Baca v. Rpm Inc., 79A02–1006–SC–655.

• Decision Date: 25 January 2011
• Docket Number: No. 79A02–1006–SC–655.,79A02–1006–SC–655.
• Citation: 941 N.E.2d 547
• Parties: Darlene BACA, Appellant,v.RPM, INC., c/o Patty Brown, Appellee.
• Court: Indiana Appellate Court

941 N.E.2d 547

Darlene BACA, Appellant,
v.
RPM, INC., c/o Patty Brown, Appellee.

No. 79A02–1006–SC–655.

Court of Appeals of Indiana.

Jan. 25, 2011.

[941 N.E.2d 548]

Ann Ginda, Indiana Legal Services, Inc., Lafayette, IN, Jamie Andree, Indiana Legal Services, Inc., Bloomington, IN, Attorneys for Appellant.

OPINION BAILEY, Judge.Case Summary

Pursuant to a policy or practice of Tippecanoe Superior Court 4, Darlene Baca (“Baca”), a disabled and indigent small claims litigant, was ordered to perform four hours of community service in order to have her claim set for a hearing. The trial court certified its order for interlocutory appeal and this Court accepted jurisdiction. Baca presents the sole issue of whether the informal local rule requiring community service is enforceable.¹ We hold that it is not a duly promulgated local rule and is unenforceable. The interlocutory order for community service is reversed.

Facts and Procedural History

Acting pro se, Baca attempted to file a claim for the return of her security deposit from a former landlord. Unemployed, disabled, and indigent, Baca lacked the $76 filing fee but was informed by court personnel that she could perform sixteen hours of community service in order to have her complaint filed. Baca contacted Indiana Legal Services.

On April 14, 2010, at a hearing before a judge pro tempore in Superior Court 4, Baca appeared with counsel from Indiana Legal Services. Counsel argued that the community service “policy” was of “questionable soundness” and that, nonetheless, Baca was unable to perform community service. (Tr. 2.) Baca testified that she was residing in public housing and receives Social Security disability and supplemental security income payments. She further testified that she suffers from scoliosis and has a plate in her leg and foot.

After suggesting that Meals on Wheels might be an appropriate venue for community service, the judge pro tempore advised Baca's counsel that counsel would be responsible for “helping her find four hours of community service that she can do.” (Tr. 5.) Counsel informed the judge that Baca was facing imminent eviction from public housing unless she could prove that she was contesting a demand for damages from her former landlord. In an apparent deviation from the requirement that community service be performed before an indigent's claim could be filed, the court ordered Baca's claim to be filed. However, the setting of a hearing date was held in abeyance pending Baca's performance of four hours of community service.

[941 N.E.2d 549]

On May 17, 2010, the regular presiding judge of Tippecanoe Superior Court 4 certified for interlocutory appeal the “order requiring the Plaintiff to perform community service before [the court] will grant a waiver of the filing fee or have a hearing on the merits.” (App.21.) This Court accepted jurisdiction of the interlocutory appeal.

Discussion and Decision

Notwithstanding Indiana Code Section 33–37–3–2, providing that a person entitled to bring a civil action may do so without paying the required fees after filing a sworn statement of his or her indigency,² Tippecanoe Superior Court 4 has implemented a practice of requiring indigent persons to perform community service in lieu of filing fees. The judge pro tempore who presided at Baca's hearing described the practice as “the judge's standing policy ... to do sixteen.” ( Tr. 4.)

Indiana Rule of Trial Procedure 81 provides that “[c]ourts may regulate local court and administrative district practice by adopting and amending in accordance with this Rule local and administrative district rules not inconsistent with—and not duplicative of—these Rules of Trial Procedure or other Rules of the Indiana Supreme Court.” Recently, in Gill v. Evansville Sheet Metal Works, Inc., 940 N.E.2d 328 (Ind.Ct.App.2010), we reviewed the function and scope of local rules. Local rules are generally...