IC 33TITLE 33. COURTS AND COURT OFFICERS
           Art. 1.REPEALED
           Art. 2.REPEALED
           Art. 2.1.REPEALED
           Art. 3.REPEALED
           Art. 4.REPEALED
           Art. 5.REPEALED
           Art. 5.1.REPEALED
           Art. 5.5.REPEALED
           Art. 6.REPEALED
           Art. 7.REPEALED
           Art. 8.REPEALED
           Art. 9.REPEALED
           Art. 10.REPEALED
           Art. 10.1.REPEALED
           Art. 10.5.REPEALED
           Art. 11.REPEALED
           Art. 11.6.REPEALED
           Art. 12.REPEALED
           Art. 13.REPEALED
           Art. 14.REPEALED
           Art. 15.REPEALED
           Art. 16.REPEALED
           Art. 17.REPEALED
           Art. 18.REPEALED
           Art. 19.REPEALED
           Art. 20.REPEALED
           Art. 21.REPEALED
           Art. 22.EFFECT OF RECODIFICATION OF TITLE 33
           Art. 23.GENERAL PROVISIONS
           Art. 24.SUPREME COURT
           Art. 25.COURT OF APPEALS
           Art. 26.TAX COURT
           Art. 27.JUDICIAL NOMINATING COMMISSION
           Art. 28.CIRCUIT COURTS
           Art. 29.SUPERIOR COURTS
           Art. 30.REPEALED
           Art. 31.PROBATE COURTS
           Art. 32.CIRCUIT COURT CLERKS
           Art. 33.COURT SYSTEM ORGANIZATION IN EACH COUNTY
           Art. 34.MARION COUNTY SMALL CLAIMS COURTS
           Art. 35.CITY AND TOWN COURTS
           Art. 36.ORDINANCE VIOLATIONS BUREAUS
           Art. 37.COURT FEES
           Art. 38.JUDGES
           Art. 39.PROSECUTING ATTORNEYS
           Art. 40.PUBLIC DEFENDERS
           Art. 41.COURT REPORTERS
           Art. 42.NOTARIES PUBLIC
           Art. 43.PRACTICE OF LAW
           Art. 44.INTEREST BEARING ATTORNEY TRUST ACCOUNTS

 

IC 33-1ARTICLE 1. REPEALED

[Pre-Local Government Recodification Citations:

33-1-9-1                formerly 17-3-7-1 part; 17-3-8-1; 33-1-9-1

33-1-10-1              formerly 5-7-9-9 part; 33-1-10-1 part

33-1-10-5              formerly 5-7-9-10

33-1-10-6              formerly 5-7-9-12 part

33-1-10-7              formerly 5-7-9-13

33-1-11-6              formerly 5-7-9-8

33-1-11-7              formerly 17-2-44-2

33-1-14-1              formerly 5-7-9-4

33-1-14-2              formerly 5-7-9-9 part.]

Repealed by P.L.98-2004, SEC.164.

 

IC 33-2ARTICLE 2. REPEALED

Repealed by P.L.98-2004, SEC.164.

 

IC 33-2.1ARTICLE 2.1. REPEALED

Repealed by P.L.98-2004, SEC.164.

 

IC 33-3ARTICLE 3. REPEALED

Repealed by P.L.98-2004, SEC.164.

 

IC 33-4ARTICLE 4. REPEALED

Repealed by P.L.98-2004, SEC.164.

 

IC 33-5ARTICLE 5. REPEALED

[Pre-1998 Recodification Citations:

33-5-3.5-1             New

33-5-3.5-2             formerly 34-1-23-1

33-5-3.5-3             formerly 34-1-23-2

33-5-3.5-4             formerly 34-1-23-3

33-5-3.5-5             formerly 34-1-23-4

33-5-3.5-6             formerly 34-1-23-5

33-5-4-2                formerly 34-2-11-1

33-5-4-3                formerly 34-2-11-2

33-5-4-4                formerly 34-2-11-3.]

Repealed by P.L.98-2004, SEC.164.

 

IC 33-5.1ARTICLE 5.1. REPEALED

[Pre-1998 Recodification Citations:

33-5.1-4-1             formerly 34-1-69-1

33-5.1-4-2             formerly 34-1-69-2

33-5.1-4-3             formerly 34-1-69-3

33-5.1-4-4             formerly 34-1-69-4

33-5.1-4-5             formerly 34-1-69-5

33-5.1-4-6             formerly 34-1-69-6

33-5.1-4-7             formerly 34-1-69-7

33-5.1-4-8             formerly 34-1-69-8

33-5.1-4-9             formerly 34-1-69-9

33-5.1-4-10           formerly 34-1-69-10.]

Repealed by P.L.98-2004, SEC.164.

 

IC 33-5.5ARTICLE 5.5. REPEALED

Repealed by Acts 1975, P.L.305, SEC.54.

 

IC 33-6ARTICLE 6. REPEALED

[Pre-Local Government Recodification Citations:

33-6-3-1                formerly 18-5-12.5-5

33-6-3-2                formerly 18-5-12.5-6

33-6-3-3                formerly 18-5-12.5-7

33-6-3-4                formerly 18-5-12.5-8.]

Repealed by P.L.98-2004, SEC.164.

 

IC 33-7ARTICLE 7. REPEALED

Repealed by P.L.1-1993, SEC.230.

 

IC 33-8ARTICLE 8. REPEALED

Repealed by P.L.98-2004, SEC.164.

 

IC 33-9ARTICLE 9. REPEALED

Repealed by P.L.98-2004, SEC.164.

 

IC 33-10ARTICLE 10. REPEALED

Repealed by P.L.1-1993, SEC.230.

 

IC 33-10.1ARTICLE 10.1. REPEALED

[Pre-Local Government Recodification Citations:

33-10.1-1-1           Part new; formerly 18-2-1-4.2 part; 18-2-1-4.4 part; 18-2-1-5 part; 18-2-1-6 part

33-10.1-1-2           formerly 18-1-14-4.1

33-10.1-2-1           formerly 18-1-14-6 part; 18-1-14.1-2 part

33-10.1-2-2           formerly 18-1-14-5 part

33-10.1-2-3           formerly 33-10-4-1.1 part

33-10.1-2-4           formerly 33-10-5-1 part

33-10.1-2-5           formerly 33-10-4-1.1 part

33-10.1-2-6           formerly 33-10-7-1

33-10.1-2-7           formerly 18-1-14.1-2 part

33-10.1-2-8           formerly 18-1-14-1 part; 18-1-14.1-1 part

33-10.1-3-1           formerly 18-1-14-5 part; 18-2-1-4.2 part; 18-2-1-4.4 part; 18-2-1-5 part; 18-2-1-6 part

33-10.1-3-2           formerly 33-13-11-1

33-10.1-3-3           formerly 18-1-14.1-2 part

33-10.1-4-1           formerly 18-1-14-5 part; 18-1-14.1-2 part

33-10.1-4-2           formerly 18-1-14-6 part; 18-1-14-7 part; 18-1-14.1-2 part; 33-10-5-1 part

33-10.1-4-3           formerly 33-14-3-1 part

33-10.1-5-1           formerly 18-1-14-6 part; 33-10-4-1.1 part; 33-10-5-1 part

33-10.1-5-2           formerly 18-1-14-1 part; 18-1-14.1-1 part

33-10.1-5-3           formerly 18-1-14-12.1

33-10.1-5-4           formerly 33-10-5-3

33-10.1-5-5           formerly 33-10-4-5

33-10.1-5-6           formerly 18-1-14-1 part; 18-1-14.1-1 part

33-10.1-5-7           formerly 18-1-14-1 part; 18-1-14.1-1 part

33-10.1-5-8           formerly 18-1-14-1 part; 18-1-14.1-1 part; 33-10-4-1.1 part; 33-10-5-1 part

33-10.1-5-9           formerly 18-1-14-6 part; 18-1-14.1-1 part; 33-10-4-2.1; 35-1-13-3

33-10.1-5-10         formerly 33-10-5-2

33-10.1-6-1           formerly 18-1-14-1 part; 18-1-14-7 part

33-10.1-6-2           formerly 18-1-14-8

33-10.1-6-3           formerly 18-1-14-1 part; 18-1-14-9; 33-10-5-4

33-10.1-6-4           formerly 18-3-1-32 part

33-10.1-6-5           formerly 33-13-10-1; 33-13-10-2; 33-13-10-3

33-10.1-6-6           formerly 18-1-14-10

33-10.1-6-7           formerly 18-1-14-1 part; 18-1-14.1-1 part

33-10.1-6-8           formerly 33-10-4-3.1

33-10.1-6-9           formerly 18-1-14-6 part; 18-1-14.1-1 part

33-10.1-6-10         formerly 33-10-9-1 part

33-10.1-6-11         formerly 18-1-14-11; 18-1-14.1-1 part

33-10.1-6-12         formerly 18-1-14.1-1 part; 33-4-5-8 part

33-10.1-6-13         formerly 33-10-9-2.]

Repealed by P.L.98-2004, SEC.164.

 

IC 33-10.5ARTICLE 10.5. REPEALED

Repealed by P.L.98-2004, SEC.164.

 

IC 33-11ARTICLE 11. REPEALED

Repealed by Acts 1975, P.L.305, SEC.54.

