The Judicial Conference of Indiana is charged with the development of a standard Presentence Investigation Report to be used by all courts in Indiana. [IC 11-13-1-8(b)(4)] The purpose of developing a standard PSI is to provide the judge with complete and consistent information about the case, enhancing the court’s ability to hand down an appropriate sentence. Once the sentence has been entered, the PSI becomes the cornerstone of a correctional plan. Information from the PSI, along with the risk assessment instrument provides some of the fundamental information used to identify criminogenic needs and developing individualized case plans for offenders sentenced to institutional or community supervision.

The implementation of the new PSI/Abstract of Judgment INcite application will solve three specific problem areas.

Problem One

Probation officers do not have access to completed PSI reports on a statewide basis. They work independently from county to county when they prepare each PSI. Thus, one probation officer does not know if another probation department has already prepared a PSI for the same defendant or is in the process of preparing a new PSI for that defendant for a different criminal case. Although some officers do share PSI reports between departments or between counties, many do not. A great deal of research goes into each PSI report and often this research is done multiple times by multiple officers.

Problem Two

Frequently, the Department of Correction does not receive the information about an inmate in a timely manner from the courts. This information required by DOC includes the PSI, Sentencing Order and Abstract of Judgment following the sentencing hearing or a hearing on a revocation where the court has ordered a commitment of the defendant to the DOC. This delay prevents DOC from processing the defendant at intake, necessitating that DOC staff contact the courts and probation departments to track down the paperwork.

Problem Three

At times, the DOC has to seek additional information from the court because the Sentencing Order or the Abstract of Judgment is ambiguous or does not contain information required by DOC.

Automating the standard PSI form and making it available to all who need to work with it would solve each of the three problems described above. Thanks to the work of the Probation Officer Advisory Board and the Judicial Conference Board of Directors, a new PSI report has been approved and it will be incorporated into INcite. JTAC conducted testing of the first release containing the PSI functionality in October and anticipates the application will be ready for statewide deployment in November of 2011. The Judicial Conference Board of Directors will require all probation departments to utilize the new INcite PSI application when available.

The Crooner Judge. Judge Heath was encouraged by his wife to take up singing.

This is the sixteenth of our Court Times articles that highlight up close and personal a member of the Indiana Judiciary. Allen County Superior Court Judge Daniel G. Heath is our judge featured in this issue. Following his graduation from Indiana University-Bloomington, he entered the graduate program in the School of Public and Environmental Affairs (SPEA) but determined after one year that it was not for him and returned to Fort Wayne. He worked at Lincoln Bank as a collector, a manager, and then a loan officer before following his passion for the law and entering the Toledo University College of Law.

After one year, and the birth of their first child, Dan and Patricia and their new-born son, Andrew, moved to Indianapolis where he transferred to Indiana University School of Law–Indianapolis to attend classes at night. He clerked for Judge Patricia Gifford, interned in the Indiana State Senate, clerked for Judge John Mowrer, and worked for the Indiana State Republican Party. He also spent two years working for then Lt. Governor John Mutz as an Administrative Assistant.

Listen to a snippet of Judge Heath singing “New York, New York”
(written by Fred Ebb, John Kander).

After graduating from law school, the Heath family returned to Fort Wayne and Dan accepted a job as District Representative for then Congressman Dan Coats where he managed his congressional office and his successful 1986 re-election race. In 1987, Paul Helmke asked him to manage his race for Mayor of Fort Wayne. After the election, he spent a year as Mayor Helmke’s Chief of Staff and Safety Director. Dan then decided to run for Congress after Congressman Quayle was elevated from the U.S. Senate to Vice-President and Dan Coats became US Senator. He was narrowly defeated in the 1989 Special Election and, for the first time, went into private law practice. He spent seven years in the practice of law before deciding to run for judge in 1996. He was elected in November of 1996 and re-elected in 2002 and 2008.

Dan is married to Patricia Taube Heath, who has degrees in accounting and education and who he describes as the family anchor. They have three children: Andrew, Ryan and Sarah. Andrew is an attorney who resides in Wilmington, North Carolina with his wife, Kristen and their new baby born last May—the first grandchild for Dan and Patricia. Ryan earned his undergraduate and master’s degrees in economics from Columbia University in New York. He is applying for the PhD program and is currently employed by the university. He and his wife, Aubrey, are expecting their first child in December. Sarah and her husband, Austin, are both teachers in the Fort Wayne area.

