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Table ofContents12613193358IntroductionYear in ReviewJusticesCasesOpinionsAgency ReportsDefinitions
Published by theIndiana Supreme CourtOffice of Communication, Education and Outreach30 S. Meridian, Suite 500 Indianapolis, Indiana 46204 317-234-4722courts.IN.govOn the cover: The bench in Indiana’s historic Supreme Court courtroom.Photographs in this year’s report were taken by: Jim Barnett, Lindsey Borschel, Chris Bucher, Janean Deplanty, Kathryn Dolan, John Gentry, SarahKidwell, Greta Scodro, Jessica Strange, Renita Wright, and other friends of the Court.
GreetingsThis Annual Report provides information about the work of the Indiana Supreme Court and its affiliated agencies during Fiscal Year 2013(July 1, 2012 to June 30, 2013). The following pages include statistical data, an overview of significant events, information about importantprograms, and an appendix with definitions for legal terms that may not be familiar to our readers. Among the highlights in this report: Justice Frank Sullivan, Jr., left the bench after nearly 20 years of service330 bar exam test takers used their personal laptops for essay questionsOdyssey case management system—now under Justice Mark Massa’s direction—expanded to serve 46 countiesWith an approximate 70% approval rating, both Justice Steven David and Justice Robert Rucker were retained for 10 yearsJustice Loretta Rush joined the court as its 108th justiceSeveral websites were updated, including the Roll of Attorneys and a new online search for appellate casesIt is only through the hard work and dedication of the employees of the Judicial Branch that all of this great work was accomplished. I applaud theireffort and ask for all to strive to make additional improvements over the next fiscal year.Brent E. DicksonChief Justice1
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Year inReviewFiscal Year: July 1, 2012 to June 30, 2013July 17–18 Press and public are invited toattend the INTERVIEWS of all 22 attorneysand judges who applied for a vacancy onthe Indiana Supreme Court created by thedeparture of Justice Frank Sullivan, Jr.July 17 Judicial Center hosts Trial CourtEmployee Conference with over 300 courtstaff members from 80 Indiana counties.July 20 Television, radio, print, andInternet media attend LAW SCHOOLFOR JOURNALISTS to learn about courtoperations.July 24–25 For the first time, all barexam applicants are allowed to use theirown laptops for essay questions. 330 of 572test takers trade in their pens for PCs.July 31 After 19 years on the bench JusticeSullivan steps down and begins a new careeras Professor Sullivan at the Indiana UniversityMcKinney School of Law.August 6 More than 350 judges, lawyers,and community members attend a publicCEREMONY in the State House Atrium asBrent Dickson is sworn in as Chief Justiceby Governor Mitch Daniels.September 4 Elkhart County goesonline with the Odyssey case managementsystem. 4 more counties join during thefiscal year, bringing the total number ofcounties on the state system to 46.Nearly 30 journalists attend the Courtsponsored program at Indiana UniversityMcKinney School of Law.3Trial court Judge John Surbeck (AllenCounty) receives a 24-year certificate fromChief Justice Dickson. Two months later, U.S.Supreme Court Chief Justice John Robertswould present Judge Surbeck with theREHNQUIST AWARD in Washington, DC.September 12-14 The Supreme Courthonors 8 judicial officers for 24 years ofservice. Dozens of others are recognized forcompleting continuing education programssuch as Judicial College certificate (18),Master’s Certificate (1), and GraduateProgram (30).
