Banner Graphic, Volume 20, Number 75, Greencastle, Putnam County, 1 December 1989 — Page 3

State Supreme Court reforms rules; quicker death penalty, civil reviews

INDIANAPOLIS (AP) New guidelines that govern death penalty appeals, judicial discipline and admission to the bar mark the beginning of the Indiana Supreme Court’s new effort to pay more attention to rule reform, the chief justice says. The court, which establishes procedure and policy for judicial and legal activity in die state, completed its most sweeping set of rule changes in decades on Thursday by handing down more than 50 changes that take effect Jan. 1. “WE FEEL A considerable sense of accomplishment about being able to make such comprehensive reforms at one time,” said Chief Justice Randall T. Shepard. Shepard said a constitutional change approved by voters last year affords the five justices on the court more time to consider rule changes. That amendment reduced the number of criminal appeals that go directly to the Supreme Court. “In the future, we will be giving more time not just to civil appeals but to rule reform,” said Shepard. BRUCE KOTZAN, THE state court administrator, called the reforms the most extensive in his 15 years of service and probably the most detailed since the state’s new civil code was implemented in 1969. One new rule is designed to allow closer monitoring and quicker appeals in death penalty cases.

Six Hoosier hospitals jump on the smokeless bandwagon; chiefs expect all eventually will

INDIANAPOLIS (AP) An Anderson hospital administrator says he believes within a few years all hospitals in the U.S. will be smoke-free. “I think that’s an easy prediction to make.” James Stephens, president of St. John’s Health Care Corp., said Thursday. At the October board meeting, the Indiana Hospital Association passed a resolution trying to get all of the state hospitals smoke-free. Since then, six hospitals in Indiana announced they will become mostly smoke-free. IN A JOINT announcement on the 13th annual Great American Smokeout last month, Stephens and Richard Cameron, president of Community Hospital of Anderson and Madison County, said their hospitals will become free of cigarette smoke by July 1,1990. At the beginning of the year, South Bend area hospitals, Memorial Hospital, Michiana Community Hospital, St. Joseph’s Medical Center and St. Joseph Hospital in Mishawaka, plan to tighten smoking restrictions for employees and visitors. The Putnam County Hospital board has authorized a study committee of employees from each department to study the issue, check the feelings and reaction from personnel and report back to the board on the issue’s feasibility. That report could come as early as the board’s December meeting. The announcement hospitals will clear their air, hasn’t upset employees. “WHEN WE ANNOUNCED it to our medical staff, they were very pleased,” said James Stephens, president of St John’s Health Care Corp. “We made the announcement to 1,300 employees in early November. We’ve given eight months notice. We’re giving everyone enough time if they’re smokers to prepare. We’re not saying we want

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CHIEF JUSTICE SHEPARD A sense of accomplishment Shepard said there are currently “intolerable delays in death penalty cases,” which often take eight to nine years to work their ways through the entire appeals process. He estimated the changes approved Thursday could cut that time by up to two years. UNDER THE REVISED rule, the state court administrator will be notified each time a prosecutor files a request for the death penalty. A cause number for that case will be immediately established in the Supreme Court, which must review all death sentences. To speed up the appeals process, •he new rule also requires comput-

people to stop smoking. What we’re saying is we don’t want them to smoke in our institution,” Stephens said. Stephens said people who smoke understand there’s a movement in the U.S. against smoking in many public facilities, and the decision to make the two Anderson hospitals smoke-free is a recognizable part of that movement. “WE CERTAINLY DON’T want the airlines or the government taking a leadership role. Those in health care should be taking a leadership role on this subject,” Stephens said about smoke-free environments. Both institutions prohibit the sale of tobacco products on hospital grounds, and their future rules will restrict smoking throughout public areas of the hospital. Steve Ellson, human resource specialist at Memorial Hospital, said the staff at the South Bend hospital views the new regulations favorably. “We’re going to go through some awkward times,” he said. “Smoking is an ingrained habit.” THE SMOKE-FREE environment will be used as an employee recruiting tool, Ellson said. Employees who smoke still will be hired. They just won’t be able to smoke in the hospital, Ellson said. Employees and visitors to the hospital may have their smoking curtailed, but patients still will be allowed to smoke as long as their physician approves, Stephens said. “Smoking is something that maybe the physician should work with the patient other than when they are confined to a hospital room,” Stephens said.

