The Indiana Publisher

Page 8 September 8, 2016 The Indiana Supreme Court has established six pilot Commercial Courts to deal with certain busi- ness disputes. The business writers and court beat reporters will have to determine who's going to cover these special courts, which have been created in Allen, Elkhart, Floyd, Lake, Marion and Vanderburgh counties. According to the Supreme Court, the purpose of commercial courts is to 1. improve court efficiency; 2. allow business/commercial disputes to be resolved with expertise, technology, and effi- ciency; 3. enhance the accuracy, consistency, and pre- dictability of decisions in business/commercial cases; 4. enhance economic development in Indiana by furthering the efficient resolution of busi- ness/commercial law disputes; and 5. encourage technologies, such as e-filing, e-discovery, telephone/video conferencing, and employ early alternative dispute resolution interventions. The types of cases that will be referred to the Commercial Courts will include disputes over the formation, goverance and liquidation of a business; rights of owners, shareholders, partners, etc.; trade secret and employment agreements; contract dis- putes between two businesses. Cases not eligible for the new courts will include personal injury or wrongful death; consumer claims; wage, health and safety, worker's compensation or unemployment compensation; environmental; dis- crimination; or consumer debts. The creation of these pilot courts is another example of a very active Supreme Court, which has kept HSPA busy this sum- mer. Other court sub- jects that have drawn our attention are: Advisory Task Force on Electronic Access Chaired by Indiana Supreme Court Chief Justice Loretta Rush, this group is making recommenda- tions as to what judicial records should be made available publicly on the Internet. Thus far, the majority of final resolutions to criminal cases at the trial court level will be posted. Decisions on additional records probably won't be reached until a similar group convenes in 2017. Emergency detention and commitment cases Records Management Committee chaired by Justice Mark Massa recommended that Supreme Court designate all detention and commitment cases confidential. HSPA contacted Indiana Broadcasters Association to jointly send the Supreme Court a let- ter asking it to reject the recommendation. Status of search and arrest warrants Court issued warrants are presumed to be open for public inspection. Prosecutors can ask that they be sealed until served. Indiana Prosecuting Attorneys Council is pushing in the Records Management Committee to make the presumption that warrants are confidential until served. Reporter's use of electronic devices in court- room Community Relations Committee made a recom- mendation for best practice guidelines (that would allow reporters to use electronic devices to upload stories/tweets, etc. from trial courtroom, but not audio/video) to the Judicial Conference Board of Directors. Board voted to table the proposal – wor- ried about bloggers definition – and asked commit- tee to continue working on issue. HSPA will con- tinue to work on this effort. Victim identification as interpreted by Administrative Rule 9 Question has been raised as to whether Administrative Rule 9 requires courts to delete vic- tim identifying information. HSPA waiting to hear back from Division of Court Administration. Status of Plea Agreements prior to judge's acceptance – secret or not Some judges took position that plea agreements were confidential records unless judge approved the agreement. Records Management Committee deter- mined that the plea agreements should not be filed on green paper, which is required of confidential records. HSPA alerted editors to determine whether judges were keeping proposed plea agreements secret. Steve Key is executive director and general counsel for the Hoosier State Press Association. New beats for reporters in new courts LIKE THE HOOSIER STATE PRESS ASSOCIATION ON FACEBOOK FOR INDUSTRY NEWS, DEADLINES AND UPDATES. Key Points Steve Key

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