ILNews

Justices' transfer action posted online weekly

Michael W. Hoskins
May 24, 2010
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In order to increase efficiency and reduce administrative redundancies at the appellate clerk's office, attorneys and law firms will no longer receive weekly e-mails about cases the Indiana Supreme Court has agreed to consider.

Indiana Appellate Clerk and Supreme Court Administrator Kevin S. Smith sent an e-mail Friday that alerted members of the public and legal community about the change. The clerk's office for several years had been sending weekly updates about the state justices' transfers granted during their private weekly conferences.

Those weekly updates known as the "Clerk's Transfer Action Report" will be replaced with full online lists about the appeal transfers and denials by the Indiana Supreme Court. The transfer disposition information is already being posted on the state judiciary's website at www.in.gov/judiciary/opinions, and will also be publicly released in Twitter updates by the state's highest court.

"Because the Clerk's Transfer Action Report contains the same information that our staff is separately typing up in these "Transfer Granted" emails, it makes little sense, administratively, for us to continue separately producing and transmitting the "Transfer Granted" e-mails as well, especially when the resources we devote to this effort are greatly needed elsewhere," Smith wrote in the e-mail.

Smith also pointed out that his office is creating this report in a Microsoft Excel document, allowing viewers to sort and filter the data on whatever cases they might want to see.

Traditionally, those transfer granted e-mails from a clerk's office staff member have gone out as soon as Thursday on the day of the justices' conferences, but usually are received by Monday the following week. Smith said the online reports will be posted in a timely manner and depend on various factors such as staffing availability, the number of transfer orders issued by the Supreme Court, and other court orders and activity that may be happening simultaneously with the three state appellate courts.

With the most recent conference activity from last week, the clerk's office posted the online report today about the 14 cases considered on Thursday. Justices didn't grant any transfers. But the denial in Cory A. McClarin v. State of Indiana, No. 20A05-0909-CR-553, in which all the justices concurred, there is an interesting and uncommon note regarding Chief Justice Randall T. Shepard's thought on the case ruled on by the Court of Appeals in March.

The denial note says the chief justice "joins in denying the Petition to Transfer, believing that the trial court has correctly been affirmed, but compliments to attorney Donald Shuler on the very high quality of the brief he filed on his client's behalf."

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  1. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  2. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  3. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  4. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  5. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

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