Opinion
Supreme Court Case No. 20S-CB-123
04-03-2020
In the MATTER OF ADMINISTRATIVE RULE 17 EMERGENCY RELIEF FOR INDIANA TRIAL COURTS RELATING TO the 2019 NOVEL CORONAVIRUS (COVID-19).
Order
On March 6, 2020, Governor Holcomb declared a public health emergency in Indiana relating to the 2019 novel coronavirus (COVID-19); on March 13, President Trump declared a national emergency relating to the virus; and on March 25, 2020, Governor Holcomb issued Executive Order 20-08 which ordered Hoosiers to remain in their homes except when at work or for permitted activities, such as taking care of others, obtaining necessary supplies, and for health and safety. The Centers for Disease Control and Prevention (CDC) has determined that "social distancing" is necessary to minimize further spread of the virus, and the Indiana State Department of Health has issued and will continue to issue recommendations.
Due to the ongoing public health emergency, all circuit, superior, and probate courts, some small claims courts, and several city and town courts ("trial courts"), have petitioned for, and been granted emergency relief pursuant to Administrative Rule 17.
Having previously declared an emergency under Administrative Rule 17 for all counties, and because the public health emergency is ongoing, the Court, sua sponte , hereby extends all Administrative Rule 17 relief previously granted under the case numbers listed in Exhibit A attached to this order and incorporated by reference.
The Court accordingly ORDERS as follows:
1. The effective date of all orders granting emergency relief to trial courts under Administrative Rule 17, including but not limited to tolling of time limits and authority to continue jury trials (if such authority was previously granted), is extended through May 4, 2020 (or the date initially granted, whichever is later), or the expiration of the public emergency as declared by the Governor, whichever is later.
2. All courts that were granted authority to continue jury trials are directed to review the need for ongoing suspension at an early enough date that, if continued suspension is not necessary, will allow adequate notification of the jury pool to resume jury trials no later than May 4, 2020 , or no later than three weeks after the expiration of the public emergency as declared by the Governor,
whichever is later. If such courts believe continued suspension is necessary, they may individually petition this Court to extend the suspension further.
3. Courts are authorized to review county-jail and direct placement community correction sentences of non-violent inmates and juveniles and, after consultation with a team comprising local prosecutors, a public defender, community corrections, the county sheriff, and local health authorities, to modify sentences to probation, home detention, or order temporary release from the jail, with service of executed sentences to resume as thereafter ordered.
4. Absent an emergency basis to be determined by the court, courts shall issue no new writs of attachment, civil bench warrants, or body attachments pursuant to Trial Rule 64 until the expiration of the public health emergency. Any writs of attachment, civil bench warrants, or body attachments issued and not yet served prior to the date of this order shall be stayed until the expiration of the public health emergency as declared by the Governor.
5. Courts are relieved from the requirement under previous Administrative Rule 17 orders to file status reports unless they believe continued suspension is necessary, in which case they may petition this Court no later than April 27, 2020 to extend the suspension. Such petition should include all relevant factors that make an extension necessary.
6. This order does not extend the tolling of appellate or Tax Court deadlines as ordered under Case Nos. 20S-CB-123 or 20S-CB-231.
7. In all other respects except as set forth above, existing orders granting emergency relief under Administrative Rule 17 remain in full force and effect.
