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Request a DemoRep. Harris on leading the Black caucus, 21st Century Scholars expansion plans
East Chicago Rep. Earl Harris Jr. is new to his role as the head of the Indiana Black Legislative Caucus, but the Democrat’s name might sound familiar.
He follows in the footsteps of both of his parents. His father, Earl Harris Sr., served a portion of northwest Indiana as a lawmaker for more than 30 years by the time he passed away in office. His mother was caucused to serve the district before Harris Jr. was elected in 2016.
Perhaps Harris Jr.’s biggest legislative accomplishment to date was being chosen this December to lead the Black caucus, one of the more politically active caucuses in the Statehouse.
State Affairs talked to Harris about following in his parents’ footsteps, IBLC’s legislative agenda, getting bills passed in the superminority and his bill expanding the 21st Century Scholars program, as the 2023 session starts to wrap up.
This conversation has been edited for clarity, brevity and length.
Q. Your parents both served in the Statehouse. Did you always know you wanted to run for office because of that?
A. I do follow in the footsteps of both my parents. My father served until March 23rd of 2015 when he passed away, and then my mother was caucused in. I was born and raised in East Chicago, [and at the time of his father’s death] was living here in Indianapolis.
I'm an only child. Dad had cancer so we knew it was a matter of time, so we had some conversations about what would happen. When Mom decided she wanted to stay in East Chicago, I moved back to East Chicago.
After the dust settled, people started talking to my mother about her running to replace my father. And then me running [after]. The original plan was Mom was going to run for reelection, and then I was going to run two years [after that]. She had a health issue and ended up in the hospital, so we decided it was not a good idea for her to have to deal with running for office. It moved up the timeframe of me running by two years.
Q. Why was it important to you to honor your father's legacy in that way?
A. Some of it was there were things that Dad worked on, things we wanted to continue in growing the area, and then I brought into it some of my own experiences. A lot of the time when I lived here in Indianapolis, I worked in Indianapolis Public Schools, and so education is a big thing for me.
Being around this [building] almost all my life, I jokingly said I already knew where the bathrooms were when I got elected. [This was] really an opportunity to dive all the way in and see what good I can do.
Q. The IBLC's agenda this year is largely focused on educational attainment. Why is that?
A. Every year, IBLC has a theme for our agenda, and everyone gets to submit a bill. This year's theme is closing the achievement gap. Part of that came out of we know that COVID really did a lot of damage for all young people in terms of education. For Black and brown kids [it caused] a little bit more damage.
We're the Indiana Black Legislative Caucus, but when you look at our pieces of legislation, they really do benefit, for the most part, everybody. We really want to see what we can do in terms of legislation that would make things better for young people, and again, try to catch people up.
Q. Can you describe some of the bills the IBLC has pushed this legislative session?
A. They focus on education; they focus on achievement. Some of them are very directly [tied to it]. But some of them are connected to it. When you look at a bill about universal free school breakfast and lunch, when you talk about tax credits [for teacher supplies], when you talk about putting seat belts on school buses, when you talk about bias crimes, domestic violence, those are things that may not be direct classroom type things, but they affect how young people are going to learn and so they fit into the mix.
One that I'm extremely proud of that I authored is House Bill 1449. That has to do with 21st Century Scholars. So many times since I've been in office a parent will say, ‘My kid’s in high school and they want to continue education post-high school. Do you have any ideas on how they can pay for it?’ One of my first answers to them is, ‘Are they a 21st Century Scholar?’ And most of the time, if not all, the parent looks at me and goes, ‘What's that?’ If they're in high school, it's too late to sign up.
I filed a bill last year about 21st Century Scholars that would have moved back the signup date, and it would have made it a click box on free and reduced lunch. Over the summer, right after Chris Lowry had just become the new commissioner of [Indiana's Commission for Higher Education], we were having a conversation outside in the [Statehouse] parking lot. As I like to jokingly say, that's where all the important conversations happen.
We started talking about automatic enrollment, so that's really where this year's version of the bill came from. Even if students don't know they are eligible for it, they’ll get enrolled into the program. And CHE [Commission for Higher Education] will do more work to inform parents, inform students and help students get prepared for college.
