The Indiana General Assembly created the Commission on Courts to review, conduct research, and hold public hearings on all requests for new courts or changes in jurisdiction of existing courts, and to review, report on, and make recommendations concerning any other matters relating to court administration that it deems appropriate. The Commission is required to submit a report to the General Assembly before November 1 of each year.
Its thirteen members include the Chief Justice, four members from the Indiana House of Representatives, four members from the Indiana Senate, two appointees of the Senate President Pro Tempore one who is a sitting judge and one who is a county commissioner, and two appointees of the Speaker of the House, one being a member of the county council and one being a circuit court clerk. This past year for the Commission, Martinsville Senator Richard Bray served as Chairperson and Hammond Representative Linda Lawson was Vice-Chairperson. The Commission met four times during the interim between sessions to study court related issues. At its last meeting of the year on October 24 it made a number of findings of fact and recommendations.
The full text of the Commission’s report may be found on the General Assembly’s website at http://www.in.gov/legislative/interim/committee/reports/CRTSBB1.pdf.
FINDINGS AND RECOMMENDATIONS
IT RECOMMENDED that all former holders of a judicial office who have served at least four consecutive years as a judge or justice should be allowed to serve as private judges and that private judges should be allowed to hear domestic relations cases.
IT RECOMMENDED that a person should be allowed to participate in a court established Alcohol and Drug Service Program if the person is arrested for a misdemeanor or felony or referred to the program by another court, a probation department, the Department of Correction, the Federal Bureau of Prisons, the Division of Mental Health and Addiction, a prosecuting attorney’s office, or pretrial services.
IT RECOMMENDED that the Automated Record Keeping fee should be increased from $7 to $10 after June 30, 2009, and before July 1, 2013, and decreased to $7 after June 30, 2013.
IT FOUND that no county court will exist in Indiana as of January 1, 2009 and therefore recommended that the repeal of the law concerning the establishment and operation of county courts.
IT RECOMMENDED establishing the Sixth District of the Indiana Court of Appeals of Indiana as of January 1, 2010, with the entire State constituting the Sixth District.
IT RECOMMENDED that the four judges of the Lake Superior Court County Division should be nominated by the Lake County Superior Court Judicial Nominating Commission and appointed by the Governor and be subject to the question of retention or rejection by the Lake County electorate every six years.
IT RECOMMENDED that the judge of the Allen Circuit Court should be allowed to appoint a second full-time magistrate and to remove the judge’s authority to appoint a hearing officer who has the powers of a magistrate and whose salary is paid by the county.
IT MADE the following findings of fact and recommendation concerning merit selection of judges of the St. Joseph Superior Court:
- The merit selection system for St. Joseph Superior Court judges has attracted outstanding lawyers to seek and assume judicial careers and has provided those men and women with the ability to rule in a fair and impartial manner without fear of partisan retaliation for their decisions.
- The merit selection system holds these judges accountable to the people of their community for their professional and personal behavior
- In calling on the General Assembly to provide for the merit selection of judges, Governor Roger Branigan in 1964 said that the State should “offer to the judges…the promise of reasonable tenure if they perform well, and which will insure them, to the fullest extent possible, freedom from political pressures.” The current system for selecting and retaining St. Joseph Superior Court judges achieves the objectives set out by Governor Branigan in 1964.
- Therefore, the Commission recommends that the current system of merit selection of judges of the St. Joseph County Superior Court should not be changed.
- Rep. Ryan Dvorak, South Bend, submitted the following minority statement to the Commission concerning this recommendation:
“I respectfully submit a differing opinion from that of the majority. While there may be meritorious aspects to a system of appointed judges, the comparative merits of such a system are not at issue. Under debate was whether there is any rational reason for St. Joseph County to be subject to distinctly different laws than the rest of the state—potentially in violation of the constitutional prohibition against special legislation. I contend the Commission heard no testimony validating this disparate treatment. Therefore, I will continue to work with the General Assembly to give the citizens of St. Joseph County the opportunity to make their own decision as to how their local judicial system is structured.”
IT RECOMMENDED that the Legislative Services Agency (LSA) and the Indiana State Bar Association should continue to discuss how to deal with issues concerning noncode provisions of the Indiana Code and, if necessary, the LSA should make recommendations to the General Assembly concerning the use of noncode provisions.
IT RECOMMENDED that the General Assembly should defer action concerning Trial Rule 60.5 that allows courts to mandate the expenditure of funds by local governments while the Supreme Court continues to respond to this through the adoption of rules.
IT COMMENDED the Division of State Court Administration on the creation of the retention election website for Indiana’s appellate jurists.