Indiana Supreme Court

From Judgepedia
Revision as of 11:33, 27 December 2013 by Matticus (Talk | contribs)

Jump to: navigation, search


The Indiana Supreme Court was established in 1816 when Indiana became a state. The court is located at Indianapolis within the north wing of the Indiana State House building.

[edit]

Indiana Supreme Court
200pxSSCBadgeforVNT.png
Court information
Justices:   5
Founded:   1816
Location:   Indianapolis, Indiana
Salary
Chief:  $ 162,500[1]
Associates:  $ 160,000[2]
Judicial selection
Method:   Comm. select., Gov. appt.
Term:   10 years
Active justices


Brent Dickson  •  Robert Rucker  •  Steven David  •  Loretta H. Rush  •  Mark S. Massa  •  

Seal of Indiana.png

Justices

The court currently consists of one Chief Justice and four Associate Justices. The Indiana General Assembly has the prerogative under the state's constitution of increasing the number of Associate Justices to a maximum eight for a total of nine Justices.

The current justices of the court are:
JudgeTermSelected by
Chief justice Brent Dickson1986-2018Gov. Robert Orr
Justice Robert Rucker1999-2022Gov. Frank O'Bannon
Justice Steven David2010-2022Gov. Mitch Daniels
Justice Loretta H. Rush2012-2014Gov. Mitch Daniels
Justice Mark S. Massa2012-2014Gov. Mitch Daniels


Jurisdiction

The Indiana Supreme Court can review decisions of the Indiana Court of Appeals and the Indiana Tax Court. According to the Constitution of Indiana, "The Supreme Court shall exercise appellate jurisdiction under such terms and conditions as specified by rules except that appeals from a judgment imposing a sentence of death shall be taken directly to the Supreme Court. The Supreme Court shall have, in all appeals of criminal cases, the power to review all questions of law and to review and revise the sentence imposed."[3]

Judicial selection

Indiana Supreme Court justices are chosen using a Missouri Plan selection system. A list of three nominees is submitted by the Indiana Judicial Nominating Commission to the Governor. If the Governor fails to do 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 and then must go to general election in a retention election.

Political outlook

See also: Political outlook of State Supreme Court Justices

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.[4]

Qualifications

To be eligible to serve on the Supreme Court, a person must have practiced law in Indiana for at least 10 years or have served at least five years as a trial court judge. Candidates for appointment presented by the Judicial Nominating Commission must be the "most highly qualified candidates," under Public Law 427 of 1971. Considerations include the candidate's legal education, legal writings, reputation in the practice of law, physical condition, financial interests and activities in public service.[5]

Removal of justices

"Indiana judges may be removed in one of three ways:

  • On the recommendation of the Indiana Judicial Nominating Commission, the supreme court may discipline, suspend, retire, or remove a judge.
  • Judges may be impeached by the house of representatives and convicted by the senate.
  • Judges may be removed by joint resolution of the general assembly, upon the agreement of two thirds of the members of each house."[6]

Caseloads

Fiscal Year Filings Dispositions
2012 1,020 1,095
2011 1,095 1,037
2010 1,029 920
2009 1,140 1,163
2008 1,217 1,200
2007 1,065 1,096

[7][8][9][10][11][12][13][14][15][16]

Notable decisions

Ethics

Financial disclosure

See also: Center for Public Integrity Study on State Supreme Court Disclosure Requirements

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.[17]

History of the court

File:Indiana State Capitol.jpg
Indiana State Capitol, which contains the Indiana Supreme Court, in Indianapolis

It is governed by Article 7 of the Indiana Constitution and is the highest judicial body within Indiana. The first court convened at Corydon, Indiana on May 5, 1817 with three judges appointed by the Governor. These first judges were appointed to seven year terms. In 1925, the seat of government moved to Indianapolis. A new constitution was adopted in 1851, making the judges elected by the people, rather than appointed by the Governor, and provided that the number of justices would be "not less then three, nor more than five judges," and their terms were "for six years, if they so long behave well." In 1853, four districts with four Supreme Court justices began their terms. By 1872, the caseload had grown, and the General Assembly provided an increase in the number of judges to five. In 1891, the General Assembly created an Appellate Court to supplement the Supreme Court, which had jurisdiction limited to appeals on "certain minor classes of cases."[18]

Chief justices

Randall Shepard was the longest serving Chief Justice of the Indiana Supreme Court. He was appointed to the court by Governor Robert D. Orr in 1985 at the age of 38, becoming its ninety-ninth justice. He became its chief justice in March 1987 and served until March 2012. The Chief Justice is appointed for terms of five years and presides over the court. 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.[19]

Notable firsts

See also

External links

References

IndianaIndiana Supreme CourtIndiana Court of AppealsIndiana Superior CourtsIndiana Circuit CourtsIndiana Small Claims CourtsSt. Joseph County Probate Court, IndianaIndiana Tax CourtIndiana Municipal CourtsUnited States District Court for the Northern District of IndianaUnited States District Court for the Southern District of IndianaUnited States bankruptcy court, Northern District of IndianaUnited States bankruptcy court, Southern District of IndianaUnited States Court of Appeals for the Seventh CircuitIndiana countiesIndiana judicial newsIndiana judicial electionsJudicial selection in IndianaIndianaTemplate.jpg


2012

JudgeIncumbencyRetention voteRetention Vote %
RuckerRobert Rucker   ApprovedAYes 71.4%ApprovedA
DavidSteven David   ApprovedAYes 68.9%ApprovedA