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Friday, October 20, 2006

Ind. Courts - Eight Questions for the Indiana Appellate Judge - Q #4: oral arguments

Earlier this month the ILB sent, to the five Courts of Appeals judges and one Supreme Court justice who are on the November 7th ballot for a "Yes/No" vote on retention, a set of "Eight Questions for the Indiana Appellate Judge."

I am publishing the responses here in the ILB (in no particular order) and as I do, I will also add the answers to the "Resources for the 2006 Indiana Appellate Judicial Retention Election" website.

In response to the publication of Q&A #3, I received this note this morning from an attorney reader:

Interesting how-to question, but who answered it? Is it the collective answer of the appellate judges? Did you compile the best answer from their responses?

Doesn't sound like the Q&As from the various advocacy groups - and I did not expect that. Will be interesting to read the other questions and answers.
The answer: The judges decided to submit a collective response to each of my questions. I will post my original email to the judges, including the list of eight questions, shortly.

Here is Q&A 4 - about the oral arguments:

Q. Readers can watch online a few of your 3-judge panels hearing oral arguments. Do you have oral arguments in all cases? What percent? How do you decide that an oral argument is needed? Some of your oral arguments are held outside the Statehouse, in various locations around the State? Tell use about this - is it a new practice? How often do you schedule arguments are various locals? How to get on the list?

We do not hold oral argument in all cases. Indeed, in recent years we have held oral arguments in approximately five to ten per cent of our cases each year. In 2005, we held oral arguments in eighty-four cases out of the 2,350 cases which we decided by majority opinion. The relatively low number is the result of two factors: First, although a majority of the oral arguments requested each year are granted, oral arguments are requested in only a small percentage of cases. Second, the time commitment required by an oral argument must be balanced by the demands of a continually mounting caseload.

If an oral argument is requested by one of the parties, the request will be ruled upon by the three-judge panel to whom the case is assigned. In some cases the panel will set a case for oral argument on its own motion. In deciding whether to an oral argument on any particular case, judges will consider a number of factors including whether there are issues in a case that were either not raised or were not fully developed in the parties’ briefs and whether there has been a change in the applicable law since briefing was completed.

We have held oral arguments around the state for a number of years. Indeed, earlier this year the Court was recognized by St. Mary of the Woods College for holding oral arguments there for twenty-four consecutive years. The practice of holding oral arguments around the state has been significantly expanded since the Court celebrated its one hundredth anniversary as a permanent court in 2001. That year, as part of our Centennial celebration, we held oral arguments in every part of the state, and we decided to try to visit each county in the state at least once every three years.

Our court remains committed to holding oral arguments throughout our State. In addition to the educational opportunities which the arguments provide for students and the general public, they afford us the opportunity to meet with local bar associations and judges and discuss mutual concerns. If anyone would like to host our court for an oral argument, we would welcome the opportunity. Readers should feel free to contact our Court Administrator, Steve Lancaster, to make arrangements.

As it happens, the ILB has just checked the calendar and sees that the Court of Appeals will be holding oral argments in West Lafayette next Monday:
WEST LAFAYETTE - The Indiana Court of Appeals will hear oral argument in the case Filip v. Block on Monday, October 23rd at 10:30 a.m. at the University Place Retirement Community in West Lafayette. A three-member panel of Chief Judge James S. Kirsch, Judge Patricia A. Riley, and Judge Margret G. Robb will hear the case on appeal from Starke County.
and in Vincennes next Tuesday:
VINCENNES - The Indiana Court of Appeals will hear oral argument in the case Hamilton v. Prewett on Tuesday, October 24 th at 11 a.m. CT in the auditorium of the Shircliff Humanities Building on the campus of Vincennes University. A three-member panel of Judge John P. Baker, Judge Edward W. Najam, Jr., and Judge L. Mark Bailey will hear this civil case on appeal from Daviess County.

Posted by Marcia Oddi on October 20, 2006 01:45 PM
Posted to Indiana Courts