 

IC 33-11.6ARTICLE 11.6. REPEALED

Repealed by P.L.98-2004, SEC.164.

 

IC 33-12ARTICLE 12. REPEALED

Repealed by P.L.98-2004, SEC.164.

 

IC 33-13ARTICLE 13. REPEALED

Repealed by P.L.98-2004, SEC.164.

 

IC 33-14ARTICLE 14. REPEALED

Repealed by P.L.98-2004, SEC.164.

 

IC 33-15ARTICLE 15. REPEALED

[Pre-Local Government Recodification Citations:

33-15-11-1            formerly 17-3-1-1 part; 33-15-11-1

33-15-11-9            formerly 17-3-2-2.]

Repealed by P.L.98-2004, SEC.164.

 

IC 33-16ARTICLE 16. REPEALED

Repealed by P.L.98-2004, SEC.164.

 

IC 33-17ARTICLE 17. REPEALED

Repealed by P.L.98-2004, SEC.164.

 

IC 33-18ARTICLE 18. REPEALED

Repealed by P.L.305-1987, SEC.38.

 

IC 33-19ARTICLE 19. REPEALED

Repealed by P.L.98-2004, SEC.164.

 

IC 33-20ARTICLE 20. REPEALED

Repealed by P.L.98-2004, SEC.164.

 

IC 33-21ARTICLE 21. REPEALED

[Pre-1998 Recodification Citations:

33-21-1-1         formerly 34-1-60-2

33-21-1-2         formerly 34-1-60-3

33-21-1-3         formerly 34-1-60-4

33-21-1-4         formerly 34-1-60-5

33-21-1-5         formerly 34-1-60-6

33-21-1-6         formerly 34-1-60-7

33-21-1-7         formerly 34-1-60-8

33-21-1-8         formerly 34-1-60-9

33-21-1-9         formerly 34-1-60-10

33-21-1-10       formerly 34-1-60-11

33-21-2-1         New

33-21-3-1         New.]

Repealed by P.L.98-2004, SEC.164.

 

IC 33-22ARTICLE 22. EFFECT OF RECODIFICATION OF TITLE 33
           Ch. 1.Effect of Recodification by the Act of the 2004 Regular Session of the General Assembly

 

IC 33-22-1Chapter 1. Effect of Recodification by the Act of the 2004 Regular Session of the General Assembly
           33-22-1-1"Prior law" defined
           33-22-1-2Purpose of recodification
           33-22-1-3Statutory construction of recodification
           33-22-1-4Effect of recodification
           33-22-1-5Recodification of prior law
           33-22-1-6References to repealed statutes
           33-22-1-7References to citations
           33-22-1-8References to prior rules
           33-22-1-9References to prior law

 

IC 33-22-1-1"Prior law" defined

    Sec. 1. As used in this chapter, "prior law" refers to the statutes concerning courts and court officers that are repealed or amended in the recodification act of the 2004 regular session of the general assembly as the statutes existed before the effective date of the applicable or corresponding provision of the recodification act of the 2004 regular session of the general assembly.

[2004 Recodification Citation: New.]

As added by P.L.98-2004, SEC.1.

 

IC 33-22-1-2Purpose of recodification

    Sec. 2. The purpose of the recodification act of the 2004 regular session of the general assembly is to recodify prior law in a style that is clear, concise, and easy to interpret and apply. Except to the extent that:

(1) the recodification act of the 2004 regular session of the general assembly is amended to reflect the changes made in a provision of another bill that adds to, amends, or repeals a provision in the recodification act of the 2004 regular session of the general assembly; or

(2) the minutes of meetings of the code revision commission during 2003 expressly indicate a different purpose;

the substantive operation and effect of the prior law continue uninterrupted as if the recodification act of the 2004 regular session of the general assembly had not been enacted.

[2004 Recodification Citation: New.]

As added by P.L.98-2004, SEC.1.

 

IC 33-22-1-3Statutory construction of recodification

    Sec. 3. Subject to section 2 of this chapter, sections 4 through 9 of this chapter shall be applied to the statutory construction of the recodification act of the 2004 regular session of the general assembly.

[2004 Recodification Citation: New.]

As added by P.L.98-2004, SEC.1.

 

IC 33-22-1-4Effect of recodification

    Sec. 4. (a) The recodification act of the 2004 regular session of the general assembly does not affect:

(1) any rights or liabilities accrued;

(2) any penalties incurred;

(3) any violations committed;

(4) any proceedings begun;

(5) any bonds, notes, loans, or other forms of indebtedness issued, incurred, or made;

(6) any tax levies made or authorized;

(7) any funds established;

(8) any patents issued;

(9) the validity, continuation, or termination of any contracts, easements, or leases executed;

(10) the validity, continuation, scope, termination, suspension, or revocation of:

(A) permits;

(B) licenses;

(C) certificates of registration;

(D) grants of authority; or

(E) limitations of authority; or

(11) the validity of court decisions entered regarding the constitutionality of any provision of the prior law;

before the effective date of the recodification act of the 2004 regular session of the general assembly (July 1, 2004). Those rights, liabilities, penalties, violations, proceedings, bonds, notes, loans, other forms of indebtedness, tax levies, funds, patents, contracts, easements, leases, permits, licenses, certificates of registration, grants of authority, and limitations of authority continue and shall be imposed and enforced under prior law as if the recodification act of the 2004 regular session of the general assembly had not been enacted.

    (b) The recodification act of the 2004 regular session of the general assembly does not:

(1) extend or cause to expire a permit, license, certificate of registration, or other grant or limitation of authority; or

(2) in any way affect the validity, scope, or status of a license, permit, certificate of registration, or other grant or limitation of authority;

issued under the prior law.

    (c) The recodification act of the 2004 regular session of the general assembly does not affect the revocation, limitation, or suspension of a permit, license, certificate of registration, or other grant or limitation of authority based in whole or in part on violations of the prior law or the rules adopted under the prior law.

[2004 Recodification Citation: New.]

As added by P.L.98-2004, SEC.1.

 

IC 33-22-1-5Recodification of prior law

    Sec. 5. The recodification act of the 2004 regular session of the general assembly shall be construed as a recodification of prior law. Except as provided in section 2(1) and 2(2) of this chapter, if the literal meaning of the recodification act of the 2004 regular session of the general assembly (including a literal application of an erroneous change to an internal reference) would result in a substantive change in the prior law, the difference shall be construed as a typographical, spelling, or other clerical error that must be corrected by:

(1) inserting, deleting, or substituting words, punctuation, or other matters of style in the recodification act of the 2004 regular session of the general assembly; or

(2) using any other rule of statutory construction;

as necessary or appropriate to apply the recodification act of the 2004 regular session of the general assembly in a manner that does not result in a substantive change in the law. The principle of statutory construction that a court must apply the literal meaning of an act if the literal meaning of the act is unambiguous does not apply to the recodification act of the 2004 regular session of the general assembly to the extent that the recodification act of the 2004 regular session of the general assembly is not substantively identical to the prior law.

[2004 Recodification Citation: New.]

As added by P.L.98-2004, SEC.1.

 

IC 33-22-1-6References to repealed statutes

    Sec. 6. Subject to section 9 of this chapter, a reference in a statute or rule to a statute that is repealed and replaced in the same or a different form in the recodification act of the 2004 regular session of the general assembly shall be treated after the effective date of the new provision as a reference to the new provision.

[2004 Recodification Citation: New.]

As added by P.L.98-2004, SEC.1.

 

IC 33-22-1-7References to citations

    Sec. 7. A citation reference in the recodification act of the 2004 regular session of the general assembly to another provision of the recodification act of the 2004 regular session of the general assembly shall be treated as including a reference to the provision of prior law that is substantively equivalent to the provision of the recodification act of the 2004 regular session of the general assembly that is referred to by the citation reference.

[2004 Recodification Citation: New.]

As added by P.L.98-2004, SEC.1.

 

IC 33-22-1-8References to prior rules

    Sec. 8. (a) As used in the recodification act of the 2004 regular session of the general assembly, a reference to rules adopted under any provision of this title or under any other provision of the recodification act of the 2004 regular session of the general assembly refers to either:

(1) rules adopted under the recodification act of the 2004 regular session of the general assembly; or

(2) rules adopted under the prior law until those rules have been amended, repealed, or superseded.

    (b) Rules adopted under the prior law continue in effect after June 30, 2004, until the rules are amended, repealed, or suspended.

[2004 Recodification Citation: New.]

As added by P.L.98-2004, SEC.1.

 

IC 33-22-1-9References to prior law

    Sec. 9. (a) A reference in the recodification act of the 2004 regular session of the general assembly to a citation in the prior law before its repeal is added in certain sections of the recodification act of the 2004 regular session of the general assembly only as an aid to the reader.