What do you like most and least about being a trial court judge?

What I like most is the opportunity to provide lawyers and their clients the very best service that we can give them in terms of efficiency, opportunity, quality research and thoughtfulness. I know that it is a great opportunity to show the public that our judicial system is doing it’s very best. What I like the least is watching a lawyer work his heart out for his clients only to lose the case because the facts and law just aren’t favorable to his case.

What was your major in college and why did you decide to study law?

I majored in Political Science and minored in History. I decided to study law after I took business law class my junior year as an undergraduate. I found it very interesting and my interest hasn’t waned in all these years!

What would you do if you were not a judge?

I think I would have really liked to have been a college professor. I’ve taught business law classes over the years and really enjoy the interaction with students.

Who are the people you most admire?

I enjoy reading biographies and I learned through these readings to really admire Churchill, Washington and Lincoln. Of course, everyone admires them, but I really wanted to learn more about them through a number of biographies. I find that the more you learn about the struggles of others the more thankful you are for what you have.

What are your hobbies or favorite leisure activities, and how did you first get involved?

I got quite into music almost by accident. My wife often encouraged me to sing. So I did a little recording for her for our 22nd anniversary. From that came a CD for charity, followed by singing gigs with a tremendous jazz orchestra, then the formation of my own jazz ensemble. Since my children have grown, I play around the Midwest with my jazz ensemble about 20 or more weekends each year. I’ve also studied guitar for the past five years and play with a trio about once a month. I’ve also studied music theory on my own which has allowed me to write my own compositions.

What are your favorite books, and have you read any recently, or are reading now, that you would recommend?

My favorite book, hands down, is Anna Karenina. I like the classics and classic Russian authors like Tolstoy. The English classic authors, like George Eliot (real name Mary Anne Evans), are also tremendous writers. I just read Washington: A Life by Ron Chernow and I liked it very much, given the great new research that was done for the book. I also just read As I Lay Dying by William Faulkner.

Where did you grow up and how would you describe your childhood?

I grew up on a dairy farm north of Fort Wayne near the small town of Leo-Cedarville. My childhood was filled with a lot of work on the farm, but a lot of fun as well. I have great memories of summers spent on the farm. I had a twin brother to play with and nice older and younger brothers as well. No sisters allowed!

Do you have a favorite quote(s)?

My favorite quote is by Lincoln: “I will study and get ready, and perhaps my chance will come.”

Where is your favorite vacation spot?

I guess I’d have to go with Siesta Key, Florida. You can’t beat the beach there!

Do you have a favorite meal, recipe, and restaurant?

My favorite meal is blackened salmon with blue chess melted all over it. Throw in a baked potato with sour cream and butter and a good Shiraz and I’m in heaven! For my favorite restaurant, I’d have to go with Maggiano’s Little Italy in Chicago. It has great atmosphere. By the way, the Maggiano’s in Indianapolis is very good as well.

Proponents of this sentencing practice argue that requiring a defendant to make a charitable contribution more effectively forces the defendant to accept responsibility for his or her actions. One minority view is found in State v. Peiger, 692 A.2d 1273 (Conn. 1997), in which the Connecticut Supreme Court affirmed a defendant’s sentence which included a condition that he make a $2,500 contribution to the hit-and-run victim’s treating hospital. The court noted that the contribution was “an effective rehabilitative penalty because it force[d] the defendant to confront, in concrete terms, the harm his actions have caused” and likely would affect him differently than a “traditional fine, paid to the State as an abstract and impersonal entity.” Id. at 1278.

