1. 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

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

3. Indiana’s Government

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 judges
Clemency and Pardons
Department of Corrections
Parole Hearings
Public Policy to heighten public awareness
Appointments to Boards

6. 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

7. 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

8. 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

9. Structure of Indiana’s Court System

10. 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

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 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

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

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

15. 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

16. 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

17. 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

18. 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.”

19. 1970 Constitutional Amendment

20. 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.

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.