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.