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What local judges want you to know
Posted: June 30, 2021
Update from Superior Court
The Superior Court welcomes Judge Manier back to South Bend where she will continue to hear D05 civil cases from the second floor courtroom in Courthouse One.
Incoming superior Court Judge Cristal Brisco will start on July 19, 2021. She will preside over the D04 civil cases and will be located in the 1NW courtroom.
Judge Mainer will continue to preside over the Mishawaka small claims cases and current pending misdemeanor jury trials until further notice.
Amended from Judge Manier: I will continue to preside in ALL CM cases in which a jury trial has been or will be requested. When a new Mishawaka Division judge has been selected, my current plan is to release all CM cases sent to me after 7/1/21 (and not resolved by the time a new judge takes over in Mishawaka) to the new judge, keeping any cases filed and unresolved prior to July 1, 2021.
Posted: June 14, 2021**
Amended Proposed Local Rules Changes
Notice of Proposed Local Rule Amendment and Finding Good Cause to
Deviate From Established Schedule
June 14, 2021
The judges of the St. Joseph Circuit, Superior, and Probate Courts, pursuant to Trial Rule
81(B), give notice of amendments to the local court rules and find good cause to deviate
from the schedule for amending local rules under Trial Rule 81(D). All new text is shown
by underlining and deleted text is shown by strikethrough. [Supreme Court approval is
required for Local Rules concerning Caseload Allocation Plan and may not take effect
until approved by the Supreme Court.
Notice has been given to the public by posting on the website of the St. Joseph Courts
and on the Indiana Judicial Website, and by furnishing a copy to the officers of the St
Joseph County Bar Association.
NOTE: (Comment period has been extended) Comments may be made until July 15, 2021, to:
Lisa A. Plencner, Court Administrator of the St. Joseph Circuit Court,
Attn: Public Comment on Local Rules, St. Joseph County Courthouse, 101 S. Main Street, Room 223,
South Bend, Indiana, 46601; or lplencner@sjcindiana.com
These rule amendments will be effective on January 1, 2021, and after approval of the
Indiana Supreme Court for those rules requiring approval.
DATED this 7th day of June, 2021 on behalf of the Judges of St. Joseph County.
Hon. John E. Broden
Judge, St. Joseph Circuit Court
Hon. Elizabeth Hurley
Chief Judge, St. Joseph Superior Court
Hon. Jason Cichowicz
Judge, St. Joseph Probate Court
Posted May 7, 2021
Order Extending Authority for Expanded Remote Hearings
Until Further Notice!
20S-CB-123
Posted: February 9, 2021
HB 1453
Posted: November 14, 2020
ST. JOSEPH COUNTY COURTS ACTION PLAN CONCERNING COVID-19 (CORONA VIRUS) UPDATED: NOVEMBER 13, 2020
The Judges of the St. Joseph Circuit Court, St. Joseph Superior Court, and St. Joseph Probate Court (collectively the “SJC Courts”) are acutely aware of the challenges presented by the outbreak of COVID-19. St. Joseph County is experiencing record high positive COVID-19 cases. The result of this is seen throughout the community and within the SJC Courts. The surge in cases
requires that the SJC Courts take extraordinary measures in order to continue to provide access to justice in St. Joseph County consistent with the health and wellness needs of our community. The SJC Courts expect this current surge will require such extraordinary measures at least
until February 28, 2021. The duration of such measures is referred to herein as the “Response Period.” During this Response Period, the SJC Courts will take the following actions: (Click link below for full action.)
Signed Action Plan dated November 13, 2020
COVID-19 Court Order for Courthouse 2 dated 11-13-20
Posted: August 3, 2020
Amended Notice of Proposed Local Rule Amendment
Comments are due by September 3rd, 2020, please see link below
Link: Amended Notice caseload allocation .stjoe.2021
Posted: July 31, 2020
Notice for Small Claims Collection Hearings and Motions Proceedings Supplementary
COVID – creditor letter.JPM
Signed.Collection.Order.SBI
Signed.Collection.Order.SBI Collection Attorney’s Letter
Signed.ProSup.Order.Mish
Posted: July 2, 2020, from the Indiana Supreme Court
Link: Extension for Emergency Relief for Trial Courts
Posted: June 23, 2020
A Statement on Race & Equity from the Judges of St. Joseph County
Statement on Race and Equity
Posted: June 5th, 2020 from the Indiana Supreme Court
St. Joseph County Courts approved transition plan
Here: Approved Transition Plan
Posted: May 15, 2020 from the Indiana Lawyer:
Posted: May 13, 2020 From the Indiana Supreme Court
Click to access order-other-2020-20S-CB-123i.pdf
Posted: May 13, 2020
Click to access order-other-2020-20S-CB-123h.pdf
Posted: April 24, 2020, from The Judges of Superior Court
The Magistrates put together a plan that details how T&M and Small Claims courts will resume when the courts reopen. Below is a link to that plan.
