David J. Beach: Should we reconsider the use of alternative jurors?
Here’s a look at the different approaches used in state and federal civil jury trials.
Indiana Trial Courts
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Web Exclusive: Meet the Judges: Crawford Circuit Judge Justin Mills
After graduating from Indiana State University with a bachelor’s degree in business administration, Crawford Circuit Judge Justin Mills worked at an insurance company in the litigation department. That’s where the spark ignited.
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Web Exclusive: Meet the Judges: Carroll Superior Judge Troy Hawkins
While Carroll Superior Judge Troy Hawkins said never imagined he would be a judge, he’s glad to have ended up there.
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A different way to help families: Family recovery courts gaining traction across state
For many across the state, being given a chance to connect with people in similar situations and to work with a supportive team is life changing. It certainly was for Breanna Shope. Shope had that experience when she participated in family recovery court.
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Overextended: Indiana trial courts strain under justice gaps, lack of legal resources
Getting legal resources to low-income litigants is a major struggle both nationally and on Hoosier soil. According to the Legal Services Corporation 2022 Justice Gap Report, low-income Americans do not get any or enough legal help for 92% of their substantial civil legal problems.
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Articles
Courtroom cameras get thumbs up from media, judges in survey
Results from a survey by the Indiana Supreme Court’s Office of Communication, Education, and Outreach suggest the majority of respondents believe the use of news media cameras in courtrooms has been successful so far.
Trial court erred in reinstating declaratory judgment after it was dismissed, COA rules in reversal
An Elkhart-based company failed to act within the time permitted under Indiana Trial Rule 60(B) and was not entitled to a trial court’s reinstatement of a declaratory judgement action, the Court of Appeals of Indiana ruled Monday in a reversal.
Applications open for Wayne, St. Joe court vacancies
Applications are open for upcoming trial court vacancies in two Indiana counties.
Mandatory judicial retirement? Judiciary taking closer look at age, cognitive issues
The idea of age-out requirements has become a bigger topic of discussion recently across all levels of government, including the judiciary.
Trial court schedules hearing in abortion doc’s lawsuit against AG Rokita
The Marion County Commercial Court judge has scheduled a three-hour hearing for Friday on Dr. Caitlin Bernard’s motion to stop the Indiana attorney general from accessing her patients’ medical records.
COA: Magistrate judge protected by absolute judicial immunity in PCR case
A magistrate judge who granted a litigant’s motion to transfer a PCR case to an elected judge but then failed to do so was protected from the litigant’s subsequent lawsuit against her by absolute judicial immunity, the Court of Appeals of Indiana has ruled.
Lake Co. commissioners back election of superior court judges
Continuing the debate over merit selection versus election of Indiana’s trial court judges, the Lake County commissioners have approved a resolution calling for the Indiana General Assembly to allow county residents to vote on their superior court judges.
Justices split on whether unruly defendants must be told they can return to court if they behave
A split Indiana Supreme Court has denied transfer in a case involving an unruly defendant, disagreeing on whether trial courts are required to inform disruptive individuals who have been removed from the courtroom that they can reclaim their right to be present if they behave.
Expanding the reach: New ITLA President Pfeifer wants to enhance geographic diversity
Meet Dan Pfeifer, the newest president of the Indiana Trial Lawyers Association.
Applications sought to replace retiring Judge Bardach on Hamilton Superior Court
Hamilton Superior Judge Gail Bardach, who was first elected to the court in 2007, will be stepping down from the bench July 1, creating a new vacancy in the Hamilton County judiciary.
COA: Unruly defendant did not have to be explicitly told he could attend trial if he behaved
A so-called sovereign citizen who was removed from his own trial because of his disruptive behavior, then tried to get his conviction overturned by arguing he was not told he could remain in the courtroom if he behaved, did not get any sympathy from the Court of Appeals of Indiana, which instead commended the trial court for its patience in handling such a difficult defendant.
Judge weighing Indiana governor’s suit over emergency law
Indiana’s constitution gives the Legislature full authority to meet whenever it wants, a top state lawyer argued Friday in a bid to squash Gov. Eric Holcomb’s lawsuit challenging the increased power state legislators gave themselves to intervene during public health emergencies.
COA again knocks down law limiting deposition of alleged child victims
For at least the fourth time, the Indiana Court of Appeals has found a law passed by the Indiana General Assembly in 2020 which limited defendants’ ability to depose alleged victims of molestation “impermissibly conflicts” with the Indiana Rules of Trial Procedure.
COA again strikes down statute limiting depositions of alleged child sex abuse victims
The Indiana Court of Appeals has once again ruled against a statute limiting the deposition of alleged victims in child molesting cases, finding that the Indiana Trial Rules take precedence over the statute’s procedural elements.
Juvenile’s petition over extended house arrest without hearing splits Supreme Court
Indiana Supreme Court justices split 3-2 in declining to hear further argument from a Lake County juvenile whose house arrest was extended without a hearing being held on the matter.
Fired Cathedral teacher appeals dismissal of his lawsuit against archdiocese
Joshua Payne-Elliott, a foreign language and social studies teacher, sued the archdiocese after his contract with Cathedral was terminated in June 2019.
After veto override, governor turns to courts
In the legal brawl between Gov. Eric Holcomb and the Indiana General Assembly over who has the power to call the Statehouse into a special session, the Marion Superior Court will first have to determine which lawyers are actually representing the executive branch.
Fired Cathedral teacher’s suit against archdiocese over same-sex marriage dismissed
In a one-page order, Marion Superior Special Judge Lance Hamner did what a previous special judge and the Indiana Supreme Court had not done – dismiss the wrongful termination lawsuit filed by a gay teacher against the archdiocese of Indianapolis.
Supreme Court extends authority for expanded remote hearings
As Indiana courts prioritize their safe return to live and in-person hearings, the Indiana Supreme Court announced that public health conditions will likely require trial courts to retain expanded authority for remote hearings.