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TRIAL COURT EMPLOYEE CONFERENCE JULY 17, 2012. STATISTICAL REPORTS CHRONOLOGICAL CASE SUMMARIES NEW LEGISLATION. Jeff Wiese , Staff Attorney Angie James , Court Analyst Lilia Judson , Executive Director. STATISTICAL REPORTS.

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trial court employee conference july 17 2012
TRIAL COURT EMPLOYEE CONFERENCEJULY 17, 2012

STATISTICAL REPORTS

CHRONOLOGICAL CASE SUMMARIES

NEW LEGISLATION

Jeff Wiese, Staff Attorney

Angie James, Court Analyst

Lilia Judson, Executive Director

slide4
Hi -   It would really be helpful if there would be a way for the same entry to be made under multiple cause numbers . . . that way we would only have to type the same minute one time and schedule it once.  I’m not sure if this is even possible, but sure would be nice!    Thank you!

The statewide case management system, Odyssey, has the ability under the List Manager feature to have the same entry under multiple cause numbers. For more information, contact the Judicial Automation Technology Committee (JTAC) at 317-234-2604.

slide7
REVENUE REPORT
  • Judicial Salaries fee increased July 1, 2012.
  • New Pro Bono Legal Services Fee effective July 1, 2012.
  • Mortgage Foreclosure and Counseling Fee ends 12/31/12.
  • Infraction Judgment Collections for Marion County only – instructions on how to report.
  • Automated Recordkeeping Fee for Deferred/Diversion Programs now has a line in the report.
slide9
AUTHORIZED FEES

REMINDER:

Any fees charged by a county or township officer must be specified in IC 33-37 and IC 36-2. (See IC 5-7-2-2)

If a fee is not provided for under Indiana Law, it cannot be assessed. Neither courts nor clerks are authorized to create fees.

slide10
QCSR REPORT
  • Violations Bureau disposition is now called Traffic Violations Bureau on QCSR.
  • Trial Rule 81.1 - cases involving family or household members.
  • Municipal Ordinance Violations Bureau – when to count or not count.
trial rule 81 1 consolidation of cases involving family or household members
Trial Rule 81.1 – Consolidation of cases involving family or household members
  • Effective January 1, 2012
  • Definition of “Family Procedures”
  • Goal of the new rule
  • Procedure for court to follow
  • State Court Administration recommends maintaining separate case numbers when using Family Proceedings because. . . .
municipal ordinance violations bureau
Municipal Ordinance Violations Bureau
  • Who can have one of these?
  • Who runs it?
  • What ordinance violations can be admitted and paid here?
  • What happens to the funds? Is this court revenue? Do I assess court costs?
  • What if the violator wants to be heard in court?
  • What if the violator takes no action or admits to the violation but never pays?
  • Is an admission a judgment?
  • What if the violation ends up in court? Are court costs assessed? What case type should be used? Is it court revenue?
trial rule 77 a court records
Trial Rule 77(A) Court Records
  • Requires four sets of judicial records to be maintained by the clerk:
    • CCS
    • RJO
    • Indexes of all court actions and proceedings
    • The case file
trial rule 77 a required court records
Trial Rule 77(A) Required Court Records
  • The clerk must keep other records (in addition to the four required by T.R. 77) such as the Judgment Docket however these other records are not judicial records and therefore are not governed by T.R. 77.
trial rule 77 b the c c s
Trial Rule 77(B) The C.C.S.
  • A sequential record of all “judicial events” in a proceeding.
  • What is a “judicial event”?

A judicial event is an action on the part of a litigant, his/her attorney, or the court.

trial rule 77 b the c c s1
Trial Rule 77(B) The C.C.S.
  • The clerk must accurately record each judicial event as it occurs and enter it on the CCS as of the date of the action.
trial rule 77 b the c c s2
Trial Rule 77(B) The C.C.S.
  • What do I do if the court issues an order on Friday June 4th but the order doesn’t arrive in the clerk’s office until the following Tuesday June 8th. Can I backdate the entry?
trial rule 77 b the c c s3
Trial Rule 77(B) The C.C.S.
  • Entries must never be backdated on the CCS.
  • Instead, the entry should read: Order signed by judge on June 4 and received in this office on June 8.
  • The date of a CCS entry should always be the date the entry is made regardless of the date on the document or date the activity occurred. The text of the entry should indicate the effective date of the document or activity.
trial rule 77 b the c c s4
Trial Rule 77(B) The C.C.S.
  • The CCS is also a record of:
    • All entries of orders, rulings and judgments in the record of judgments and orders,
    • All entries of judgments in the judgment docket, and
    • The file status under T.R. 77(G).
trial rule 77 b the c c s5
Trial Rule 77(B) The C.C.S.
  • Entries on the CCS should be brief but contain enough detail to be meaningful.
trial rule 77 b the c c s6
Trial Rule 77(B) The C.C.S.
  • It is not necessary to include all of the details of a particular action but a reader should have enough details to correctly understand the activity.
trial rule 77 b the c c s7
Trial Rule 77(B) The C.C.S.

What should I do if I make a mistake? Can I delete a CCS entry?