    (b) The inclusion or omission in the recodification act of the 2004 regular session of the general assembly of a reference to a citation in the prior law before its repeal does not affect:

(1) any rights or liabilities accrued;

(2) any penalties incurred;

(3) any violations committed;

(4) any proceedings begun;

(5) any bonds, notes, loans, or other forms of indebtedness issued, incurred, or made;

(6) any tax levies made;

(7) any funds established;

(8) any patents issued;

(9) the validity, continuation, or termination of contracts, easements, or leases executed;

(10) the validity, continuation, scope, termination, suspension, or revocation of:

(A) permits;

(B) licenses;

(C) certificates of registration;

(D) grants of authority; or

(E) limitations of authority; or

(11) the validity of court decisions entered regarding the constitutionality of any provision of the prior law;

before the effective date of the recodification act of the 2004 regular session of the general assembly (July 1, 2004). Those rights, liabilities, penalties, violations, proceedings, bonds, notes, loans, other forms of indebtedness, tax levies, funds, patents, contracts, easements, leases, permits, licenses, certificates of registration, grants of authority, and limitations of authority continue and shall be imposed and enforced under prior law as if the recodification act of the 2004 regular session of the general assembly had not been enacted.

    (c) The inclusion or omission in the recodification act of the 2004 regular session of the general assembly of a citation to a provision in the prior law does not affect the use of a prior conviction, violation, or noncompliance under the prior law as the basis for revocation of a license, permit, certificate of registration, or other grant of authority under the recodification act of the 2004 regular session of the general assembly, as necessary or appropriate to apply the recodification act of the 2004 regular session of the general assembly in a manner that does not result in a substantive change in the law.

[2004 Recodification Citation: New.]

As added by P.L.98-2004, SEC.1.

 

IC 33-23ARTICLE 23. GENERAL PROVISIONS
           Ch. 1.Definitions
           Ch. 2.Court Terms and Schedules
           Ch. 3.Senior Judges
           Ch. 4.Court Administrators
           Ch. 5.Magistrates
           Ch. 6.Circuit Court and Superior Court Domestic Relations Alternative Dispute Resolution
           Ch. 7.Repealed
           Ch. 8.Notice to Licensing Body of Insurance Fraud Conviction
           Ch. 9.Protection of Indiana National Guard Members on Active Duty
           Ch. 10.Repealed
           Ch. 11.Ethics
           Ch. 12.Political Activity of Court Employees
           Ch. 13.Defense of Judges and Prosecuting Attorneys
           Ch. 14.Repealed
           Ch. 15.NICS Appeals
           Ch. 16.Problem Solving Courts
           Ch. 17.Judicial Technology Oversight Committee

 

IC 33-23-1Chapter 1. Definitions
           33-23-1-1Application
           33-23-1-2Chairperson
           33-23-1-3Commission on judicial qualifications
           33-23-1-4Crime
           33-23-1-4.5"Drug related felony"
           33-23-1-5Felony
           33-23-1-6Infraction
           33-23-1-7Judicial nominating commission
           33-23-1-8Judicial office
           33-23-1-8.5Medication assisted treatment
           33-23-1-9Misdemeanor
           33-23-1-9.5"NICS"
           33-23-1-9.7NPLEx
           33-23-1-10Offense
           33-23-1-11Vacancy

 

IC 33-23-1-1Application

     Sec. 1. The definitions in this chapter apply throughout this title.

[Pre-2004 Recodification Citation: 33-1-13-1.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-1-2Chairperson

     Sec. 2. "Chairperson" includes an acting chairperson.

[Pre-2004 Recodification Citation: 33-2.1-1-3.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-1-3Commission on judicial qualifications

     Sec. 3. "Commission on judicial qualifications", except as used in IC 33-33-71, means the commission described in Article 7, Section 9 of the Constitution of the State of Indiana.

[Pre-2004 Recodification Citation: 33-2.1-1-3.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-1-4Crime

     Sec. 4. "Crime" means a felony or a misdemeanor.

[Pre-2004 Recodification Citation: 33-1-13-1.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-1-4.5"Drug related felony"

     Sec. 4.5. "Drug related felony" has the meaning set forth in IC 35-48-1-16.3.

As added by P.L.252-2017, SEC.5.

 

IC 33-23-1-5Felony

     Sec. 5. "Felony" means a violation of a statute for which a person may be imprisoned for more than one (1) year.

[Pre-2004 Recodification Citation: 33-1-13-1.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-1-6Infraction

     Sec. 6. "Infraction" means a violation of a statute for which a person may be fined but not imprisoned.

[Pre-2004 Recodification Citation: 33-1-13-1.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-1-7Judicial nominating commission

     Sec. 7. "Judicial nominating commission", except as used in IC 33-33-2, IC 33-33-45, and IC 33-33-71, means the commission described in Article 7, Section 9 of the Constitution of the State of Indiana.

[Pre-2004 Recodification Citation: 33-2.1-1-3.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-1-8Judicial office

     Sec. 8. "Judicial office" means the office held by a judge or justice.

[Pre-2004 Recodification Citation: 33-2.1-1-3.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-1-8.5Medication assisted treatment

     Sec. 8.5. "Medication assisted treatment" has the meaning set forth in IC 12-7-2-128.7.

As added by P.L.203-2017, SEC.6.

 

IC 33-23-1-9Misdemeanor

     Sec. 9. "Misdemeanor" means a violation of a statute for which a person may be imprisoned for not more than one (1) year.

[Pre-2004 Recodification Citation: 33-1-13-1.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-1-9.5"NICS"

     Sec. 9.5. "NICS" has the meaning set forth in IC 35-47-2.5-2.5.

As added by P.L.110-2009, SEC.10.

 

IC 33-23-1-9.7NPLEx

     Sec. 9.7. "NPLEx" refers to the National Precursor Log Exchange.

As added by P.L.5-2016, SEC.2; P.L.9-2016, SEC.1.

 

IC 33-23-1-10Offense

     Sec. 10. "Offense" means a felony, a misdemeanor, an infraction, or a violation of a penal ordinance.

[Pre-2004 Recodification Citation: 33-1-13-1.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-1-11Vacancy

     Sec. 11. "Vacancy" means an opening in a judicial office or an opening on the judicial nominating commission that occurs by reason of death, retirement, resignation, or removal.

[Pre-2004 Recodification Citation: 33-2.1-1-3.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-2Chapter 2. Court Terms and Schedules
           33-23-2-1Calendar year term
           33-23-2-2Continuance of trial; attendance of jury and witnesses
           33-23-2-3Judge's time and attendance; judicial circuit of two or more courts
           33-23-2-4Power and control over judgments; retaining after rendering
           33-23-2-5Term of court describing or fixing period of time
           33-23-2-6Setting for trial of cases at issue; discharge of rules upon which time has run

 

IC 33-23-2-1Calendar year term

    Sec. 1. The term of court for all courts is the calendar year and the judges of a court may act in all matters and proceedings through the entire calendar year.

[Pre-2004 Recodification Citation: 33-1-6-1.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-2-2Continuance of trial; attendance of jury and witnesses

    Sec. 2. If, at the expiration of the time fixed by law for the continuance of the term of a court, the trial of a case is progressing, the court may:

(1) continue sitting beyond the time;

(2) require the attendance of the jury and witnesses; and

(3) do, transact, and enforce all other matters necessary for the determination of the case.

The term of the court may not be considered to be ended until the case has been fully disposed of by the court.

[Pre-2004 Recodification Citation: 33-1-2-1.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-2-3Judge's time and attendance; judicial circuit of two or more courts

    Sec. 3. If a judicial circuit consists of two (2) or more courts, the judge of the circuit shall divide the judge's time and the attendance in each court as the business of the courts requires.

[Pre-2004 Recodification Citation: 33-1-6-2.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-2-4Power and control over judgments; retaining after rendering

    Sec. 4. All courts retain power and control over their judgments for ninety (90) days after rendering the judgments in the same manner and under the same conditions as they retained power and control during the term of court in which the judgments were rendered.

[Pre-2004 Recodification Citation: 33-1-6-3.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-2-5Term of court describing or fixing period of time

    Sec. 5. If in any statute, rule, or order, a period is described or fixed by a term of court, a period of sixty (60) days for the purposes of time limitation only shall be substituted for the term of court.

[Pre-2004 Recodification Citation: 33-1-6-4.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-2-6Setting for trial of cases at issue; discharge of rules upon which time has run

    Sec. 6. In setting for trial a case at issue and in discharging rules upon which time has run, a judge shall:

(1) fix regular periods for setting cases not exceeding one hundred twenty (120) days between the periods; or

(2) set each case by a docket sheet entry, on a day certain, with notice, either in person or by mail, of the date set to attorneys of record.

[Pre-2004 Recodification Citation: 33-1-6-5.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-3Chapter 3. Senior Judges
           33-23-3-1Application for senior judge appointment
           33-23-3-2Approval of application; appointment
           33-23-3-3Service of senior judge
           33-23-3-4Assignment to serve; acceptance; rejection
           33-23-3-5Compensation

 

IC 33-23-3-1Application for senior judge appointment

     Sec. 1. (a) A circuit court, a superior court, a probate court, the tax court, or the court of appeals may apply to the supreme court for the appointment of a senior judge to serve the court.

     (b) The application submitted under this section must include the following:

(1) Reasons for the request.

(2) Estimated duration of the need for a senior judge.

[Pre-2004 Recodification Citation: 33-4-8-1.]

As added by P.L.98-2004, SEC.2. Amended by P.L.32-2005, SEC.1; P.L.201-2011, SEC.14.

