Bill Text: IN HB1393 | 2013 | Regular Session | Enrolled
Bill Title: Judicial technology and automation.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-05-13 - Public Law 284 [HB1393 Detail]
Download: Indiana-2013-HB1393-Enrolled.html
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AN ACT to amend the Indiana Code concerning courts and court officers.
Chapter 17. Judicial Technology Oversight Committee
Sec. 1. As used in this chapter, "committee" refers to the judicial technology oversight committee established by section 2 of this chapter.
Sec. 2. (a) The judicial technology oversight committee is established.
(b) The committee consists of the following eleven (11) members:
(1) The chief justice of the supreme court or the chief justice's designee.
(2) The chief information officer of the office of technology appointed under IC 4-13.1-2-3 or the chief information officer's designee.
(3) Two (2) members of the senate appointed by the president pro tempore of the senate, not more than one (1) of whom may be affiliated with the same political party.
(4) Two (2) members of the house of representatives appointed by the speaker of the house of representatives, not more than one (1) of whom may be affiliated with the same political party.
(5) One (1) trial court judge appointed by the president of the Indiana Judges Association.
(6) Two (2) circuit court clerks appointed by the president of the Association of Clerks of Circuit Courts of Indiana. One (1) must be a clerk for a county that does not operate under the state's automated judicial system and one (1) must be a clerk for a county that operates under the state's automated judicial system.
(7) One (1) attorney in good standing admitted to the practice of law in Indiana appointed by the president of the Indiana State Bar Association.
(8) One (1) individual affiliated with a taxpayer organization, appointed by the governor.
(c) The following appointed members of the committee shall serve the following initial terms:
(1) One (1) member of the senate shall be appointed for an initial term of one (1) year, and one (1) member of the senate shall be appointed for an initial term of two (2) years, as determined by the president pro tempore of the senate.
(2) One (1) member of the house of representatives shall be appointed for an initial term of one (1) year, and one (1) member of the house of representatives shall be appointed for an initial term of two (2) years, as determined by the speaker of the house of representatives.
(3) The initial term of the circuit court clerk appointed by the president of the Association of Clerks of Circuit Courts of Indiana is one (1) year.
(4) The initial term of the clerk of the circuit court for a county that does not operate under the state's automated judicial system is two (2) years.
As the initial terms expire, successors shall be appointed for a full three (3) year term.
(d) Except as provided in subsection (c) concerning the initial terms of certain appointed members, the term of each appointed member of the committee is three (3) years. A member appointed to fill the unexpired term of a member serves until the end of the unexpired term. A member may be reappointed.
Sec. 3. (a) The chief justice or the chief justice's designee shall serve as the chairperson of the committee.
(b) The committee shall meet:
(1) at least once each calendar quarter during July 2013, through June 30, 2014, and twice each state fiscal year after
June 30, 2014; and
(2) at the call of the chairperson.
Sec. 4. (a) The committee shall do the following:
(1) Conduct a continuous study of information technology
applications for Indiana's judicial system, including an
analysis of appropriate and equitable funding, automated
recordkeeping fees and record perpetuation costs, and their
allocation between state and local governmental entities.
(2) Develop a long range strategy for technology and
automation in Indiana's judicial system, including:
(A) establishing plans for funding and implementing
technology and automation;
(B) making recommendations to the division of state court
administration for the establishment of a pilot program
concerning electronic filing;
(C) allowing public court records to be available on the
Internet;
(D) studying the appropriate use of private sector vendors
that offer similar interfacing or complementary systems;
and
(E) studying any other issues the committee considers
appropriate.
(3) Make recommendations to the supreme court concerning
the implementation of policies, standards, and rules that
promote the effective use of technology and automation in
Indiana courts.
(b) The committee may employ an independent consultant to
assist with its study.
Sec. 5. The division of state court administration shall staff the
committee.
Sec. 6. (a) Except as provided in subsection (b), per diem,
mileage, travel allowances, and other expenses paid to committee
members shall be paid from appropriations made to the supreme
court.
(b) Per diem, mileage, and travel allowances paid to committee
members who are members of the general assembly shall be paid
from appropriations made to the legislative council or the
legislative services agency.
