Supreme Court of Indiana
Encyclopedia
The Supreme Court of Indiana is the state supreme court
of Indiana
. The court was established by Article Seven of the Indiana Constitution and is the highest judicial authority within Indiana. The court is located at Indianapolis
within the north wing of the Indiana State House
building.
Developed over the history of the state, the Supreme Court succeeded the General Court of the Indiana Territory
as the high court of Indiana in December 1816, hearing high profile cases like Polly v. Lasselle
. Originally starting out as a three member panel, the court underwent major judicial reform in 1852 and 1971, and other several other reorganizations. The reforms led to a majority of Supreme Court cases being delegated to lower courts, an enlarged five member panel, and the employment of a large staff to help with the court's caseload increases.
minimum. The Indiana General Assembly
may increase the number of Associate Justices to a maximum eight for a total of nine Justices. The court is assisted in its administrative duties by a board of five commissioners. The commissioners are nominated by the Judicial Nominating Commission and appointed by the governor. The courts offices and chambers are located in the north wing of the third floor in the Indiana statehouse. The court also maintains a large legal library on the third floor that is open to the public.
The Supreme Court has no original jurisdiction
in most cases, this means that it can only hear cases that are appealed to the court after having been previously heard in lower courts. Most cases begin in local circuit courts where the initial trial is held and a jury decides the outcome of the case. The circuit court decision can be appealed to the Indiana Court of Appeals
or the Indiana Tax Court, who can choose to hear the case or to enforce the lower courts decision. If the parties still disagree with the outcome of the case, they can appeal the decision to the Indiana Supreme Court. The Supreme Court can choose to hear the case and possibly overturn to the previous judgment, or the court can decline to accept the case and uphold the decision of the lower courts.
The Supreme Court does has original and sole jurisdiction in certain specific areas including the practice of law, discipline or disbarment of Judges appointed to the lower state courts, and supervision over the exercise of jurisdiction by the other lower courts of the State. When the court accepts cases, they will review the documentation of the trials in the lower court and sometimes allow oral arguments before making a decision. In some cases the Justices will issue a decision without hearing arguments from either side, and base their decision solely on the evidence submitted in the lower courts. The court can order a new trial take place in the local court, overturn the decision or lower courts and enforce its own decision, or uphold the decision of lower court.
The Supreme Court appoints three commissions to assist it in its exclusive jurisdiction over the practice of law in Indiana. The role of the Board of Law Examiners is to "inquire into and determine the character, fitness and general qualifications to be admitted to practice law as a member of the bar of the Supreme Court of Indiana." The Disciplinary Commission is responsible for investigating grievances filed against members of the bar for misconduct and making disciplinary recommendations to the Supreme Court. The Commission for Continuing Legal Education administers, develops and regulates continuing legal education requirements, mediation training standards and attorney specialization programs.
The Judicial Nominating Commission is responsible for recruiting and interviewing applicants to fill vacancies on the Supreme Court, the Court of Appeals, and the Tax Court. It then sends three nominee for each vacancy to the Governor. The Judicial Qualification Commission investigates complaints of judicial misconduct and files charges where appropriate. Both commissions have the same members and are chaired by the Chief Justice.
The entire court takes part in the annual Judicial Conference of Indiana, attended by all the state's judges, who recommends improvements to the Supreme Court and the judiciary. The court is also responsible for implementing all laws passed by the General Assembly that affect the judiciary. The Division of Supreme Court Administration is staffed by clerks who oversee the fiscal management of the courts, including payroll and expenses. The division is also responsible for maintaining the court's records and assists the court in all of its administrative functions.
. First, a list of three qualified nominees is created by the Judicial Nominating Commission
who then submit the list to the Governor. The Governor then picks the new Justice from the list. If the Governor fails to choose a replacement within sixty days, the Chief Justice or the acting Chief Justice must do so. The Chief Justice is chosen by the Judicial Nomination Commission from among the sitting Associate Justices and serves a term of five years. The Chief Justice is appointed for terms of five years and presides over the court. When the position of Chief Justice becomes vacant the most senior member of the court serves as the acting Chief Justice until a new Chief Justice is chosen by the Judicial Nominating Commission. The Chief Justice also serves as chairman of the Judicial Nominating Commission.
