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ISBA offers 'insider view' of appellate courts

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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Another topic delved into an ongoing issue of attorneys' incorrectly citing "Not For Publication" memorandum decisions, especially those being picked up by WestLaw and given N.E. 2d citations.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.
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  1. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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