Year inReviewOctober 29 The 2011 JUDICIAL SERVICEREPORT is published, revealing details aboutthe state’s 1.6 million new cases. ChiefJustice Dickson meets the press to answerquestions about the caseload statistics.Justice David speaks with students at NewTech Academy in Fort Wayne on ConstitutionDay.September 17 Schools across the statecelebrate CONSTITUTION DAY with visits fromChief Justice Brent Dickson, Justice StevenDavid, and Justice Mark Massa.November 7 Justice Steven David andJustice Robert Rucker each receive morethan 1 million “yes” votes in the GeneralElection and are retained for 10-year terms.Each Justice garners about 70% of the vote.December 28 Justice Loretta Rushis publicly SWORN IN as the state’s 108thJustice by Governor Daniels. The officialoath of office was administered in privateby Chief Justice Dickson on November 7 soRush could begin work on the high court.November 16 Justice Rucker swearsin 20 NEW COURT INTERPRETERS withcertifications in Spanish (17), Mandarin (2),and Polish (1).September 20 Members of allSupreme Court commissions—DisciplinaryCommission, Commission for ContinuingLegal Education, Judges and LawyersAssistance Program, Judicial QualificationsCommission, and Board of LawExaminers—gather for a one-day trainingevent.October 26 Chief Justice Dicksonspeaks to the Indiana State Bar House ofDelegates and asks lawyers for ideas on howto increase pro bono hours.December 11 The Judicial Branch takespart in Statehood Day celebrations at theState House with students visiting thehistoric Supreme Court courtroom.Justice Rush takes the oath of office,administered by Governor Daniels, with herhusband Jim by her side. Their four childrenwere also present at the ceremony.Justice Rucker administers an oath in whichnewly certified interpreters pledge to upholdthe Indiana and U.S. Constitutions and fairlyinterpret witness testimony.4January 1 Orders amending Indiana’svarious Rules of Court become effective.
Year inReviewMay 9 The Court hears ORAL ARGUMENTat Merrillville High School in the case ofPhillip T. Billingsley v. State of Indiana, with550 students from 11 schools in attendance.January 23 Chief Justice Dicksonpresents his first STATE OF THE JUDICIARY.He notes the 60% turnover on the highCourt saying, “Despite the change offaces, we intend the ‘new court’ will be acontinuance, and even an enhancement, ofall the things admired in the ‘old’ one.”May 11 Governor Mike Pence signs theJudicial Technology Oversight Committeebill.Teachers from around the state learnabout the Judicial Branch in a special civiceducation workshop.Chief Justice Dickson’s State of the Judiciaryis attended by Governor Mike Pence (left), Lt.Governor Sue Ellspermann (right), and bothhouses of the Indiana General Assembly.February 1 The Roll of AttorneysWEBSITE is updated with new features,including access to attorney discipline casehistory.March 1 New Parenting Time Guidelinesbecome effective, with the first majoradjustments since 2001. They includelanguage to account for email, Internet, andSkype communication between parent andchild.April 12 80 teachers attend a SupremeCourt workshop designed to showcaseresources available for improving civiceducation. All Supreme Court membersmeet with the educators.April 22 All five members of the Courtbegin a trip around the state to meet withtrial court judges in all 26 districts. Themeetings are valuable, allowing the Justicesto learn firsthand about the challenges andopportunities facing local judges.April 23 The Court hears ORALARGUMENT at Indiana University East inRichmond in the case of Brian Yost v. WabashCollege, et al.5The Judicial Technology Oversight Committeebill is signed into law by Governor Pencewith the bill's author, Rep. Greg Steuerwald,seated next to him. Chief Justice Dickson,Justice Massa, and Justice Rush are amongthe elected officials, state executives and statecourt administration leaders in attendance.June 19 Appellate Clerk’s Office launchesa new ONLINE CASE SEARCH and asks users toprovide feedback about the site.
