Indiana Chief Justice Rush says state must improve in regard to mental health

When it comes to promoting transparency and incorporating behavioral health solutions into the courtroom, Indiana’s judges have made progress but still have work to do, said Indiana Supreme Court Chief Justice Loretta Rush on Tuesday.

“There is a lot of good work being done in our state; we have a long way to go with regard to mental health,” Rush told reporters. “We should make sure that the court—as a public institution … that we’re doing best by the people and we’re linking them to other services.”

Rush summarized findings from the state Supreme Court’s annual report, including the hundreds of cases appealed to the state’s highest court and opinions decided by justices. She said one of the core areas in need of improvement is the state’s handling of mental health crises and drug addiction, familiar themes for judges.

A few months ago, the state’s highest court hired behavioral health specialist and licensed attorney Brittany Kelly to oversee training efforts and identify local resources available to counties.

“(Kelly’s) off and running. She’s had hundreds of inquiries from around the state; she’s meeting with judges. She’s helping with things like competency evaluations (and) accessing Medicaid,” Rush said. “… Seventy percent of people in jail have a behavioral health issue, which is substance abuse co-occuring or mental health.”

“I think it’s the realization that the courts are the primary referral source to get people to treatment,” she continued. “And if we’re ordering treatment and services, we better get that right.”

Another issue for the state’s judiciary is the shortage of attorneys, especially in rural areas. A separate commission is currently analyzing the best solutions to address the crisis, and has floated a proposal that would include licensing options for non-attorneys to perform some legal work—such as child support or eviction assistance.

Additionally, the state will be reforming its bar exam in a way that’s more “practice practical,” Rush said, and will be adopted in 2028.

On the transparency front, Rush pointed to the 54 million times someone visited MyCase, an online platform that can be used to search for specific Indiana cases or filings. She also noted the high satisfaction rates for judges and media representatives filming inside of courtrooms in certain pilot programs.

Rush reported some problems, however, such as the filming of jurors or concerns about filming child victims.

“I’m OK with it—if it’s done respectfully,” Rush said. “I think, on balance, it’s working throughout the country and it was time for Indiana.”