Former Indiana Court of Appeals Chief Judge Wesley Ratliff, however, viewed the issue differently. In Ratliff v. State, 596 N.E.2d 241, 243 (Ind. Ct. App. 1992), the Indiana Court of Appeals determined a trial court judge did not err when he ordered two defendants to make contributions to a charity of their choice as they had agreed to do in their plea agreements. Chief Judge Ratliff (no relation to the defendant) reluctantly concurred, reasoning the defendants could not propose the charitable alternative in their plea agreements and then later claim error. Id. at 244. Nonetheless, he warned that, “But for the invited error rule, I would not concur, because I see a great potential for mischief in permitting a criminal defendant in effect to buy his way out of trouble by making a charitable contribution….Therefore, I believe plea agreements proposing a charitable contribution in lieu of penalty should not be accepted.” Id.

Judicial ethics committees and judicial conduct organizations that have weighed in on the matter have echoed Chief Judge Ratliff’s concerns and urged judges to discontinue such sentencing practices. See “Charitable Contributions as Part of a Sentence,” Judicial Conduct Reporter, Vol. 21, No. 4 (Winter 2000). In 1986, the Indiana Commission on Judicial Qualifications expressed its disapproval of a plea agreement that required a defendant to contribute to a county victim fund in lieu of paying a fine. (Ind. Adv. Op., December 16, 1986). The Commission “likened the practical effect of this sentencing practice to a ‘payoff’ in order to receive decisional favor.” See Ratliff, 596 N.E.2d at 242; see also Campbell v. State, 551 N.E.2d 1164, 1171-72 (Ind. Ct. App. 1990) (Sullivan, J., dissenting).

In Public Warning of McDougal (Texas, June 30, 1999), the Texas Commission on Judicial Conduct issued a public warning to a judge who had given traffic defendants the option of making donations to a private charity in exchange for dismissal of their tickets. By agreement with the city attorney, the judge routinely advised defendants during arraignment that the city attorney could offer them a plea bargain to make a donation to a charity of the city attorney’s choice in exchange for a dismissal of their tickets. The judge was aware that in virtually all cases the city attorney selected the city public safety committee as the designated charity, which was an organization that assisted in providing services and contributions to the city’s police department. The Texas Commission found that each time the judge granted a motion to dismiss he implicitly approved the city attorney’s selection of the public safety committee and risked creating the public perception that the police department was in a position to influence him. Id.

In addition to those scenarios, other ethics committees have disapproved of judges requiring a defendant to make a charitable contribution directly as part of a sentence (Florida Adv. Op. 84-11, 87-6; Missouri Adv. Op. 172 (1998)); as an option in lieu of performing community service or paying a fine (Michigan Adv. Op. JI-48 (1992); Missouri Adv. Op. 180 (2002); Kansas Adv. Op. JE-108 (2001) but cf. Campbell, 551 N.E.2d at 1169 and Ratliff, 551 N.E.2d at 243); as a condition of community supervision (Texas Adv. Op. 241 (1999)); or as an option for paying a civil contempt citation (Hawaii Adv. Op. 01-1).

Typically the rationale for these advisory opinions is that such sentencing practices violate ethical rules prohibiting judges from organizational fundraising and are inconsistent with a judge’s duties to avoid the appearance of impropriety and to not abuse the prestige of office to advance other’s private interests. Id. A Missouri judicial ethics committee additionally reasoned that providing defendants with the option of making a charitable donation in lieu of community service potentially could have a disparate impact and result in “unfair justice” because only wealthier defendants would have the ability to buy out the community service term. (Missouri Adv. Op. 173 (1999).

So what should a judge do when faced with a situation in which the parties propose that the defendant make a charitable contribution instead of receiving some other penalty? My best piece of advice is to refer the parties to the advisory opinions in this area in the hopes that they will see that agreeing to a charitable donation as a sentence alternative rarely is a wise idea (in fact, it is almost never a good idea).

If that doesn’t alleviate the problem, then the judge should look carefully at the proposed term and consider the potential ethical ramifications. Is the amount of the donation particularly significant? Did the defendant have the option as to where the donation should go? Is the charitable donation reasonably related to the crime committed and, thus, arguably could further defendant’s rehabilitation? Does the prosecutor, the court, law enforcement or a related office have an interest in the charity or could benefit from the gift? What penalty is the donation in lieu of? Will acceptance of the agreement lead to public distrust of the court system? After that analysis, the judge also might want to consult with several judicial colleagues on the trial bench (or staff for the judicial qualifications commission) about the propriety of the proposed disposition. If the judge finds that his colleagues raise their eyebrows, then he has a pretty good idea as to what the public, appellate court, and judicial qualifications commission also might think.