Justices6
Chief Justice Brent E. DicksonBorn1941HometownHobart, IndianaAppointed1986 by Governor Robert D. Orr; Chief Justice, 2012EducationPurdue University; Indiana University McKinney School of Law, IndianapolisActivitiesMember: American, Indiana, Indianapolis Bar Associations; American Judicature Society;American Law Institute. Life Fellow of Indiana Bar Foundation. Co-founder of Sagamore Inn ofCourt in Indianapolis.More About Chief Justice DicksonChief Justice Dickson’s OpinionsChair: Indiana Judicial Nominating/Qualifications Commission.Taught Indiana Constitutional Law at Indiana University Law Schools in Bloomington andIndianapolis. Seventeen years in general and trial practice in Lafayette, Indiana.7
Justice Robert D. RuckerBorn1947HometownGary, IndianaAppointed1999 by Governor Frank O’BannonEducationIndiana University; Valparaiso University School of Law; University of Virginia School of LawActivitiesMember: American, Indiana, James C. Kimbrough, Marion County Bar Associations; AmericanJudicature Society. Fellow of Indianapolis Bar Foundation.More About Justice RuckerJustice Rucker’s OpinionsFormer: Chair of Judicial Council of the National Bar Association, Vice-chair of IndianaCommission for Continuing Legal Education, member of Board of Directors of the IndianaTrial Lawyers Association, member of Board of Directors of the Northwest Indiana LegalServices Organization.Adjunct professor at Indiana University McKinney School of Law.8
Justice Steven H. DavidBorn1957HometownColumbus, IndianaAppointed2010 by Governor Mitchell E. Daniels, Jr.EducationMurray State University; Indiana University McKinney School of Law; U.S. Army Command andGeneral Staff College, Military Judges SchoolActivitiesMember: Boone, Indianapolis, Indiana, American Bar Associations; American Judicature Society;American Law Institute; Indiana and American Bar Foundations; Indiana and National Councilof Juvenile and Family Court Judges; Lebanon Kiwanis; Zionsville American Legion.More About Justice DavidJustice David’s OpinionsBoard of Directors of Community Foundation of Boone County. Adjunct Professor: McKinneySchool of Law, Notre Dame Law School, University of Indianapolis.Trial court judge for 16 years, six years in corporate practice, two years in private practice, 28 yearsof military law practice. Enjoys golf, triathlons, marathons and Tough Mudders. Has hiked theGrand Canyon three times.9
Justice Mark S. MassaBorn1961HometownMilwaukee, WisconsinAppointed2012 by Governor Mitchell E. Daniels, Jr.EducationIndiana University; Indiana University McKinney School of LawActivitiesMember: American, Indiana, Indianapolis Bar Associations; Sagamore Inn of Court.More About Justice MassaJustice Massa’s OpinionsChairman: Judicial Technology and Automation Committee (JTAC), Judicial TechnologyOversight Committee (JTOC), Judicial Data Processing Oversight Committee, JudicialNominating Commission for Superior Court of St. Joseph County.Former: Executive Director of the Indiana Criminal Justice Institute, General Counsel toGovernor Mitch Daniels, Assistant United States Attorney, Chief Counsel to the Marion CountyProsecutor, law clerk to Chief Justice Randall T. Shepard.Plays in weekly ice hockey league, has coached CYO sports, plays the piano and sings in a choir.10
Justice Loretta H. RushBorn1958HometownLafayette, IndianaAppointed2012 by Governor Mitchell E. Daniels, Jr.EducationPurdue University; Indiana University Maurer School of LawActivitiesMember: Tippecanoe, Indianapolis, Indiana, American Bar Associations; Indianapolis Inn of Court;Indiana and National Council of Juvenile and Family Court Judges.More About Justice RushJustice Rush’s OpinionsChair: Commission on Improving the Status of Children; Indiana Conference for Legal EducationOpportunity (ICLEO). Liaison to Judicial Conference Juvenile Justice Improvement Committee,Judicial Conference Problem Solving Courts Committee, State Board of Law Examiners.Past President of the Indiana Council of Juvenile and Family Court Judges.Fourteen years as Tippecanoe County trial court judge and 15 years in general practice inLafayette, Indiana.11
