Transcription
Indiana Supreme CourtANNUAL REPORT 2018 - 2019
Indiana Supreme CourtANNUAL REPORT 2018 - 2019
PUBLISHED BY THEINDIANA SUPREME COURTOffice of Communication,Education, and Outreach251 North Illinois Street, Suite 1600Indianapolis, Indiana 46204(317) 234-4722courts.in.govON THE COVER:Indiana's five Supreme Court justices stand withstaff from their chambers and the various agenciesoverseen by the Court.PHOTOGRAPHY:Chris Bucher, John P. Cleary, Kathryn Dolan,IU McKinney/John Gentry, Josh Hicks,Patrick McCauley, John McGauley, Vincent Morretino,Nita Wright, and Other Friends of the Court.Icons made by Freepik from www.flaticon.com
I am pleased to present the 2018-2019 annual report, which shows the dedication of our staff, judicial officers across the state, andpartners in all branches of government. Highlights from the year include: A statewide opioid summit, where every county was represented with nearly 1,000 in attendance National Adoption Day festivities in 24 counties, which included 270 children joining a forever family Certification of the 100th Indiana problem-solving court Creation of indianalegalhelp.org by the Coalition for Court Access to provide legal resources to those of limited means Admission of about 400 new lawyers to the bar Recognition of 8,445 attorneys contributing over 440,000 hours and nearly 1.9 million to pro bono efforts The excitement of traveling oral arguments in Wabash and Madison counties attended by about 1,500 studentsBy the end of the fiscal year, the statewide implementation of electronic filing was nearly complete, and we crossed the mark of all 92counties in August. The pages that follow showcase these successes and more.It is an honor to serve with my judicial colleagues as we continue our efforts to put our customers at the center of the judicial system.Loretta H. RushChief Justice of Indiana
TableContentsof178162150Year in ReviewJusticesCasesOpinionsAgency ReportsDefinitions
Year in ReviewFiscal Year: July 1, 2018 to June 30, 2019July 16 The Office of Judicial Administrationlaunched a website with information on JusticeGeoffrey Slaughter and Court of Appeals JudgeRobert Altice, Jr., who were on the ballot forretention in November. Both judges wereretained.July 18 Trial Court Technology began aservice for Odyssey courts to send automatedtext messages about upcoming hearings todefendants. By the end of the fiscal year,617,021 texts had been sent by courts in 49counties.July 25 The Indiana Supreme Courtconvened teams from every county to attendthe Statewide Opioid Summit: A MedicationAssisted Treatment and Addictions Primer forJustice Professionals. Nearly 1,000 state leadersattended the event, which was sponsored bythe Supreme Court, Family and Social ServicesAdministration, Indiana University AddictionsGrand Challenge, and the Association ofIndiana Counties.August 10 Governor Eric Holcombannounced appointments to the MarionSuperior Court, the first since passage in 2017of House Enrolled Act 1036, creating meritselection of judges in the county. Justice MarkMassa chaired the Marion County JudicialSelection Committee.August 15 The Commission on Improvingthe Status of Children in Indiana released itsannual report, detailing collaboration among allthree branches of government to improve thelives of Hoosier children—especially the mostvulnerable.August 17 The Domestic RelationsCommittee held a public hearing attendedby parents, legal professionals, judges, andothers who provided feedback on the IndianaChild Support Guidelines. The committee alsoreviewed more than 400 written commentsabout the guidelines, which are used to makedecisions about child support in divorce,separation, paternity, and other cases.1
Year in ReviewMagistrate Mary DeBoer (Porter County) acceptsher graduate program certificate from ChiefJustice Loretta Rush.Justice Steven David speaks to students atZionsville Middle School on Constitution Day.A student asks the members of the Court aquestion after listening to the oral argument atAnderson University.September 5-7 At the annual meetingof the Judicial Conference of Indiana, 14judicial officers were recognized as graduates ofthe Indiana Judicial College for completing 120hours of continuing education; 29 received acertificate for completing the Indiana GraduateProgram for Judges, an intensive learningexperience; and 11 were honored for their yearsof service on the bench.September 17 Forty-eight appellateand trial court judges visited with nearly 3,000students across the state in celebration ofConstitution Day. Indiana courts recognizedthe anniversary of the signing of the U.S.Constitution (September 17, 1787) with aprogram that brought judges into schools.September 26 The Indiana SupremeCourt traveled to Anderson University inMadison County to hold oral argument, whichwas attended by approximately 700 students,community members, and members of thejudiciary.September 6 The Office of Admissionsand Continuing Education announced that295 applicants passed the July 2018 bar exam;another 120 passed the February 2019 exam.September 25 The Lake County JudicialNominating Commission announcedthree nominees to fill the first of fourjudicial vacancies during the fiscal year. Thecommission was chaired by Justice GeoffreySlaughter.October 1 The Allen Superior CourtJudicial Nominating Commission announcedthree nominees to fill the first of two judicialvacancies during the fiscal year. The commissionwas chaired by Justice Steven David.2