Sec. 7. Each member of the committee who is not a state
employee is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). The member is also entitled to reimbursement
for traveling expenses as provided under IC 4-13-1-4 and other
expenses actually incurred in connection with the member's duties
as provided in the state policies and procedures established by the
Indiana department of administration and approved by the budget
agency.
Sec. 8. Each member of the committee who is a state employee
but who is not a member of the general assembly is entitled to
reimbursement for traveling expenses as provided under
IC 4-13-1-4 and other expenses actually incurred in connection
with the member's duties as provided in the state policies and
procedures established by the Indiana department of
administration and approved by the budget agency.
Sec. 9. Each member of the committee who is a member of the
general assembly is entitled to receive the same per diem, mileage,
and travel allowances paid to legislative members of interim study
committees established by the legislative council.
Sec. 10. The affirmative votes of a majority of the members of
the committee are required for the committee to take action on any
measure.
(1) Examine the administrative and business methods and systems employed in the offices of the clerks of court and other offices related to and serving the courts and make recommendations for necessary improvement.
(2) Collect and compile statistical data and other information on the judicial work of the courts in Indiana. All justices of the supreme court, judges of the court of appeals, judges of all trial courts, and any city or town courts, whether having general or special jurisdiction, court clerks, court reporters, and other officers and employees of the courts shall, upon notice by the executive director and in compliance with procedures prescribed by the executive director, furnish the executive director the information as is requested concerning the nature and volume of judicial business. The information must include the following:
(A) The volume, condition, and type of business conducted by the courts.
(B) The methods of procedure in the courts.
(C) The work accomplished by the courts.
(D) The receipt and expenditure of public money by and for the operation of the courts.
(E) The methods of disposition or termination of cases.
(3) Prepare and publish reports, not less than one (1) or more than two (2) times per year, on the nature and volume of judicial work performed by the courts as determined by the information required in subdivision (2).
(4) Serve the judicial nominating commission and the judicial qualifications commission in the performance by the commissions of their statutory and constitutional functions.
(5) Administer the civil legal aid fund as required by IC 33-24-12.
(6) Administer the judicial technology and automation project fund established by section 12 of this chapter.
(7) By December 31, 2013, develop and implement a standard protocol for
(A) between the protective order registry, established by IC 5-2-9-5.5, and county court case management systems;
(B) at the option of the county prosecuting attorney, for:
(i) a prosecuting attorney's case management system;
(ii) a county court case management system; and
(iii) a county court case management system developed and operated by the division of state court administration;
to interface with the electronic traffic tickets, as defined by IC 9-30-3-2.5; and
(C) between county court case management systems and the case management system developed and operated by the division of state court administration.
The standard protocol developed and implemented under this subdivision shall permit private sector vendors, including vendors providing service to a local system and vendors accessing the system for information, to send and receive court information on an equitable basis and at an equitable cost.
(8) Establish and administer an electronic system for receiving information that relates to certain individuals who may be prohibited from possessing a firearm and transmitting this information to the Federal Bureau of Investigation for inclusion in the NICS.
(9) Staff the judicial technology oversight committee established by IC 33-23-17-2.
(b) All forms to be used in gathering data must be approved by the supreme court and shall be distributed to all judges and clerks before the start of each period for which reports are required.
(c) The division may adopt rules to implement this section.
(1) Deposits made under IC 33-37-9-4.
(2) Other appropriations made by the general assembly.
(3) Grants and gifts designated for the fund or the judicial technology and automation project.
(b) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested.
(c) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
(d) The budget committee may release funds for the judicial technology and automation project after the division of state court administration certifies in conjunction with the Indiana office of technology, that the judicial technology automation project is in compliance with the information sharing and exchange provisions of IC 33-24-6-3(a).
(1) adopting a resolution or ordinance; and
(2) entering into an agreement.
(b) In the context of this article, a county, city, or town that has made a formal written commitment to convert to or adopt the state's automated judicial system is considered to be operating under the state's automated judicial system once the conversion to the system is complete.
