Supreme Court of Indiana - Organization and Jurisdiction

Organization and Jurisdiction

In 2008 the Court consisted of one chief justice and four associate justices, the constitutional minimum; however, the Indiana General Assembly may increase the number of associate justices to a maximum of eight for a total of nine court justices. A board of five commissioners assists the Court in its administrative duties. Commissioners are nominated by the Judicial Nominating Commission and appointed by the governor. The Court offices and chambers are located on the third floor in the north wing of the Indiana Statehouse. The Court maintains a large legal library on the third floor that is open to the public.

The Court has no original jurisdiction in most cases, meaning that it can only hear cases 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 hear the case or enforce the lower court's decision. If the parties still disagree with the outcome of the case, they can appeal the decision to the Indiana Supreme Court. The Court can choose to hear the case and possibly overturn the previous judgment, or it can decline to accept the case and uphold the decision of the lower courts.

The Supreme Court of Indiana 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 a case, it reviews the documentation of the trials in the lower court and sometimes allows oral arguments before making a decision. In some cases the justices will issue a decision without hearing arguments from either side and will base their decision solely on evidence submitted in the lower courts. The Court can order a new trial to take place in the local court, overturn the decision of lower courts and enforce its own decision, or uphold the decision of lower courts.

The 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 Indiana Supreme Court, the Court of Appeals, and the Tax Court. It then sends three nominees 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, which is attended by all of the state's judges, and recommends improvements to the Court and state judiciary. The Court is also responsible for implementing all laws passed by the Indiana 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. In addition, the division is responsible for maintaining the Court's records and assists in its administrative functions.