ILNews

Judge-backed court staff attorney pilot program bill moves out of committee

Back to TopCommentsE-mailPrintBookmark and Share

Legislation that would create a pilot program administered by the Indiana Judicial Center to assist trial courts when preparing and writing certain motions moved out of the House Committee on Courts and Criminal Code 11-0.

House Bill 1411, authored by Rep. Tom Washburne (R-Evansville) establishes the two-year pilot Circuit Court and Superior Court Staff Attorney Pilot Program. The bill calls for the program to be created and facilitated by the Indiana Judicial Center, which will report to the Commission on Courts for possible implementation statewide after the initial test period.

Jane Seigel, executive director of the Indiana Judicial Center, testified in support of the bill, as did former Indiana Chief Justice Randall Shepard. The Indiana Judges Association, Indiana Chamber of Commerce and the Indiana Manufacturers Association also support the legislation.

Seigel told Indiana Lawyer Thursday the Indiana Judicial Center is dedicated to helping trial judges across the state and this is an additional tool that can be implemented to help the courts.

The pilot program under the introduced legislation would make IJC staff attorneys – which are defined as an attorney, senior judge or third-year law student - available to judges to help prepare orders granting or denying dispositive motions. The language was amended in committee to replace “dispositve” with “complex” based on a suggestion from Rep. Ed DeLaney, D-Indianapolis, who signed on as a co-author.

The legislation is written broadly enough to leave a lot of the program details – including what kinds of cases falls under “complex” – up to the IJC, Washburne said. He thinks that some lawsuits are filed in some jurisdictions where there’s a perception the party can “blow that lawsuit by the judge” as the judge doesn’t have time to deal with motions to dismiss or for summary judgment and the case proceeds perhaps farther than necessary based on the law.

“Because judges don’t have many resources, a lot of those get through and cause a lot of problems for defendants,” he said. “Ultimately, having more resources will cut back on frivolous filings.”

A party in an action where the pilot is running may ask the court to have a staff attorney from the pilot program to assist the court in preparing a judicial opinion that explains the reasons for granting or denying the motion. A judge may also request the assistance of an IJC attorney.

The idea for this legislation came from Washburne, vice president and associate counsel for Old National Bancorp in Evansville, based on his experience managing litigation for the bank and his time as a law clerk for U.S. Judge S. Hugh Dillin.

Trial judges have high workloads but don’t have the same available resources as the federal courts do in writing decisions. Washburne said some judges have told him if they want to do real writing, they have to take it home. The pilot project attorneys can act as law clerks for trial judges.

The pilot program will be established in at least five counties: two with a population of less than 50,000; two with a population between 50,000 and 200,000; and one county with at least 200,000 residents.

In 2011, the number of cases disposed by a bench disposition – including dispositive motions – ranged between seven percent for civil torts to 18 percent for civil plenary cases, according to the fiscal impact statement for the legislation. The idea is this bill will help parties avoid lengthy litigation, and if state or local units of government are involved, would help reduce their costs of litigation.

The bill will be eligible for second reading next week in the House.

 

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. Should be beat this rap, I would not recommend lion hunting in Zimbabwe to celebrate.

  2. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  3. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  4. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  5. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

ADVERTISEMENT