Exhibit A
Court Case # Adams Circuit & Superior 20S-CB-142 Allen Circuit & Superior 20S-CB-127 Bartholomew Circuit & Superior 20S-CB-178 Benton Circuit & Superior 20S-CB-215 Blackford Circuit & Superior 20S-CB-189 Boone Circuit & Superior 20S-CB-139 Boone/Zionsville Town 20S-CB-220 Brown Circuit 20S-CB-170 Carroll Circuit & Superior 20S-CB-155 Cass Circuit & Superior 20S-CB-154 Clark Circuit 20S-CB-111 Clay Circuit & Superior 20S-CB-176 Clinton Circuit & Superior 20S-CB-175 Crawford Circuit 20S-CB-200 Daviess Circuit & Superior 20S-CB-218 Dearborn Circuit & Superior 20S-CB-156 Dearborn/Lawrenceburg City 20S-CB-190 Decatur Circuit & Superior 20S-CB-162 DeKalb Circuit & Superior 20S-CB-119 Delaware Circuit & Superior and 20S-CB-114 Muncie City Dubois Circuit & Superior 20S-CB-149 Elkhart Circuit & Superior and Elkhart, 20S-CB-177 Goshen, Nappanee City/Town Fayette Circuit & Superior 20S-CB-194 Floyd Circuit & Superior 20S-CB-122 Fountain, Parke, Warren & Vermillion 20S-CB-147 Franklin Circuit 20S-CB-152 Fulton Circuit & Superior 20S-CB-179 Gibson Circuit & Superior 20S-CB-167 Grant Circuit & Superior 20S-CB-193 Grant/Gas City 20S-CB-224 Greene Circuit & Superior 20S-CB-145 Hamilton Circuit & Superior 20S-CB-133 Hamilton/Carmel City 20S-CB-199 Hamilton/Fishers City 20S-CB-202 Hancock Circuit & Superior 20S-CB-183 Harrison Circuit & Superior 20S-CB-121 Hendricks Circuit & Superior 20S-CB-137 Hendricks/Avon Town 20S-CB-201 Hendricks/Brownsburg Town 20S-CB-210 Hendricks/Plainfield 20S-CB-245 Henry/New Castle City 20S-CB-206 Henry Circuit & Superior 20S-CB-153 Howard Circuit & Superior 20S-CB-171 Huntington Circuit & Superior 20S-CB-124 Jackson Circuit & Superior 20S-CB-187 Jasper Circuit & Superior 20S-CB-140 Jay Circuit & Superior 20S-CB-216 Jefferson Circuit & Superior 20S-CB-131 Jennings Circuit & Superior 20S-CB-186 Johnson Circuit & Superior and 20S-CB-158 Franklin, Greenwood City/Town Knox Circuit & Superior 20S-CB-213 Kosciusko Circuit & Superior 20S-CB-188 LaGrange Circuit & Superior 20S-CB-148 Lake Circuit & Superior 20S-CB-110 Lake/Crown Point City 20S-CB-207 Lake/East Chicago City 20S-CB-195 Lake/Gary City 20S-CB-243 Lake/Merrillville Town 20S-CB-221 Lake/Schererville Town 20S-CB-211 Lake/Hobart City 20S-CB-205 LaPorte Circuit & Superior 20S-CB-128 Lawrence Circuit & Superior 20S-CB-117 Madison Circuit and Anderson, 20S-CB-141 Edgewood and Elwood City/Town Marion Circuit & Superior 20S-CB-113 Marion County Small Claims 20S-CB-144 Marshall Circuit & Superior 20S-CB-146 Martin Circuit 20S-CB-164 Miami Circuit & Superior 20S-CB-157 Monroe Circuit 20S-CB-138 Montgomery Circuit & Superior 20S-CB-219 Morgan Circuit & Superior 20S-CB-150 Morgan/Martinsville City 20S-CB-225 Newton Circuit & Superior 20S-CB-174 Noble Circuit & Superior 20S-CB-196 Ohio Circuit 20S-CB-166 Orange Circuit & Superior 20S-CB-204 Owen Circuit 20S-CB-120 Perry Circuit 20S-CB-181 Pike Circuit 20S-CB-209 Porter Circuit & Superior 20S-CB-198
Posey Circuit & Superior 20S-CB-184 Pulaski Circuit & Superior 20S-CB-160 Putnam Circuit & Superior 20S-CB-191 Randolph Circuit & Superior 20S-CB-217 Randolph/Union City 20S-CB-242 Randolph/Winchester City 20S-CB-229 Ripley Circuit & Superior 20S-CB-214 Rush Circuit & Superior 20S-CB-203 Scott Circuit & Superior 20S-CB-126 Shelby Circuit & Superior 20S-CB-143 Spencer Circuit 20S-CB-180 St. Joseph Circuit & Superior 20S-CB-130 Starke Circuit 20S-CB-169 Starke/Knox City 20S-CB-226 Steuben Circuit & Superior 20S-CB-192 Sullivan Circuit & Superior 20S-CB-168 Switzerland Circuit 20S-CB-118 Tippecanoe Circuit & Superior and 20S-CB-161 West Lafayette City Tipton Circuit 20S-CB-134 Union Circuit 20S-CB-212 Vanderburgh Circuit & Superior 20S-CB-136 Vigo Circuit & Superior and Terre 20S-CB-132 Haute City Wabash Circuit & Superior 20S-CB-125 Warrick Circuit & Superior 20S-CB-135 Washington Circuit & Superior 20S-CB-159 Wayne Circuit & Superior 20S-CB-129 Wells/Bluffton City 20S-CB-223 Wells Circuit & Superior 20S-CB-163 White Circuit & Superior 20S-CB-173 Whitley Circuit & Superior 20S-CB-185