We also know that this is something that's on the governor’s agenda. We're very proud of that. We should do whatever we can to help people continue their education post-high school. I don't care if it's a certificate, two-year degree, a four-year degree. If you look at the bills I’ve filed and look at one of my agenda items, education and continued education is a big priority.
Q. It’s kind of unusual to see a Democrat carrying a Republican governor’s agenda item. Was that just a coincidence?
A. This is one of those cases, which hopefully there are more of these than not, where it really doesn't matter if you're an R or a D, it's about what's good and what's best for the state and how can we make things better. It's not as if the governor and I sat down and had a conversation about this. It just worked out that way.
Back in my 20s I learned this whole theory of a win-win. Do things where everyone wins. The student wins because they have money for college, the parent wins because their student has money for college. Universities and colleges win. They're not at 100% capacity, so it's more butts in seats. Businesses and organizations that are going to hire win because [there are] more educated, trained, skilled people, and it helps us as a state. 21st Century Scholars has a 10-to-1 financial return. I was not a finance major, but I know that if for every dollar I give you, you give me $10 back, that's a great deal. So it really is a win-win.
Q. How successful has IBLC been this session in getting its agenda moved?
A. Besides House Bill 1449, which is mine, [Rep.] Carolyn Jackson has House Bill 1138, which is [about] preschool childcare facility drinking water. Rep. Jackson, since she got elected, has been very focused on making sure that young people have clean water that isn’t full of lead, full of other things that could cause health issues.
It's all about the long game. So as much as we would love for every bill we file to become law in the first year or two, that's not the reality of what's going to happen. You lay groundwork and you continue to push and get things done.
Q. There are only Democrats in the IBLC. Because Republicans hold the supermajority, how does that impact how successful you are?
A. Well, IBLC is nonpartisan; it just turns out that all of the members are Democrats just because of the way it works out here. But I said this when I ran the first time, I'm a big believer that relationships equal resources. It's about those relationships. It's about having conversations with people and helping people understand [your legislation].
There was a bill that did not get heard this session, and I'm on Ways and Means, and Chairman Thompson said, ‘Hey, I'm not going to hear your bill this year. But let's talk about it over the break.’ So that's also what happens as you build those relationships.
As we continue to work on things, we know that that's vital, not just because we're IBLC members, that's vital because we are in this superminority. We know that the way the math works out, if you're a Democrat you can't get anything done if you don't have Republican support.
Q. Why should all Hoosiers regardless of race care about what the IBLC is doing?
A. The agenda is beneficial to everyone. When you look at our agenda of closing the achievement gap, it doesn't matter if you're an R, it doesn't matter if you're a D, it doesn't matter your ethnicity, your gender. That's an important thing for all of us.
The bills we've authored and the bills that are going through are going to benefit everyone here in the state of Indiana. It doesn't matter what the author or the senator or representative looks like.
Q. In 2021, there was tension in the Statehouse over race after some Black lawmakers were booed while talking about whether a bill was racist or not. Do you think attitudes toward race in the Statehouse have shifted at all since then?
A. My hope is things continue to get better, but we've seen some things on the national level that make you wonder if we're heading in the wrong direction.
We'll do what we can to make it better, but we understand that there's a lot more than just [those of] us that are elected here at the Statehouse can do to help this out. My hope is other non-Black legislators understand a little bit more about the reality of things that we have to face as minorities and understand that it's a little bit different than what white people have in terms of experiences.
Representative [Vanessa] Summers has a bill on implicit bias in medicine. We know that's an issue. That's not only an issue here in Indiana. There was a [Black female Indiana] doctor who recorded herself talking about how [doctors] wouldn't do what they were supposed to do [when treating her]. Even a celebrity — rich, famous, Serena Williams, the tennis player — it’s well-documented that when she was going through her health issue around her pregnancy and childbirth, she couldn't get doctors to pay attention and listen.
There's lots of stories like that.
Q. Last year you earned the 2022 Civility in Government Award. How do you keep that reputation enough to earn that award when things can be tense in the Statehouse?
A. If we're going to be successful as members of the Indiana General Assembly, and I say this for everyone, you have to get along. We're not always going to agree, and that's sometimes inside of the same party. Not every Democrat agrees with every Democrat and not every Republican agrees with every Republican, but you have to understand that OK, I can look at the legislation you file. I may not like it, but it doesn't mean that you are my enemy. We may think differently, but maybe I can talk to you and maybe build some understanding.
