... due to, so sadly, the acquiescence of good judges unwilling to shake the forest ... for fear that is not faith .. http://www.ogdenonpolitics.com/2013/09/prof-alan-dershowitz-on-indiana.html

  2. So I purchased a vehicle cash from the lot on West Washington in Feb 2017. Since then I found it the vehicle had been declared a total loss and had sat in a salvage yard due to fire. My title does not show any of that. I also have had to put thousands of dollars into repairs because it was not a solid vehicle like they stated. I need to find out how to contact the lawyers on this lawsuit.

  3. It really doesn't matter what the law IS, if law enforcement refuses to take reports (or take them seriously), if courts refuse to allow unrepresented parties to speak (especially in Small Claims, which is supposedly "informal"). It doesn't matter what the law IS, if constituents are unable to make effective contact or receive any meaningful response from their representatives. Two of our pets were unnecessarily killed; court records reflect that I "abandoned" them. Not so; when I was denied one of them (and my possessions, which by court order I was supposed to be able to remove), I went directly to the court. And earlier, when I tried to have the DV PO extended (it expired while the subject was on probation for violating it), the court denied any extension. The result? Same problems, less than eight hours after expiration. Ironic that the county sheriff was charged (and later pleaded to) with intimidation, but none of his officers seemed interested or capable of taking such a report from a private citizen. When I learned from one officer what I needed to do, I forwarded audio and transcript of one occurrence and my call to law enforcement (before the statute of limitations expired) to the prosecutor's office. I didn't even receive an acknowledgement. Earlier, I'd gone in to the prosecutor's office and been told that the officer's (written) report didn't match what I said occurred. Since I had the audio, I can only say that I have very little faith in Indiana government or law enforcement.

  4. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  5. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

ADVERTISEMENT