Testing

TRIAL COURT EMPLOYEE CONFERENCEJULY 17, 2012STATISTICAL REPORTS CHRONOLOGICAL CASE SUMMARIES NEW LEGISLATION

Jeff Wiese, Staff AttorneyAngie James, Court AnalystLilia Judson, Executive Director1STATISTICAL REPORTS

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.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. Im not sure if this is even possible, but sure would be nice! Thank you!

JTAC folks here today for Abstract of Judgment presentation.4

Statistical reports

changes

www.courts.in.govAll application guides have been updated in 2012. 6REVENUE 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.

Judicial salaries are also increasing in fiscal year 2012-2013 so on July 1, 2012 this fee will increase from $14 to $15 for small claims cases and from $19 to $20 for all other case types. I.C. 33-37-5-26

Line 17: Pro Bono Legal Services Fee Effective July 1, 2012 but before July 1, 2017 this $1 fee is assessed in each civil action, small claims action and probate action that requires payment of filing fees/costs. Semiannually the clerk distributes this fee to the state auditor for transfer to the Indiana Bar Foundation to be used by the foundation to assist or establish approved pro bono legal services programs. I.C. 33-37-4-6(b)(8); 33-37-4-6(b)(12); 33-37-4-7(b)(8); 33-37-5-31, 33-37-7-2(n); 33-37-7-8(j).

Special Instructions for Marion County ONLY: Beginning 1/1/2011, Marion County courts must deposit infraction judgment collections for traffic violations in a dedicated county fund.

This non-reverting fund is used to pay for county commissioners appointed under I.C. 33-33-49 and for Marion Countys guardian ad litem program. See I.C. 34-28-5-4(h) and I.C. 34-28-5-5(e). Marion County should report its infraction judgment collections for traffic violations in the county level column of Line 48 Other. Marion County should continue to report all other infraction judgment collections that are not reported on other lines of the revenue report in the state level column of Line 4.

7

If you have Odyssey, this may not report the same as ICOR has the ability to make changes a little faster.

8

AUTHORIZED FEESREMINDER:

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.Lilly, do you want to add anything else here about fees?9

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.

QCSR REPORTOne other change very minor is that the IF and OV now have a Civil Violations heading above them on the matrix. Same place in order on the QCSR, just stands out that they are not really criminal case types.

Our instructions now include Trial Rule 81.1 the family procedures for combining cases and an explanation of the Municipal Ordinance Violation Bureau. Appendix A and B in your handout.10Trial Rule 81.1 Consolidation of cases involving family or household membersEffective January 1, 2012Definition of Family ProceduresGoal of the new ruleProcedure for court to followState Court Administration recommends maintaining separate case numbers when using Family Proceedings because. . . .Effective January 1, 2012, under certain conditions, a court using Family Procedures (defined as coordination of proceedings and processes and information sharing among cases in a court or courts involving family or household members) for a case may exercise jurisdiction over other cases involving the same family or a household (as defined). This new rule provides that cases to which Family Procedures are being applied can retain their separate case numbers OR be combined under one case number if multiple cases are being heard before one judge. When Family Procedures are used, cases originating in other courts may be pulled into the court using Family Procedures. If this occurs, the court in which this case originated should close the case using Line S Transferred out if it is in the same county as the court using Family Procedures or Line T Venued out if it is in a different county from the court using Family Procedures. The court that decides to use Family Procedures must enter an order notifying all of the parties in all of the cases that the court intends to use the Family Procedures and then, within 30 days, must provide each party a list of all of the cases that have been selected to be heard using Family Procedures. The court can set concurrent hearings on some issues and rule on the admissibility of evidence for each separate case. The recommended best practice is for courts to maintain the separate case numbers for the cases pulled into Family Procedures.