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er-aided transcription of testimony in all capital cases. Kotzan said that under current practice it can take up to a year to prepare for an appellate court a manually typed transcript of a death penalty trial. Computeraided transcription could cut that time to a week or two, he said. THE COURT ALSO adopted a rule intended to cut down on the number of post-conviction relief petitions. Under the new rule, a person convicted of a crime would automatically get one petition asking for relief after a conviction. However, to file a subsequent petition, the person would have to offer some new evidence for the court to consider. Another new rule also sets stricter deadlines for filing motions in death penalty and other criminal appeals. Shepard predicted the death penalty rule reform “is just the beginning” of the court’s effort to improve handling of capital cases. OTHER NEW RULES approved by the Supreme Court will: • Specify for the first time definitions of the “character and fitness” required of a applicant for admission to the bar. Things that could be considered in evaluating an applicant include unlawful conduct, academic misconduct, misconduct in employment, lying, evidence of mental or emotional instability and evidence of drug or alcohol dependency. • Prohibit second-year law

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TO PREPARE FOR the time when Sl John’s becomes smokefree, the hospital is putting together a task force of both hospital employees and physicians, a mixture of smokers and non-smokers.

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students from taking the bar exam. The rule is designed to allow students to focus more on their legal education, rather than worrying about the bar exam while they are still in school, Kotzan said. SHEPARD SAID LAW schools had reported that students preparing for the bar exam “are distracted seriously from what ought to be the first order of business, which is to study in law school.” He also said students who take and pass the exam before their third year of law school “often become poor students” for the final year. All students in law school as of Jan. 1 will still have the option of taking Indiana’s bar exam during their second year of law school. •Require a written or recorded unsolicited communication from an attorney to a potential client to be identified as advertising. • Codify in one place all of the previous rules and case law governing judicial disciplinary proceedings. The disciplinary rule also defines in more detail the Supreme Court’s ability to suspend judges. For example, the rule allows a suspension with pay of a judge charged with a misdemeanor if the facts of his case indicate his behavior could adversely affect his judicial work. Previously, the court could suspend with pay a judge charged with a felony, but the power to suspend a judge facing a lesser charge wasn’t clear, said Shepard.

* j Smokeless hospital proposals Memorial Hospital had formed a task force before announcing their intentions.

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Indiana unaffected by cases in Minn., Ohio, abortion activists say

INDIANAPOLIS (AP) - ndiana’s consent requirements for abortion are unlikely to change in the upcoming legislative session regardless of action taken by the U.S. Supreme Court on parental notification laws, say advocates on both sides of the issue. The Supreme Court heard arguments Wednesday on notification laws in Ohio and Minnesota but is not expected to rule on the cases until June. INDIANA LAW requires women under 18 to have the consent of one parent before they may seek an abortion. The 1984 statute was modeled after a Missouri law upheld by the nation’s highest court in 1983. Beth Lowry, state field organizer for the Indiana ProChoice Action League, said Indiana’s law does offer some loopholes to the jxegnant minor. “The minor may avoid parental involvement only by obtaining a court order stating either that she is mature enough to make her own abortion decision or that an abortion is in her best interest,” she said. LOWRY SAID THE high court’s action in the Ohio and Minnesota cases could “open the door to further restrictions in Indiana. Certain anti-choice

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Dectmim 1,1969 THE BANNERGRAPHIC

legislators would interpret that as a signal to submit laws that are more restrictive.” But Lowry does not expect the Indiana General Assembly to try to revise the abortion statute involving minors until the high court acts on the Ohio and Minnesota cases. Phillip Weer, executive director for Indiana Right to Life, predicted the 1990 Legislature would keep the consent law as it is. “The decision probably won’t be handed down before the (legislative) session is over,” he said. IT DOES SEEM THAT the direction the court is going is to allow states more leverage to decide what is best in their state in terms of restricting abortion,” he said. James Bopp Jr., a Terre Haute attorney who is general counsel for the National Right to Life Committee, was in Washington Wednesday to observe the Supreme Court arguments. “I don’t think constitutionality of Indiana’s statute is at all at stake in the Supreme Court cases,” Bopp said. “Based upon their prior opinions in abortion cases, I think the outlook is good for the statutes to be upheld.”

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