ILNews

Online opinions access hits a snag

Michael W. Hoskins
January 1, 2008
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
Court-watchers looking online to view Indiana's appellate decisions have been denied two days of opinions because those published rulings were not posted online.

A set of three dozen opinions came down Tuesday and Wednesday, but a change last month in how access is provided to those daily rulings meant that only online viewers, those directly involved in a decided case, or those who've traveled to the Indiana Statehouse to inspect opinions knew that any rulings had been released.

By noon today, a list of opinions provided to Indiana Lawyer showed one Supreme Court decision and eight for-publication rulings from the Court of Appeals coming down both days. The problem hadn't been fixed, and it isn't clear when opinions will start reappearing online.

"We regret this is happening, but it's a hazard of technology," said Indiana Supreme Court Administrator and Appellate Clerk Kevin Smith. "You'll have to do what you did before the Internet: travel to Indianapolis to look at them."

According to webmaster Lindsey Borschel, the problem is not within the appellate clerk's office but with the state service provider, Indiana Interactive. Staff tried to post yesterday's opinions, but the system crashed and they weren't input online. Borschel didn't know what caused the problem and hadn't received a response after alerting that provider to the problem.

This service provider system has been in place for years, and Borschel said she didn't recall anything like this happening before. At least one attorney had called the clerk's office after receiving notice an opinion was filed but wasn't able to see it online, Smith said.

In early December, the appellate clerk's office went paperless in the daily posting of opinions and orders to save money and be more environmentally friendly. The Internet became the main method for getting a look at any opinions, orders, and decisions from Indiana's appellate courts, although the public could still travel to clerk's office in downtown Indianapolis to view those documents. Anyone wanting to take copies or receive a fax would have to pay a fee per page.

The courtesy copies traditionally provided to Indiana Lawyer and other media outlets free of charge were eliminated, meaning that only those Web postings showed what was handed down each day.

At the time, Smith said the hope was to reduce paper consumption by about 176,000 double-sided sheets a year.

This is the second glitch that's hampered the online public access of opinions since the change, with the first happening Jan. 3. After starting a procedure to attach an electronic timestamp graphic on each opinion that shows date and time, the first Court of Appeals opinions of 2008 were password protected and locked so that people accessing the online opinions were unable to print them. That problem was an internal, unintended glitch resolved the same day.

"We're sort of at the mercy right now of our service provider," Smith said. "We are working diligently to do what we can to get the problem fixed."

This afternoon the clerk's office posted a notice online about the technical difficulties.

Opinions for the appellate courts are available online at www.in.gov/judiciary/opinions, while disciplinary and other orders can be found at www.in.gov/judiciary/orders. Separately, the day's opinions are also included on the Indiana Lawyer Web site each afternoon and included in Indiana Lawyer Daily.
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. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

ADVERTISEMENT