Supreme Court amends state rules for courts, attorneys

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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.



  • 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.

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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.