Corporation Counsel outlines 2026 budget, opioid funds and active litigation; explains tort-claim process

Brandon Bealer, corporation counsel for the city-county, presented the Office of Corporation Counsel’s proposed 2026 budget to the Admin & Finance Committee and discussed staffing, litigation workload, the city’s role in major national litigation and the local tort-claim process.

Bealer described OCC as the in-house law firm for the city and county, noting three principal divisions — litigation, counseling and the city prosecutor’s office — and said the office comprises 45 authorized positions with 36 currently filled and nine vacancies. He said litigation caseloads increased this year with 110 newly filed cases to date and highlighted efforts to stabilize staffing and retain attorneys.

On litigation of broad local interest, Bealer said OCC is participating as a plaintiff in national opioid litigation and has received settlement funds; he said $16 million had been received to date and that projected opioid-related revenue could reach $71 million by the end of the process. Bealer referenced delays linked to a bankruptcy proceeding involving the Sackler family (recorded in the committee transcript as “Stackler”) and said the office recently signed off on a matter that should allow movement on settlements.

Bealer also discussed the class-action litigation involving Hyundai and Kia vehicle thefts that has required substantial police-record production. He said Indianapolis was among the jurisdictions selected for extra data collection and is in phase 2 of discovery; multiple municipalities remain in discovery and some jurisdictions declined participation because the workload was too heavy.

Councilors asked about several operational matters. Councilor Nick Roberts asked how residents file tort claims for potholes; Bealer described the statutory tort-claim process: a claimant files a tort claim form (online or in person), OCC’s tort-claim investigator conducts an investigation and the office evaluates liability and damages. If liability is found, Bealer said the office typically offers settlement; the statutory 90-day response period was referenced as governing the timeframe after a claim is filed. Bealer also said OCC can withhold payments or pursue debarment when contractors do not meet diversity goals (this topic was discussed by OMWBD earlier in the meeting).

Bealer described the Office of the City Prosecutor’s work prosecuting ordinance violations and said last year the prosecutor’s office filed 811 cases and closed about 1,012; this year-to-date filings and closures were also reported. He noted a focus on public-records resources, including hiring a deputy chief counsel to concentrate on public-record requests. Bealer described retention efforts, professional-development supports and reimbursement for attorney licensing as tools to preserve institutional knowledge and reduce turnover.

On a prosecutor-related program, Bealer summarized the special assistant U.S. attorney program (partly funded by council appropriation) intended to dedicate federal prosecutorial resources to violent crime in Marion County; he said one hire has been successful, two other positions remain vacant, and federal hiring freezes paused progress but a newly appointed U.S. attorney has resumed discussions.

Bealer closed by describing budget variances: OCC is holding off on certain hires to manage character-1 costs and expects increases in chargebacks and uncontrolled character-3 costs related to professional services and litigation support (experts, transcripts, mediation, etc.).