In the end, the prudent judge who wants to avoid the ethical heartburn that arises with these situations likely will come to the following conclusion—when it comes to the judge’s sentencing orders, charity is better left at home.

If any judge needs consultation regarding the subject of this article or any other matter involving judicial conduct, contact the author at 317-232-4706 or adrienne.meiring@courts.in.gov.

Effective July 1, 2011, the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA) became law in Indiana. Under the UAGPPJA, if an out-of-state court requests assistance in a guardianship or protective proceeding, an Indiana court has jurisdiction for the limited purpose of granting the request. The assistance may range from holding an evidentiary hearing to issuing an order authorizing the release of medical, financial, criminal, or other relevant information. When a court receives a request for assistance under UAGPPJA, the clerk must assign a GU (guardianship) case designation to the case. The clerk should charge the standard GU fee because the relief sought is analogous to an in-state guardianship proceeding.

Confidentiality of Summons in Mortgage Foreclosure Cases

New legislation for mortgage foreclosure (MF) cases requires that the debtor’s address on the summons must be confidential under some circumstances. [I.C. 32-30-10.5-8(d)] If a creditor files an action to foreclose a mortgage, the debtor’s mailing address must be omitted from the summons if “the last known mailing address of the debtor (on the creditor’s records)…is other than the address of the mortgaged property.” [I.C. 32-30-10.5-8(b)(2)]

Such a last known mailing address is declared by the new legislation to be confidential under I.C. 5-14-3-4(a)(13). Because this address must be used on the summons, Indiana’s green paper rule, which governs the treatment of confidential information, requires that it be omitted from the summons and set forth on a separate accompanying document on light green paper. [Ind. Trial Rule 5(G)(2)] This separate accompanying document can be provided to the sheriff and returned to the confidential file following service. Clerks should now advise creditors filing MF cases to follow the green paper rule submit the summons on green paper when the last known mailing address of the debtor on the creditor’s records is not the address of the mortgaged property.

New Chapters Added to Administrative Manual

Three new chapters have been added to the Indiana Trial Court and Clerks’ Administrative Manual. The first two deal with requests concerning criminal records: Expungement of Adult Arrest Records and Juvenile Records and Restricting Access to Certain Criminal History Records. Although the Expungement chapter does not break new ground, the chapter on restricting access to certain criminal records concerns the authority of courts to limit access to criminal history information as a result of the passage of Public Law 194 in the 2011 session of the Indiana General Assembly. Please see the article addressing this legislation in this issue of Court Times. A third new chapter, Protocol for Transfer of Records When Court Abolished, explains procedures to follow when courts of record are abolished.

In recognition of her professional and personal accomplishments, Chief Judge Margret G. Robb of the Court of Appeals of Indiana was awarded the 2011 Antoinette Dakin Leach Award by the Indianapolis Bar Association’s Women and the Law Division on October 5, 2011 at its “Women, Law & Leadership Symposium.” The award was established to honor outstanding women in the legal profession and is named for one of the first female lawyers in Indiana. The Antoinette Dakin Leach Award is presented only when the Division deems a worthy candidate exists.

Fairbanks Hospital in Indianapolis, Indiana presented the Richard M. Fairbanks Circle of Hope Award to Indiana Supreme Court Chief Justice Randall T. Shepard. The award honors individuals or organizations for outstanding contributions related to addiction research, education or treatment. The Chief Justice was specifically cited for the creation of drug courts and the Indiana Judges and Lawyers Assistance Program (JLAP).

Copywriter Monica Freeman and her fiancé Preston Holb, a Financial Analyst, used JTAC's new online marriage license application in late May. After using the new system, Monica used Twitter to spread the word.

On Friday, May 27, Monica Freeman and her fiancé Preston Holb walked into the Allen County Clerk’s Office to apply for a marriage license. But it wasn’t business as usual, because the Clerk’s staff didn’t ask for their dates of birth, where they were born, or even their mothers’ maiden names.

Have Indiana’s requirements to obtain a marriage license changed? No, the couple used a new Online Marriage License Application developed by the Indiana Supreme Court’s Judicial Technology and Automation Committee (JTAC).

