The Supreme Court of Indiana is the state supreme court of Indiana. The court was established by Article Seven of the Indiana Constitution and is the highest judicial authority within Indiana. The court is located at Indianapolis within the north wing of the Indiana State House building.
Developed over the history of the state, the Supreme Court succeeded the General Court of the Indiana Territory as the high court of Indiana in 1816, hearing high profile cases like Polly v. Lasselle. Originally starting out as a three member panel, the court underwent judicial reform twice, leading to a majority of cases being delegated to lower courts, an enlarged five member panel, and the employment of a large staff to help with the court's caseload increases.
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Organization and Jurisdiction
In 2008, the court consisted of one Chief Justice and four Associate Justices, the constitutional minimum. The Indiana General Assembly may increase the number of Associate Justices to a maximum eight for a total of nine Justices. [1][2][3] The court is assisted in its administrative duties by a board of five commissioners. The commissioners are nominated by the Judicial Nominating Commission and appointed by the governor.[4] The courts offices and chambers are located in the north wing of the Indiana statehouse. The court also maintains a large legal library on the third floor that is open to the public.[5]
The Supreme Court has no original jurisdiction in most cases, this means that it can only hear cases that are appealed to the court after having been previously heard in lower courts. Most cases begin in local circuit courts where the the initial trial is held and a jury decides the outcome of the case. The circuit court decision can be appealed to the Indiana Court of Appeals or the Indian Tax Court, who can choose to hear the case or enforce the lower courts decision. The parties still disagree with the outcome of the case, they can appeal the decision to the Indiana Supreme Court. The Supreme Court can choose to hear the case and possibly overturn to the previous judgment, or the court can decline to accept the case and uphold the decision of the lower courts.[6][7]
The Supreme Court does has original and sole jurisdiction in certain specific areas including the practice of law, discipline or disbarment of Judges appointed to the lower state courts, and supervision over the exercise of jurisdiction by the other lower courts of the State. When the court accepts cases, they will review the documentation of the trials in the lower court and sometimes allow oral arguments before making a decision. In some cases the Justices will issue a decision without hearing arguments from either side, and base their decision solely on the evidence submitted in the lower courts. The court can order a new trial take place in the local court, overturn the decision or lower courts and enforce it's own decision, or uphold the decision of lower court.[6][7]
The Supreme Court oversees several committees that administer the the entire judicial branch of the state government. The Board of Law Examiners is chaired by a Justice of the court and is charged with setting standards for admission to the Indiana Bar Association, and testing applicants for qualifications to practice law in the state. A Justice also chairs the Disciplinary Commission, which is responsible for taking actions against members of the bar for misconduct, including revoking licenses to practice law. The Indiana Commission for Continuing Legal Education, which continually educates members of the Indiana Bar Association, reports directly to the Supreme Court. The Judicial Nominating and Qualification Commissions are chaired by the Chief Justices and is responsible for selecting candidates to fill court vacancies and recommend retirement for judges due to age or disability. The entire court takes part in the annual Judicial Conference of Indiana, attended by all the state's judges, who recommends improvements to the Supreme Court and the judiciary. The court is also responsible for implementing all laws passed by the General Assembly that affect the judiciary.[8] The Division of Supreme Court Administration is staffed by clerks who oversee the fiscal management of the courts, including payroll and expenses. The division is also responsible for maintaining the court's records and assists the court in all of its administrative functions.[9]
Terms and elections