Justices are appointed to a term that could potentially last for ten years. Once a new Justice is chosen, he may serve for two years before being subjected to a retention election
held during the first statewide election after the Justice's completion of the Justice's second year in office. The Justice is listed on the ballot with the option to be retained or to be rejected from the court. If retained the Justice may serve out the remainder of his ten year term. After a term is completed, a Justice must be reappointed by the same process used to appoint him originally in order to remain on the court. A Justice can be impeached by a majority vote of both houses of the Indiana General Assembly for misconduct. It is mandatory for a Justice to retire at age seventy-five, even if their term is incomplete.
. The Judicial Nominating Commission must also ensure that they are the "most highly qualified public candidates" available.
that had consisted of a three member panel. The new Supreme Court held its first session in Corydon
on May 5, 1817. The first Supreme Court was housed in a three room building
it shared with the state legislature. Under the original constitution the Justices were appointed by the Governor and confirmed by the General Assembly after which they would serve a term of six years.
Isaac Blackford
was appointed to the court in 1817 and became the second Chief Justice of the court. Blackford was the longest serving justice in the history of the court, serving 36 years, three months, and 24 days. He recorded all of the court's early decisions in a multi-volume work entitled Blackford's Reports that served for many years as a foundational text on the interpretation of state laws.
In 1824, the Supreme Court relocated to Indianapolis
, along with the rest of the state government. There the court shared space on the second floor of the Marion County
Courthouse and the later in the Third Statehouse. In 1865, the court was given its own building on lot number one of Indianapolis where it remained until coming to reside at its present location within the fifth Indiana statehouse in 1888. The Supreme Court occupies the entire north wing of the second floor of the Indiana Statehouse.
In 1851, the Supreme Court was reorganized as part of the new state constitution. The position of Justices was changed from an appointed position to an elected one, judicial terms were changed to six years, and the court size was set at between three and five Justices. The court's three judges quickly became overwhelmed by the ever increasing caseload of the growing state and court was increased to four member in 1853 and five member in 1872. The court has remained at five justices since then. In 1867, the General Assembly transferred all the law books in the Indiana State Library to the possession of Supreme Court to begin the creation of a Supreme Court Law Library. The library grew into the primary legal library for the state and includes over seventy-thousand volumes.
The Supreme Court's case load continued to grow and in 1881 the General Assembly approved the creation of a panel of five commissioners to assist the Justices in their administrative tasks. Even this was not enough to handle the load and in 1891 the Appellate Court of Indiana was created to handle many of the cases of lower importance. At first the appellate court only took a small portion of the Supreme Courts caseload, but their responsibility was gradually increased.
In 1970, the court was again reorganized by a several constitutional amendments. The Appellate Court was made constitutional and renamed the Indiana Court of Appeals
. The new Court of Appeals allowed the Supreme Court to choose which cases it would hear, and which cases it would leave to the lower courts. The 1970 amendments also lengthened judicial terms to ten years and changed the limits on the size of the court by requiring a new minimum of five members and a maximum of nine. The method of selecting Justices was changed from being an elected office to an appointed office. The amendment also provided for the creation the Judicial Nominating Commission to choose candidates for the position of Justice, and the Justices were made subject to a retention election. The office of Chief Justice became permanent. The title rotated among the justice prior to this. In 2004, the General Assembly created the Supreme Court Division of Administration, legalizing and expanding the role of the clerks of the court.
, an 1820 case that resulted in all slaves in Indiana being freed. In the 1823 case about the Fall Creek Massacre
, State v. Hudson, the court upheld a lower court's finding that crimes committed against Native Americans
were punishable under American laws, leading to the first execution of a white man for crimes against natives.
In Falkenburg v. Jones, an 1889 case, Indiana became the first state to establish the right for a defendant
to obtain court records free of charge. In the 1909 case of Woessner v. Bullick, the principle was established that the court could invalidate a governor's veto if proper veto procedures were not followed, and in effect ruled the pocket-veto to be unconstitutional. The state was among the first to adopt an Exclusionary rule
, established in the case of Callendar v. State, held in 1917, by preventing illegally obtained evidence from be submitted in court. William v. Smith, a 1921 case, overturned the Indiana's eugenics
laws, the first of their kind in the nation.