I think you get a little bit further with that than yelling and screaming at the top of your lungs at someone and pointing fingers and all of that. It's not my style in general, even before I came here. I think if you do that in a lot of cases, the person you're doing that to is just going to shut off. I don't think that ever is going to be the right way to go and get anything done, especially in this space.
Q. Ending on a lighter note, what do you like to do in your free time?
A. It depends. I'm big into music and sports. Prince did not come to Indiana and discover me so I'm very disappointed in that, but I'm a big musicaholic, sports, entertainment. I try to do things that are relaxing. I actually went to see Jo Koy, the comedian, Saturday in Chicago.
And then I also am [really into] bike riding. I'm glad that the weather is getting warmer because it's time to get back on the bike, improve my shape, and lose a few pounds. Being here at the Statehouse, there's way too much sitting and way too much eating.
I love hanging out with my family and friends. I don't get to see them as much during session because it just takes up so much time. Because of my background in media, creativity is always something fun, so anything that's creative usually draws and gets my attention like movies, television shows, etc.
Contact Kaitlin Lange on Twitter @kaitlin_lange or email her at [email protected].
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Indiana appeals court chief judge on AI, mental health, and the state’s dwindling number of lawyers
Many Hoosiers may be familiar with their local courts or hear about the opinions of the Indiana Supreme Court, but a middle tier in the state’s judiciary system shapes justice through some 2,000 rulings a year.
The 15 judges of the Indiana Court of Appeals dole out opinions on everything from murder and fraud to civil and child welfare cases. Every Hoosier has the right to appeal a conviction or ruling, and the Court of Appeals, the second-highest court in the state, takes up each case sent its way.
Chief Judge Robert R. Altice Jr. has analyzed thousands of cases since being appointed by Gov. Mike Pence in 2015. Prior to that, he spent 15 years as an elected judge in Marion County.
Altice sat down with State Affairs for a discussion on the ins and outs of his court, how changes in technology and mental health care have impacted his work and what he sees as a major problem facing the nation’s judicial system.
This conversation has been edited for clarity, brevity and length.
Q. What sort of cases does the Court of Appeals hear?
A. We hear really everything except death penalty cases. If there’s a death penalty case, it goes straight to the [state] Supreme Court. Otherwise, we get it.
I’ve had to publish an opinion on a traffic court case. About 65% of our cases are criminal. Every, everything under the sun: murders, rapes, robberies, child molestation.
Then there are civil cases. We do medical malpractice suits, traffic accidents, you name it. Complex business litigation? Our court was involved.
Q. How does the appeals process work? There’s not a new trial, right?
A. I’ll give you an example. Let’s say you got a murder case and the defendant gets convicted and gets 65 years, which is the max for a murder conviction. Everybody in the state of Indiana has got an automatic right to appeal. Not everybody takes that right, but most criminal defendants do.
Somebody will write his brief for him. That attorney will find three issues that they think will result in a new trial if we rule in their favor. That’s really what the appellate process is: Are the errors committed at the trial court level significant enough to warrant a new trial?
And then the attorney general in the criminal cases will write a brief in opposition, then the appellant or the defendant can file a reply brief as well.
We sit and read transcripts and their briefs and do our own research and come to a decision as to whether or not there was error at the trial court level that warrants a new trial.
Q. How many of the 2,000 cases your court receives a year, how many are taken up by the Indiana Supreme Court?
A. It is rare. You start with the proposition that trial courts throughout the state are doing about 2+ million cases a year. That’s everything. We do 2,000 opinions a year. I think the Supreme Court writes about 60 opinions a year. That’s what their taking of ours.
But we’re considered an error-correcting court, whereas that’s really not their role. Their role is more jurisprudential. It’s “should we look at changing in this regard or changing precedent.”
It’s really an inverse pyramid, with the trial courts, I always say, doing the heavy lifting.
Our turnaround time is very quick. It’s about three months. Some states require oral arguments in every single case, but we don’t.