Year in ReviewA new family gets their portrait taken to celebrateNational Adoption Day in Marion County.Justice Christopher Goff speaks to students atthe Indiana State Museum on Statehood Day.Trial judges from around the state stand to berecognized for their public service during theState of the Judiciary.October 16 Justin Forkner was named ChiefAdministrative Officer of the Indiana SupremeCourt. He previously served as ExecutiveDirector of the Indiana Office of Court Services.November 29 The Coalition for CourtAccess launched indianalegalhelp.org,a website providing legal resources to Hoosiersof limited financial means.December 11 Indiana celebratedStatehood Day with each of the five justicestalking to children in the State House andvarious locations around Indianapolis.November 17 Thirty Indiana judicialofficers celebrated National Adoption Day byallowing families and press the opportunityto photograph and videotape adoptionproceedings. Participating counties welcomedapproximately 270 children to join theirforever families.December 4 A 14-member studycommission was created by Supreme Courtorder to review the Indiana Bar Examinationand determine whether changes in its format orcontent are needed. The commission held sixopen meetings during the fiscal year.January 16 Chief Justice Loretta Rushdelivered the annual State of the Judiciaryaddress discussing the work of courts statewideand honoring Indiana trial judges for theircontinued efforts to make justice accessible to all.3
Year in ReviewChild advocate volunteers from across the stategather at the Indiana State House on CASA Day.Current justices celebrate with former ChiefJustice Brent Dickson at the unveiling of hisofficial portrait in the Court's conference room.Justice Mark Massa (left) and Justice GeoffreySlaughter (third from left) with student escortsbehind the scenes at the Wabash argument.March 6 Mary Kay Hudson was namedExecutive Director of the Indiana Office ofCourt Services. She previously served as theDeputy Director for Justice Services at IOCS.April 8 Indiana certified its 100th problemsolving court, a veterans treatment court inPulaski County, bringing the total number ofIndiana counties served by a problem-solvingcourt to 50.April 15 The Court held a district meeting inCarmel, commencing a series of nine meetingsthat provided a forum for justices to hear theconcerns of trial court judges across the state.March 19 Volunteers from CourtAppointed Special Advocates gathered atthe Indiana State House for their annualCASA Day event. Over 450 people attended,interacting with legislators about importantissues facing children and advocating for thebest interests of foster children.April 12 The Coalition for Court Accessreleased two studies showing the importance ofproviding civil legal aid. For every 1 investedin Indiana’s civil legal aid services, there is 6.70in immediate and long-term consequentialfinancial benefits.April 16 Portraits of former JusticesRobert Rucker and Myra Selby and a paintingof former Chief Justice Brent Dickson wereunveiled in the Supreme Court ConferenceRoom. A brief ceremony was held tocommemorate the historical significance ofthese additions.4
Year in ReviewApril 18 The Supreme Court held atraveling oral argument in Justice ChristopherGoff’s hometown of Wabash with 20 schoolsand community groups in attendance.May 17 Clinton Circuit and Superior Courtsand Pike Circuit Court began voluntarye-filing, bringing the total number of countieswith e-filing available to 91. More than 7.6million documents were filed electronicallyduring the fiscal year.June 24 Trial Court Technology completeddeployment of Odyssey in Dubois and Whitleycounties. With these additions, 74 counties usethe Odyssey Case Management System, andnearly 85% of the state’s new cases are filed inOdyssey.June 30 The Supreme Court closed the fiscalyear; it heard 49 oral arguments, wrote 65majority opinions, and disposed of 869 cases.Clockwise from top left. Several justices meet with members of the press to discuss the previous annualreport; Justices Goff, David, and Slaughter attend the State of the State address; students with JaneSeigel (second from left) wait to ask the Court a question after the oral argument in Anderson.5
6
