Judge says shift means cases will move quicker

Civil courts to switch to random filing system

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Calvin Hawkins was slated to be a traveling judge when he first was appointed as a Lake County Superior Court judge in 2007.

The East Chicago courthouse he took over had consistently low numbers of case filings, so Hawkins was told he had to spend a day each in two other Superior Court judges' courtrooms hearing cases.

"I protested it," Hawkins said. "I understood the rationale, but this is the only ... one-person judge courthouse. In October, if the desire was to close this (East Chicago) court -- and there was a serious move to close it -- that would (have been a mistake)."

Hawkins' court was an example of what some in the Lake County legal community call a flaw in court case filings that a new system is aimed at fixing next year.

In Lake County's seven civil division courtrooms and one circuit court, attorneys can select the venue in which they file their cases. The practice has contributed to a hefty disparity among the courts' caseloads.

There has been as much as a 137-case difference in filings per month this year among the different civil division rooms, excluding the court that handles domestic relations cases, Superior Court filings show.

Starting next year, most of those courts plan to move to a random filing system to ensure more balanced apportionment of cases with courtrooms. The system already is used by the Lake County criminal courts and, to a certain extent, other county courts that are housed in the same building.

Proponents of the plan argue it will help equalize the workload among judges and maximize efficiency.

The weighted caseload plan was approved by Lake County judges and is awaiting approval from the Indiana Supreme Court. The county is mandated to balance its caseloads every two years.

"That's what the public expects from us," Chief Judge John Pera said. "I think the public wants that. It is a no-brainer."

The plan will affect personal injury, mortgage foreclosure and accident cases, major civil litigation and miscellaneous cases that don't fit into specific categories. Judge Elizabeth Tavitas, who primarily handles domestic relations cases, is exempt from those changes.

Hawkins said he is opposed to the plan and argued lawyers filing civil cases should be able to choose their judges. Since he took over East Chicago's county judgeship, filings in that court have continually increased, he said.

A Lake County Bar Association survey, which garnered only 29 responses, shows more than 85 percent of respondents were opposed to random filing.

"Random filing renders obsolete the point of local courthouses," attorney Kenneth J. Allen said, noting that courtrooms in Hammond, Gary and East Chicago give residents more access to the courts.

"I don't favor it," Allen said of random filing.

But Pera said the caseload disparities became more apparent in the last year.

"I understand how lawyers like to select the judge who will be hearing the case, but I think it's more important that all the judges in the county are working at the same level and efficiency," he said. "This will move litigants' cases more quickly through the court system."

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