If you ask for an oral argument, we will sometimes grant that. We do a lot of oral arguments, but most of our oral arguments are traveling oral arguments. We travel all over the state and do live arguments. And we do those in front of high schools, small colleges, bigger schools.
We answer questions or ask questions like we normally would do, and then once we’re finished, then we have a question and answer session with the students.
Q. One thing we heard about at the State of the Judiciary is there’s an attorney shortage in the state, particularly in rural areas. How has that affected your work?
A. I think we’re seeing more pro se litigants, people representing themselves, and that can be difficult because we hold them to the same standard that we would hold a lawyer to. It can be really difficult for them. So in that regard, it has hurt.
We’ll go to traveling oral arguments in some rural county, and the bar association will host a lunch for us. We’ll go and there’ll be six lawyers in the room and I’ll say to somebody, “So how many people are in the bar?” And they’ll say, “Well, you’re looking at it.”
That access to justice is a really difficult thing that I think the state of Indiana is dealing with now. The Supreme Court has just set up a task force to look into how we can improve that. I believe law schools are looking at incentivizing young kids to go practice in rural areas.
It’s a real issue. I think a lot of it stems from the low bar passage rate of the last 10+ years. It’ll be interesting to see what the task force thinks.
Q. How has technology impacted the court?
A. Technology has been huge. All our work is done online now. The briefs are filed online.
The technology that we have to keep an eye on, and we’re already looking at, is artificial intelligence. What impact is that going to have on the courts, especially our courts?
You can punch a button and write an opinion. It’s probably not going to be very good, but as technology improves, it’s going to be. We’re kind of leery of that.
But at the same time, from a research standpoint, it’s been a very valuable tool. We’ve been using AI in that regard for researching for some time now, with Westlaw and Lexus as they’ve come out with those kinds of tools.
Q. There have been changes in how the world views mental health. How has that impacted the court?
A. I see it primarily in the sentencing arena. Before every defendant is sentenced by a trial court, a pre-sentence investigation is prepared on them. And so that’s where you see a lot of that because it discusses their entire background, and the number of people with mental health issues coming through has really increased greatly.
I think the pandemic had a lot to do with that as well. But again, the mental health issues are very much creeping into the system, and one of the things that we’re constantly working on trying to be aware of and trying to, to the extent we can with alternatives to incarceration, assist people.
Q. Are there any other challenges facing today’s judiciary?
A. I guess not necessarily my court, but courts in general. It appears to me that Congress is broken. They’re not passing laws.
So, what are we doing? We have to rely on the other two branches of government to kind of take up the slack, and that’s why you’re seeing tons of executive orders.
That’s not traditionally their job, and then you’re seeing the courts being called upon to determine whether or not those regulations are enforceable.
I see that as a long-term problem that we’ve got to get corrected.
Contact Rory Appleton on X at @roryehappleton or email him at [email protected].
How McCormick, Braun view abortion, taxes and other key issues
A Democrat-turned-Republican and Republican-turned-Democrat will soon face off in the race to become Indiana’s next governor.
Sen. Mike Braun, who voted as a Democrat prior to 2012, captured the Republican nomination in Tuesday’s primary. Jennifer McCormick, formerly a Republican Superintendent of Public Instruction, will represent the Democrats.
Voters will decide the state’s next chief executive in November.
A State Affairs analysis of the candidates’ campaign platforms and public statements found key differences — and a few similarities — in their planned approaches to a variety of issues impacting Hoosier voters.
Here is how they match up.
Abortion
Braun: As a senator, Braun has long supported abortion restrictions.
In 2020, he called for the Supreme Court to re-examine Roe v. Wade.
In 2023, he proposed federal legislation that would have required parental notification before any unemancipated minor could seek an abortion. He said at the time: “Hoosiers put their trust in me to stand up for the unborn, and that’s what I’ve been proud to do every day in the Senate.”
He has since signaled support for the state’s abortion ban. His platform reads: “State lawmakers must work to ensure the gains we have made to protect life are secured and strengthened.”
McCormick: In a Tuesday interview with State Affairs, McCormick said her candidacy represented a referendum on reproductive rights.
“I’m going to fight to restore those rights under any authority I can, working in a bipartisan fashion, using our committees, board and our agencies. I also know, too, what everybody’s fear is: that they’re [Republicans] not going to restore those rights and will take [restrictions] further.”