State supreme court
In the United States, the state supreme court is the highest state court in the state court system ....
of Indiana
Indiana
Indiana is a US state, admitted to the United States as the 19th on December 11, 1816. It is located in the Midwestern United States and Great Lakes Region. With 6,483,802 residents, the state is ranked 15th in population and 16th in population density. Indiana is ranked 38th in land area and is...
. The court was established by Article Seven of the Indiana Constitution and is the highest judicial authority within Indiana. The court is located at Indianapolis
Indianapolis, Indiana
Indianapolis is the capital of the U.S. state of Indiana, and the county seat of Marion County, Indiana. As of the 2010 United States Census, the city's population is 839,489. It is by far Indiana's largest city and, as of the 2010 U.S...
within the north wing of the Indiana State House
Indiana State House
The Indiana Statehouse is the state capitol building of the U.S. state of Indiana. Housing the Indiana General Assembly, the office of the Governor of Indiana, the Supreme Court of Indiana, and other state officials, it is located in the state capital Indianapolis at 200 West Washington Street...
building.
Developed over the history of the state, the Supreme Court succeeded the General Court of the Indiana Territory
Indiana Territory
The Territory of Indiana was an organized incorporated territory of the United States that existed from July 4, 1800, until November 7, 1816, when the southern portion of the territory was admitted to the Union as the state of Indiana....
as the high court of Indiana in December 1816, hearing high profile cases like Polly v. Lasselle
Polly v. Lasselle
Polly v. Lasselle was an 1820 state supreme court case in the US state of Indiana where abolitionists attempted to free a slave from her master...
. Originally starting out as a three member panel, the court underwent major judicial reform in 1852 and 1971, and other several other reorganizations. The reforms led to a majority of Supreme Court cases being delegated to lower courts, an enlarged five member panel, and the employment of a large staff to help with the court's caseload increases.
Organization and Jurisdiction
In 2008, the court consisted of one Chief Justice and four Associate Justices, the constitutionalConstitution of Indiana
There have been two Constitutions of the State of Indiana. The first constitution was created when the Territory of Indiana sent forty-three delegates to a constitutional convention on June 10, 1816 to establish a constitution for the proposed State of Indiana after the United States Congress had...
minimum. The Indiana General Assembly
Indiana General Assembly
The Indiana General Assembly is the state legislature, or legislative branch, of the state of Indiana. It is a bicameral legislature that consists of a lower house, the Indiana House of Representatives, and an upper house, the Indiana Senate...
may increase the number of Associate Justices to a maximum eight for a total of nine Justices. The court is assisted in its administrative duties by a board of five commissioners. The commissioners are nominated by the Judicial Nominating Commission and appointed by the governor. The courts offices and chambers are located in the north wing of the third floor in the Indiana statehouse. The court also maintains a large legal library on the third floor that is open to the public.
The Supreme Court has no original jurisdiction
Original jurisdiction
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.-France:...
in most cases, this means that it can only hear cases that are appealed to the court after having been previously heard in lower courts. Most cases begin in local circuit courts where the initial trial is held and a jury decides the outcome of the case. The circuit court decision can be appealed to the Indiana Court of Appeals
Indiana Court of Appeals
The Indiana Court of Appeals is the intermediate-level appellate court for the state of Indiana. It is the successor to the Indiana Appellate Court.-History:...
or the Indiana Tax Court, who can choose to hear the case or to enforce the lower courts decision. If the parties still disagree with the outcome of the case, they can appeal the decision to the Indiana Supreme Court. The Supreme Court can choose to hear the case and possibly overturn to the previous judgment, or the court can decline to accept the case and uphold the decision of the lower courts.