No. The proper way to correct a mistake is to do a corrective entry.

trial rule 77 c the case file1
Trial Rule 77(C) The Case File
  • Contains:
    • Copies of all orders, entries and judgments.
    • The originals of these documents must be kept in the record of judgments and orders.
trial rule 77 c the case file2
Trial Rule 77(C) The Case File
  • Contains:
    • Originals of all other documents related to the issues of the case such as
      • Pleadings, motions service of process, return of service, verdicts, executions, returns on executions, and approved, certified transcripts of testimony.
trial rule 77 c the case file3
Trial Rule 77(C) The Case File
  • Must contain an index tab:
    • Listing case number,
    • An abbreviated designation of the parties, and
    • Note the information required under T.R. 77(G).
trial rule 77 c the case file4
Trial Rule 77(C) The Case File
  • May contain:
    • Documents entered into evidence such as depositions IF the court does not maintain a separate evidence file.
trial rule 77 c the case file5
Trial Rule 77(C) The Case File
  • Does not need to contain:
    • Documents not related to the issues of the case UNLESS they are needed to detail the filing chronology.
    • These unnecessary document include transmittal letters, envelopes, instructions, and other extrinsic materials.
trial rule 77 d the record of judgments and orders1
Trial Rule 77(D) The Record of Judgments and Orders
  • The RJO is a daily, verbatim, compilation of all judgments of the court, designated orders of the court, orders and opinions of an appellate tribunal relating to the case, local court rules in T.R. 81 etc.
trial rule 77 d the record of judgments and orders3
Trial Rule 77(D) The Record of Judgments and Orders
  • An order that reflects some substantive content such as a judicial action or opinion that contributes to the resolution of the case plus
  • Any order the judge instructs you to place in the RJO.
trial rule 77 d the record of judgments and orders5
Trial Rule 77(D) The Record of Judgments and Orders
  • Procedural orders, such as orders granting a continuance.
  • These should not be placed in the RJO.
trial rule 77 d the record of judgments and orders6
Trial Rule 77(D) The Record of Judgments and Orders
  • What do I do with confidential materials?
trial rule 77 d the record of judgments and orders7
Trial Rule 77(D) The Record of Judgments and orders
  • Unless the RJO is maintained electronically, a separate RJO for confidential materials must be maintained.
trial rule 77 e indexes1
Trial Rule 77(E) Indexes
  • The clerk must maintain an index of all actions and proceedings in the circuit, superior, probate, and municipal courts in the county.
  • The index can be maintained in an electronic format.
trial rule 77 f through k the rest of the rule1
Trial Rule 77(F) through (K) The Rest of the Rule
  • Covers filing documents
  • Case file status (pending or decided)
  • Keeping statistics
  • Replacing lost papers
  • Method of record keeping
  • Electronic posting of court records
trial rule 77 f through k the rest of the rule2
Trial Rule 77(F) through (K) The Rest of the Rule
  • See the Trial Rule 77 Quick Guide or contact STAD with questions.
new legislation ic 34 28 5 15
NEW LEGISLATION IC 34-28-5-15

Automatic Proceedings to Restrict Disclosure when a person is not convicted or the action is vacated for an Infraction.

effective July 1, 2012

ic 34 28 5 15 if individual charged with if
IC 34-28-5-15If individual charged with IF
  • Is not prosecuted or charges dismissed
  • Is adjudged not to have committed the IF, or
  • Is adjudged to have committed the IF but the adjudication is vacated
new legislation ic 34 28 5 15 cont
NEW LEGISLATIONIC 34-28-5-15 cont.

The judge must order the clerk not to disclose or permit disclosure of information related to the infraction to a noncriminal justice organization or an individual.

ic 34 28 5 15 cont
IC 34-28-5-15 cont.
  • If the judge fails to make this order the individual may petition the court to do so
  • Time limits for this petition
  • File the petition under the original IF case but if there is no IF case then open an MC case. No filing fees.
  • Petition must be served on the prosecuting attorney
slide50
New LegislationIC 34-28-5-16

Proceedings to Restrict Access to Infraction Records After Five Yearseffective July 1, 2012

new legislation ic 34 28 5 16
NEW LEGISLATIONIC 34-28-5-16

Five years after the date a person satisfies an infraction judgment, the clerk must prohibit disclosure of the infraction to a noncriminal justice organization or an individual.

new legislation ic 34 28 5 16 cont
NEW LEGISLATION IC 34-28-5-16 cont.
  • The Division interprets this law to be prospective in nature so clerks must start prohibiting disclosure of IF cases that are satisfied on July 1, 2017.
slide53
New LegislationIC 35-50-2-7(c)

Conversion of Class D Felony to Class A Misdemeanor

effective July 1, 2012

new legislation ic 35 50 2 7 c
NEW LEGISLATION IC 35-50-2-7(c)
  • After receiving verified petition and holding a hearing a sentencing court may convert a FD to a Class A misdemeanor under certain conditions.
ic 35 50 2 7 c conditions
IC 35-50-2-7(c) conditions
  • Person not a sex or violent offender
  • Not convicted of a FD that resulted in bodily injury to another person
  • Not convicted of perjury or official misconduct
  • At least three years have passed since completion/full satisfaction of person’s sentence
  • No felony conviction since person completed the sentence /fully satisfied the sentence
  • No criminal charge pending against the person
new legislation ic 35 50 2 7 c cont
NEW LEGISLATIONIC 35-50-2-7(c) cont.
  • Petition filed in original criminal case
  • No filing fees
slide57
New LegislationIC 35-50-2-7(e)

Conversion of Class D Felony to Class A Misdemeanor

effective July 1, 2012

new legislation ic 35 50 2 7 e
NEW LEGISLATION IC 35-50-2-7(e)
  • If the conversion from the FD to class A misdemeanor is granted and the person is convicted of another felony within five years, the prosecuting attorney may petition the court to convert the class A misdemeanor back to the FD.
contact information
Jeff Wiese, Staff Attorney

email: [email protected]

Angie James, Court Analyst

email: [email protected]

Phone: 317-232-2542

Contact information
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