11Municipal 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?This category involves local ordinance violations. Administrative Rule 1(B)(4) was amended, effective January 1, 2011, to prohibit ordinance violations from being included as counts in a criminal case. Crimes and infractions are brought in the name of the state and are prosecuted by the prosecuting attorney; ordinance violations are brought in the name of the municipal corporation. For the purposes of this report, all ordinance violations filed with the court should be reported in this category. If an ordinance violation must be enforced through court proceedings, it is given an OV case type. If the defendant is found to have violated the ordinance, the violator will be assessed the filing fee. Moving traffic violations must be enforced through a court proceeding, according to I.C. 34-28-5-1 et. seq. and are given an OV case type. As with criminal cases and infractions, multiple offenses (i.e. multiple tickets or citations issued to the same individual or arising from the same circumstances), result in only one case filing, even if the various ordinance offenses differ in severity or in sanction. A municipal corporation may enforce some ordinance violations without proceeding in court if the municipalitys legislative body has designated a schedule of the ordinances that can be enforced through a municipal ordinance violations clerk. Cases disposed by a municipal ordinance violation bureau or violations clerk should not be reported on the QCSR because these cases do not enter the court system. Previous versions of the QCSR manual instructed courts to use the OE (Exempt Ordinance) case type when a defendant chose to exercise the right to trial for an OV case that could have been paid at the municipal ordinance violations bureau however since a court does not treat this type of violations case differently from any other OV case, there is no need to use the OE case type. The OE case type still exists however there are no current situations in which it should be used. Brief Summary of Municipal Ordinance Violations Bureaus A municipal corporation may enforce some ordinance violations without a court proceeding using a municipal ordinance violations bureau. There are three ways a municipal corporation may establish a municipal ordinance violations bureau: - Local ordinance or code. See IC 33-36-2-1. - Default (by statute the clerk or clerk treasurer of the municipal corporation is designated the violations clerk). See IC 33-36-2-2. - Interlocal agreement. See IC 33-36-1-7 and IC 33-36-2-4. The legislative body of the municipal corporation must designate, by ordinance or code, a schedule of ordinance/code provisions of the municipal corporation that may be admitted and paid to the violations clerk. This schedule must indicate the exact amount of civil penalty to be assessed to the violator who elects to admit a violation not a range of possible penalties. A range of possible penalties indicates a judge must decide the amount of the penalty to assess. If no schedule exists, or if the schedule only gives a range of penalties for a violation, the ordinance violation must be heard in court as a regular OV case. See IC 33-36-3-1(a). The municipal ordinance violations bureau is run by a violations clerk appointed by the legislative body of the municipal corporation or, if no violations clerk has been appointed, the clerk or clerk treasurer is designated the violations clerk. See IC 33-36-2-1 and IC 33-36-2-2. Ordinances defining moving traffic violations may not be paid to the violations clerk for the Municipal Ordinance Violations Bureau. See IC 36-1-6-3(c). The violations clerk for the Traffic Violations Bureau may be allowed to take payment on moving traffic violations. See the explanation of Traffic Violations Bureaus on Line M. The violations clerk for the Municipal Ordinance Violations Bureau may also be the violations clerk for the Traffic Violations Bureau, so there is the potential for confusion. The violations clerk can only accept payments of civil penalties of $250 or less. If the penalty exceeds $250, the violations clerk cannot accept it and the ordinance violation must be heard in court as a regular OV case. See IC 33-36-2-3. The violations clerk may accept payment if the person charged with the offense is willing to waive the right to trial, admit to the violation and pay the stated penalty. See IC 33-36-3-2 and IC 33-36-3-1(b). This admission is not a judgment and ordinance violation court costs (currently $70) are not assessed. See IC 33-36-3-6(a). The civil penalties collected are not court revenue and should not be reported on the courts Annual Revenue Report since the ordinance violation did not go through the court. Instead, the civil penalties must be accounted for by the violations clerk and paid to the municipal corporation as provided by law (unless there is an interlocal agreement) under procedures provided for by the state board of accounts. See IC 33-36-3-1(b); IC 33-36-2-4; and IC 33-36-3-7(b). If the person wants to challenge the offense, admits to the offense but fails to pay the penalty, or fails to take any action, the clerk must report this action to the official having responsibility to prosecute ordinance violation cases for the municipal corporation. It is up to this official to initiate court proceedings on this ordinance violation in these situations, not the clerk. See IC 33-36-3-3 and IC 33-36-3-5. If an ordinance violation charge ends up in court, the case should be opened as an OV and regular ordinance violations court costs (currently $70) must be assessed unless the defendant was tried and the court entered judgment for the defendant for the violation. See IC 33-37-4-2(d). 12Trial Rule 77