(b) The clerk shall collect an automated record keeping fee
(1) seven dollars ($7) after June 30,
(2) five dollars ($5) after June 30, 2013, and before July 1, 2015, with respect to actions resulting in the accused person entering into a:
(A) pretrial diversion program agreement under IC 33-39-1-8; or
(B) deferral program agreement under IC 34-28-5-1; and
(1) IC 33-37-4-1(a) (criminal costs fees).
(2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
(3) IC 33-37-4-3(a) (juvenile costs fees).
(4) IC 33-37-4-4(a) (civil costs fees).
(5) IC 33-37-4-6(a)(1)(A) (small claims costs fees).
(6) IC 33-37-4-7(a) (probate costs fees).
(7) IC 33-37-5-17 (deferred prosecution fees).
(b) The clerk of a circuit court shall distribute semiannually to the auditor of state for deposit in the state user fee fund established in IC 33-37-9-2 the following:
(1) Twenty-five percent (25%) of the drug abuse, prosecution, interdiction, and correction fees collected under IC 33-37-4-1(b)(5).
(2) Twenty-five percent (25%) of the alcohol and drug countermeasures fees collected under IC 33-37-4-1(b)(6), IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
(3) One hundred percent (100%) of the child abuse prevention fees collected under IC 33-37-4-1(b)(7).
(4) One hundred percent (100%) of the domestic violence prevention and treatment fees collected under IC 33-37-4-1(b)(8).
(5) One hundred percent (100%) of the highway work zone fees collected under IC 33-37-4-1(b)(9) and IC 33-37-4-2(b)(5).
(6) One hundred percent (100%) of the safe schools fee collected under IC 33-37-5-18.
(7) The following:
(A) For a county operating under the state's automated judicial system, one hundred percent (100%) of the automated record keeping fee (IC 33-37-5-21) not distributed under subsection (a).
(B) This clause applies before July 1, 2013, and after June 30, 2015. For a county not operating under the state's automated judicial system, eighty percent (80%) of the automated record keeping fee (IC 33-37-5-21) not distributed under subsection (a).
(C) This clause applies after June 30, 2013, and before July 1, 2015. For a county not operating under the state's automated judicial system, five dollars ($5) of the automated record keeping fee (IC 33-37-5-21) not distributed under subsection (a).
(c) The clerk of a circuit court shall distribute monthly to the county auditor the following:
(1) Seventy-five percent (75%) of the drug abuse, prosecution, interdiction, and correction fees collected under IC 33-37-4-1(b)(5).
(2) Seventy-five percent (75%) of the alcohol and drug countermeasures fees collected under IC 33-37-4-1(b)(6), IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
The county auditor shall deposit fees distributed by a clerk under this subsection into the county drug free community fund established under IC 5-2-11.
(d) The clerk of a circuit court shall distribute monthly to the county auditor one hundred percent (100%) of the late payment fees collected under IC 33-37-5-22. The county auditor shall deposit fees distributed by a clerk under this subsection as follows:
(1) If directed to do so by an ordinance adopted by the county fiscal body, the county auditor shall deposit forty percent (40%) of the fees in the clerk's record perpetuation fund established under IC 33-37-5-2 and sixty percent (60%) of the fees in the county general fund.
(2) If the county fiscal body has not adopted an ordinance described in subdivision (1), the county auditor shall deposit all the fees in the county general fund.
(e) The clerk of the circuit court shall distribute semiannually to the auditor of state for deposit in the sexual assault victims assistance account established by IC 5-2-6-23(h) one hundred percent (100%) of the sexual assault victims assistance fees collected under
IC 33-37-5-23.
(f) The clerk of a circuit court shall distribute monthly to the county
auditor the following:
(1) One hundred percent (100%) of the support and maintenance
fees for cases designated as non-Title IV-D child support cases in
the Indiana support enforcement tracking system (ISETS) or the
successor statewide automated support enforcement system
collected under IC 33-37-5-6.
(2) The percentage share of the support and maintenance fees for
cases designated as Title IV-D child support cases in ISETS or the
successor statewide automated support enforcement system
collected under IC 33-37-5-6 that is reimbursable to the county at
the federal financial participation rate.
The county clerk shall distribute monthly to the department of child
services the percentage share of the support and maintenance fees for
cases designated as Title IV-D child support cases in ISETS, or the
successor statewide automated support enforcement system, collected
under IC 33-37-5-6 that is not reimbursable to the county at the
applicable federal financial participation rate.