Justice Frank Sullivan, Jr., (right) in conversationwith Governor Mitch Daniels (left) after receivingthe Sagamore of the Wabash Award.RetirementsThere are approximately 180 staff membersat the Supreme Court and its agencies. Thefollowing individuals retired during the fiscalyear after many years of service:Dawn Brown – 31 yearsDivision of State Court AdministrationJustice Frank Sullivan, Jr.On April 2, 2012, the Indiana UniversityMcKinney School of Law announcedJUSTICE FRANK SULLIVAN, JR., would leave thehigh court and become a professor. JusticeSullivan was appointed as the 102nd justiceof the Indiana Supreme Court on November1, 1993, by Governor Evan Bayh and servedfor nineteen years.During his tenure on the Court, Justice Sullivan authored 510 majority opinions. He wasChairman of the Judicial Technology andAutomation Committee—which is bringingefficiencies to a growing number of Indianatrial courts. During his time as Chair, information in nearly half of all newly filed casesbecame available online. He was a frequentparticipant in bench, bar, and legal educationactivities and was a leader of the AmericanBar Association’s Judicial Clerkship Programthat encourages minority law students toseek judicial clerkships.He is a graduate of Dartmouth College(A.B. cum laude in 1972), Indiana University Maurer School of Law (J.D. magna cumlaude in 1982), and the University of Virginia School of Law (LL.M. in 2001).Sullivan was presented with the Sagamoreof the Wabash Award, a symbol of distinguished service to the State of Indiana, byGovernor Mitch Daniels on July 30, 2012.12Pamela Wood – 28 yearsIndiana Commission for ContinuingLegal EducationJustice Frank Sullivan, Jr. – 19 yearsIndiana Supreme CourtMichele Straub – 19 yearsJustice Sullivan’s ChambersRobert Shook – 19 yearsIndiana Supreme Court DisciplinaryCommissionCarol Kirk – 15 yearsIndiana Supreme Court DisciplinaryCommissionJanice Hood – 9 yearsDivision of Supreme CourtAdministration
CasesDetails about the number and types ofcases heard by the high court during thefiscal year.13
Mostcases in Indiana are decided bytrial courts. Less than 1% of thecases in the state are appealed tothe Supreme Court. During thefiscal year, the Court was asked todecide 1,012 cases.The following pages containdetailed statistics on those casesincluding case types and whetherthe Court granted transfer.While reviewing the cases, theCourt issued over 2,000 ordersand opinions. Statistics on theopinions begin on page 19.Case HighlightsA variety of statistics about the many cases heard by the Supreme Court during thefiscal year.1,012 Total cases received1,005 Total cases disposedINCLUDING:1371342Attorney discipline casesPetitions for rehearingCapital cases on direct appealCertified questions72 Oral arguments heard78 Majority opinions handed downSearch Appellate Cases Online14
Cases Disposed by TypeAll cases considered and disposed by the Supreme Court during the fiscal year, organized by case type.Criminal52952.6%Civil29729.6%Tax20.2%Original Actions353.5%Board of LawExaminers00.0%Mandate of Funds10.1%Attorney Discipline13713.6%Judicial Discipline30.3%Unauthorized Practiceof Law10.1%1,005100%TotalSee next page for a more detailed view ofdispositions.15
Cases Disposed in DetailCriminal CasesOpinions on direct appealsOpinions on petitions totransferTax Cases4Opinions on Tax Court petitionsfor review130Dispositive orders on Tax Courtpetitions for review1Total2Opinions on rehearing1Orders on rehearing6Petitions to transfer denied,dismissed, or appeal remandedby order486Petitions to transfer grantedand remanded by order2Other opinions and dispositions0Total529Civil CasesOriginal Actions1Opinions issued2Opinions on direct appeals2Opinions on petitions totransfer35Opinions on rehearing0Orders on rehearing6Petitions to transfer denied,dismissed or appeal remandedby order252Other opinions and dispositions0Opinions and published orders71Other dispositions66Total137Judicial Discipline MattersDisposed of without opinion34Total35State Board of Law ExaminersOpinions and orders oncertified questionsTotalAttorney Discipline MattersPetitions for review0Total0Opinions and published orders3Other dispositions0Total3Unauthorized Practice of LawOpinions and published orders1Other dispositions0Total1Mandate of FundsOpinions and published orders1Total1Total Dispositions 1,00529716