JUSTICESJUSTICEJUSTICECHIEF JUSTICEJUSTICEJUSTICEAPPOINTED 2012 byAPPOINTED 2010 byAPPOINTED 2014 as ChiefAPPOINTED 2017 byAPPOINTED 2016 byEDUCATION IndianaEDUCATION & MILITARYSERVICE Murray StateEDUCATION PurdueEDUCATION Ball StateUniversity; Indiana UniversityMaurer School of LawEDUCATION IndianaMARKMASSAGov. Mitchell E. Daniels, Jr.University; Indiana UniversityMcKinney School of LawSTEVENDAVIDGov. Mitchell E. Daniels, Jr.University; Indiana UniversityMcKinney School of Law;28 years of Military Service(Retired Colonel, U.S. Army)LORETTARUSHJustice; 2012 by Gov. MitchellE. Daniels, Jr.University; Indiana UniversityMaurer School of LawCHRISTOPHER GEOFFREYGOFFSLAUGHTERGov. Eric J. HolcombGov. Michael R. PenceUniversity; Indiana UniversityKelley School of Business;Indiana University MaurerSchool of Law7
CASES869Most cases in Indiana are decided by trial courts.Less than 1% of the cases in the state are appealed to the Supreme Court.Cases disposedCases receivedFive-year comparisonFive-year comparisoncases received869cases disposed50civil & criminaltransfers granted5% increasein civil cases receivedcompared to previous year2% increasein criminal cases receivedcompared to previous year49oral argumentsCase Searchmycase.in.gov8
CASE I N V EN TO RYAn accounting of the number of cases pending atthe beginning and end of the fiscal year by case type.Cases PendingJUL 1, 2018Cases ReceivedJUL 1, 2018 - JUN 30, 2019Cases DisposedJUL 1, 2018 - JUN 30, 2019Cases PendingJUN 30, inal Actions-2828-Board of Law Examiners-11-Mandate of Funds1111Attorney Discipline4510510644Judicial Discipline145-Certified Questions1-1-Other Matters*1-1-120869869120Total* Petition for Appointment of Judge Pro TemporeThe 2017-2018 report showed 35 cases pending at the beginning of the year, with 432 received, 430 disposed, and 37 pending at year end. The correct figures for 2017-2018 were 32 pendingat the beginning of the year, with 433 received, 430 disposed, and 35 pending at year end.12The 2017-2018 report showed 32 cases pending at the beginning of the year and 39 pending at year end. The correct figures for 2017-2018 were 27 beginning and 34 ending.9
CASE S R E C E IV EDC R I M I N A L C ASE SAll cases received by the Supreme Courtduring the fiscal year, organized by case type.ATTO RNE Y D IS CIP LINEJ UDI CI A L DI SCI PLI N EPetitions for rehearing351Post-conviction appeals – death penalty(including successive requests)Petitions to show cause fornoncooperation128Post-conviction appeals – non-capital(including successive requests)Verified complaints fordisciplinary action841All other criminal353Private administrativeadmonitions tenderedCriminal Total441Affidavits of resignation (tenderedbefore filing Verified Complaint)1Original actionsPetitions for emergencyinterim suspension3Notices of findings of guilt (felony) /Requests for interim suspension3State Board of Law Examiners(Petitions for review / Petitions torevoke)Notices of foreign discipline /Requests for reciprocal discipline3Petitions for reinstatement3Petitions to revoke probation3C I VIL C ASE SPetitions for rehearing6All other civil282Civil Total288TAX C AS E STax Court petitions for review1Petitions to terminate probation6Tax Total1Contempt of court proceedings1Miscellaneous2Attorney Discipline TotalFormal disciplinary charges4Judicial Discipline Total4OTHER CASE TYPESMandate of fundsOther TotalTotal Received128130869105During the year, the Supreme Court received none of the following types of matters: direct appeals in death penalty or life withoutparole cases, civil direct appeals, motions for release from reciprocal suspension in attorney discipline cases, and certified questions.More attorney discipline data availableon pages 46-4710
CASE S R E C E IV ED11
CASE S D I S P OS E DC RI M IN A L C AS E SAll cases considered and disposed by the Supreme Courtduring the fiscal year, organized by case type.ATTO RNEY D IS CIP LINEOpinions on direct appeals2Opinions on petitions to transfer18Orders on rehearingDismissal on compliance withshow cause order33Disbarment2Accepting resignation332Emergency interim suspensiongranted2Petitions to transfer denied, dismissed,or appeal remanded by orderTerminating noncooperationsuspension on compliance with showcause order420Dismissal of show cause proceedingdue to other suspension133Criminal Total443Interim suspension on finding of guilt(felony)Converting noncooperationsuspension to indefinite suspension3Reciprocal discipline (suspension)2Private administrative admonition1Granting reinstatement227Private reprimand1Withdrawal or dismissal of petitionfor reinstatement2Opinions on rehearing1Public reprimand5Denying reinstatement1Orders on rehearing41Revoking probation1Petitions to transfer denied, dismissed,or appeal remanded by orderSuspension with automaticreinstatement (after verified complaint)2486Terminating probation6Civil Total280Suspension without automaticreinstatement (after verified complaint)Suspension with conditions /probation (after verified complaint)Finding contempt of court382Suspension due to disabilitydeterminationMiscellaneous dismissing orwithdrawing action1Miscellaneous3C I V IL C ASE SOpinions on petitions to transferTAX C ASE SOpinions on Tax Court petitionsfor review1Dispositive orders on Tax Courtpetitions for review2Tax Total3Attorney Discipline Total106During the year, the Supreme Court had none of the following types of dispositions: opinions on rehearing; petitions to transfergranted and remanded by order; opinions or orders on certified questions; opinions on civil direct appeals; and in attorney disiplinary cases, rejections of private administrative admonition, denials of emergency interim suspension, release from reciprocalsuspension, or finding or judgment for respondent.12