The Supreme Court does has original and sole jurisdiction in certain specific areas including the practice of law, discipline or disbarment of Judges appointed to the lower state courts, and supervision over the exercise of jurisdiction by the other lower courts of the State. When the court accepts cases, they will review the documentation of the trials in the lower court and sometimes allow oral arguments before making a decision. In some cases the Justices will issue a decision without hearing arguments from either side, and base their decision solely on the evidence submitted in the lower courts. The court can order a new trial take place in the local court, overturn the decision or lower courts and enforce its own decision, or uphold the decision of lower court.
The Supreme Court appoints three commissions to assist it in its exclusive jurisdiction over the practice of law in Indiana. The role of the Board of Law Examiners is to "inquire into and determine the character, fitness and general qualifications to be admitted to practice law as a member of the bar of the Supreme Court of Indiana." The Disciplinary Commission is responsible for investigating grievances filed against members of the bar for misconduct and making disciplinary recommendations to the Supreme Court. The Commission for Continuing Legal Education administers, develops and regulates continuing legal education requirements, mediation training standards and attorney specialization programs.
The Judicial Nominating Commission is responsible for recruiting and interviewing applicants to fill vacancies on the Supreme Court, the Court of Appeals, and the Tax Court. It then sends three nominee for each vacancy to the Governor. The Judicial Qualification Commission investigates complaints of judicial misconduct and files charges where appropriate. Both commissions have the same members and are chaired by the Chief Justice.
The entire court takes part in the annual Judicial Conference of Indiana, attended by all the state's judges, who recommends improvements to the Supreme Court and the judiciary. The court is also responsible for implementing all laws passed by the General Assembly that affect the judiciary. The Division of Supreme Court Administration is staffed by clerks who oversee the fiscal management of the courts, including payroll and expenses. The division is also responsible for maintaining the court's records and assists the court in all of its administrative functions.
Terms and elections
Article Seven of the state constitution governs the term length of Supreme Court Justices. When there is a vacancy on the court, a new justice is nominated using a variation of the Missouri PlanMissouri Plan
The Missouri Plan is a method for the selection of judges. It originated in Missouri in 1940, and has been adopted by several states of the United States...
. First, a list of three qualified nominees is created by the Judicial Nominating Commission
Indiana Judicial Nominating Commission
The Indiana Judicial Nominating Commission, which also serves as the Indiana Judicial Qualifications Commission, is a seven member panel chosen by the Indiana Bar Association and the Governor of Indiana to select judges to serve on the Indiana Circuit Court, Indiana Court of Appeals, and the...
who then submit the list to the Governor. The Governor then picks the new Justice from the list. If the Governor fails to choose a replacement within sixty days, the Chief Justice or the acting Chief Justice must do so. The Chief Justice is chosen by the Judicial Nomination Commission from among the sitting Associate Justices and serves a term of five years. The Chief Justice is appointed for terms of five years and presides over the court. When the position of Chief Justice becomes vacant the most senior member of the court serves as the acting Chief Justice until a new Chief Justice is chosen by the Judicial Nominating Commission. The Chief Justice also serves as chairman of the Judicial Nominating Commission.
Justices are appointed to a term that could potentially last for ten years. Once a new Justice is chosen, he may serve for two years before being subjected to a retention election
Retention election
A judicial retention election is a periodic process whereby a judge is subject to a referendum held at the same time as a general election...
held during the first statewide election after the Justice's completion of the Justice's second year in office. The Justice is listed on the ballot with the option to be retained or to be rejected from the court. If retained the Justice may serve out the remainder of his ten year term. After a term is completed, a Justice must be reappointed by the same process used to appoint him originally in order to remain on the court. A Justice can be impeached by a majority vote of both houses of the Indiana General Assembly for misconduct. It is mandatory for a Justice to retire at age seventy-five, even if their term is incomplete.
Qualification
The eligibility requirements to be nominated as a justice of the Supreme Court are established in Article Seven of the Indiana Constitution. The candidate must be a citizen of the United States and reside within the state of Indiana before being considered for the office. The candidate must also have been admitted to the practice of law in Indiana for at least ten years prior to their candidacy, or must have served as a judge of a circuit, superior, or criminal court of the State of Indiana for five years. The candidate cannot be under an indictment in any court in the United States with a crime punishable as a felonyFelony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
. The Judicial Nominating Commission must also ensure that they are the "most highly qualified public candidates" available.
