High court approves recommendations to address attorney shortage
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The Indiana Supreme Court on Thursday approved seven of the Commission on Indiana’s Legal Future interim recommendations aimed at addressing the state’s ongoing attorney shortage.
The commission submitted 27 interim recommendations to the high court on July 30 that focused on funding needs, legislative recommendations and amendments to court rules.
The court approved one recommendation for a legal practice startup subsidy.
It will be a future grant program administered by the Office of Judicial Administration. The commission’s rural practice workgroup, in collaboration with OJA, has been directed to develop program parameters with the aim to launch the program by Jan. 1, 2025.
OJA has been directed to allocate funds for the grant from the court’s attorney services fund.
The program provides funding for lawyers willing to commit to practice in areas of high legal need.
“A modest stipend to those lawyers, particularly newer lawyers, would alleviate some of those overhead stressors and incentivize lawyers to practice in areas of high legal need; access to a State-level enterprise rate on services would also help,” the commission wrote in its recommendation.
The high court also approved the regulatory sandbox program. The program promotes the use of alternative business and practice models.
The court directs the Innovation Committee to develop initial parameters for a legal regulatory sandbox and provide those parameters to the court for approval by March 1, 2025.
The court appreciated the recommendation for a non-profit law firm model and directed the Innovation Committee, through its regulatory sandbox program, to develop parameters for a pilot grant for non-traditional legal business models aimed at addressing the issue.
OJA will allocate funds for the grant from the court’s attorney services fund.
Another funding recommendation the court approved was student loan debt assistance in legal deserts.
The commission and OJA has been directed to develop grant program parameters with the goal to launch the program by Jan. 1, 2025. The funding will come from the court’s attorney services fund.
The recommendation for local technology funding has been approved. OJA will work with the commission’s technology applications work group to develop a local remote facility grant package as a component of implementing the local technology grant program. It also approves the funding for technology in detention facilities.
The court approved the recommendation to amend Admission & Discipline Rule 6 and define areas of high legal need.
Other recommendations
The court appreciated the recommendation for a non-profit law firm model and directed the Innovation Committee, through its regulatory sandbox program, to develop parameters for a pilot grant for non-traditional legal business models aimed at addressing the issue.
OJA will allocate funds for the grant from the court’s attorney services fund.
The court did not approve any of the legislative recommendations, but supported amending Indiana code that makes it a class B misdemeanor for someone to say they are a practicing attorney, conduct a trial, or engage in practice of law without having been admitted as an attorney.
The amendment would decriminalize for those who are participating in an initiative approved by the high court like the sandbox program.
The other amendment the court supports is loosening restrictions on municipal attorney service. Currently, a city attorney has to reside in the city they represent.
The amendment would allow for the attorney to live in a contiguous county.
It encourages the commission to explore and decide on a reasonable limit on amending small claims for business. Some state statutes have the jurisdictional limit for small claims docket is $10,000. Indiana Small Claims Rule 8(C) allows businesses to be represented in small claims proceedings by certain business owners or employees for claims up to $6,000.
The court supported the recommendation for a public interest scholarship program and a statewide legal incubator program.
The commission’s pathway to admission work group is to work with the OJA on developing initial parameters of a “practice-ready” model that aligns with the program by Jan. 1, 2025.
The commission is encouraged to work with the Indiana State Bar Association, local bar associations and law schools to establish legal incubators.
Further, the court supports the recommendation for supplement civil legal aid funding and funding for dual enrollment courses. This support encourages civil legal aid organizations and stakeholders to work with the Indiana General Assembly on increasing Civil Legal Aid Fund appropriation. The 2025 legislative session is a budget year.
The court supports the recommendation on facilitating liability insurance for pro bono lawyers. The Coalition for Court Access has been invited to review the proposal and recruit civil legal aid providers in participate. OJA is directed to work with those civil legal aid providers and the state’s bar associations to develop a statewide marketing plan.
The court agrees with the recommendation on rural community development matching grants.
It has directed the commission to work with economic development and business partners to asses the viability of the recommendation to identify potential avenues for implementation in the final report.
It also agrees with the recommendation on state court technology funding and stated it looks forward to discussions with the Indiana General Assembly on that.
Lastly, the court has made several directions. First, it has directed the commission to engage with local government partners like the Association of Indiana Counties and Accelerate Indiana Municipalities to explore and include finding on data breach immunity in the final report.
Next, it has directed OJA to post proposed amendment to Alternative Dispute Resolution Rule 1.4 and Small Claims Rule 8 for public comment before any potential adoption.
The commission’s pathways to admission and business and licensure models work groups have been directed to draft a proposed amendment on Alternative Dispute Resolution 2.5 with the ADR Committee of the Judicial Conference of Indiana and ADR practitioners.
OJA has been directed to present the court with a proposed final rule amendment for Administrative Rule 14 for review and comment process by Jan. 1, 2025.
The court has directed the Language Access Advisory Committee to review the recommendation to allow for artificial intelligence in court interpretation with the commission’s technology applications work group to develop parameters for a pilot project to responsibly implement AI in court interpretation. they are to present those parameters to the court by March 1, 2025.
The rules committee has been directed to review the recommendation to require electronic devices access in court facilities. The committee will study the issue and make a recommendation on whether the rule amendment is appropriate and necessary.
OJA is also directed to review Judicial Conduct Rule 2.17 and Admission & Discipline Rule 23 and present a recommendation on amending the rules by Jan. 1, 2025.
The Indiana State Bar Association will be hosting its annual conference next week, where it’ll discuss its own ideas addressing the attorney shortage in Indiana.