The day before visiting the Clerk’s Office, Monica and Preston entered most of the required information for the license application into the new online system that was piloted by four Indiana counties. This reduced the amount of time they had to spend at the courthouse, and they were on their way, marriage license in hand, in just minutes.

“I think this is a great service to have online,” Freeman said, “especially as more and more people of our age group—who are so comfortable using computers—are starting to get married.”

According to Allen County Clerk Lisbeth (Lisa) Borgmann, “The staff was very excited and said the process worked great!” Allen County was the first county to use the new pilot application on the same day they began issuing licenses electronically.

For four years, the Supreme Court’s INcite web portal, developed by JTAC, has allowed clerks to create and store marriage licenses electronically. The new public marriage license application has essentially put the data entry responsibilities into the hands of applicants, like Freeman and Holb, reducing both the time clerks spend processing applications and the time applicants have to spend in the Clerk’s Office. INcite also allows clerks to submit data electronically to the Indiana State Department of Health (ISDH) for all completed marriage licenses, which greatly reduces paperwork and mailing costs in clerks’ offices and data entry at ISDH. Before adopting INcite and the Online Marriage License Application, Allen County processed marriage licenses entirely on paper.

The pilot program also included Hancock, Tippecanoe and Vanderburgh Counties. Couples living in any of the pilot counties (or out-of-state couples planning to marry in one of the pilot counties) could begin a marriage license application online beginning May 1. On June 10, the pilot ended and the online application became available to all Indiana counties that use INcite to process marriage licenses. As of August 1, 2011, 60 counties offer the online application to couples planning to marry.

The Holbs were married in June and celebrated their wedding reception at the historic Allen County courthouse.

How It Works

The Online Marriage License Application allows couples to enter most of the information they would otherwise have to provide in person at the Clerk’s office. For example, applicants can enter their names, addresses, dates of birth, information about previous marriages and their parents’ information. This information is required by statute and collected on the application for genealogical purposes.

“I was a little intimidated by the process at first, but it was incredibly easy…”

“I was a little intimidated by the process at first, but it was incredibly easy and simple,” Freeman said. “We weren’t expecting much, since it was a government system, but it looked really nice, and it was smooth and easy to use.”

The program allows the applicants to enter the information at their own pace at home or using any computer with Internet access. Once they begin an application, they can save and return to it using a secure “license key” (a unique, numeric code). This process provides applicants the flexibility and time to gather information for some of the application questions which are not necessarily intuitive, such as the state where each parent was born or the ZIP code on parents’ addresses.

JTAC developers took special precautions with the security aspect of this application because people can use shared or public computers to submit their applications. Once information is saved on the first page, each subsequent page shows the secure license key the couple may use to return to their application, as well as a five-minute countdown timer that shows when the page will expire. If they need more time, applicants may click a button to add time in two-minute increments. If the page expires before they add time or save their work, the couple will not be able to retrieve their application, and they must begin again. This minor inconvenience is balanced by the critical importance of securing the personal information being entered and removing any opportunity for others to access the information.

Applicants still need to complete the marriage license transaction in person at the Clerk’s office. There, they must provide their social security numbers [required by IC 31–11–4–4(d)] and valid identifications to prove their identities and dates of birth, and they must answer a series of questions that the clerk is required by law to ask.

The public Online Marriage License Application can be found at courts.IN.gov/marriage.

The Running Judge. Judge Todd enjoys running and walking along the Ohio River, which is just 2 1/2 blocks south of the Jefferson County courthouse.

Where did you grow up and how would you describe your childhood?

I grew up in Three Rivers, Michigan, a small town about twenty-five miles south of Kalamazoo. I was the oldest of three boys. My mother was a Registered Nurse and my father a carpenter and contractor. We had a cottage at nearby Corey Lake where we spent most summers and two winters. It was a happy childhood. I learned to swim when I was four.

I became intrigued with the law when our family got involved in a silly yet bitter line fence dispute with our neighbors at the lake. It was the first time I realized there were jobs where you could read, write, talk, and make a living doing so.