Current Justices
| Name | Term Start | Term Expires | Position |
|---|---|---|---|
| Randall Shepard | September 6, 1985 | September 6, 2015 | Chief Justice |
| Brent Dickson | January 6, 1986 | January 6, 2016 | Associate Justice |
| Frank Sullivan, Jr. | November 1, 1993 | November 1, 2013 | Associate Justice |
| Steven H. David | October 18, 2010 | Associate Justice | |
| Robert Rucker | November 19, 1999 | November 19, 2009 | Associate Justice |
History
The Indiana Supreme Court was first established in 1816 when Indiana was granted statehood. The court replaced the General Court of the Indiana TerritoryIndiana Territory
The Territory of Indiana was an organized incorporated territory of the United States that existed from July 4, 1800, until November 7, 1816, when the southern portion of the territory was admitted to the Union as the state of Indiana....
that had consisted of a three member panel. The new Supreme Court held its first session in Corydon
Corydon, Indiana
Corydon is a town in Harrison Township, Harrison County, Indiana, United States, founded in 1808, and is known as Indiana's First State Capital. After Vincennes, Corydon was the second capital of the Indiana Territory from May 1, 1813, until December 11, 1816. After statehood, the town was the...
on May 5, 1817. The first Supreme Court was housed in a three room building
Corydon Historic District
The Corydon Historic District of Corydon, Indiana, United States, is listed on the National Register of Historic Places. It is also known as Indiana's First State Capital and as Historic Corydon...
it shared with the state legislature. Under the original constitution the Justices were appointed by the Governor and confirmed by the General Assembly after which they would serve a term of six years.
Isaac Blackford
Isaac Blackford
Isaac Newton Blackford was the second Chief Justice of the Indiana Supreme Court, the court's longest serving Justice, and among the longest serving jurists in the history of the United States. He wrote an eight volume work entitled Blackford's Reports recording all the early decisions of the court...
was appointed to the court in 1817 and became the second Chief Justice of the court. Blackford was the longest serving justice in the history of the court, serving 36 years, three months, and 24 days. He recorded all of the court's early decisions in a multi-volume work entitled Blackford's Reports that served for many years as a foundational text on the interpretation of state laws.
In 1824, the Supreme Court relocated to Indianapolis
Indianapolis
Indianapolis is the capital of the U.S. state of Indiana, and the county seat of Marion County, Indiana. As of the 2010 United States Census, the city's population is 839,489. It is by far Indiana's largest city and, as of the 2010 U.S...
, along with the rest of the state government. There the court shared space on the second floor of the Marion County
Marion County, Indiana
Marion County is a county located in the U.S. state of Indiana. Census 2010 recorded a population of 903,393, making it the largest county in the state and 55th most populated county in the country, greater than the population of six states. The county seat is Indianapolis, the state capital and...
Courthouse and the later in the Third Statehouse. In 1865, the court was given its own building on lot number one of Indianapolis where it remained until coming to reside at its present location within the fifth Indiana statehouse in 1888. The Supreme Court occupies the entire north wing of the second floor of the Indiana Statehouse.
In 1851, the Supreme Court was reorganized as part of the new state constitution. The position of Justices was changed from an appointed position to an elected one, judicial terms were changed to six years, and the court size was set at between three and five Justices. The court's three judges quickly became overwhelmed by the ever increasing caseload of the growing state and court was increased to four member in 1853 and five member in 1872. The court has remained at five justices since then. In 1867, the General Assembly transferred all the law books in the Indiana State Library to the possession of Supreme Court to begin the creation of a Supreme Court Law Library. The library grew into the primary legal library for the state and includes over seventy-thousand volumes.
The Supreme Court's case load continued to grow and in 1881 the General Assembly approved the creation of a panel of five commissioners to assist the Justices in their administrative tasks. Even this was not enough to handle the load and in 1891 the Appellate Court of Indiana was created to handle many of the cases of lower importance. At first the appellate court only took a small portion of the Supreme Courts caseload, but their responsibility was gradually increased.
