Loretta Rush, as the first female Indiana Chief Justice, delivered an historic address on the condition of the courts to a joint session of the Indiana General Assembly.
Highlights of the speech follow, but we invite you to read the entire text and watch the video of the event on the Indiana Courts website at http://courts.in.gov/supreme/2502.htm.
Chief Justice Rush reported on the “condition of the courts” by reviewing its constitutional purpose and asking this question: Is our system of justice in Indiana working for the people and businesses it promises to serve? As our Indiana Constitution set forth almost 200 years ago, our courts must be open to every person for every injury—so that citizens’ conflicts, whether criminal or civil, are decided in an impartial forum, at an efficient price, with fair outcomes.
She expressed appreciation to her predecessor, the former Chief Justice and current Justice, Brent Dickson, for his leadership as exhibited by his integrity and calm and thoughtful approach during a period of much change on the Court.
The Chief Justice noted that while independence is vital to judicial decision making, collaboration is essential to the daily operations of the courts. She acknowledged the partnership of the judiciary with the General Assembly and Executive Branch.
Chief Justice Rush emphasized that the Indiana Supreme Court does much more than decide cases and write opinions. The Court also has administrative responsibilities, as exhibited by the following actions:
- Providing access to justice to litigants with limited English proficiency by swearing in 19 new certified court interpreters, bringing the total to 107—including for the first time an American Sign Language interpreter.
- Expanding the courts’ electronic case management system to 217 courts in 51 counties, representing nearly 60% of the 1.5 million new cases filed in Indiana courts annually.
- Increasing legal services to the poor through the adoption of an innovative rule requiring all attorneys to report their pro bono volunteer legal services.
- Through the Juvenile Detention Alternatives Initiative (JDAI), which has increased from 8 to 19 Hoosier counties in the last 2 years, covering 56% of the state’s at-risk youth.
She focused on three areas: improving public safety, strengthening Hoosier families, and modernizing our courts in order to fulfill the promise of justice in Indiana.
Increasing Public Safety
Chief Justice Rush reported that the courts are enthusiastic partners in implementing the legislature’s masterful criminal code reform. The Court has trained probation officers, judges and their staffs in record numbers and are adopting new probation standards and administering grants to our counties to ensure safe, effective and efficient community supervision. She highlighted other success stories:
- Probation officer Aaron Louden recommended a way to collect DNA samples so that information can be shared efficiently by those agencies involved in law enforcement.
- The Protective Order Registry for victims of violence is an excellent example of court technology improving public safety.
- Indiana Problem Solving Courts address the unique needs of offenders with drug addictions and mental illness. Specialist Christopher Bunch, who served our country honorably for 6 years with Company C, 1st Battalion, 152nd Infantry Division, is one of its success stories. The Indiana Supreme Court has certified 68 such specialty courts and the fastest growing are Veterans Courts.
- The Juvenile Detention Alternatives Initiative (JDAI) ensures that juvenile offenders are in the right placement, for the right reasons, and for the right length of time.
Strengthening Our Families
Chief Justice Rush noted that 2014 was the first full year of operation for the legislatively created Children’s Commission, which includes leadership from all three branches of government. The Commission tackled the toughest issues facing our children, including sex trafficking; the toll that methamphetamine and heroin use takes on our families; infant and child deaths; improving educational outcomes for vulnerable youth; and overcoming homelessness. She pointed out examples of how the judiciary strengthens Indiana families, such as family courts, the Mortgage Foreclosure Trial Court Assistance Project, child support and parenting time guidelines, mediation and parenting programs, and others, including the following.
- On National Adoption Day this past November, 100 children joined new families during special open adoption proceedings celebrated in trial courts across the state.
- Court initiatives promoting Guardians ad Litem and Court Appointed Special Advocates (CASA) have produced thousands of volunteers.
- Last year, Adult Protective Services received 40,000 reports of elder abuse in Indiana. The population over age 65 in our state will more than double in the next several decades. In 2014, Indiana became the first state in the nation to create a statewide Guardianship Registry. The Registry offers to clerks, courts and practitioners real-time case management tools. It has a public portal so that hospitals and health care providers, banks, law enforcement and others who may encounter emergency situations can quickly and accurately determine whether someone is subject to a guardianship and act accordingly.
Modernizing Court Operations
Chief Justice Rush reported on three major developments in modernizing our courts: electronic filing of cases, improving the process involved with complex litigation, and improving the way courts make pre-trial release decisions.
- 2015 will be the year that we begin the move to statewide electronic filing in Indiana courts. E-filing will allow litigants, attorneys, businesses and other government agencies to interact with the courts electronically. She asked for legislative assistance by making an investment in court technology, including electronic filing and said: “Pennies of additional investment now will reap dollars of savings in future records management costs. And if our Indiana judicial system is to be on the right course, we must act now.”
- The Court is currently working on the development of a business court model focused on complex commercial litigation. Creating this specialty court will bring together judges experienced in handling business and commercial law cases to preside over a specialized docket with business-specific resources.
- The Court is working on an initiative that will refine how we determine whether those arrested on low-level offenses should sit in jail awaiting trial. New practices can yield wide-ranging benefits, such as significant taxpayer savings for jail operations; improving arrestee appearance rates at trial; minimizing wealth-based disparities as to pre-trial release and enabling people to return more quickly to family and work while ensuring public safety.