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In addition to choosing candidates on the ballot on Nov. 7, voters will be asked to answer "Yes" or "No" to "Public Question No. 1."
The question will read:
"Shall Article 7, Section 4 of the Constitution of the State of Indiana be amended so that criminal appeals from a sentence of life imprisonment or a prison term of more than 50 years follow the same path through the Court of Appeals to the Supreme Court that civil appeals do?"
The question deals with the issue of direct appeals for some criminal cases and, if approved, would change the Indiana Constitution. The judges in Kosciusko County are in support of the change, as is the Indiana Bar Association.
"It is very important that this pass," said the Hon. James Jarrette, judge of Kosciusko Superior Court II. "This will free up the appellate court and give them the flexibility that they need." Judges Duane Huffer, Kosciusko Superior Court I; Joe Sutton, Kosciusko Superior Court III; and Rex Reed, Kosciusko Circuit Court, expressed similar opinions.
The Kosciusko County Bar Association did not take a vote regarding taking a stand on the issue, but Jay Rigdon, president of the local bar association, recently wrote a letter to the editor of the Times-Union noting his personal support.
Currently, all criminal cases in which defendants are sentenced to 50 years or more in prison are given a direct appeal to the Supreme Court. All other criminal cases and all civil cases must follow the path via the Indiana Court of Appeals before the case is given consideration before the Supreme Court. Some cases are decided in the appellate court and not all cases will reach the Supreme Court.
The call for a direct appeal for criminals sentenced to 50 years or more has been in place since 1970 but, in 1995, a legislative change in the standard sentence for a murder conviction was raised to 55 years.
"As a result," according to information written by Chief Justice of Indiana Randall T. Shepard, "a substantial bundle of cases that had been capably handled by the Indiana Court of Appeals was now entitled to a direct route from the trial court to the Supreme Court."
Shepard said that in 1995, the number of mandatory direct criminal appeals caused the Supreme Court to issue 38 opinions. Four years later, he said, that number had rocketed to 106.
Because of the increase in direct criminal appeals, the lesser criminal sentences and the civil cases are not being heard by the Supreme Court.
"This tide of direct appeals has pushed aside many important civil cases of statewide impact," Shepard said. "Litigation about how child support payments are calculated, for example, affects thousands of families. Fleshing out a dispute between a landlord and a tenant can have a tremendous effect on tens of thousands of cases. Legal disputes over consumer rights that could hit everyone's pocketbook risk being pushed aside."
Saying "Yes" to Public Question No. 1 would make only criminal cases in which a defendant is sentenced to death to take a direct appeal. All other criminal appeals would initially be heard by the Indiana Court of Appeals.
"If the measure passes," Shepard said, "our [Supreme] Court will have greater freedom to pursue cases of wide interest that are vital to the citizens of Indiana."