(g) The clerk of a circuit court shall distribute monthly to the county
auditor the following:
(1) One hundred percent (100%) of the small claims service fee
under IC 33-37-4-6(a)(1)(B) or IC 33-37-4-6(a)(2) for deposit in
the county general fund.
(2) One hundred percent (100%) of the small claims garnishee
service fee under IC 33-37-4-6(a)(1)(C) or IC 33-37-4-6(a)(3) for
deposit in the county general fund.
(h) This subsection does not apply to court administration fees
collected in small claims actions filed in a court described in IC 33-34.
The clerk of a circuit court shall semiannually distribute to the auditor
of state for deposit in the state general fund one hundred percent
(100%) of the following:
(1) The public defense administration fee collected under
IC 33-37-5-21.2.
(2) The judicial salaries fees collected under IC 33-37-5-26.
(3) The DNA sample processing fees collected under
IC 33-37-5-26.2.
(4) The court administration fees collected under IC 33-37-5-27.
(i) The clerk of a circuit court shall semiannually distribute to the
auditor of state for deposit in the judicial branch insurance adjustment
account established by IC 33-38-5-8.2 one hundred percent (100%) of
the judicial insurance adjustment fee collected under IC 33-37-5-25.
(j) The proceeds of the service fee collected under IC 33-37-5-28(b)(1) or IC 33-37-5-28(b)(2) shall be distributed as follows:
(1) The clerk shall distribute one hundred percent (100%) of the service fees collected in a circuit, superior, county, or probate court to the county auditor for deposit in the county general fund.
(2) The clerk shall distribute one hundred percent (100%) of the service fees collected in a city or town court to the city or town fiscal officer for deposit in the city or town general fund.
(k) The proceeds of the garnishee service fee collected under IC 33-37-5-28(b)(3) or IC 33-37-5-28(b)(4) shall be distributed as follows:
(1) The clerk shall distribute one hundred percent (100%) of the garnishee service fees collected in a circuit, superior, county, or probate court to the county auditor for deposit in the county general fund.
(2) The clerk shall distribute one hundred percent (100%) of the garnishee service fees collected in a city or town court to the city or town fiscal officer for deposit in the city or town general fund.
(l) The clerk of the circuit court shall distribute semiannually to the auditor of state for deposit in the home ownership education account established by IC 5-20-1-27 one hundred percent (100%) of the following:
(1) The mortgage foreclosure counseling and education fees collected under IC 33-37-5-32 (before its expiration on January 1, 2015).
(2) Any civil penalties imposed and collected by a court for a violation of a court order in a foreclosure action under IC 32-30-10.5.
(m) This subsection applies to a county that is not operating under the state's automated judicial system. The clerk of a circuit court shall distribute monthly to the county auditor
(1) Twenty percent (20%), before July 1, 2013, and after June 30, 2015.
(2) Two dollars ($2) of each fee collected, after June 30, 2013, and before July 1, 2015.
(n) The clerk of a circuit court shall distribute semiannually to the auditor of state one hundred percent (100%) of the pro bono legal services fees collected before July 1, 2017, under IC 33-37-5-31. The
auditor of state shall transfer semiannually the pro bono legal services
fees to the Indiana Bar Foundation (or a successor entity) as the entity
designated to organize and administer the interest on lawyers trust
accounts (IOLTA) program under Rule 1.15 of the Rules of
Professional Conduct of the Indiana supreme court. The Indiana Bar
Foundation shall:
(1) deposit in an appropriate account and otherwise manage the
fees the Indiana Bar Foundation receives under this subsection in
the same manner the Indiana Bar Foundation deposits and
manages the net earnings the Indiana Bar Foundation receives
from IOLTA accounts; and
(2) use the fees the Indiana Bar Foundation receives under this
subsection to assist or establish approved pro bono legal services
programs.
The handling and expenditure of the pro bono legal services fees
received under this section by the Indiana Bar Foundation (or its
successor entity) are subject to audit by the state board of accounts. The
amounts necessary to make the transfers required by this subsection are
appropriated from the state general fund.
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