The Intersection of the law and the 3 Branches of Government

1. The Intersection of the law and the 3 Branches of Government Dr. Elizabeth R. Osborn Assistant to the Chief Justice for Court History and Public Education

2. Separation of Powers • Legislature makes the laws • Executive implements the laws • Courts interpret the laws

3. Indiana’s Government

4. Courts as a part of the whole • Courts do not act alone in administering justice, even though public often does not think about the role of the other branches. • Judicial branch operates at both the state and local level. (as do the legislature and executive) • Indiana’s courts are not a “unified system.”

5. The Executive Branch and the Judiciary • Appointment of appellate judges • Clemency and Pardons • Department of Corrections • Parole Hearings • Public Policy to heighten public awareness • Appointments to Boards

6. The Legislature and the Judiciary • Enact Laws • Authorize New Courts • Fund Special Courts and Court Projects • Establish salaries for judges and prosecutors and set court costs

7. Responsibilities of the Judicial Branch Statewide • Rules for operation of all courts • Supervise judges and lawyers • Provide Drug and Alcohol Programs • Provide training court personnel • Clerk of the Appellate Courts

8. Responsibilities of the Judicial Branch in the Counties • Conduct trials • Set local court rules and hire local court • Supervise probation • Build and maintain local jails • Hire local police and sheriff

9. Structure of Indiana’s Court System

10. Trial Courts • All, generally, do the same job. Different names stem from laws that created them, not functional differences. • Each county is essentially 1 circuit • Superior and county courts added with growth • City and Town courts created to meet local needs. Only 48 city courts in Indiana

11. •Circuit and Superior Courts (and 1 probate court) •City and Town Courts Local/County Trial Courts

12. Differences between Trial Courts and Appellate Courts • Appellate courts DO NOT call witnesses, look at evidence, or retry the facts of the case • There is no jury • With the exception of the tax court, appeals are heard by a panel of judges • Appellate court’s review is limited to legal issues • Appellate courts cannot initiate cases

13. Indiana’s Appellate Courts • Indiana Supreme Court • Indiana Court of Appeals • Indiana Tax Court • Clerk of the Courts

14. A Brief History of the Court • 1816 Constitution • 1851 Constitution • 1970 Constitutional Amendment

15. Indiana’s 1816 Constitution • 1st state capital • Located in southern Indiana close to KY border • Constitution written in June • Indiana admitted to the Union on December 11, 1816

16. Indiana’s 1816 Constitution • Judicial branch organized in Art V • Created only Supreme & Circuit courts; Legislature was authorized to create other courts as needed • Supreme Court has 3 members picked by the Governor to serve 7 year terms

17. Indiana’s 1851 Constitution • Capital moved to Indianapolis in 1824 • Court met in several different places between 1824 and 1888 • Current building completed in 1888

18. Indiana’s 1851 Constitution • Judicial branch organized in Art 7 • Created only Supreme & Circuit courts; Legislature was authorized to create other courts as needed • Supreme Court can have up to 5 members. • Elected to 6 year terms, “if they so long behave well.”

19. 1970 Constitutional Amendment

20. 1970 Constitutional Amendment • Court of Appeals becomes a constitutional court • Court may be increased from 4 to 8 associate justices • Chief Justice chosen by a Judicial Nominating Committee for a 5 year term • Appellate judges selected by the Gov. from 3 candidates selected by the Judicial Nominating Committee. They are subject to a periodic non-partisan retention vote.

21. How do cases come to the Appellate Courts? • Most cases are appealed from the trial courts to one of the intermediate appellate courts. • A few cases, death penalty, mostly, are allowed direct appeal to the Supreme Court. Otherwise, the Supreme Court selects the cases it reviews.