In 1970, the court was again reorganized by a several constitutional amendments. The Appellate Court was made constitutional and renamed the Indiana Court of Appeals
Indiana Court of Appeals
The Indiana Court of Appeals is the intermediate-level appellate court for the state of Indiana. It is the successor to the Indiana Appellate Court.-History:...
. The new Court of Appeals allowed the Supreme Court to choose which cases it would hear, and which cases it would leave to the lower courts. The 1970 amendments also lengthened judicial terms to ten years and changed the limits on the size of the court by requiring a new minimum of five members and a maximum of nine. The method of selecting Justices was changed from being an elected office to an appointed office. The amendment also provided for the creation the Judicial Nominating Commission to choose candidates for the position of Justice, and the Justices were made subject to a retention election. The office of Chief Justice became permanent. The title rotated among the justice prior to this. In 2004, the General Assembly created the Supreme Court Division of Administration, legalizing and expanding the role of the clerks of the court.
Landmark cases
The court has heard various cases that have had a major impact on Indiana, and others cases that have set nationwide precedents. The first of these cases was Polly v. LassellePolly v. Lasselle
Polly v. Lasselle was an 1820 state supreme court case in the US state of Indiana where abolitionists attempted to free a slave from her master...
, an 1820 case that resulted in all slaves in Indiana being freed. In the 1823 case about the Fall Creek Massacre
Fall Creek Massacre
The Fall Creek Massacre was a slaughter of nine Indians of uncertain tribal origin in 1824 by white settlers in Madison County, Indiana. Seven white men participated in the crimes. Four were captured and charged with murder...
, State v. Hudson, the court upheld a lower court's finding that crimes committed against Native Americans
Native Americans in the United States
Native Americans in the United States are the indigenous peoples in North America within the boundaries of the present-day continental United States, parts of Alaska, and the island state of Hawaii. They are composed of numerous, distinct tribes, states, and ethnic groups, many of which survive as...
were punishable under American laws, leading to the first execution of a white man for crimes against natives.
In Falkenburg v. Jones, an 1889 case, Indiana became the first state to establish the right for a defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
to obtain court records free of charge. In the 1909 case of Woessner v. Bullick, the principle was established that the court could invalidate a governor's veto if proper veto procedures were not followed, and in effect ruled the pocket-veto to be unconstitutional. The state was among the first to adopt an Exclusionary rule
Exclusionary rule
The exclusionary rule is a legal principle in the United States, under constitutional law, which holds that evidence collected or analyzed in violation of the defendant's constitutional rights is sometimes inadmissible for a criminal prosecution in a court of law...
, established in the case of Callendar v. State, held in 1917, by preventing illegally obtained evidence from be submitted in court. William v. Smith, a 1921 case, overturned the Indiana's eugenics
Eugenics
Eugenics is the "applied science or the bio-social movement which advocates the use of practices aimed at improving the genetic composition of a population", usually referring to human populations. The origins of the concept of eugenics began with certain interpretations of Mendelian inheritance,...
laws, the first of their kind in the nation.
See also
- List of Indiana Supreme Court Justices
- Indiana Court of AppealsIndiana Court of AppealsThe Indiana Court of Appeals is the intermediate-level appellate court for the state of Indiana. It is the successor to the Indiana Appellate Court.-History:...
- Constitution of IndianaConstitution of IndianaThere have been two Constitutions of the State of Indiana. The first constitution was created when the Territory of Indiana sent forty-three delegates to a constitutional convention on June 10, 1816 to establish a constitution for the proposed State of Indiana after the United States Congress had...
- Government of IndianaGovernment of IndianaThe government of Indiana is established and regulated by the Constitution of Indiana. The state-level government consists of three branches, the judicial branch, the legislative branch, and the executive branch. The three branches balance share power and jointly govern the state of Indiana...
- Courts of IndianaCourts of IndianaCourts of Indiana include:State courts of Indiana*Supreme Court of Indiana**Indiana Court of Appeals ***Indiana Tax Court***Indiana Circuit Courts***Indiana Superior Courts...