 

IC 33-23-3-2Approval of application; appointment

     Sec. 2. Upon approving the request by a circuit court, a superior court, a probate court, the tax court, or the court of appeals for a senior judge, the supreme court may appoint a senior judge to serve that court for the duration specified in the application submitted under section 1 of this chapter.

[Pre-2004 Recodification Citation: 33-4-8-2.]

As added by P.L.98-2004, SEC.2. Amended by P.L.32-2005, SEC.2; P.L.201-2011, SEC.15.

 

IC 33-23-3-3Service of senior judge

     Sec. 3. (a) A senior judge:

(1) exercises the jurisdiction granted to the court served by the senior judge;

(2) may serve as a domestic relations mediator, subject to the code of judicial conduct;

(3) serves at the pleasure of the supreme court; and

(4) serves in accordance with rules adopted by the supreme court under IC 33-24-3-7.

A senior judge serving as a domestic relations mediator is not entitled to reimbursement or a per diem under section 5 of this chapter. A senior judge serving as a domestic relations mediator may receive compensation from the alternative dispute resolution fund under IC 33-23-6 in accordance with the county domestic relations alternative dispute resolution plan.

     (b) A senior judge appointed to serve in a county that has:

(1) a probate court;

(2) a circuit court; or

(3) a superior court judge;

may, with the consent of the probate court judge, the circuit court judge, or any judge of a superior court in the county, sit as the judge of the consenting judge's court in any matter as if the senior judge were the elected judge or appointed judge of the court.

[Pre-2004 Recodification Citation: 33-4-8-3.]

As added by P.L.98-2004, SEC.2. Amended by P.L.22-2016, SEC.1.

 

IC 33-23-3-4Assignment to serve; acceptance; rejection

     Sec. 4. The supreme court may not require a senior judge to accept an assignment to serve a circuit court, a superior court, a probate court, the tax court, or the court of appeals. If a senior judge declines an assignment to serve, the supreme court may offer the senior judge subsequent assignments to serve a circuit court, a superior court, a probate court, the tax court, or the court of appeals.

[Pre-2004 Recodification Citation: 33-4-8-4.]

As added by P.L.98-2004, SEC.2. Amended by P.L.32-2005, SEC.3; P.L.201-2011, SEC.16.

 

IC 33-23-3-5Compensation

     Sec. 5. (a) A senior judge is entitled to the following compensation:

(1) For each of the first thirty (30) days of service in a calendar year, a per diem of one hundred dollars ($100).

(2) Except as provided in subsection (c), for each day the senior judge serves after serving the first thirty (30) days of service in a calendar year, a per diem of two hundred fifty dollars ($250).

(3) Reimbursement for:

(A) mileage; and

(B) reasonable expenses, including but not limited to meals and lodging, incurred in performing service as a senior judge;

for each day served as a senior judge.

     (b) Subject to subsection (c), the per diem and reimbursement for mileage and reasonable expenses under subsection (a) shall be paid by the state.

     (c) The compensation under subsection (a)(2) must be paid by the state from funds appropriated to the supreme court for judicial payroll. If the payroll fund is insufficient to pay the compensation under subsection (a)(2), the supreme court may issue an order adjusting the compensation rate.

     (d) A senior judge appointed under this chapter may not be compensated as a senior judge for more than one hundred (100) total calendar days during a calendar year.

[Pre-2004 Recodification Citation: 33-4-8-5.]

As added by P.L.98-2004, SEC.2. Amended by P.L.246-2005, SEC.220; P.L.119-2007, SEC.1.

 

IC 33-23-4Chapter 4. Court Administrators
           33-23-4-1Application of chapter
           33-23-4-2Creation of position
           33-23-4-3Appointment
           33-23-4-4Full-time position
           33-23-4-5Duties; salary
           33-23-4-6Additional personnel; salaries

 

IC 33-23-4-1Application of chapter

    Sec. 1. This chapter does not apply to a county having a court administrator under Indiana law before July 29, 1975.

[Pre-2004 Recodification Citation: 33-1-12-6.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-4-2Creation of position

    Sec. 2. The position of court administrator may be created by a majority vote of the judges in section 3 of this chapter in every county having a population according to the last United States decennial census of more than one hundred thousand (100,000) persons.

[Pre-2004 Recodification Citation: 33-1-12-1.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-4-3Appointment

    Sec. 3. The court administrator shall be appointed by and serve at the pleasure of the majority of the judges of the following courts of the county sitting in committee:

(1) Circuit court.

(2) Superior court.

(3) Juvenile court.

(4) Probate court.

(5) Criminal court.

[Pre-2004 Recodification Citation: 33-1-12-2.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-4-4Full-time position

    Sec. 4. The court administrator:

(1) shall devote full time to the court administrator's official duties; and

(2) may not engage in any other profession for profit.

[Pre-2004 Recodification Citation: 33-1-12-3.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-4-5Duties; salary

    Sec. 5. (a) Sitting in committee, the judges of the courts listed in section 3 of this chapter in each county shall determine the duties of the court administrator; and the court administrator shall perform the administrative duties the judges determine.

    (b) The salary of the court administrator shall be determined by a majority of the judges listed in section 3 of this chapter in each county, sitting in committee. The court administrator's salary shall be paid by the county upon the order of the majority of the committee of judges.

[Pre-2004 Recodification Citation: 33-1-12-4.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-4-6Additional personnel; salaries

    Sec. 6. (a) To implement this chapter, the judges of the courts, sitting in committee, may appoint additional personnel in sufficient number so that the courts are adequately served by the court administrator.

    (b) The salaries of the additional personnel shall be paid by the county upon the order of the committee of judges.

[Pre-2004 Recodification Citation: 33-1-12-5.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-5Chapter 5. Magistrates
           33-23-5-1Application of chapter
           33-23-5-2Qualifications
           33-23-5-3Restriction on practice of law
           33-23-5-4Confidentiality of applicant files
           33-23-5-5Powers of magistrate
           33-23-5-6Service as judge pro tempore or special judge
           33-23-5-7Administrative duties
           33-23-5-8Judicial mandate; final appealable order
           33-23-5-9Findings; final orders; sentencing hearing; sentencing
           33-23-5-10Salary
           33-23-5-11Source of salary
           33-23-5-12Juvenile court magistrate salary
           33-23-5-13Participation in retirement systems

 

IC 33-23-5-1Application of chapter

     Sec. 1. This chapter applies to a court expressly authorized by statute to appoint a full-time magistrate.

[Pre-2004 Recodification Citation: 33-4-7-1.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-5-2Qualifications

     Sec. 2. A magistrate must be admitted to the practice of law in Indiana.

[Pre-2004 Recodification Citation: 33-4-7-2.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-5-3Restriction on practice of law

     Sec. 3. A magistrate may not engage in the practice of law while holding the office of magistrate.

[Pre-2004 Recodification Citation: 33-4-7-3.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-5-4Confidentiality of applicant files

     Sec. 4. The files of applicants for appointment as a magistrate, including the names of applicants, are confidential as provided in IC 5-14-3-4(b)(8).

[Pre-2004 Recodification Citation: 33-4-7-3.5.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-5-5Powers of magistrate

     Sec. 5. A magistrate may do any of the following:

(1) Administer an oath or affirmation required by law.

(2) Solemnize a marriage.

(3) Take and certify an affidavit or deposition.

(4) Order that a subpoena be issued in a matter pending before the court.

(5) Compel the attendance of a witness.

(6) Punish contempt.

(7) Issue a warrant.

(8) Set bail.

(9) Enforce court rules.

(10) Conduct a preliminary, an initial, an omnibus, or other pretrial hearing.

(11) Conduct an evidentiary hearing or trial.

(12) Receive a jury's verdict.

(13) Verify a certificate for the authentication of records of a proceeding conducted by the magistrate.

(14) Enter a final order, conduct a sentencing hearing, and impose a sentence on a person convicted of a criminal offense as described in section 9 of this chapter.

(15) Enter a final order or judgment in any proceeding involving matters specified in IC 33-29-2-4 (jurisdiction of small claims docket) or IC 34-26-5 (protective orders to prevent domestic or family violence).

(16) Approve and accept criminal plea agreements.

(17) Approve agreed settlements concerning civil matters.

(18) Approve:

(A) decrees of dissolution;

(B) settlement agreements; and

(C) any other agreements;

of the parties in domestic relations actions or paternity actions.

[Pre-2004 Recodification Citation: 33-4-7-4.]

As added by P.L.98-2004, SEC.2. Amended by P.L.127-2008, SEC.3; P.L.173-2015, SEC.4.

 

IC 33-23-5-6Service as judge pro tempore or special judge

     Sec. 6. A magistrate may serve as a judge pro tempore or as a special judge of the court. A magistrate is not entitled to additional compensation for service under this section.

[Pre-2004 Recodification Citation: 33-4-7-5.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-5-7Administrative duties

     Sec. 7. The court may assign a magistrate administrative duties that are consistent with this chapter.

[Pre-2004 Recodification Citation: 33-4-7-6.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-5-8Judicial mandate; final appealable order

     Sec. 8. Except as provided under sections 5(14) and 9(b) of this chapter, a magistrate:

(1) does not have the power of judicial mandate; and

(2) may not enter a final appealable order unless sitting as a judge pro tempore or a special judge.

[Pre-2004 Recodification Citation: 33-4-7-7.]

