Indiana Supreme Court
|Indiana Supreme Court|
|Method:||Comm. select., Gov. appt.|
- 1 Court
- 1.1 Justices
- 1.2 Judicial selection
- 1.3 Jurisdiction
- 1.4 Caseloads
- 1.5 Rules of practice
- 1.6 Appealing a case to the supreme court
- 1.7 Ethics
- 1.8 Notable decisions
- 1.9 Ethics
- 1.10 History of the court
- 1.11 See also
- 1.12 External links
- 1.13 References
- 2 Elections
The Indiana Supreme Court is the state's highest court. The court is governed by Article 7 of the Indiana Constitution and is the highest judicial body within the state. Most cases in the state are resolved in the trial courts. Only one percent of the cases heard in the state will go on to be appealed to the state supreme court. The supreme court was established in 1816 when Indiana first became a state. The court is located in the north wing of the Indiana State House building, in Indianapolis and operates year-round. However, there are no time requirements regarding when decisions will be issued or cases must be resolved by the court.
Although the state's supreme court currently has one chief justice and four associate justices, the state constitution allows the Indiana General Assembly to increase the number of associate justices to a maximum of eight, not including the chief justice.The current justices of the court are:
|Chief justice Brent Dickson||1986-2018||Gov. Robert Orr|
|Justice Robert Rucker||1999-2022||Gov. Frank O'Bannon|
|Justice Steven David||2010-2022||Gov. Mitch Daniels|
|Justice Loretta H. Rush||2012-2014||Gov. Mitch Daniels|
|Justice Mark S. Massa||2012-2014||Gov. Mitch Daniels|
Indiana Supreme Court justices are chosen using a Missouri Plan or merit selection system. A list of three nominees is submitted by the Indiana Judicial Nominating Commission to the governor. If the governor fails to choose a new justice within 60 days, the chief justice or the acting chief justice must do so. The appointed justice serves for two years before running for retention in the next general election.
To be eligible to serve on the supreme court, a candidate must have practiced law in Indiana for at least 10 years or have served at least five years as a trial court judge. Individuals recommended to the governor for appointment, by the judicial nominating commission, must be the "most highly qualified candidates", under Public Law 427 of 1971. Considerations include a candidate's legal education, legal writings, reputation in the legal community, physical health, financial interests and public service contributions. The mandatory retirement age for justices on the supreme court and all other courts in Indiana is 75.
The same judicial nominating commission also selects who will serve as the chief justice on the court. Once selected, the chief serves for a term of five years. The chief justice may be selected to serve additional terms. When the position of chief justice becomes vacant, the most senior member of the court serves as the acting chief justice, until a new chief justice is appointed.
The chief justice is responsible for hiring administrators to help run the court. The chief provides regular updates throughout the year in a report known as the "State of the Judiciary".
Newly appointed justices on the court must run in a retention election after serving for 2 years in office. Thereafter, they must run for retention every 10 years, in the year their terms are set to expire.
The supreme court also has mandatory jurisdiction over the following types of cases:
The court has original, exclusive jurisdiction over the following:
In October 2012, political science professors Adam Bonica and Michael Woodruff of Stanford University attempted to determine the partisan outlook of state supreme court justices in their paper, State Supreme Court Ideology and 'New Style' Judicial Campaigns. A score above 0 indicated a more conservative leaning ideology while scores below 0 were more liberal. The state Supreme Court of Indiana was given a Campaign finance score (CFscore) which was calculated for judges in October 2012. At that time, Indiana received a score of 0.01. Based on the justices selected, Indiana was the 24th most conservative court. The study is based on data from campaign contributions by judges themselves, the partisan leaning of contributors to the judges or, in the absence of elections, the ideology of the appointing body (governor or legislature). This study is not a definitive label of a justice but rather, an academic gauge of various factors.
Rules of practice
The supreme court created a committee on rules of practice and procedure to continuously study rules for court procedures contained in the Indiana Rules of Procedure. The committee makes recommendations and proposed amendments to create simpler court procedures, make decisions in cases and avoid unnecessary delays and costs. A link to the state's rules of appellate procedure is available here. A link to the most recently updated rules of procedure for appeals can be found on this page. A link to the rules of evidence for the state is also available.
Appealing a case to the supreme court
An appeal is handled differently from a regular case. Generally the appellate court does not hear testimony from witnesses. Most cases are argued by attorneys for the parties in written briefs which are submitted to the supreme court. An oral argument is sometimes set and provides the chance for the court's justices to ask the attorneys for the parties questions about the briefs.
Arguments heard before the court may be viewed online via live webcast. A list of upcoming arguments for the week ahead is also available. A live video feed is made available two minutes before the argument begins. Videos are archived two hours after they are set to start.
