4 Courts as a part of the whole Courts do not act alone in administering justice, even though public often does not think about the role of the other branches.Judicial branch operates at both the state and local level. (as do the legislature and executive)Indiana’s courts are not a “unified system.”
5 The Executive Branch and the Judiciary Appointment of appellate judgesClemency and PardonsDepartment of CorrectionsParole HearingsPublic Policy to heighten public awarenessAppointments to Boards
6 The Legislature and the Judiciary Enact LawsAuthorize New CourtsFund Special Courts and Court ProjectsEstablish salaries for judges and prosecutors and set court costs
7 Responsibilities of the Judicial Branch Statewide Rules for operation of all courtsSupervise judges and lawyersProvide Drug and Alcohol ProgramsProvide training court personnelClerk of the Appellate Courts
8 Responsibilities of the Judicial Branch in the Counties Conduct trialsSet local court rules and hire local courtSupervise probationBuild and maintain local jailsHire local police and sheriff
10 Trial CourtsAll, generally, do the same job. Different names stem from laws that created them, not functional differences.Each county is essentially 1 circuitSuperior and county courts added with growthCity and Town courts created to meet local needs. Only 48 city courts in Indiana
11 Local/County Trial Courts •Circuit and Superior Courts (and 1 probate court)•City and Town Courts
12 Differences between Trial Courts and Appellate Courts Appellate courts DO NOT call witnesses, look at evidence, or retry the facts of the caseThere is no juryWith the exception of the tax court, appeals are heard by a panel of judgesAppellate court’s review is limited to legal issuesAppellate courts cannot initiate cases
13 Indiana’s Appellate Courts Indiana Supreme CourtIndiana Court of AppealsIndiana Tax CourtClerk of the Courts
14 A Brief History of the Court 1816 Constitution1851 Constitution1970 Constitutional Amendment
15 Indiana’s 1816 Constitution 1st state capitalLocated in southern Indiana close to KY borderConstitution written in JuneIndiana admitted to the Union on December 11, 1816
16 Indiana’s 1816 Constitution Judicial branch organized in Art VCreated only Supreme & Circuit courts; Legislature was authorized to create other courts as neededSupreme Court has 3 members picked by the Governor to serve 7 year terms
17 Indiana’s 1851 Constitution Capital moved to Indianapolis in 1824Court met in several different places between 1824 and 1888Current building completed in 1888
18 Indiana’s 1851 Constitution Judicial branch organized in Art 7Created only Supreme & Circuit courts; Legislature was authorized to create other courts as neededSupreme Court can have up to 5 members.Elected to 6 year terms, “if they so long behave well.”
20 1970 Constitutional Amendment Court of Appeals becomes a constitutional courtCourt may be increased from 4 to 8 associate justicesChief Justice chosen by a Judicial Nominating Committee for a 5 year termAppellate judges selected by the Gov. from 3 candidates selected by the Judicial Nominating Committee. They are subject to a periodic non-partisan retention vote.
21 How do cases come to the Appellate Courts? Most cases are appealed from the trial courts to one of the intermediate appellate courts.A few cases, death penalty, mostly, are allowed direct appeal to the Supreme Court. Otherwise, the Supreme Court selects the cases it reviews.