Article Seven of the state constitution governs the term length of Supreme Court Justices.[10] When there is a vacancy on the court, a new justice is nominated using a variant of the Missouri Plan. First, a list of three qualified nominees is created by the Judicial Nominating Commission who then submit the list to the Governor. The Governor then picks the new Justice from the list. If the Governor fails to choose a replacement within sixty days, the Chief Justice or the acting Chief Justice must do so.[1][2][3] The Chief Justice is chosen by the Judicial Nomination Commission from among the sitting Associate Justices and serves a term of five years. 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 chosen by the Judicial Nominating Commission. The Chief Justice also serves as chairman of the Judicial Nominating Commission.[1][2][3]
Justices are appointed to a term of potentially ten years. Once a new Justice is chosen, he will serve for two years before being subjected to a retention election held during the first statewide after the Justice's first two years in office. The Justice is listed on the ballot with the option to be retained or to be rejected from the court. If retained the Justice may serve out the remainder of his ten year term. After a term is completed, a Justice must be reappointed by the same process used to appoint him originally in order to remain on the court.[2][3] A Justice can be impeached by a majority vote of both houses of the Indiana General Assembly for misconduct. It is mandatory for a Justice to retire at age seventy-five, even if their term is incomplete.[2]
Qualification
The eligibility requirements to be nominated as a justice of the Supreme Court are established in Article Seven of the Indiana Constitution.[10] The candidate must be a citizen of the United States and reside within the state of Indiana before being considered for the office. The candidate must also have been admitted to the practice of law in Indiana at least ten years prior to their candidacy, or must have served as a judge of a circuit, superior or criminal court of the State of Indiana for five years. The candidate cannot be under an indictment in any court in the United States with a crime punishable as a felony. The Judicial Nominating Commission must also ensure that they are the "most highly qualified public candidates" available.[2][11]
Current Justices
| Name | Term Start | Term Expires | Position |
|---|---|---|---|
| Randall Shepard | September 6, 1985 [12] | September 6, 2015 | Chief Justice |
| Brent Dickson | January 6, 1986[12] | January 6, 2016 | Associate Justice |
| Frank Sullivan, Jr. | November 1, 1993[12] | November 1, 2013 | Associate Justice |
| Theodore Boehm | August 8, 1996[12] | August 8, 2016 | Associate Justice |
| Robert Rucker | November 19, 1999[12] | November 19, 2009 | Associate Justice |
History
The Indiana Supreme Court was first established in 1816 when Indiana was granted statehood. The court replaced the General Court of the Indiana Territory that had consisted of a three member panel. The new Supreme Court held its first session in Corydon on May 5, 1817. The first Supreme Court was housed in a three room building it shared with the state legislature. Under the original constitution the Justices were appointed by the Governor and confirmed by the General Assembly after which they would serve a term of six years.[13]
Isaac Blackford was appointed to the court in 1817 and became the second Chief Justice of the court. Blackford was the longest serving judge in the history of court, serving more than thirty-five years. He recorded all of the court's early decisions in a multi-volume work entitled Blackford's Reports that served many years a foundational text on the interpretation of state laws.[14]
In 1824 the Supreme Court relocated to Indianapolis, along the the rest of the state government. There the court shared space on the second floor of of the Marion County Courthouse and the later in the Third Statehouse. In 1865 the court was given its own building on lot one of Indianapolis where it remained until coming to reside at its present location within the fourth Indiana statehouse in 1888. The Supreme Court occupies the entire north wing of the second floor of the Indiana Statehouse.[13][15]