As added by P.L.98-2004, SEC.2. Amended by P.L.127-2008, SEC.4.

 

IC 33-23-5-9Findings; final orders; sentencing hearing; sentencing

     Sec. 9. (a) Except as provided under subsection (b), a magistrate shall report findings in an evidentiary hearing, a trial, or a jury's verdict to the court. The court shall enter the final order.

     (b) If a magistrate presides at a criminal trial or a guilty plea hearing, the magistrate may do the following:

(1) Enter a final order.

(2) Conduct a sentencing hearing.

(3) Impose a sentence on a person convicted of a criminal offense.

     (c) This subsection does not apply to a consolidated city. Unless the defendant consents, a magistrate who did not preside at the criminal trial may not preside at the sentencing hearing. However, this subsection does not prohibit a magistrate from presiding at a sentencing hearing if there was no trial.

[Pre-2004 Recodification Citation: 33-4-7-8.]

As added by P.L.98-2004, SEC.2. Amended by P.L.108-2015, SEC.2; P.L.173-2015, SEC.5.

 

IC 33-23-5-10Salary

     Sec. 10. A magistrate is entitled to an annual salary equal to eighty percent (80%) of the salary of a judge under IC 33-38-5-6.

[Pre-2004 Recodification Citation: 33-4-7-9.1.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-5-11Source of salary

     Sec. 11. Except as provided in section 12 of this chapter, the state shall pay the salary of a magistrate. A county located in the circuit that the magistrate serves may supplement the magistrate's salary.

[Pre-2004 Recodification Citation: 33-4-7-10.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-5-12Juvenile court magistrate salary

     Sec. 12. The salary of a magistrate appointed under IC 31-31-3-2 shall be paid in accordance with IC 33-38-5-7.

[Pre-2004 Recodification Citation: 33-4-7-11.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-5-13Participation in retirement systems

     Sec. 13. (a) Except as provided in subsection (b), a magistrate may:

(1) participate in the public employees' retirement fund as provided in IC 5-10.3; or

(2) elect to remain in the judges' retirement system under IC 33-38 if the magistrate had previously participated in the system.

     (b) A person who:

(1) is serving as a full-time magistrate on July 1, 2010, and makes an election under IC 33-38-8-10.5; or

(2) begins serving as a full-time magistrate after July 1, 2010;

shall, beginning January 1, 2011, participate in the judges' 1985 benefit system under IC 33-38-8.

[Pre-2004 Recodification Citation: 33-4-7-12.]

As added by P.L.98-2004, SEC.2. Amended by P.L.122-2008, SEC.1.

 

IC 33-23-6Chapter 6. Circuit Court and Superior Court Domestic Relations Alternative Dispute Resolution
           33-23-6-1Alternative dispute resolution fee
           33-23-6-2Alternative dispute resolution fund; copayment for services; prohibition on mediation
           33-23-6-3Plan; judicial approval
           33-23-6-4Annual report

 

IC 33-23-6-1Alternative dispute resolution fee

     Sec. 1. (a) In addition to the fees required under IC 33-37-4-4, if a county meets the requirements of this chapter, the clerk of the court shall collect from the party filing a petition for legal separation, paternity, or dissolution of marriage under IC 31 an alternative dispute resolution fee of twenty dollars ($20).

     (b) Not later than thirty (30) days after the clerk collects a fee under subsection (a), the clerk shall forward to the county auditor the alternative dispute resolution fee. The county auditor shall deposit the fee forwarded by the clerk under this section into the alternative dispute resolution fund.

[Pre-2004 Recodification Citation: 33-4-13-1.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-6-2Alternative dispute resolution fund; copayment for services; prohibition on mediation

     Sec. 2. (a) In each county participating in the program under this chapter, there is established an alternative dispute resolution fund for each of the following:

(1) The circuit court.

(2) The superior court.

(3) The probate court established by IC 33-31-1.

     (b) Notwithstanding subsection (a), if more than one (1) court exercises jurisdiction over domestic relations and paternity cases in a county, one (1) alternative dispute resolution fund may be established to be used by all the courts to implement this chapter if:

(1) the:

(A) county auditor; and

(B) judge of each court that exercises jurisdiction over domestic relations and paternity cases in the county;

agree to establish one (1) fund; and

(2) the agreement to establish the fund is included in the plan adopted by the county under section 3 of this chapter.

     (c) The sources of money for each fund established under subsection (a) or (b) are:

(1) the alternative dispute resolution fee collected under section 1 of this chapter for the circuit court, superior court, or probate court, respectively; and

(2) copayments collected under subsection (d) if:

(A) a county chooses to deposit the copayments into the fund; and

(B) the county specifies in the plan adopted by the county under section 3 of this chapter that the copayments will be deposited in the fund.

     (d) The funds shall be used to foster domestic relations alternative dispute resolution, including:

(1) mediation;

(2) reconciliation;

(3) nonbinding arbitration; and

(4) parental counseling.

Litigants referred by the court to services covered by the fund shall make a copayment for the services in an amount determined by the court based on the litigants' ability to pay. The fund shall be administered by the circuit, superior, or probate court that exercises jurisdiction over domestic relations and paternity cases in the county. A fund used by multiple courts under subsection (b) shall be administered jointly by all the courts using the fund. Money in each fund at the end of a fiscal year does not revert to the county general fund but remains in the fund for the uses specified in this section.

     (e) Each circuit, superior, or probate court that administers an alternative dispute resolution fund shall ensure that money in the fund is disbursed in a manner that primarily benefits those litigants who have the least ability to pay, in accordance with the plan adopted by the county under section 3 of this chapter.

     (f) A court may not order parties into mediation or refer parties to mediation if a party is currently charged with or has been convicted of a crime:

(1) under IC 35-42; or

(2) in another jurisdiction that is substantially similar to the elements of a crime described in IC 35-42.

[Pre-2004 Recodification Citation: 33-4-13-2.]

As added by P.L.98-2004, SEC.2. Amended by P.L.55-2005, SEC.1.

 

IC 33-23-6-3Plan; judicial approval

     Sec. 3. (a) A county desiring to participate in the program under this chapter must:

(1) develop a plan to carry out the purposes of section 2 of this chapter that is approved by a majority of the judges in the county exercising jurisdiction over domestic relations and paternity cases; and

(2) submit the plan to the judicial conference of Indiana.

     (b) The plan under subsection (a) must include:

(1) information concerning how the county proposes to carry out the purposes of the domestic relations alternative dispute resolution fund as set out in section 2 of this chapter; and

(2) a method of ensuring that the money in the alternative dispute resolution fund is disbursed in a manner that primarily benefits those litigants who have the least ability to pay.

The plan may include the use of senior judges as mediators in domestic relations cases as assigned by the supreme court. The judicial conference of Indiana may request additional information from the county as necessary.

[Pre-2004 Recodification Citation: 33-4-13-3.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-6-4Annual report

     Sec. 4. A county that participates in the program under this chapter shall submit a report to the judicial conference of Indiana not later than December 31 of each year summarizing the results of the program.

[Pre-2004 Recodification Citation: 33-4-13-4.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-7Chapter 7. Repealed

[Pre-2004 Recodification Citations:

33-23-7-1         formerly 33-12-3-1

33-23-7-2         formerly 33-12-3-2

33-23-7-3         formerly 33-12-3-3

33-23-7-4         formerly 33-12-3-4.]

Repealed by P.L.201-2011, SEC.115.

 

IC 33-23-8Chapter 8. Notice to Licensing Body of Insurance Fraud Conviction
           33-23-8-1"Governmental body" defined
           33-23-8-2"License" defined
           33-23-8-3"Practitioner"
           33-23-8-4Insurance fraud conviction notice

 

IC 33-23-8-1"Governmental body" defined

     Sec. 1. As used in this chapter, "governmental body" means an agency, a board, or a commission of the legislative, executive, or judicial branch of state government.

[Pre-2004 Recodification Citation: 33-1-16-1.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-8-2"License" defined

     Sec. 2. As used in this chapter, "license" means an occupational or a professional license, registration, permit, or certificate issued by a governmental body.

[Pre-2004 Recodification Citation: 33-1-16-2.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-8-3"Practitioner"

     Sec. 3. As used in this section, "practitioner" means a person who holds a license. The term includes the following:

(1) An attorney.

(2) A person practicing an occupation or a profession that is licensed under IC 27 or by an entity described in IC 25-0.5-3.

[Pre-2004 Recodification Citation: 33-1-16-3.]

As added by P.L.98-2004, SEC.2. Amended by P.L.3-2014, SEC.28.

 

IC 33-23-8-4Insurance fraud conviction notice

     Sec. 4. If a practitioner is convicted under IC 35-43-5-4.5 of:

(1) insurance fraud;

(2) an attempt to commit insurance fraud; or

(3) conspiracy to commit insurance fraud;

the sentencing court shall provide notice of the conviction to each governmental body that has issued a license to the practitioner.

[Pre-2004 Recodification Citation: 33-1-16-4.]

As added by P.L.98-2004, SEC.2. Amended by P.L.181-2005, SEC.3.