Supreme court law library
The supreme court assumed responsibility for the law library in 1867 from the state legislature. Members of the public can access the supreme court's law library for free, in-person or through the online catalog. The library contains over 70,000 volumes and also holds publications created under grants from the State Justice Institute.
The supreme court's collection contains some interesting items, such as:
- The oldest book in the library, 1565 book summarizing the law of England.
- An 1850's edition of Indiana statutes, published in German. ( At the time, 13% of the residents of Indianapolis were German.)
- The library also has constitutions, statutes, laws and acts for several Native American tribes including the Cherokee, Creek, Choctaw, Chickasaw, Osage Nation and the Indian Territory.
The law library is located at:
State House, Room 316 200 W. Washington Street Indianapolis, IN 46204
A complete reference which discusses the state's code of judicial conduct in more detail can be found in the Connecticut Practice Guide, which is available online. There are four essential canons of judicial conduct which apply to judges serving on the supreme court and all other state judges in Connecticut.
Canon 1: A judge shall uphold and promote the independence, integrity and impartiality of the judiciary , and shall avoid impropriety and the appearance of impropriety.
Canon 2: A judge shall perform the duties of judicial office impartially, competently and diligently.
Canon 3: A judge shall conduct the judge's personal and extrajudicial activities to minimize the risk of conflict with the obligations of judicial office.
Canon 4: A judge shall not engage in political or campaign activity that is inconsistent with the independence, integrity, or impartiality of the judiciary.
Removal of justices
There are three ways a supreme court justice, or other judge in the state, may be removed from office:
- On the recommendation of the Indiana Judicial Nominating Commission, the supreme court may discipline, suspend, retire or remove a judge.
- A judge may be impeached by the house of representatives and convicted by the senate.
- A judge may be removed by a joint resolution of the general assembly, upon the agreement of two-thirds of the members of each house."
Select opinions and summaries, highlighting important decisions affecting the law in the state can be accessed through Case Clips. Decisions and opinions date back to January 2009. The decisions are selected by the Indiana Judicial Center, an agency offering educational opportunities, publications and providing research assistance to judges and court employees.
| • State v. Laselle||Click for summary→|
|When Indiana was a territory, slavery was legal until 1787. At that time, the Northwest Ordinance banned the expansion of slavery in the Northwest Territory of the United States. However, any people who were slaves before the ordinance was enacted could continue to be held as such. When Indiana was granted statehood in 1816, slavery was banned completely. Although there continued to be some confusion in the courts as to whether any people who were held as slaves before the laws changed could continue to be kept as such. Lower courts in the states denied freedom or approved it for slaves on a case-by-case basis. In 1819, two abolitionists brought this case to test the laws regarding slavery for those slaves who had been held before 1816. The plaintiff, Polly, had been a slave before Indiana became a state. The lower court ruled Polly should remain a slave. The case was appealed to the state supreme court, where attorneys representing Polly argued that the state's constitution should take precedence over any other laws. The court held that slavery was "entirely prohibited within the State of Indiana," according to the state constitution. As a result, all slaves in the state were freed, including those who had been slaves before Indiana joined the United States.|
Supreme Court historical case database
The Indiana Supreme Court, in partnership with the Indiana State Archives, developed a new database of cases which begins with the court's first session in 1817. The database will eventually also include decisions made by the court before Indiana became a state. The historic cases involve freedom suits, Native American land claims, railroads, numerous criminal appeals and other types of legal matters.
Information for the database was taken from an old index card system. Phase I of the project included cases dating to around 1872. Phase II will include cases dated through 1883. The case files include records documenting many historical aspects of life in Indiana. Exhibits filed with the case records include: unique architectural drawings, hand-drawn maps, photographs and artifacts from criminal cases.
In December 2013, the Center for Public Integrity released a study on disclosure requirements for state supreme court judges. Analysts from the Center reviewed the rules governing financial disclosure in each of the 50 states and the District of Columbia, as well as personal financial disclosures for the past three years. The study found that 42 states and Washington D.C. received failing grades. Indiana earned a grade of F in the study. No state received a grade higher than "C". Furthermore, due in part to these lax disclosure standards, the study found 35 instances of questionable gifts, investments overlapping with caseloads and similar potential ethical quandaries. The study also noted 14 cases in which justices participated although they or their spouses held stock in the company involved in the litigation.
History of the court
- 1970: Voters approved an amendment to the state's constitution which almost completely revised the section of the 1851 constitution with regard to the courts. Per the amendment, judges on the supreme court and court of appeals were no longer elected. Instead the governor, would make appointments to the courts based upon the recommendations of a judicial nominating committee. The governor would also be responsible for appointment of supreme court justices again. The amendment also included the current rules on retention elections for judges. The amendment also specified that judges serving on the supreme court and appellate court should be called justices instead of judges.