Case InventoryAn accounting of the number of cases pending at the beginning and end of the year with a detailed breakdown of case types.Cases Pending onJUL 1, 2012JUL 1, 2012 - JUN 30, 2013JUL 1, 2012 - JUN 30, 2013Cases DisposedCases Original Actions234351Board of Law Examiners----Mandate of Funds-11-Attorney Discipline7613513774Judicial Discipline-33-Unauthorized Practice of Law1-1-2781,0121,005285TotalCases Transmitted17JUN 30, 2013
Oral Arguments and Other Webcast EventsOral Arguments HeardWebcast StatisticsThe Supreme Court heard 72 oral arguments and webcast all but one of which werebroadcast live on the web. Two arguments were held away from the Courtroom: oneat Indiana University–East and the other at Merrillville High School. Following aredetails of the types of cases presented at oral arguments before the Court duringthe fiscal year.Highlights of events webcast from the SupremeCourt courtroom during the fiscal year.Criminal - Before decision ontransferCriminal - After transfer granted918Criminal - Direct appeals3Civil/Tax - Before decision ontransfer/review5Civil/Tax - After transfer/reviewgranted34Civil - Direct appeals2Unauthorized Practice of Law1Total70Supreme Court arguments7Court of Appeals arguments4Continuing legal educationprograms2Robing ceremonies7Student programs72Watch Oral Argument VideosView Other Supreme Court Videos18
OpinionsInformation about opinions handed down bythe Indiana Supreme Court during fiscal year2012-2013.19
TheOpinions by AuthorIndiana Supreme Court disposed of1,005 cases in fiscal year 2012-2013and handed down a written opinion in 78 of thosecases. Another 81 cases ended with a publisheddispositive order instead of an opinion.Each justice authored a number of majority and non-majorityopinions during the fiscal year. The following pages include acatalog of all majority and non-majority opinions by author.Justices also wrote 24 non-majority opinions—either agreeing or disagreeing with the majority.Opinions by TypeWritten decisions include majority opinions and orders thatdispose of a case.78Majority Opinions24Non-majority Opinions* Served only part of the fiscal year.20
Massa, J.Rush, J.Sullivan, J.Entire CourtTotalDickson, C.J.Rucker, J.David, J.Massa, J.Rush, J.Sullivan, J.TotalNon-majority opinions are not dispositive.David, J.A breakdown of the number of majority opinions authored by eachjustice for each case type heard by the Supreme Court.Rucker, J.Non-Majority Opinions by Author and TypeDickson, C.J.Majority Opinions by Author and Case TypeDirect Appeal Criminal2-2----4Concurring2-11--4Direct Appeal Civil---11--2Dissenting17121214Transfer Criminal454713630Concur in Part / Dissent in Part-2121-6Transfer Civil10511423-35Recusal-------Tax Review---1---1Total39352224Original Action------11Attorney Discipline------22Rehearing-1-----1Mandate of Funds-1-----1Unauthorized Practice ofLaw------1116121713461078TotalConsensusof OpinionsThe Court is mostlyunanimous in itsdecisions. There aresome split decisionsand rare "other"cases where fewerthan three justiceswere in completeagreement.No opinions were issued during the fiscal year in the following case types:Certified Questions, Board of Law Examiners matters, or Judicial Discipline.Excludes per curiam opinions.21
Click or tap the case name to view the opinion online.Chief Justice Dickson presides over an oral argument.Kimberly Heaton v. State ofIndianaSharon & Leslie Wright v.Anthony Miller, D.P.M., et al.48S02-1206-CR-350March 5, 201354S01-1207-CT-430June 21, 2013Michael & Katherine Doddv. American Family MutualInsurance CompanyErving Sanders v. State ofIndiana12S02-1203-CT-170March 5, 2013Hon. Brent DicksonMargaret Kosarko v. William A.Padula, et al.Dr. Teresa Meredith,
30 S. Meridian, Suite 500 Indianapolis, Indiana 46204 317-234-4722 courts.IN.gov On the cover: The bench in Indiana’s historic Supreme Court courtroom.
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