 

IC 33-23-9Chapter 9. Protection of Indiana National Guard Members on Active Duty
           33-23-9-1Guarantors of Indiana national guard members

 

IC 33-23-9-1Guarantors of Indiana national guard members

     Sec. 1. (a) An Indiana state court may grant the rights, benefits, and protections described in Section 513 of the federal Servicemembers Civil Relief Act, 50 U.S.C. App. 501 et seq., to a person primarily or secondarily liable on an obligation or a liability of an Indiana national guard member to whom IC 10-16-7-23 applies.

     (b) All rights, benefits, and protections granted to a person under subsection (a) are in addition to the rights, benefits, and protections granted the person under the federal Servicemembers Civil Relief Act, 50 U.S.C. App. 501 et seq.

[Pre-2004 Recodification Citation: 33-1-18-1.]

As added by P.L.98-2004, SEC.2. Amended by P.L.156-2015, SEC.5.

 

IC 33-23-10Chapter 10. Repealed

[Pre-2004 Recodification Citations:

33-23-10-1            formerly 33-1-15-1

33-23-10-2            formerly 33-1-15-2

33-23-10-3            formerly 33-1-15-3

33-23-10-4            formerly 33-1-15-4

33-23-10-5            formerly 33-1-15-5

33-23-10-6            formerly 33-1-15-6

33-23-10-7            formerly 33-1-15-7

33-23-10-8            formerly 33-1-15-8.]

Repealed by P.L.53-2014, SEC.145.

 

IC 33-23-11Chapter 11. Ethics
           33-23-11-1"Cause"
           33-23-11-2"Close relative"
           33-23-11-3"Compensation"
           33-23-11-4"Economic interest"
           33-23-11-5"Employer"
           33-23-11-6"Information of a confidential nature"
           33-23-11-7"Judge"
           33-23-11-8"Person"
           33-23-11-9Participation in cause; economic interest
           33-23-11-10Influence upon actions involving legislator
           33-23-11-11Disclosure of economic interest
           33-23-11-12Compensation resulting from material information
           33-23-11-13Excessive compensation for sale, lease, or service
           33-23-11-14Annual statement of economic interests
           33-23-11-15Filing of statement
           33-23-11-16Contents of statement of economic interests
           33-23-11-17Supreme court or court of appeals; prohibited activities of judges

 

IC 33-23-11-1"Cause"

     Sec. 1. As used in this chapter, "cause" means a trial, a hearing, an arraignment, a controversy, an appeal, a case, or any business performed within the official duty of a justice, judge, or prosecuting attorney.

[Pre-2004 Recodification Citation: 33-2.1-8-1.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-11-2"Close relative"

     Sec. 2. As used in this chapter, "close relative" means a person:

(1) related to another person filing a statement of economic interest; or

(2) related to the other person's spouse;

as a son, a daughter, a grandson, a granddaughter, a great-grandson, a great-granddaughter, a father, a mother, a grandfather, a grandmother, a great-grandfather, a great-grandmother, a brother, a sister, a nephew, a niece, an uncle, or an aunt. For purposes of this section, relatives by adoption, half-blood, marriage, or remarriage are treated as relatives of whole kinship.

[Pre-2004 Recodification Citation: 33-2.1-8-1.]

As added by P.L.98-2004, SEC.2. Amended by P.L.245-2017, SEC.5.

 

IC 33-23-11-3"Compensation"

     Sec. 3. As used in this chapter, "compensation" means any money, thing of value, or economic benefit conferred on or received by any person in return for services rendered or for services to be rendered, whether by that person or another.

[Pre-2004 Recodification Citation: 33-2.1-8-1.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-11-4"Economic interest"

     Sec. 4. As used in this chapter, "economic interest" means substantial financial interest in investments, employment, awarding of contracts, purchases, leases, sales, or similar matters.

[Pre-2004 Recodification Citation: 33-2.1-8-1.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-11-5"Employer"

     Sec. 5. As used in this chapter, "employer" means any person from whom the judge, justice, or prosecuting attorney or the spouse of the judge, justice, or prosecuting attorney receives any nonstate income.

[Pre-2004 Recodification Citation: 33-2.1-8-1.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-11-6"Information of a confidential nature"

     Sec. 6. As used in this chapter, "information of a confidential nature" means information that:

(1) is obtained by reason of the position or office held; and

(2) has not been or will not be communicated to the general public.

[Pre-2004 Recodification Citation: 33-2.1-8-1.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-11-7"Judge"

     Sec. 7. (a) As used in this chapter, "judge" means a judge of the court of appeals, the tax court, or a circuit, superior, county, small claims, or probate court.

     (b) The term includes a judge pro tempore, commissioner, or hearing officer if the judge pro tempore, commissioner, or hearing officer sits more than twenty (20) days other than Saturdays, Sundays, or holidays in one (1) calendar year as a judge, commissioner, or hearing officer in any court.

[Pre-2004 Recodification Citation: 33-2.1-8-1.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-11-8"Person"

     Sec. 8. As used in this chapter, "person" means any individual, proprietorship, partnership, unincorporated association, trust, business trust, group, limited liability company, or corporation, whether or not operated for profit, or a governmental agency or political subdivision.

[Pre-2004 Recodification Citation: 33-2.1-8-1.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-11-9Participation in cause; economic interest

     Sec. 9. A justice, judge, or prosecuting attorney may not participate in a cause that involves a matter in which the justice, judge, or prosecuting attorney or a member of the family of the justice, judge, or prosecuting attorney has an economic interest.

[Pre-2004 Recodification Citation: 33-2.1-8-2.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-11-10Influence upon actions involving legislator

     Sec. 10. The actions of a justice, judge, or prosecuting attorney in a cause that involves a legislator or a member of a legislator's family may not be influenced by any matters previously considered or to be considered by the legislator in the general assembly.

[Pre-2004 Recodification Citation: 33-2.1-8-2.5.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-11-11Disclosure of economic interest

     Sec. 11. A justice, judge, or prosecuting attorney shall promptly and fully disclose any economic interest or other personal stake the justice, judge, or prosecuting attorney or a member of the family of the justice, judge, or prosecuting attorney may have in a cause in which the justice, judge, or prosecuting attorney is a participant.

[Pre-2004 Recodification Citation: 33-2.1-8-3.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-11-12Compensation resulting from material information

     Sec. 12. A justice, judge, or prosecuting attorney may not accept any compensation from any employment, transaction, or investment that was entered into or made as a result of material information of a confidential nature.

[Pre-2004 Recodification Citation: 33-2.1-8-4.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-11-13Excessive compensation for sale, lease, or service

     Sec. 13. A justice, judge, or prosecuting attorney may not accept compensation for the sale or lease of any property or service that exceeds the amount that the justice, judge, or prosecuting attorney would charge in the ordinary course of business from any person or entity whom the justice, judge, or prosecuting attorney knows, or has reason to know, has an economic interest in the outcome of a current or future cause in which the justice, judge, or prosecuting attorney is or may be a participant.

[Pre-2004 Recodification Citation: 33-2.1-8-5.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-11-14Annual statement of economic interests

     Sec. 14. (a) The following shall file with the commission on judicial qualifications an annual statement of economic interests:

(1) Justices, judges, and prosecuting attorneys.

(2) Except as provided in subsection (c), any candidate for one (1) of the offices listed in subdivision (1) who is not the holder of that office.

     (b) Justices and judges who are candidates for retention in office are subject to IC 3-9.

     (c) This section does not apply to a candidate for an appointment pro tempore to fill a vacancy in an office under IC 3-13.

[Pre-2004 Recodification Citation: 33-2.1-8-6.]

As added by P.L.98-2004, SEC.2. Amended by P.L.127-2008, SEC.5.

 

IC 33-23-11-15Filing of statement

     Sec. 15. (a) The statement of economic interests must be filed with the commission on judicial qualifications:

(1) not later than February 1 if the individual is required to file the statement as an officeholder; or

(2) if a candidate for office, before the individual (or a political party officer acting on behalf of the individual) files:

(A) a declaration of candidacy, if required under IC 3-8-2 or IC 3-8-4-11;

(B) a certified petition of nomination with the Indiana election division under IC 3-8-6;

(C) a certificate of nomination under IC 3-8-7-8;

(D) a certificate of candidate selection under IC 3-13-1 or IC 3-13-2; or

(E) a declaration of intent to be a write-in candidate, if required under IC 3-8-2.

     (b) In a county where judges are selected by a county commission on judicial qualifications, a candidate must file a statement with the county commission on judicial qualifications and with the commission on judicial qualifications.

[Pre-2004 Recodification Citation: 33-2.1-8-7.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-11-16Contents of statement of economic interests

     Sec. 16. The statement of economic interests must set forth the following information for the preceding calendar year:

(1) The name and address of any person other than a spouse or close relative from whom the justice, judge, or prosecuting attorney received a gift or gifts having a total fair market value of more than one hundred dollars ($100).

(2) The name of the employer of the justice, judge, or prosecuting attorney and the employer of the spouse of the justice, judge, or prosecuting attorney.

(3) The nature of the employer's business.

(4) The name of any sole proprietorship owned or professional practice operated by the justice, judge, or prosecuting attorney, or the spouse of the justice, judge, or prosecuting attorney, and the nature of the business.

(5) The name of any partnership of which the justice, judge, or prosecuting attorney, or the spouse of the justice, judge, or prosecuting attorney, is a member and the nature of the partnership's business.

