To the Bench, Bar, and Public:
The Indiana Supreme Court sought public comment on the following proposed amendments to the Indiana Rules of Court.
Criminal Rule 2.2
The proposed amendment to Criminal Rule 2.2 would add language that the prosecutor is not required to be present for a hearing in a problem-solving court.
Read proposed Criminal Rule 2.2
Criminal Rules 3.3 and 5.1
The proposed amendment to Criminal Rule 3.3 would allow a defendant to plead guilty to fewer than all of the charged offenses at least 20 days before trial without a plea agreement negotiated with the State or at any time with the State’s consent. The proposed amendment to Criminal Rule 5.1 would make a cross-reference to Rule 3.3.
Read proposed Criminal Rules 3.3 and 5.1
Professional Conduct Rule 1.8
The proposed amendment to Professional Conduct Rule 1.8 would allow lawyers providing pro bono services to make small gifts of transportation, lodging, meals, or clothing to clients when such gifts facilitate legal representation.
Read proposed Professional Conduct Rule 1.8
Feedback
The Supreme Court invites public comments on these proposed amendments until Wednesday, July 15, 2026, at 12:00 p.m. (Eastern).
Comments may also be sent in writing to:
Indiana Office of Court Services
c/o Rules Committee
251 N. Illinois Street, Suite 800
Indianapolis, IN 46204
Comments submitted by other means, including those sent directly to court staff or members of the Rules Committee will not be considered.
The Supreme Court's Rules Committee records and reviews each public comment received according to Indiana Trial Rule 80(D). The committee may then adjust the language in the proposed amendment based on public comments. If the committee moves forward with a proposed amendment, a final draft of the rule is submitted to the Indiana Supreme Court with copies of all public comments received. The Court then determines whether to accept the proposed amendment, reject it, rewrite it themselves, or send it back to the Rules Committee for additional study. This process can take several months. If a rule amendment is accepted, the Court will issue an order amending the rules.