In 1851, the Supreme Court was reorganized as part of the new state constitution. The position of Justices was changed from an appointed position to an elected one, judicial terms were changed to six years, and the court size was set at between three and five Justices. The court's three judges quickly became overwhelmed by the ever increasing caseload of the growing state and court was increased to four member in 1853 and five member in 1872. The court has remained at five justices since then.[13] In 1867 the General Assembly transferred all the law books in the Indiana State Library to the possession of Supreme Court to begin the creation of a Supreme Court Law Library. The library grew into the primary legal library for the state and includes over seventy-thousand volumes.[5]
The Supreme Court's case load continued to grow and in 1881 the General Assembly approved a panel of five commissioners to assist the Justices in their administrative tasks. Even this was not enough to handle the load and in 1891 the Appellate Court of Indiana was created to handle many of the cases of lower importance. At first the appellate court only took a small portion of the Supreme Courts caseload but it was gradually increased.[13]
In 1970 the court was again reorganized by a several constitutional amendments. The Appellate Court was made constitutional and renamed the Indiana Court of Appeals. The new Court of Appeals allowed the Supreme Court to choose which cases it would hear, and which cases it would leave to the lower courts. The 1970 amendment also lengthened judicial terms to ten years and changed the limits on the size of the court by requiring a new minimum of five and a maximum of nine members. The position of Justice was changed back to an appointed position. The amendment also provided for the creation the Judicial Nominating Commission to choose candidates for the position of Justice. The Justices terms were lengthened to ten years and they were made subject to a retention election.[13] In 2004 the General Assembly created the Supreme Court Division of Administration, legalizing and expanding the role of the clerks of the court.[9]
Landmark cases
The court has heard various cases that have had a major impact on Indiana, and others cases that have set nationwide precedents. The first of these cases was Polly v. Lasselle, and 1820 case resulted in all slaves in Indiana being freed.[16]
In Falkenburg v. Jones, an 1889 case, Indiana became the first state to established the right for a defendant to obtain court records free of charge.[17] In the 1909 case of Woessner v. Bullick, the principle was established that the court could invalidate a governor's veto if proper veto procedures were not followed.[18] The state was among the first to adopt an Exclusionary rule, established in the case of Callendar v. State, held in 1917, by preventing illegally obtained evidence from be submitted in court.[19]William v. Smith, a 1921 case, overturned the Indiana's eugenics laws, the first of their kind in the nation.[20]
In 2008 the court heard the case of the Democratic Party v. State. The court decision upheld Indiana's voter ID laws, the strictest in the nation at that time.
See also
- List of Indiana Supreme Court Justices
- Indiana Court of Appeals
- Constitution of Indiana
- Government of Indiana
References
- ^ a b c Article 7, Section 10, Indiana Constitution.
- ^ a b c d e f "Today's Supreme Court". IN.gov. Retrieved on 2008-08-05.
- ^ a b c d ICC, p. 23
- ^ "Supreme Court Clerkships". IN.gov. Retrieved on 2008-06-09.
- ^ a b "Supreme Court Law Library". IN.gov. Retrieved on 2008-08-08.
- ^ a b Indiana Constitution Article 7 Section 4
- ^ a b "Appellate Process". IN.gov. Retrieved on 2008-08-05.
- ^ "Arms of the Court". IN.gov. Retrieved on 2008-08-08.
- ^ a b "Division of Supreme Court Administration". IN.gov. Retrieved on 2008-08-08.
- ^ a b Indiana Constitution Article 7
- ^ ICC, p.24
- ^ a b c d e "Indiana Supreme Court Justices". Retrieved on 2008-07-01.
- ^ a b c d e Indiana Historical Bureau. "History and Origins". IN.gov. Retrieved on 2008-06-02.
- ^ Dunn, Jacob Piatt (1919). Indiana and Indianans. Chicago: =American Historical Society, 336.
- ^ Dunn, Jacob Piatt (1919). Indiana and Indianans. American Historical Society, 370.
- ^ Dunn, Jacob Piatt (1919). Indiana and Indianans. American Historical Society, 346–348.
- ^ David J. Bodenhamer & Randall T. Shepard (2006). pages=126 Indiana Law. Ohio University Press. ISBN 0821416375.
- ^ "Time Passage of Bill Overriding a Veto". Retrieved on 2008-07-01.
- ^ David J. Bodenhamer & Randall T. Shepard (2006). Indiana Law. Ohio University Press, 131. ISBN 0821416375.
- ^ Williams v. Smith, 131 NE 2 (Ind.), 1921, text at [1]
Sources
- ICC (2005, last revision). Here is Your Indiana Government. Indianapolis: Indiana Chamber of Commerce. A new edition is published biennially.
External links
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