ILNews

Supreme Court amends state rules for courts, attorneys

Back to TopCommentsE-mailPrint

Multiple new rule changes will begin next year for the state’s court system, which were announced in a slew of Indiana Supreme Court orders released earlier in the week.

Seven orders dated Sept. 20 were posted online Thursday and make changes to trial and evidentiary rules, post-conviction remedies, appellate procedure, admission and discipline rules and attorney professional conduct regulations. Most take effect Jan. 1, 2012.

The rules revised are:
-    Trial Procedure: Rules 3.1, 53.1, 59, and 81.1
-    Post-Conviction Relief: Rules PC1 and PC2
-    Appellate Procedure: Rules 2, 9, 10, 11, 14, 14.1, 15, 16, 23, 24, 25, 46, 62, 63, and Forms 9-1, 9-2, 14.1-1, 15-1, 16-1, and 16-2
-    Admission and Discipline: Rules 2, 3, and 23
-    Evidence: Rules 501, 502, and 803
-    Professional Conduct: Rule 6.6
-    Administrative: Rules 4, 5, 6, 8, 9, and 14

Among the changes are revisions to the rule about attorneys admitted temporarily before Administrative Law Judges, the process for “lazy judge motions,” and the district structure for Indiana’s pro bono attorneys.

Specifically, Indiana Trial Procedure Rule 53.1 deals with what are known as “lazy judge motions,” and the changes put the determination that a judge’s ruling was past the 30-day limit in the hands of the Supreme Court’s Division of State Court Administration executive director, rather than the clerk of the court. Proposed changes in the spring would have given judges additional time – 45 instead of 30 days – to rule on motions and cases, but the final version approved by the Supreme Court keeps that time limitation at 30 days with the possibility of extensions.

Admission and Discipline Rule 3, Section 2 is amended to address those out-of-state attorneys and lay people who appear before Administrative Law Judges in state agency proceedings. The issue came up last year after a conflict was discovered between the Indiana Constitution and the state’s Admission and Discipline Rules. The former gives that attorney-admission authority exclusively to the Supreme Court, while the rules haven’t clearly addressed how non-Hoosier lawyers practicing before executive agencies should be handled.

Some ALJs have been admitting out-of-state attorneys for those proceedings, while others haven’t. The Supreme Court was considering whether the ALJs, Supreme Court, or local general jurisdiction court should have the authority to grant that status. In the rule changes, the Supreme Court allows any Indiana court to permit an out-of-state lawyer to appear in those administrative agency settings. The regular admission requirements for temporary attorneys then apply.

Another rule revision made this week includes Indiana Professional Conduct Rule 6.6, regarding the voluntary attorney pro bono plan. The court reshaped the jurisdictional infrastructure from 14 to 12 districts.

The new districts are:

- District A consists of Lake, Porter, Jasper, and Newton counties;
- District B is LaPorte, St. Joseph, Elkhart, Marshall, Starke, and Kosciusko counties;
- District C is LaGrange, Adams, Allen, DeKalb, Huntington, Noble, Steuben, Wells, and Whitley counties;
- District D is Clinton, Fountain, Montgomery, Tippecanoe, Warren, Benton, Carroll, Vermillion, Parke, Boone, and White counties;
- District E is Cass, Fulton, Howard, Miami, Tipton, Pulaski, Grant, and Wabash counties;
- District F is Blackford, Delaware, Henry, Jay, Madison, Hamilton, Hancock, and Randolph counties;
- District G is Marion County;
- District H is Greene, Lawrence, Monroe, Putnam, Hendricks, Clay, Morgan, and Owen counties;
- District I is Bartholomew, Brown, Decatur, Jackson, Johnson, Shelby, Rush, and Jennings counties;
- District J is Dearborn, Jefferson, Ohio, Ripley, Franklin, Wayne, Union, Fayette, and Switzerland counties;
- District K is Daviess, Dubois, Gibson, Knox, Martin, Perry, Pike, Posey, Spencer, Vanderburgh, Sullivan, Vigo, and Warrick counties; and
- District L is Clark, Crawford, Floyd, Harrison, Orange, Scott, and Washington counties.

 

ADVERTISEMENT

  • Key change in appellate rules
    This article doesn't mention an important change in the Indiana Rules of Appellate Procedure. As of January 1, 2012, the Notice of Appeal goes from a simple document filed with the trial court clerk to a much more extensive document with multiple attachments -- essentially, the Appellant's Case Summary, which will no longer exist -- to be filed with the Court of the Clerks (appellate court clerk) and served on the trial court and parties. There is a two-year window of tolerance during which filing with the trial court will not forfeit the right to appeal -- but the rules do not say what happens if one files the old short-form Notice of Appeal with the trial court clerk during that period.

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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Judge Roger B. Cosbey is unethical and bias toward African American who seeks justice in Title VII claims. He disrespected and used his authority to attempt to intimidate me into taking an unfair settlement and when I refused he proceeded to get my case dismissed and to deny me my Constitutional and Civil Rights. He disobeying several rules of law; specifically, by ruling on summary judgment motions against the Fed. R. Civ. P., without authority of Judge William C. Lee, without consent of the attorneys, and with conspiracy to commit “fraud on the court,” as he conspired with my former attorney. He proved to me that he is bias, unethical, unfair and unfit to be reappointed. In my opinion, he should be disbarred in 2013, for committing fraud on the court, which would make him ineligible for reinstatement in 2014. See docket 3:07 cv 629 where he rules on dispositive motions, knowing magistrates are not vested with that power (especially without consent), grants the defendant an unconscionable number of extensions, accepts my former attorney request for extension for dispositive motion knowing he was working with the opposition, and unbelievably grants the defendant another extension after he requested an extension after he missed the deadline. I know another attorney filed charges against him for bias in race discrimination case(s). I know what he did in my case before he voluntarily recused himself, I just do not know how many other innocent people have been stripped of their rights because of him. I say shame on him and no more of the same.

  2. they are pushing these cases against lawyers too far. thought-crime.

  3. vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!

  4. Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.

  5. With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.

ADVERTISEMENT