- 1925: The state government was moved to Indianapolis and the state supreme court was housed in the Indiana State House.
- 1891: To reduce the caseload of the state supreme court, the general assembly created an appellate court. However, the appellate court's jurisdiction was limited to appeals on "certain minor classes of cases."
- 1851: The state adopted a new constitution in 1851 and responsibility for selecting Supreme Court judges was shifted from the governor to voters. Judges serving on the supreme court were chosen in elections and served six-year terms. The number of judges sitting on the court also increased from three to five.
- 1817: The first supreme court convened at Corydon, located in southern Indiana near the Ohio River, with three judges, who were appointed by the governor. The court's first session was held on May 5, and the court's first judges were appointed to seven-year terms.
- 1816: Prior to becoming a state, Indiana was part of the Indiana Territory (along with Illinois and Ohio). The first court in the Indiana Territory was the general court, with three judges who were appointed by the governor of the Indiana Territory. These judges, along with the governor, created the territory's laws. When Indiana became a state in 1816, the supreme court was created from the Indiana Territory General Court.
- Isaac N. Blackford was the longest serving justice on the court. He served from September 10, 1817 until January 3, 1853.
- William H. Coombs served the shortest term on the bench. His 30-day term lasted from December 2, 1882 through January 1, 1883.
- Justice Myra Consetta Selby was the first woman, as well as the first African-American, to serve on the court. She served from January 4th, 1995 to October 7th, 1999. He served on the court for a total of 12,899 days.
Former justicesBetween the time the court was established in 1816 and 2014, the court has had 108 justices.
|All former justices of the Indiana Supreme Court:||click for list →|
|Theodore R. Boehm||1996-2010|
|Myra C. Selby||1995-1999|
|Frank Sullivan, Jr.||1993-2012|
|Jon D. Krahulik||1990-1993|
|Randall T. Shepard||1985-2012|
|Alfred J. Pivarnik||1977-1990|
|Dixon W. Prentice||1971-1986|
|Richard M. Givan||1969-1994|
|Robert O. DeBruler||1968-1996|
|Donald H. Hunter||1967-1985|
|David M. Lewis||1967-1969|
|Donal R. Mote||1967-1968|
|Frederick E. Rakestraw||1966-1967|
|Walter Myers, Jr.||1963-1967|
|Amos W. Jackson||1959-1971|
|Norman F. Arterburn||1955-1977|
|Frederick Landis, Jr.||1955-1965|
|Geogre W. Henley||March 1955-May 1955|
|Isadore E. Levine||January 1955-May 1955|
|Harold E. Achor||1955-1966|
|Dan C. Flanagan||1953-1954|
|Floyd S. Draper||1951-1955|
|Arch N. Bobbitt||1951-1963|
|Paul G. Jasper||1949-1953|
|James A. Emmert||1947-1959|
|Frank E. Gilkison||1945-1955|
|Howard S. Young, Sr.||1945-1951|
|Mart J. O'Malley||1943-1949|
|Frank N. Richman||1941-1947|
|H. Nathan Swaim||1939-1945|
|Curtis G. Shake||1938-1945|
|George L. Tremain||1938-1945|
|James P. Hughes||1933-1939|
|Michael L. Fansler||1933-1945|
|Walter E. Treanor||1931-1938|
|Curis W. Roll||1931-1943|
|Clarence R. Martin||1927-1933|
|Willard B. Gemmill||1925-1931|
|Fred C. Gause||1923-1925|
|Julius C. Travis||1921-1933|
|Louis B. Ewbank||1920-1927|
|Benjamin M. Willoughby||1919-1931|
|Howard L. Townsend||1917-1923|
|Lawson M. Harvey||1917-1920|
|David A. Myers||1917-1934|
|Moses B. Lairy||1915-1921|
|Richard K. Erwin||1913-1917|
|Charles E. Cox||1911-1917|
|Douglas J. Morris||1911-1917|
|John W. Spencer||1912-1918|
|Quincy A. Myers||1909-1915|
|Oscar H. Montgomery||1905-1911|
|John H. Gillett||1902-1909|
|Francis E. Baker||1899-1902|
|John V. Hadley||1899-1911|
|Leander J. Monks||1895-1913|
|James H. Jordan||1895-1912|
|Joseph S. Dailey||1893-1895|
|Timothy E. Howard||1893-1899|
|Leonard J. Hackney||1893-1899|
|John D. Miller||1891-1893|
