Judicial Interpretation of 1975 Senate Enrolled Act No. 441, In re

• Decision Date: 01 August 1975
• Parties: In the Matter of JUDICIAL INTERPRETATION OF 1975 SENATE ENROLLED ACT NO. 441.
• Court: Indiana Supreme Court

Page 97

332 N.E.2d 97

263 Ind. 350

In the Matter of JUDICIAL INTERPRETATION OF 1975 SENATE ENROLLED ACT NO. 441.

Supreme Court of Indiana.

Aug. 1, 1975.

GIVAN, Chief Justice.

Traditionally the Supreme Court does not issue opinion sua sponte. However, in exceptional cases such as Senate Enrolled Act No. 441, wherein questions are presented which directly concern this Court, we have no choice but to issue an opinion stating our interpretation of the statute.

In Ex Parte Griffiths, Reporter (1888), 118 Ind. 83, 20 N.E. 513, the reporter petitioned the Court to determine the constitutionality of a statute requiring the Supreme Court to make a syllabus of each opinion. The Court stated:

'We have no doubt that it is our right and our duty to give judgment upon the questions we have stated, because they directly concern the rights, powers, and functions of the court, and no other tribunal can determine for us what our rights, duties, and functions are, under the Constitution.'

The same principle was affirmed and applied by the Court in Ex Parte France (1911), 176 Ind. 72, 95 N.E. 515; Ex Parte Sweeney (1891), 126 Ind. 583, 27 N.E. 127; Ex Parte Brown (1906), 166 Ind. 593, 78 NE. 553. In the last case cited the Court opined:

'In respect to our right to entertain the petition (of the court clerk to give an opinion upon the duties of that office expressed in a statute) herein and consider the essential matters therein presented, we have no doubt. In doing so, however, we do not depend upon any right or power conferred by the legislative department, but rely upon and exercise only the power with which we as a court are inherently invested.'

Sec. 48, ch. 4, § 1 of 1975 Senate Enrolled Act No. 441, states, '(a) To qualify for the position of county court judge a person must be: * * * (ii) a person who has received a satisfactory grade in a special examination administered by the Supreme Court under such rules as it prescribes concerning the relevant law and legal procedures pertaining to cases within the jurisdiction of the county court.'

Art. 7, § 4, of the Constitution of Indiana, specifically charges the Supreme Court of Indiana with the responsibility of the competence of those practicing law in Indiana and those persons sitting as justices and judges in our state courts. The county court judges, under § 48, ch. 3, of Senate Enrolled Act No. 441, will exercise criminal jurisdiction in cases where the fine is less than One Thousand Dollars ($1,000) or imprisonment for not more than one year, or both. This type of jurisdiction places a grave responsibility upon the county court judge. Under § 48, ch. 7, § 10, of the Act, appeals from the county court to directly to the Court of Appeals. They are not subject to review by the circuit judge as were the decisions rendered by city court judges and justices of the peace. Under the procedure set forth in this statute, the potential deprivation of due process as to persons charged with a crime in such courts requires us to hold that the qualifications to hold such a position as county judge can be no less than the qualifications required of an attorney who is permitted to represent such persons in whose courts. Nowhere in this statute does the legislature itself seek to set out any specific requirements or qualifications for persons seeking such judgeships.

We cannot in good conscience concede as this Act in question does that less legal ability and knowledge is required of a judge than...