ILNews

Supreme Court amends state rules for courts, attorneys

Back to TopCommentsE-mailPrintBookmark and Share

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. 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

  2. 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!

  3. 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.

  4. 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.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

ADVERTISEMENT