At an early age my brothers and I began working with our dad building houses. By the 10th grade it was obvious to both my father and I that my future probably belonged in some other craft. In the 11th grade I got a job after school working in retail clothing, and kept that job through my senior year. Then, seeing an ad in the paper, I applied for and got a dream job for the summer as a line boy at the local airport. I was paid half in money and half in flying lessons. I worked six days a week and got to take flying lessons on my day off. I soloed a plane (a tail-dragger) when I was seventeen.

What was your major in college and why did you decide to study law?

When I entered Wabash College in the fall of 1957, my first faculty advisor, Dr. Wendell Calkins, helped me decide, and I ended up with a major in English Literature and a minor in Philosophy.

I found philosophy the most helpful for law school for one simple reason: many of the great philosophers had important matters to teach, but to the uninitiated it didn’t seem they explained their thoughts very clearly. When I went to Duke Law School (a beneficiary of geographical affirmative action) I learned the same was true of much legal writing. Having already learned that you usually have to read something more than once or twice to really understand what the author is saying, I was able to put that training to good use.

One thing that most English Literature majors have in common is a belief that life is often more easily understood through a series of stories than it is by the use of calculations and measuring devices. I find this view works well with the law, especially as it is practiced in the trial courtroom. Most cases are like short stories, hinging on a few apparently coincidental events that affect the parties; how the parties react to those events tells the tale.

What would you do if you were not a judge?

At times in my life I have wanted to become a cowboy, an architect, an airline pilot, and a professor of English Literature. My present pipe dream is, when I am no longer a judge, to rent a small office in downtown Madison with the words, “Ted Todd – Philosopher – Hours by Appointment” on the door. At one time, like many English majors, I fancied writing The Great American Novel. Reality has set in on that one. I might, however, take a stab at The Great American Haiku. It appears nothing much has been done in that area since Ezra Pound.

What do you like most and least about being a trial court judge?

I enjoy both jury trials and bench trials, watching the story develop and trying to discover what testimony provides wheat and what chaff. Not always an easy task, but I think most of us get better at it with practice.

I dislike the reality of being often rushed, and am frustrated that we many times lack the time or resources to adequately get the whole story and the best answer. I also find the administrative tasks that go with the job to be not only time consuming, but tedious.

Who are the people you most admire?

My parents, by the value they placed on working with pride at your craft, whatever that craft may be, and how important that is to a person’s self worth. This was taught more by example than by precept.

In history, I admire the founders of our republic; in law, Abraham Lincoln; and in fiction, Atticus Finch.

What are your hobbies or favorite leisure activities, and how did you first get involved?

Learning to fly as a young person made that something I enjoyed for many years. However, it is something you need to do with great regularity in order to maintain the proficiency required to do it safely. Lacking the time to do that, I gave it up at about the same time our three children became too large to sit together in our plane’s back seat.

I was about forty when the local newspaper decided to sponsor a 10K foot race in connection with the Madison Regatta weekend. I then began a six month training program, adding a mile a month, and finishing. No winner’s laurel wreath, but not last either. Many races followed over many years, including four marathons between ages fifty-one and sixty-three. I now run only slightly faster than I walk, but age has allowed me to accept that pace.

My present hobby is finding out what funny things my seven grandchildren have done recently. Once, when my wife Marni told one of them that grandpa thought something they had done was funny, she replied, “Grandpa thinks everything we do is funny.” True.

What are your favorite books, and have you read any recently, or are reading now, that you would recommend?

I enjoy reading almost anything in American history, and you can seldom go wrong working through a good list of “Classics.” There is usually a good reason a book is called a classic.
I recently read all of the Harry Potter books, made necessary in order to keep up with a couple of my grandchildren. I found these stories, like Huckleberry Finn and To Kill a Mockingbird, to be great reads for both children and adults.

Another recently read book I strongly recommend is The Kite Runner, by Khaled Hosseini. Like many good novels, it gives insight into another culture while at the same time affirming the universality of the human condition.

What are your favorite vacation spots?

The Outer Banks of North Carolina and Paris, France.

Do you have a favorite meal, recipe, and restaurant?

No particular favorite, but I am proud of my ability to make good chili on a cold fall or winter day.

Do you have any favorite quotes?

