To the Bench, Bar, and Public:
The Indiana Supreme Court seeks public comment on the following proposed amendments to the Indiana Rules of Court.
Access to Court Records Rule 5
The proposed amendment to Access to Court Records Rule 5(A) would exclude from public access an entire case that the clerk has opened under the wrong case type. The proposed new commentary explains the process for the clerk to get permission from the court to make the case confidential and explains that this process is not available to parties.
Administrative Rules 5 and 5.1
The proposed amendment to Administrative Rule 5 would clarify that a senior judge appointed by a judge serves subject to the Code of Judicial Conduct, has the same authority as the appointing judge, and has authority to perform marriages/administer oaths. The amendment also would delete (C) and move to proposed new Administrative Rule 5.1.
The proposed amendment would create new Administrative Rule 5.1 on notice of commencement or termination of term in office by judges and prosecuting attorneys. The proposed new rule is from current Admin. Rule 5(C).
Trial Rule 74, 79, and 81.1
The proposed amendment to Trial Rule 74 would require all courts (including city and town courts) to record hearings in all case types, prohibit recording through shorthand or stenography, and delete provisions covered in other Rules or statutes.
The proposed amendment to Trial Rule 79(J) would align the rule with changes made to the senior judge program (appointing senior judges as available across the state) and Administrative Rule 5.
The proposed amendment to Trial Rule 81.1 would preclude guardianship case types from being given a common case number under the family procedures case consolidation because having a separate “GU” case type for each protected person is necessary for the case to be accessible in the guardianship registry.
Professional Conduct Rule 6.7
The proposed amendment to Professional Conduct Rule 6.7 would broaden pro bono reporting requirements to include pro bono legal service to public service or charitable groups or organizations, consistent with Rule 6.1.
The Court invited public comment on the proposed amendments until February 6, 2023 at 12:00 p.m. (Eastern), and the comment period is now closed.