Bill Text: IN HB1411 | 2013 | Regular Session | Amended
Bill Title: Court staff attorney pilot program.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2013-02-25 - First reading: referred to Committee on Judiciary [HB1411 Detail]
Download: Indiana-2013-HB1411-Amended.html
Citations Affected: IC 33-23; IC 33-38.
Synopsis: Court staff attorney pilot program. Creates the circuit and
superior court staff attorney pilot program (pilot program) to provide
assistance to courts with preparing orders for complex motions.
Requires the judicial center to administer the pilot program and to
report to the commission on courts (commission) concerning the pilot
program. Requires the commission to receive reports concerning the
pilot program, and allows the commission to make recommendations
and to propose legislation concerning the pilot program.
Effective: July 1, 2013.
January 22, 2013, read first time and referred to Committee on Courts and Criminal Code.
February 14, 2013, amended, reported _ Do Pass.
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A BILL FOR AN ACT to amend the Indiana Code concerning
courts and court officers.
(1) Review and report on all requests for new courts or changes in jurisdiction of existing courts. A request for review under this subdivision must be received by the commission not later than July 1 of each year. A request received after July 1 may not be considered unless a majority of the commission members agrees to consider the request.
(2) Conduct research concerning requests for new courts or changes in jurisdiction of existing courts. The research may include conducting surveys sampling members of the bar, members of the judiciary, and local officials to determine needs and problems.
(3) Conduct public hearings throughout Indiana concerning requests for new courts or changes in jurisdiction of existing courts. The commission shall hold at least one (1) public hearing
on each request presented to the commission.
(4) Review and report on any other matters relating to court
administration that the commission determines appropriate,
including the following:
(A) Court fees.
(B) Court personnel, except constables that have jurisdiction
in a county that contains a consolidated city.
(C) Salaries of court officers and personnel, except constables
that have jurisdiction in a county that contains a consolidated
city.
(D) Jury selection.
(E) Any other issues relating to the operation of the courts.
(5) Submit a report in an electronic format under IC 5-14-6 before
November 1 of each year to the general assembly. The report
must include the following:
(A) A recommendation on all requests considered by the
commission during the preceding year for the creation of new
courts or changes in the jurisdiction of existing courts.
(B) If the commission recommends the creation of new courts
or changes in jurisdiction of existing courts, the following:
(i) A draft of legislation implementing the changes.
(ii) A fiscal analysis of the cost to the state and local
governments of implementing recommended changes.
(iii) Summaries of any research supporting the
recommended changes.
(iv) Summaries of public hearings held concerning the
recommended changes.
(C) A recommendation on any issues considered by the
commission under subdivision (4).
(6) Receive reports from the Indiana judicial center
concerning the circuit and superior court staff attorney pilot
program established under IC 33-38-15. The commission may
make recommendations and propose legislation concerning
the pilot program.
(1) The alcohol and drug services program under IC 12-23-14.
(2) The certification of problem solving courts under IC 33-23-16.
(3) The circuit and superior court staff attorney pilot program under IC 33-38-15.
Chapter 15. Circuit and Superior Court Staff Attorney Pilot Program
Sec. 1. As used in this chapter, "complex motion" includes a motion to dismiss, a motion for summary judgment, or another motion considered to be a complex motion by the Indiana judicial center.
Sec. 2. As used in this chapter, "pilot program" means the circuit and superior court staff attorney pilot program established by section 3 of this chapter.
Sec. 3. As used in this section, "staff attorney" means an attorney, a senior judge, or a third year law student.
Sec. 4. (a) The circuit and superior court staff attorney pilot program is established.
(b) The Indiana judicial center shall administer the pilot program.
(c) The pilot program must make staff attorneys available to circuit and superior court judges to assist with the preparation of orders granting or denying complex motions.
(d) The pilot program must be made available to at least:
(1) two (2) counties with a population of less than fifty thousand (50,000);
(2) two (2) counties with a population of at least fifty thousand (50,000) but less than two hundred thousand (200,000); and
(3) one (1) county with a population of at least two hundred thousand (200,000).
(e) A party to an action filed in a county in which the pilot program is available may petition a court, when filing a complex motion, to have a staff attorney from the pilot program assist the court in preparing a judicial opinion that explains the reasons for granting or denying the complex motion.
(f) A judge of a court located in a county in which the pilot program is available may request research and drafting assistance from the pilot program to aid in the preparation of a judicial opinion that explains the reasons for granting or denying a complex motion.
(g) If the pilot program assists in resolving a complex motion, the opinion described in subsection (f) must contain analysis and case law citations.
(h) The Indiana judicial center may require a fee from a
petitioning party described in subsection (e) and may set the
amount of the fee.
(i) The Indiana judicial center may determine if pilot program
assistance is available in a proceeding based on the amount in
controversy.
Sec. 5. (a) The Indiana judicial center shall report on the
progress of the pilot program to the commission on courts
established under IC 33-23-10 in the 2013 and 2014 legislative
interims. The report must include:
(1) a list of the counties in which the pilot program was
available in the preceding year;
(2) the number of petitions filed for pilot program assistance
in the preceding year;
(3) the number of requests for pilot program assistance made
by a judge in the preceding year;
(4) the costs associated with the pilot program in the
preceding year;
(5) the expected costs of expanding the pilot program
statewide;
(6) a recommendation on the appropriate fee, if necessary, for
staff attorney assistance if the pilot program is expanded
statewide;
(7) recommendations for alternative sources of funding for
the pilot program if the pilot program is expanded statewide;
(8) recommendations on types of matters with which a staff
attorney should be available to assist a court; and
(9) other recommendations regarding implementing the pilot
program statewide.
(b) The commission on courts may make recommendations and
propose legislation concerning the pilot program.
Sec. 6. The Indiana judicial center shall establish guidelines for
courts in using the circuit and superior court staff attorney pilot
program.
Sec. 7. This chapter expires June 30, 2015.