Three come quickly to mind:

Everything should be made as simple as possible, but not simpler.

—Albert Einstein

You’ll do fine as a judge if you just remember one thing: you’re only playing a different role in this comic opera.

—Judge Joe Hensley
My predecessor in title, former law partner, and good friend

People find it far easier to forgive others for being wrong than for being right.

—Albus Dumbledore
Headmaster at Hogwarts, Harry Potter’s School

Thefirst task is to take a fresh look at the position when an opening occurs. Rather than just hiring someone, consider whether you want your staffing to continue as it is now, or whether you need a different configuration for the most effective use of your staffing dollars. For example, do you want to hire another court reporter or a court reporter who can also serve as an office manager? After what is needed has been determined, a job description should be prepared for that specific position. A job search should never be conducted until the job description has been thought out and prepared.

The job description needs to set forth the minimum educational, experience and skills qualifications. Most job descriptions also add qualifications that are not required, but are preferred. Consider whether the position is one that is exempt from the Fair Labor Standard Act (FLSA) or non-exempt. For most court employers, this is a relatively easy task as there are few exempt positions in the court. Unless the court employee supervises several persons or is an attorney position, it is likely the position is not exempt from the FLSA.

It is also important when hiring a new employee to identify the essential functions of the job, because an employer is required to provide reasonable accommodation for persons with disabilities. If an applicant with a disability can perform the essential functions of the job with or without accommodation, the applicant must be fairly considered alongside all other applicants. The main purpose of identifying the essential functions is not for the hiring stage, but later in case of an unforeseen medical need by an employee. If it has not been previously determined, then the essential functions of the job will have to be stated in order to decide if the employee can continue functioning in the job. The employee always has to be able to perform the essential functions and it is preferable, for both credibility and sensitivity reasons, to identify them before there is a legal or medical reason to do so.

The Indiana judiciary website is always a good, free place to post court job openings.

Once the job description has been completed, it is time to begin the actual search. Where to look for a new employee will depend on the job and the locality. For example, a paid posting was not required during the recent search for an Executive Director of the Indiana Board of Law Examiners. A press release was sufficient to obtain a remarkable roster of candidates. For most jobs, however, the employer will need to place an ad online, in a trade publication, in a newspaper, or to a government posting site. If you rarely have to seek new hires, you might save yourself dollars and time by consulting with others who have had to hire a similar employee. Cost of a classified advertisement, whether in print or online, has no relationship to the value of the advertisement. There are some job websites that will cause you to be flooded with unqualified candidates if you post a job opening. The Indiana judiciary website is always a good, free place to post court job openings.

When you do place an ad, be sure to put a deadline for submission of résumés for your own convenience. I have found it highly beneficial to require applicants to submit their résumés and cover letters by email. If you are concerned about making your email address public to the world, you can create a free email address just for the purpose of your hiring search. The benefit of accepting résumés only by email is that it allows you to keep those emails permanently on your computer, sort them into folders, and forward them to others. If you use a free online source such as “gmail” or Yahoo’s email, you can also work on your selections with complete privacy wherever you are in the world.

If you have the luxury of a large pool of applicants, organizing the applicants’ information and relevant qualifications into a spreadsheet is a great aid in making an objective comparison of the applicants. Such a spreadsheet provides in one document all the relevant information and allows the employer to make quick reference. You should leave one or more sections on the spread sheet for your special comments, positive or negative, noting things from the résumé, from recommendation letters, etc., that will jog your memory about the applicants’ specific characteristics.

Indications on the résumé that the applicant may have problems include the following: frequent job changes, unexplained gaps in employment, résumés or cover letters in which the current employer’s email or address is given as the applicant’s return address, and an indication that the applicant is just sending out résumés randomly with no real interest in the particular position.

For example, if you are advertising for a court reporter, and the applicant writes that he/she has a “goal of working in a corporate environment where there is opportunity for advancement,” you know that applicant is not right for you. The applicant is not only sending out the same résumé to every job posted, but the goal does not match your position. Other résumé “red flags” include an odd job history, an overqualified applicant, or a person who seems to be going from higher tier positions to lower tier positions. However, these are just red flags, and not items that should cause the applicant to not be considered at all. Particularly in the current economy, you may have good candidates who at other times would have been rejected as over-qualified and not a good fit, but now would happily fill the position and would be a real “steal.”