|Robert W. McBride||1890-1893|
|John G. Berkshire||1889-1891|
|Silas D. Coffey||1889-1895|
|Joseph A.S. Mitchell||1885-1890|
|Edwin P. Hammond||1883-1885|
|William H. Coombs||December 1882-January 1883|
|William A. Woods||1881-1883|
|Byron K. Elliott||1881-1893|
|John T. Scott||1879-1881|
|George V. Howk||1877-1889|
|William E. Niblack||1877-1889|
|Horace P. Biddle||1875-1881|
|Andrew L. Osborn||1872-1875|
|Samuel H. Buskirk||1871-1877|
|Alexander C. Downey||1871-1877|
|Robert C. Gregory||1865-1871|
|Charles A. Ray||1865-1871|
|Jehu T. Elliott||1865-1871|
|James S. Frazer||1865-1871|
|James L. Worden||1871-1882|
|James M. Hanna||1857-1865|
|Samuel B. Gookins||1855-1857|
|Alvin P. Hovey||1854-1855|
|William Z. Stuart||1853-1858|
|Addison L. Roache||January 1853-May 1854|
|Thomas L. Smith||1847-1853|
|Samuel E. Perkins||1877-1879|
|Samuel E. Perkins||1846-1865|
|John T. McKinney||1831-1837|
|Stephen C. Stevens||1831-1836|
|Isaac N. Blackford||1817-1853|
|Jesse L. Holman||1816-1830|
- Indiana.gov, "Indiana Supreme Court Official Site," accessed May 21, 2013
- Indiana Courts YouTube Channel, accessed June 8, 2014
- Indianapolis Star, "Hamilton Co. judge among 3 finalists for state Supreme Court vacancy," August 8, 2012
- Press Release "Supreme Court Extends Public Comment Period on Rules Regarding Temporary Admission of Certain Attorneys" April 8, 2011
- History and Origin of the Indiana Supreme Court
- Pro Se Guide to Appellate Procedure
- Pro Se Guide to Tax Court Procedure
- Indiana Rules of Court (Current as of 4/2/2008)
- Indiana Local Rules: Local Rules Standards
- Small Claims Manual (Current as of July 2005)
- Includes a $5.5k "subsistence" fee
- Includes a $3k "subsistence" fee
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- Indiana Judicial Branch, "Appellate Courts: Indiana Supreme Court," accessed June 8, 2014
- Indiana Judicial Branch, "Indiana Supreme Court, Today's Supreme Court," accessed April 3, 2014
- www.judicialselection.us, "Methods of Judicial Selection: Indiana," June 7, 2014
- The Indiana Courts, "Indiana Supreme Court: Annual Report 2011-2012"
- The Indiana Courts, "Indiana Supreme Court: Annual Report 2010-2011"
- The Indiana Courts, "Indiana Supreme Court: Annual Report 2009-2010"
- The Indiana Courts, "Indiana Supreme Court: Annual Report 2008-2009"
- The Indiana Courts, "Indiana Supreme Court: Annual Report 2007-2008"
- The Indiana Courts, "Indiana Supreme Court: Annual Report 2006-2007"
- The Indiana Courts, "Indiana Supreme Court: Annual Report 2005-2006"
- The Indiana Courts, "Indiana Supreme Court: Annual Report 2004-2005"
- The Indiana Courts, "Indiana Supreme Court: Annual Report 2003-2004"
- The Indiana Courts, "Indiana Supreme Court: Annual Report 2002-2003"
- Stanford University, "State Supreme Court Ideology and 'New Style' Judicial Campaigns," October 31, 2012
- Indiana Judicial Branch, "Committee on Rules of Practice and Procedure," accessed June 7, 2014
- Indiana Rules of Court, Rules of Evidence," accessed June 7, 2014
- Indiana Judicial Branch, "Oral Arguments Online," accessed June 8, 2014
- American Judicature Society, "Methods of Selection: Removal of Judges," accessed April 3, 2014
- Judicial Branch of Indiana, "Case Clips," accessed June 8, 2014
- Indiana Commission on Public Records, "State Supreme Court Cases," accessed June 10, 2014
- Center for Public Integrity, "State supreme court judges reveal scant financial information," December 5, 2013
- Indiana Judicial Branch, "Indiana Supreme Court, History and Origins," accessed April 3, 2014
- Indiana Judicial Branch, "Supreme Court Justices," accessed June 9, 2014
- Indiana Judicial Branch, "Indiana Supreme Court, Justice Biographies: Myra Consetta Selby," accessed April 3, 2014
Randall Shepard • Theodore Boehm • Frank Sullivan, Jr. • William Allen Woods • Francis Elisha Baker • Walter Treanor • Hardress Swaim •