On October 8, 2015, a number of individuals who were arrested in Johnson County brought this lawsuit in Indiana Civil Court under 42 U.S.C. § 1983 and state law against the Johnson County Commissioners as well as several judges and public defenders. The plaintiffs, represented by private counsel, alleged a violation of their Sixth and Fourteenth Amendment right to counsel, a right also guaranteed under the Indiana Constitution (Art. 1 §13a). The suit alleged that the county had failed to impose reasonable caseload limits, had not established an oversight and monitoring system, and had not adequately funded the indigent defense system. The plaintiffs also alleged that the county operates a unconstitutional contract system that creates a conflict of interest between lawyers and judges: judges grant the public defense contracts and so attorneys might not fully advocate for their clients because they want to secure future contracts. The plaintiffs filed for class action status, but certification was not granted.

The case was opened as a new filing on January 21, 2016 in Indiana Superior Court, Shelby County. The defendants filed a motion to dismiss on March 29, 2016 and after hearing, Judge Robert W. Freese dismissed the case on January 30, 2017. The trial court dismissed primarily on the basis of a legal precedent, Platt v. State, finding that the plaintiffs' cases were not yet ripe for review as they were active criminal proceedings in the pre-trial stage. The court ruled that the effectiveness of the county's trial counsel and the system should not be decided until the criminal cases were concluded. Additionally, although the plaintiffs argued that the appointment of counsel is not a judicial function, the court disagreed and ruled that the judicial defendants were immune from all damage suits.

The plaintiffs appealed on February 6, 2017; as of May 24, 2017, it seems the matter is still pending in Indiana's intermediate appellate court.

Abigail DeHart - 05/24/2017


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