It is extremely important to pay close attention to the résumés as many applicants disqualify themselves at this stage. Following are some examples of disqualifying indicators found in résumés I have screened:

• a candidate whose educational achievements included being a “Voting Member of Student Government in College” and the “Published Author of an Article” without any further information about the publication or the article;
• someone whose name on the résumé didn’t match the name on the cover letter;
• an applicant who wrote: “Objective: I am seeking a position where I can turn fun into a career (I like my job and have fun at it, but really. . . fun as a career?);
• an attorney whose résumé proved that he was practicing law in Indiana without a license; and
• more than one attorney who listed his/her proudest accomplishment as a lawsuit in which the attorney was both a party and pro se counsel.

All of the above steps are the start of the process to prepare for the interview stage. The next contribution to this publication, Part Two, will discuss interviewing, background checks, including criminal history checks, selection and offers of employment. In the meantime, if you are hiring someone and want to place an ad on the Indiana judiciary website or need help now, give me a call!

If a judge needs assistance or advice regarding hiring, contact Brenda Rodeheffer at (317) 234-3936 or brodehef@courts.state.in.us.

Phyllisia Gant

The Division of State Court Administration is pleased to welcome Phyllisia Gant as the new Coordinator and staff attorney for the Indiana Conference of Legal Education Opportunity (ICLEO), one of the programs administered by the Division.

Immediately prior to joining the Division staff, Phyllisia was an attorney with the Marion County Public Defender’s office where she represented parents in child in need of services (CHINS) and termination of parental rights (TPR) cases. While in law school, Phyllisia worked with the Hudson & Holland Scholars program at IU—Bloomington assisting minority students to reach high scholastic performance goals. Phyllisia graduated from Howard University summa cum laude and from IU Maurer School of Law.

Experienced Attorneys to Lead Board of Law Examiners and State Public Defender’s Office

The Indiana Supreme Court named two accomplished attorneys as agency directors. Bradley W. Skolnik will serve as the State Board of Law Examiners Executive Director and Stephen T. Owens will become the State Public Defender. Chief Justice Randall T. Shepard made the announcement describing both attorneys “as committed and capable public servants.”

Bradley W. Skolnik

Board of Law Examiners Executive Director

Mr. Skolnik was a partner with the Indianapolis law firm of Stewart & Irwin, P.C., where he practices in the areas of securities regulation, financial services and general corporate litigation.

Prior to entering private practice, Mr. Skolnik worked as the Indiana Securities Commissioner in the Indiana Secretary of State’s office. He served as President of the North American Securities Administration Association and in that capacity testified before the U.S. House and Senate. He is a graduate of Michigan State University and the Indiana University Maurer School of Law.

State Public Defender

Stephen T. Owens

“Stephen Owens’ two decade career in the State Public Defender’s Office says it all,” explained Chief Justice Shepard. “His promotion comes after years of advocating for clients without means and helping run an office tasked with a huge responsibility—ensuring basic fairness.” Mr. Owens has been a Deputy State Public Defender since 1986.

As the Assistant Chief Deputy of Personnel in the office, Mr. Owens was the training coordinator for new attorneys. He also worked on preparation of the annual report and assisted with budget matters. He is a graduate of Illinois College and the University of Dayton.

Winning CASA Poster (click to enlarge)

Monroe County CASA Wins National Contest for Recruitment Poster Design

Monroe County CASA has won a national award for designing a volunteer recruitment poster and the chance to win at the People’s Choice judging at the annual CASA conference.

Monroe County CASA won the first-ever National CASA Association Communications Contest from a pool of more than 55 entries. The winning entry was part of the Volunteer category, one of three possible categories entries were judged upon.

CASA would like to thank Ryan Kegley, art director and designer, for his work with Monroe County CASA. His work highlights the mission of CASA by using a single, powerful image.

By participating in the Institute’s work, its distinguished members have the opportunity to influence the development of the law in both existing and emerging areas, to work with other eminent lawyers, judges, and academics, to give back to a profession to which they are deeply dedicated, and to contribute to the public good.