From her platform: “Indiana’s Republican-led extreme abortion ban has taken away the right of women to make deeply personal decisions regarding their own health care.”
Marijuana
Braun: At a March 26 Republican primary debate, Braun suggested an openness to legalizing medicinal marijuana.
“It’s gonna hit all of us. I’m gonna listen to law enforcement — they have to put up with the brunt of it,” he said. “Medical marijuana is where I think the case is best made that maybe something needs to change. But I’ll take my cue from law enforcement there as well. … I hear a lot of input where [medical marijuana is] helpful, and I think that you need to listen and see what makes sense.”
McCormick: The Democrat’s platform also addresses medical marijuana legalization, while speculating on possible recreational use.
“We will fight for the legalization of medical marijuana as a source of state revenue established on a well-regulated marketplace and monitored by a Cannabis Task Force in order to study the issues, opportunities and potential obstructions associated with recreational marijuana legalization.”
McCormick said she would also support expunging low-level marijuana-related convictions.
Taxes
Braun: At a March 19 National Federation of Independent Business forum, Braun said the state’s property tax system “went out of whack because it couldn’t respond to inflation like we’ve never seen before.”
“The way you finance any lower taxes would be to bank on the government being run more efficiently,” he said.
His platform also calls for government spending cuts to finance lower taxes: “Reducing the size of government is the key to cutting taxes, and Mike Braun will work through every state agency to find ways to save money while delivering high-quality services to taxpayers.”
McCormick: McCormick also spoke about taxes at the March 19 forum.
“I agree with a revamp of our taxing system,” she said. “But also it’s about not just how we’re getting our revenue, it’s about our expenditures. Yes, we need to fix our gas tax. Yes, we need to look at the income tax. But here’s the thing: There are hidden taxes we’re not having a conversation about.”
Her platform also references the possibility of combining state agencies as a way to save money.
Education
Braun: In his platform, Braun supports broadening school choice and parental rights.
“As a former school board member, Mike Braun knows parents are the primary stakeholders in their children’s education and every family, regardless of income or zip code, should be able to enroll in a school of their choice and pursue a curriculum that prepares them for a career, college or the military,” the platform reads.
Braun also pledged to ensure critical race theory and discussions about gender are banned in public schools.
McCormick: Education is one of McCormick’s primary issues, according to her platform.
She calls for the elimination of statewide testing, increased early childhood reading and child care options and a minimum base salary of $60,000 for all K-12 teachers.
McCormick also addresses the state’s school choice movement.
“We will call for a pause in the expansion of school privatization efforts while requiring fiscal and academic accountability and transparency for all of Indiana schools that receive public tax dollars,” her platform reads.
U.S.-Mexico border
Braun: Braun’s television ads have touched on border security, and his platform calls for increased focus on the area.
“Joe Biden and the left have created a humanitarian and national security crisis on our southern border,” the platform reads. “As governor, Mike will continue to support and enact the America First policies that were working. Otherwise, every town will become a border town.”
McCormick: McCormick’s border-related plans are more focused on facilitating legal immigration.
“We will work with local, state and federal officials in supporting an immigrant system that creates a safe, timely, orderly and humane pathway for those seeking legal immigration while keeping our communities and those responsible for border security safe,” her platform reads.
Contact Rory Appleton on X at @roryehappleton or email him at [email protected].
Spartz, Shreve, Stutzman win Republican congressional primaries
A central Indiana congresswoman successfully fought off eight primary challengers, while crowded races for three other Republican-leaning congressional districts began to clear in Tuesday’s primary election. And in northeastern Indiana, a former congressman held on in a tight race as he seeks to return to Congress. All of the state’s nine U.S. House of Representatives …
Mike Braun wins the Indiana Republican nomination for governor
U.S. Sen. Mike Braun was declared the winner of the Republican gubernatorial nomination shortly after polls in Indiana’s Central Time Zone closed. With 98% of votes counted as of Wednesday morning, Braun had 39.6%, followed by Lt. Gov. Suzanne Crouch with 21.8%, Brad Chambers with 17.5%, Eric Doden with 11.9 %, Jamie Reitenour with 4.8% …