(6) The name of any corporation (except a church) of which the justice, judge, or prosecuting attorney, or the spouse of the justice, judge, or prosecuting attorney, is an officer or a director and the nature of the corporation's business.

(7) The name of any corporation in which the justice, judge, or prosecuting attorney, or the spouse or unemancipated children less than eighteen (18) years of age of the justice, judge, or prosecuting attorney, owns stock or stock options having a fair market value of more than ten thousand dollars ($10,000).

[Pre-2004 Recodification Citation: 33-2.1-8-8.]

As added by P.L.98-2004, SEC.2. Amended by P.L.127-2008, SEC.6.

 

IC 33-23-11-17Supreme court or court of appeals; prohibited activities of judges

     Sec. 17. A justice of the supreme court or judge of the court of appeals may not:

(1) engage in the practice of law;

(2) run for elected office other than a judicial office;

(3) directly or indirectly make any contribution to, or hold any office in, a political party or organization; or

(4) take part in any political campaign;

as provided in Article 7, Section 11 of the Constitution of the State of Indiana.

[Pre-2004 Recodification Citation: 33-2.1-8-10.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-12Chapter 12. Political Activity of Court Employees
           33-23-12-1Legislative findings
           33-23-12-2"Court employee"
           33-23-12-3Right to participate in or abstain from political activity

 

IC 33-23-12-1Legislative findings

     Sec. 1. The general assembly finds that:

(1) the right of every citizen to freely participate in political activity is inherent in the guarantee of free speech contained in Article 1, Section 9 of the Constitution of the State of Indiana and in Amendment I to the Constitution of the United States;

(2) the right to freely participate in political activity is guaranteed to state employees under IC 4-15-10-2;

(3) the judiciary is not less subject to constitutional strictures against governmental interference with the free exercise of speech than are the executive and legislative branches of government; and

(4) employees in the judicial branch of state government have the same rights guaranteed to all Indiana citizens.

[Pre-2004 Recodification Citation: 33-1-17-1.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-12-2"Court employee"

     Sec. 2. (a) As used in this chapter, "court employee" means a person employed by any of the following:

(1) The supreme court.

(2) The court of appeals.

(3) The tax court.

(4) A circuit court.

(5) A superior court.

(6) A juvenile court.

(7) A probate court.

(8) A municipal court.

(9) A city or town court.

(10) A small claims court.

     (b) The term does not include a judge of any of the courts listed in subsection (a)(1) through (a)(10).

[Pre-2004 Recodification Citation: 33-1-17-2.]

As added by P.L.98-2004, SEC.2. Amended by P.L.201-2011, SEC.20.

 

IC 33-23-12-3Right to participate in or abstain from political activity

     Sec. 3. Except when on duty or acting in an official capacity and except where otherwise provided by state or federal law, a court employee may not be:

(1) discouraged from engaging in political activity; or

(2) denied the right to choose to refrain from engaging in political activity.

[Pre-2004 Recodification Citation: 33-1-17-3.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-13Chapter 13. Defense of Judges and Prosecuting Attorneys
           33-23-13-1"Judge" defined
           33-23-13-2"Prosecuting attorney" defined
           33-23-13-3Defense by attorney general or private counsel
           33-23-13-4Criminal or disciplinary proceedings
           33-23-13-5Right to select defense counsel; responsibility for civil damages
           33-23-13-6Attorney general employment of legal and other professional services

 

IC 33-23-13-1"Judge" defined

    Sec. 1. As used in this chapter, "judge" has the meaning set forth in IC 33-38-12-3.

[Pre-2004 Recodification Citation: 33-2.1-9-1.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-13-2"Prosecuting attorney" defined

    Sec. 2. As used in this chapter, "prosecuting attorney" includes a senior prosecuting attorney appointed under IC 33-39-1.

[Pre-2004 Recodification Citation: 33-2.1-9-1.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-13-3Defense by attorney general or private counsel

    Sec. 3. If a judge or prosecuting attorney is sued for civil damages or equitable relief and the suit would be construed, under notice pleading, as arising out of an act performed within the scope of the duties of the judge or prosecuting attorney, the attorney general shall:

(1) defend the judge or prosecuting attorney in the suit; or

(2) authorize the executive director of the division of state court administration to hire private counsel to provide the defense.

[Pre-2004 Recodification Citation: 33-2.1-9-1.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-13-4Criminal or disciplinary proceedings

    Sec. 4. This chapter does not permit the appointment of counsel for the defense of a judge or prosecuting attorney in criminal or disciplinary proceedings.

[Pre-2004 Recodification Citation: 33-2.1-9-2.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-13-5Right to select defense counsel; responsibility for civil damages

    Sec. 5. This chapter does not:

(1) deprive a judge or prosecuting attorney of the judge's or prosecuting attorney's right to select defense counsel of the judge's or prosecuting attorney's own choice at the judge's or prosecuting attorney's own expense; or

(2) relieve a prosecuting attorney from responsibility for civil damages.

[Pre-2004 Recodification Citation: 33-2.1-9-3.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-13-6Attorney general employment of legal and other professional services

    Sec. 6. The attorney general may employ legal and other professional services necessary to adequately and fully perform the duties required by this chapter.

[Pre-2004 Recodification Citation: 33-2.1-9-4.]

As added by P.L.98-2004, SEC.2.

 

IC 33-23-14Chapter 14. Repealed

Repealed by P.L.108-2010, SEC.10.

 

IC 33-23-15Chapter 15. NICS Appeals
           33-23-15-1Application of chapter
           33-23-15-2Petition for review; evidence; findings by court or department of correction
           33-23-15-3Judicial review of decision

 

IC 33-23-15-1Application of chapter

     Sec. 1. This chapter applies to the following:

(1) A person civilly committed under IC 12-26-6-8.

(2) A person found to be mentally ill and either dangerous or gravely disabled under IC 12-26-7-5.

(3) A person found guilty but mentally ill under IC 35-36-2-5.

(4) A person found not responsible by reason of insanity under IC 35-36-2-4.

(5) A person found incompetent to stand trial under IC 35-36-3-1.

(6) A confined offender who is determined to be mentally ill and has been involuntarily transferred to and accepted by the division of mental health and addiction under IC 11-10-4-3.

As added by P.L.110-2009, SEC.11.

 

IC 33-23-15-2Petition for review; evidence; findings by court or department of correction

     Sec. 2. (a) If a person described in section 1 of this chapter:

(1) has been released from commitment; or

(2) successfully completes a treatment or rehabilitation program;

the person may petition the court (if the adjudication leading to the person's commitment, rehabilitation, or treatment program was from a court) or the department of correction (if the determination leading to the person's rehabilitation or treatment program was from a psychiatrist employed by or retained by the department of correction) to determine whether the person is prohibited from possessing a firearm because the person is not a proper person under IC 35-47-1-7(11) through IC 35-47-1-7(13).

     (b) In determining whether the person is prohibited from possessing a firearm because the person is not a proper person under IC 35-47-1-7(11) through IC 35-47-1-7(13), the court or department of correction shall consider the following evidence:

(1) The facts and circumstances leading to the person being included in the category of persons to whom this chapter applies.

(2) The person's mental health and criminal history records.

(3) Evidence concerning the person's reputation, including the testimony of character witnesses.

(4) A recent mental health evaluation by a psychiatrist or psychologist licensed to practice in Indiana.

     (c) If the court or the department of correction, after considering the evidence described in subsection (b), finds by clear and convincing evidence that:

(1) the person is not a danger to the person or to others;

(2) the person is not likely to act in a manner dangerous to public safety; and

(3) the requested relief would not be contrary to public interest;

the court or department of correction shall transmit its findings to the department of state court administration, and any other information required by the division of state court administration, for transmission to the NICS in accordance with IC 33-24-6-3.

     (d) A determination under this section may be appealed only in accordance with section 3 of this chapter.

As added by P.L.110-2009, SEC.11. Amended by P.L.127-2011, SEC.2.

 

IC 33-23-15-3Judicial review of decision

     Sec. 3. (a) A person who receives an adverse decision under section 2 of this chapter may seek review of the decision by filing, not later than thirty (30) days after receiving the adverse decision, an action for review:

(1) in the court of conviction, if the adverse decision was made by the department of correction; or

(2) in a circuit or superior court in a county adjacent to the county in which the court rendered the adverse decision, if the adverse decision was made by a court.

     (b) The court hearing an action for review filed under this section shall conduct the review hearing de novo. The hearing shall be conducted in accordance with section 2 of this chapter.

     (c) The determination of a court under this section is a final appealable order.

As added by P.L.110-2009, SEC.11. Amended by P.L.1-2010, SEC.131.