COVID-19 ReOpening Court Order (signed)
Posted: April 24, 2020, from the Indiana Supreme Court
The Supreme Court has issued an order extending emergency relief to trial courts though May 17, and extending jury trials until June 1. Details include:
- The effective date of all orders granting emergency relief to trial courts under Administrative Rule 17 is extended through May 17.
- Courts shall not resume jury trials until at least June 1 without prior approval from the Court. All deadlines for trial courts to resume jury trials or submit status reports under previous Administrative Rule 17 orders for trial courts are vacated.
- Trial courts are asked to develop and submit transition plans for expanded operations by May 15. The courts’ plans should generally include proposed timelines for resuming normal staffing and loosening restrictions on spectators in courtrooms, plans for continuing or expanding remote hearings, and processes to determine whether conditions permit courts to start resuming jury trials. Courts are encouraged to convene local partners and collaborate on the plans. The order said, “The critical question to begin addressing now is how to transition—not when.”
- To aid in this effort, the Court has convened a task force including judicial officers from across the state and staff from the Office of Judicial Administration. The task force will develop guiding principles on how to safely and responsibly expand operations in Indiana’s courts. That task force will also invite input from state-level justice system partners like the Indiana State Bar Association, prosecutors, public defenders, sheriffs, and others.
- The Court is continuing to work with public health officials and members within the judicial system, and will provide more specific guidance by future order.
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Additional Updates
ISBA’s COVID-19 Recovery Task Force is working to identify and seek solutions for the challenges attorneys will face when Indiana’s stay-at-home order is lifted. A letter of suggested guidance has been shared with Gov. Eric Holcomb, who contacted ISBA and 16 other associations to learn about how we plan to advise members on resuming operations and working less remotely. We are now refining the information in that letter and will be sharing in the near future.
The Court issued another order this week authorizing Indiana trial courts to live stream some court proceedings on a public platform, including but not limited to YouTube, to accommodate the public’s access to court proceedings. Such a live stream shall be viewable only during the proceeding and shall not be made available for later playback; and no confidential proceedings shall be broadcast on any public platform. Read order >>The Indiana Department of Environmental Management has issued guidance for those submitting permit applications and reports associated with compliance: “Where paper copies or wet signatures are required by rule or statute, IDEM will utilize Governor Holcomb’s Executive Order 20-05 and Executive Order 20-22 to extend the deadline for submitting the paper files to May 10, 2020. Paper submissions will be matched to the electronic copy and deemed received on the date of the electronic submission.” Read guidance >>Digital Delivery, Inc. is now an approved technology vendor for remote notary by the Indiana Secretary of State. Learn more >>
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Posted: April 3, 2020
FOR IMMEDIATE RELEASE
APRIL 3, 2020
MOST COUNTY OFFICES TO REMAIN CLOSED IN EFFORT TO SLOW THE SPREAD OF COVID-19
Today, Governor Eric Holcomb announced he will be extending his Stay at Home Order and continues to encourage all Hoosiers to “hunker down.” His order, originally set to expire April 6, 2020 at 11:59pm will be extended by two weeks. For this reason, the Board of Commissioners will be extending the County Offices closure through April 20, 2020, with offices expected to be fully open on Tuesday, April 21, 2020. If the Governor again extends his order for Hoosiers to “hunker down” the Board will likewise extend the County Offices closure.
The Board of Commissioners also encourages all residents of St. Joseph County to “hunker down” and limit travel and social interaction as much as possible to help slow the spread of COVID-19. Therefore, most County Offices will remain closed for the duration of the Governor’s Stay at Home Order.
During this unprecedented time, the Board is appreciative of how county offices have risen to the occasion and found creative ways of still serving the public, albeit mostly remotely. Whether it is through increased phone interactions or through online forms and email, the public can rest assured that the essential functions of county government continue.
The County-City Building will remain open for people needing to access the Health Department’s Immunization Clinic, but all other offices will be closed to walk-in traffic. Many services are available online through the county’s website,
http://sjcindiana.com.
Residents are encouraged to contact county departments via phone and email. A full directory of county offices is available online at
http://sjcindiana.com/directory.
Persons needing to conduct business with the courts should utilize drop boxes located in Courthouse 1 and should utilize the main entrance located at 101 S. Main St., South Bend, IN 46601. During this time, the courts will be performing some essential functions.
