The Intersection of the law and the 3 Branches of Government Dr. Elizabeth R. Osborn Assistant to the Chief Justice for Court History and Public Education

Separation of Powers Legislature makes the laws Executive implements the laws Courts interpret the laws

Indiana’s Government

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.”

The Executive Branch and the Judiciary Appointment of appellate judges Clemency and Pardons Department of Corrections Parole Hearings Public Policy to heighten public awareness Appointments to Boards

The Legislature and the Judiciary Enact Laws Authorize New Courts Fund Special Courts and Court Projects Establish salaries for judges and prosecutors and set court costs

Responsibilities of the Judicial Branch Statewide Rules for operation of all courts Supervise judges and lawyers Provide Drug and Alcohol Programs Provide training court personnel Clerk of the Appellate Courts

Responsibilities of the Judicial Branch in the Counties Conduct trials Set local court rules and hire local court Supervise probation Build and maintain local jails Hire local police and sheriff

Structure of Indiana’s Court System

Trial Courts All, generally, do the same job. Different names stem from laws that created them, not functional differences. Each county is essentially 1 circuit Superior and county courts added with growth City and Town courts created to meet local needs. Only 48 city courts in Indiana

Local/County Trial Courts •Circuit and Superior Courts (and 1 probate court) •City and Town Courts

Differences between Trial Courts and Appellate Courts Appellate courts DO NOT call witnesses, look at evidence, or retry the facts of the case There is no jury With the exception of the tax court, appeals are heard by a panel of judges Appellate court’s review is limited to legal issues Appellate courts cannot initiate cases

Indiana’s Appellate Courts Indiana Supreme Court Indiana Court of Appeals Indiana Tax Court Clerk of the Courts

A Brief History of the Court 1816 Constitution 1851 Constitution 1970 Constitutional Amendment

Indiana’s 1816 Constitution 1st state capital Located in southern Indiana close to KY border Constitution written in June Indiana admitted to the Union on December 11, 1816

Indiana’s 1816 Constitution Judicial branch organized in Art V Created only Supreme & Circuit courts; Legislature was authorized to create other courts as needed Supreme Court has 3 members picked by the Governor to serve 7 year terms

Indiana’s 1851 Constitution Capital moved to Indianapolis in 1824 Court met in several different places between 1824 and 1888 Current building completed in 1888

Indiana’s 1851 Constitution Judicial branch organized in Art 7 Created only Supreme & Circuit courts; Legislature was authorized to create other courts as needed Supreme Court can have up to 5 members. Elected to 6 year terms, “if they so long behave well.”

1970 Constitutional Amendment

1970 Constitutional Amendment Court of Appeals becomes a constitutional court Court may be increased from 4 to 8 associate justices Chief Justice chosen by a Judicial Nominating Committee for a 5 year term Appellate judges selected by the Gov. from 3 candidates selected by the Judicial Nominating Committee. They are subject to a periodic non-partisan retention vote.

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.