C AS E S D IS P OS E DJ UDI C I A L D ISC IP L IN EOpinions and published orders5Judicial Discipline Total5OTH E R C AS E T Y P E SCertified questions1Mandate of funds(opinions and published orders)1Original actions(disposed of without opinions)28State Board of Law Examiners(Petition for review/Petitions torevoke)1Petition for Appointment of JudgePro Tempore1Other TotalTotal Disposed32869More attorney discipline data availableon pages 46-4713
Twice a year, the Supreme Court hearsoral argument in an Indiana community outside of Indianapolis. These traveling oral arguments, organized by the Officeof Communication, Education, and Outreach,provide unique and interactive experiences forstudents, press, and the public in other areas ofthe state. There have been 45 arguments awayfrom the State House Courtroom since 1994.In September 2018 at Anderson University inMadison County, nearly 650 students from13 local schools attended argument in MarcusZanders v. State of Indiana, a criminal searchand-seizure case.Top: Counsel argues in Zandersv. State at Anderson Universityin Madison County.The April 2019 argument took the Court toWabash County, where Justice ChristopherGoff served as a trial judge. Over 800 guests,including students from 20 schools and community groups, attended arguments in KatelinSeo v. State of Indiana, a case regarding theFifth Amendment’s privilege against selfincrimination.Right: A student asks thejustices a question afterarguments in Seo v. State inWabash County.After arguments concluded, attendees were given the opportunity to ask the Court questionsto further their understanding of the judicialsystem.14
W E B C AST I N GSTAT I ST I C SC ASE S HE A R DAT O R A L A R G UMENTSupreme Court staff operatedthe webcasting equipment in theCourtroom. Since 2001, the Courthas webcast:T 837 hours of oral arguments,educational programs, andceremonies 1,140 Supreme CourtargumentsDuring this fiscal year,47 Supreme Court arguments,3 Court of Appeals arguments,1 public hearing, and 1 ceremonywere webcast from the SupremeCourt Courtroom for a total of39 hours.Two traveling oral argumentswere webcast live and recordedat off-site locations.he Supreme Court heard 49 oral arguments in 51 cases duringthe fiscal year, including two traveling arguments in Madison andWabash counties. All arguments were recorded and can be viewedonline. Arguments were also broadcast live on the web. The followingdetails the types of cases presented at oral argument:CriminalBefore transfer decision6CriminalAfter transfer granted9CriminalDirect appeals4Civil/TaxBefore transfer/review granted13Civil/TaxAfter transfer/review granted19Total51Oral Argument Videomycourts.in.gov/arguments15
OPINIONSJustices published 86 opinions during the fiscal year.Majority opinions by author65In addition to 22 per curiam opinions handed downby the Court, the justices wrote 43 majority and 21non-majority opinions.majority opinions21non-majority opinionsConsensus of opinionsThe Court is mostly unanimous in its decisions. Thereare some split decisions and rare “other” cases inwhich fewer than three justices were in completeagreement as to result. There were no "other" casesduring the fiscal year.Excludes 22 per curiam opinions.5-0 or 4-0 (Unanimous)294-1 or 3-183-2643Appellate Decisionscourts.in.gov/opinions16
OP I N I O NSMajority opinions by author and typeA breakdown of the majority opinions authored by each justice for each case type heard by the Supreme Court.Rush, C.J.David, J.Massa, J.Slaughter, J.Goff, J.By the CourtTotalCriminal Transfer332-5518Criminal Direct Appeal-2----2Civil Transfer75373227Civil Rehearing---1--1Tax Review--1---1Attorney Discipline-----1111Judicial Discipline-----33Certified Question-1----1Mandate of Funds-----11Total65Non-majority opinions by author and typeNon-majority opinions are not dispositive.Rush, C.J.David, J.Massa, J.Slaughter, J.Goff, J.TotalConcurring---3-3Dissenting1415112Concur in part / Dissent in part3-12-6Total21During the fiscal year, the Supreme Court issued no opinions in original actions, civil direct appeals, or Board of Law Examiners matters.17
This page, clockwise from top left.Leaders from all three branchesof state government convene forthe 2019 State of the Judiciary;the Domestic Relations Committeehears con
Indianapolis, Indiana 46204 (317) 234-4722 courts.in.gov ON THE COVER: . The pages that follow showcase these successes and more. . the Indiana Judicial College for completing 120 hours of continuing education; 29 received a certificate for completing the Indiana Graduate
![IN THE SUPREME COURT OF T]-lE STATE OF MONTANA](/img/7/526b198c923f8.jpg)