The Mishawaka Annex will also remain closed through April 20, 2020.
Outdoor recreational activities are still considered essential as these activities promote physical and emotional wellbeing. For this reason, the County Parks will remain open, and are not assessing gate fees. While parks offices, playgrounds, and public restrooms are closed, the parks and trails offer a great opportunity for exercise while complying with all recommended physical distancing practices.
Posted: March 25, 2020
Important:
From the Circuit, Superior & Probate Courts
of St. Joseph County
In light of the Governor’s stay at home order that is to take effect at 11:59 p.m on March 24, 2020, the St. Joseph Circuit and Superior Courts continue to reevaluate how we handle our cases and court business for the next few weeks in Courthouses 1, 2 and 3. Our goal is to minimize foot traffic in the courthouses, both for the safety of the public and the safety of courthouse employees, staff, and ourselves. The Supreme Court Orders issued on March 16, 2020 in response to the Administrative Rule 17 Petition filed by the St. Joseph County Courts, and on March 23, 2020 in response to the Governor’s Order, which tolled statutes of limitation, filing deadlines, Criminal Rule 4 time limits, among other things, provide even more support for our efforts.
In the spirit (and perhaps even the letter) of the Governor’s Order, we are making every effort to not hold in person hearings, in both civil and criminal court, except in extreme emergency situations. If a telephonic or video hearing is not possible, the hearing will be rescheduled to a later date. If video hearings are held in felony courts, the goal is to allow lawyers to appear telephonically.
The County-City Building is closing to all walk in business, with very limited exceptions. The Mishawaka county services building is also closing. Judge Manier and Magistrate Brisco will continue to hold telephonic hearings, but will handle any extreme emergency in person hearings in South Bend. All clerk functions will be routed to South Bend as well. The goal is to consolidate and reduce security and maintenance needs during this time.
The Clerks office in Courthouse 1 will be open to the public but all business will be conducted at the child support window. Drop boxes for filing protective orders and other court documents have been stationed inside Courthouse 1 and 3 in the vestibule areas. Those drop boxes will be checked regularly. The Superior Court civil and criminal clerks windows will be closed to the public.
Misdemeanor and felony in custody arraignment hearings will still proceed in Traffic and Misdemeanor Court. Spectators will not be permitted.
For questions regarding a case or a scheduled hearing people may:
2. Contact their lawyer
3. Contact the clerk at 574-235-9635
4. Contact the chambers of the presiding judge
It is our hope that, by taking these steps and following the directives set out by the CDC, Governor Holcomb and the Indiana Supreme Court, we will be back to business as usual as soon as possible.
Issued: March 13, 2020
Original action plans,
which will effect the coming weeks in the courts:
(This one is more specific to attorneys)
Posted: October 1, 2019
an order! Please be on the look-out for electronic notification of the following reports:
- Pre-Sentence Investigation Reports
- Supplemental Pre-Sentence Investigation Reports
- PSI / SPSI Addendum
- Report of PO to the Court for any of the following:
- Assessment / Evaluation Reports;
- Credit Time Reports;
- Conditional Discharge Violation Report;
- PSC Violation Reports;
- Progress Reports;
- Pretrial Reports (those reports submitted after initial hearing)
- Travel Permits
- Abstracts for County Jail days
Please note– you will receive e-notification showing the Administrative Rule 9(G)(5) Notice of Exclusion of Confidential Information from Public Access, but you will have to log into Odyssey with your attorney log-in information to view the confidential reports. Court staff will no longer provide paper copies and/or email them.
The Adult Probation Department will NOT be e-filing the following reports:
- CR 26 Reports (pretrial reports submitted prior to initial hearing, as there is typically not a case number assigned when we submit them)
- Probation Violation Reports (these are filed with the Prosecutor’s Office)
- Class A Misdemeanor Reduction reports (there are motions and summons that we do not want to miss, and these reports are minimal)
[Posted August 2018]
New Small Claims Forms
The St Joseph Superior Court, Small Claims Division will be implementing new forms for Small Claims. The Court prefers these forms and will be releasing them throughout the year. If you would like electronic versions of the forms, please email Small Claims Administrative Assistant Gail Papczynski at
GPapczyn@sjcindiana.com.
[Posted May 13, 2016]
Divorce cases with children
Please recall that the local family law rules require parents in divorce cases to contact the Domestic Relations Counseling Bureau and sign up for two co-parenting classes. Judges in both Circuit and Superior Courts have noticed a number of cases where the parents have not completed the classes but have submitted a settlement agreement and decree. Each judge handles this situation differently, but practitioners should remember to advise their clients to complete the classes as soon as possible. Thank you!
