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.

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 judgesClemency and PardonsDepartment of CorrectionsParole HearingsPublic Policy to heighten public awarenessAppointments 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 circuitSuperior and county courts added with growthCity 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 capitalLocated in southern Indiana close to KY borderConstitution written in JuneIndiana 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 ConstitutionJudicial branch organized in Art 7Created only Supreme & Circuit courts; Legislature was authorized to create other courts as neededSupreme 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 courtCourt may be increased from 4 to 8 associate justicesChief Justice chosen by a Judicial Nominating Committee for a 5 year termAppellate 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.