Americans with Disabilities Act and the Code of Judicial Conduct

The focus of this article is on the Americans with Disabilities Act (ADA) and the obligations of judges to all persons who use court services and who need accommodation to do so.
The United States Department of Justice (DOJ) for many years has made enforcement of the ADA a major priority. A significant part of [...]

What Indiana Trial Judges Need to Know about the Affordable Care Act

County contracts and programs govern health care benefits for trial court employees. However, trial court judges in their roles as employers should still know some key things about the Patient Protection and Affordable Care Act of 2010, Pub. L. No. 111-148 § 5505, or “Obamacare,” but most commonly referred to as the Affordable Care Act [...]

Dealing with the Difficult Employee

Martin has been working as a probation officer for seventeen years during which time he provided good to commendable service to the court. He and Judge Edwards have seen a lot together and are very comfortable with each other. However, lately all is not well with Martin, and no one knows exactly what [...]

Should You Have an Employee Handbook?

If a court employee sues regarding a condition of employment, the proper defendant can be the judge of the court, the state, the county or any combination of these depending upon the cause of action. There are counties with excellent employee handbooks and counties whose handbooks are deficient. Even if the court’s county [...]

When the Honorable Judge Has Been Served…Send it to me!

The unpleasant day might arrive when a summons or a notice arrives that names a judge as a defendant. Do not fret, just send it to me! There are four primary types of notices or summons that may land on a judge’s desk: unemployment claims, discrimination charges, notice of tort claims and [...]

When Only the Best Will Do (Part Two)

Editor’s Note: This is the second of a two-part article by the author about hiring new employees. The first part appeared in the Court Times JULY/AUGUST issue.
Ah, what a joy it is to write about hiring a good employee, rather than disciplining an employee for poor performance. Time spent hiring the right employee is [...]

When Only the Best Will Do (Part One)

Lawsuits related to employment issues in the United States have reached a record high. Employment laws and regulations are both ever-changing and ever-increasing creating unintentional traps for the unwary employer. In the employment arena, judicial immunity does not exist. One of the best ways for a judicial employer to avoid litigation is [...]

Employee Handbooks: Neither Fish Nor Fowl

The legal status of court employees is both unique and confounding. A myriad of statutes require the counties to provide space and funding so that the courts may operate. The circuit and superior courtrooms are the showpiece of most county facilities. The healthcare and pension benefits provided to court employees are the [...]

The Employee With Two Hats

The Court family has been proud to have representatives in active military service for our country through the wars and military operations that have unfolded in the Middle East. The newest Justice of the Supreme Court, Steven David, had a long and highly honored military career with exemplary service as the Chief Public Defender [...]

Performance Appraisals… To Do or Not To Do?

Experts on employee management are divided regarding whether employers should conduct annual performance appraisals of staff.   Judging by the show of hands at the recent Judicial College seminar on office management, Indiana’s judiciary is also divided in its use of performance appraisals.  The purpose of this article is to succinctly set forth the pros [...]

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