13Trial Rule 77(A) court records

Trial Rule 77(A) Court RecordsRequires four sets of judicial records to be maintained by the clerk:CCSRJOIndexes of all court actions and proceedingsThe case file

Trial Rule 77(A) Required Court RecordsThe 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) Chronological Case Summary (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.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.S.What do I do if the court issues an order on Friday June 4th but the order doesnt arrive in the clerks office until the following Tuesday June 8th. Can I backdate the entry?

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.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, andThe file status under T.R. 77(G).

22Trial 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.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.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.25Trial Rule 77(C) The Case File

Trial Rule 77(C) The Case FileContains: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 FileContains:Originals of all other documents related to the issues of the case such asPleadings, motions service of process, return of service, verdicts, executions, returns on executions, and approved, certified transcripts of testimony.

Trial Rule 77(C) The Case FileMust contain an index tab:Listing case number, An abbreviated designation of the parties, andNote the information required under T.R. 77(G).

Trial Rule 77(C) The Case FileMay contain:Documents entered into evidence such as depositions IF the court does not maintain a separate evidence file.

Trial Rule 77(C) The Case FileDoes 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 Orders

Trial Rule 77(D) The Record of Judgments and OrdersThe 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 OrdersWhat is a designated order?

Trial Rule 77(D) The Record of Judgments and OrdersAn order that reflects some substantive content such as a judicial action or opinion that contributes to the resolution of the case plusAny order the judge instructs you to place in the RJO.

Trial Rule 77(D) The Record of Judgments and OrdersWhat is not a designated order?

Trial Rule 77(D) The Record of Judgments and OrdersProcedural orders, such as orders granting a continuance. These should not be placed in the RJO.

Trial Rule 77(D) The Record of Judgments and OrdersWhat do I do with confidential materials?

Trial Rule 77(D) The Record of Judgments and ordersUnless the RJO is maintained electronically, a separate RJO for confidential materials must be maintained.

Trial Rule 77(E) Indexes

Trial Rule 77(E) IndexesThe 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 Rule

Trial Rule 77(F) through (K) The Rest of the RuleCovers filing documentsCase file status (pending or decided)Keeping statisticsReplacing lost papersMethod of record keepingElectronic posting of court records

Trial Rule 77(F) through (K) The Rest of the RuleSee the Trial Rule 77 Quick Guide or contact STAD with questions.

New Legislation

effective July 1, 2012

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

New Legislation IC 34-28-5-1546IC 34-28-5-15If individual charged with IFIs not prosecuted or charges dismissedIs adjudged not to have committed the IF, orIs adjudged to have committed the IF but the adjudication is vacated

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.If the judge fails to make this order the individual may petition the court to do soTime limits for this petitionFile 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

Proceedings to Restrict Access to Infraction Records After Five Years

effective July 1, 2012

New LegislationIC 34-28-5-16New LegislationIC 34-28-5-1650Five 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 LEGISLATIONIC 34-28-5-16

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.

52

Conversion of Class D Felony to Class A Misdemeanor

effective July 1, 2012

New LegislationIC 35-50-2-7(c)

53NEW 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)

54IC 35-50-2-7(c) conditionsPerson not a sex or violent offenderNot convicted of a FD that resulted in bodily injury to another personNot convicted of perjury or official misconductAt least three years have passed since completion/full satisfaction of persons sentenceNo felony conviction since person completed the sentence /fully satisfied the sentenceNo criminal charge pending against the person

NEW LEGISLATIONIC 35-50-2-7(c) cont.Petition filed in original criminal caseNo filing fees

Conversion of Class D Felony to Class A Misdemeanor

effective July 1, 2012

New LegislationIC 35-50-2-7(e)

57NEW 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 Attorneyemail: jeffrey.wiese@courts.in.gov

Angie James, Court Analystemail: angela.james@courts.in.gov

Phone: 317-232-2542

59