 

IC 33-23-16Chapter 16. Problem Solving Courts
           33-23-16-1"Board"
           33-23-16-2"Chemical test"
           33-23-16-3"Community court"
           33-23-16-4"Domestic violence court"
           33-23-16-5"Drug court"
           33-23-16-6"Family dependency drug court"
           33-23-16-7"Mental health court"
           33-23-16-8"Problem solving court"
           33-23-16-9"Reentry court"
           33-23-16-9.1"Rehabilitative service"
           33-23-16-10"Veterans' court"
           33-23-16-11Establishment of a problem solving court
           33-23-16-12Jurisdiction and eligibility requirements for problem solving courts
           33-23-16-13Individual eligibility requirements
           33-23-16-14Deferred prosecution
           33-23-16-14.5Termination of participation
           33-23-16-15Individuals with nonsuspendible sentences
           33-23-16-16Certification of problem solving courts; personnel certification
           33-23-16-17Duties of the Indiana judicial center
           33-23-16-18Authority of the Indiana judicial center to revoke the certification of a problem solving court; implementation authority
           33-23-16-19Petition to establish a problem solving court
           33-23-16-20Services provided by a problem solving court
           33-23-16-21Powers of a problem solving court
           33-23-16-22Funding of problem solving courts
           33-23-16-23Fees
           33-23-16-23.5Parents and guardians; financial responsibility for fees and expenses assessed against a child
           33-23-16-24Chemical testing; expenses
           33-23-16-24.5Requirements of individuals participating
           33-23-16-25Problem solving court fund
           33-23-16-26No right to participate in a problem solving court program
           33-23-16-27Staff immunity

 

IC 33-23-16-1"Board"

     Sec. 1. As used in this chapter, "board" refers to the board of directors of the judicial conference of Indiana under IC 33-38-9-4.

As added by P.L.108-2010, SEC.4.

 

IC 33-23-16-2"Chemical test"

     Sec. 2. As used in this chapter, "chemical test" means an analysis of an individual's:

(1) blood;

(2) breath;

(3) hair;

(4) sweat;

(5) saliva;

(6) urine; or

(7) other bodily substance;

to determine the presence of alcohol, a drug, or a controlled substance (as defined in IC 35-48-1-9).

As added by P.L.108-2010, SEC.4. Amended by P.L.187-2011, SEC.3.

 

IC 33-23-16-3"Community court"

     Sec. 3. As used in this chapter, "community court" means a problem solving court focused on addressing specific neighborhood or local criminal problems by:

(1) bringing together criminal justice professionals, local social programs, and intensive judicial monitoring; and

(2) linking eligible defendants or juveniles to individually tailored programs or services.

As added by P.L.108-2010, SEC.4.

 

IC 33-23-16-4"Domestic violence court"

     Sec. 4. As used in this chapter, "domestic violence court" means a problem solving court focused on the safety of the victim and the defendant's accountability by:

(1) bringing together criminal justice professionals, local social programs, and intensive judicial monitoring;

(2) linking victims to programs and services; and

(3) linking eligible defendants and juveniles to programs and services.

As added by P.L.108-2010, SEC.4.

 

IC 33-23-16-5"Drug court"

     Sec. 5. (a) As used in this chapter, "drug court" means a problem solving court focused on addressing the substance abuse issues of defendants or juveniles in the criminal justice system by:

(1) bringing together substance abuse rehabilitation professionals, local social programs, and intensive judicial monitoring; and

(2) linking eligible defendants or juveniles to individually tailored programs or services.

     (b) The term does not include an alcohol abuse deterrent program established under IC 9-30-9.

As added by P.L.108-2010, SEC.4.

 

IC 33-23-16-6"Family dependency drug court"

     Sec. 6. As used in this chapter, "family dependency drug court" means a problem solving court focused on supporting families that include a child who has been adjudicated a child in need of services and a parent, guardian, or other household member who has substance abuse problems by:

(1) bringing together substance abuse rehabilitation professionals, local social programs, and intensive judicial monitoring; and

(2) linking eligible parents, guardians, other household members, and juveniles to individually tailored programs or services.

As added by P.L.108-2010, SEC.4.

 

IC 33-23-16-7"Mental health court"

     Sec. 7. As used in this chapter, "mental health court" means a problem solving court focused on addressing the mental health needs of individuals in the court system by:

(1) bringing together mental health professionals, local social programs, and intensive judicial monitoring; and

(2) linking eligible individuals to individually tailored programs or services.

As added by P.L.108-2010, SEC.4.

 

IC 33-23-16-8"Problem solving court"

     Sec. 8. As used in this chapter, "problem solving court" means a court providing a process for immediate and highly structured judicial intervention for eligible individuals that incorporates the following problem solving concepts:

(1) Enhanced information to improve decision making.

(2) Engaging the community to assist with problem solving.

(3) Collaboration with social service providers and other stakeholders.

(4) Linking participants with community services based on risk and needs.

(5) Participant accountability.

(6) Evaluating the effectiveness of operations continuously.

As added by P.L.108-2010, SEC.4.

 

IC 33-23-16-9"Reentry court"

     Sec. 9. As used in this chapter, "reentry court" means a problem solving court that is focused on the needs of individuals who reenter the community after a period of incarceration and that may provide a range of necessary reintegration services for eligible individuals, including the following:

(1) Supervision.

(2) Offender assessment.

(3) Judicial involvement.

(4) Case management and services.

(5) Program evaluation.

(6) Counseling.

(7) Rehabilitative care.

As added by P.L.108-2010, SEC.4.

 

IC 33-23-16-9.1"Rehabilitative service"

     Sec. 9.1. As used in this chapter, "rehabilitative service" means a class, program, or service provided:

(1) to an individual participating in a problem solving court program; and

(2) by:

(A) the problem solving court; or

(B) another entity to which the individual has been referred by the problem solving court;

to address the rehabilitative needs of the individual, including classes, programs, or services concerning education, criminal thinking and behavior, employment, and parenting and family support.

As added by P.L.95-2013, SEC.1.

 

IC 33-23-16-10"Veterans' court"

     Sec. 10. As used in this chapter, "veterans' court" means a problem solving court focused on addressing the needs of veterans in the court system by:

(1) bringing together substance abuse rehabilitation professionals, mental health professionals, local social programs, and intensive judicial monitoring; and

(2) linking eligible veterans to individually tailored programs or services.

As added by P.L.108-2010, SEC.4.

 

IC 33-23-16-11Establishment of a problem solving court

     Sec. 11. A city court or county court may establish a problem solving court. A problem solving court established under this section may be a:

(1) drug court;

(2) mental health court;

(3) family dependency drug court;

(4) community court;

(5) reentry court;

(6) domestic violence court;

(7) veteran's court; or

(8) any other court certified as a problem solving court by the Indiana judicial center under section 17 of this chapter.

As added by P.L.108-2010, SEC.4.

 

IC 33-23-16-12Jurisdiction and eligibility requirements for problem solving courts

     Sec. 12. (a) A problem solving court and accompanying services of the problem solving court are available only to individuals over whom the court that established the problem solving court has jurisdiction.

     (b) A problem solving court with criminal jurisdiction that does not have felony jurisdiction may assume jurisdiction over an individual convicted of a felony from another court within the county if the problem solving court returns the case to the referring court for additional proceedings when:

(1) the individual has successfully completed the problem solving court's program; or

(2) the individual's participation in the problem solving court program is terminated by the problem solving court.

     (c) In accordance with the rules adopted by the board, a problem solving court that is a veteran's court may assume jurisdiction over a veteran who:

(1) meets all the eligibility requirements in section 13 of this chapter; and

(2) is referred to the problem solving court by a court in another jurisdiction.

     (d) The board shall adopt rules prescribing minimum eligibility criteria for an individual to participate in a problem solving court program.

As added by P.L.108-2010, SEC.4. Amended by P.L.213-2015, SEC.255.

 

IC 33-23-16-13Individual eligibility requirements

     Sec. 13. An individual is eligible to participate in a problem solving court program only if:

(1) the individual meets all of the eligibility criteria established by the board under section 12 of this chapter;

(2) the judge of the problem solving court approves the admission of the individual to the problem solving court program; and

(3) the individual is referred to the problem solving court as a result of at least one (1) of the following:

(A) A condition of a pretrial diversion program authorized by statute or authorized by the judge of the problem solving court and the prosecuting attorney.

(B) The procedure described in section 14 of this chapter.

(C) The procedure described in section 15 of this chapter.

(D) A condition of probation.

(E) A condition of participation in a community corrections program under IC 11-12-1.

(F) A condition of participation in a forensic diversion program under IC 11-12-3.7.

(G) A condition of a community transition program under IC 11-10-11.5.

(H) A condition of parole.

(I) An order in a dispositional decree under IC 31-34-20 to participate in a family dependency drug court if the individual is a parent, guardian, or another household member of a child adjudicated a child in need of services.

(J) A condition of an informal adjustment program under IC 31-37-9.

(K) Involvement in:

(i) a child support proceeding;

(ii) a mental health commitment; or

(iii) a civil protection proceeding.

(L) A condition of an informal adjustment program under IC 31-34-8.

(M) A condition of a misdemeanor sentence.

(N) A condition of a program authorized by the:

(i) judge of a problem solving court; and

(ii) department of correction or the county sheriff.

As added by P.L.108-2010, SEC.4. Amended by P.L.136-2012, SEC.7; P.L.95-2013, SEC.2.

 

IC 33-23-16-14Deferred prosecution

     Sec. 14. (a) A court, without entering a judgment of conviction, may defer proceedings against an individual and place the individual in a problem solving court program under this section only if:

(1) the individual meets the conditions for eligibility set forth in section 13(1) and 13(2) of this chapter;

(2) the individual pleads guilty and consents to the referral; and

(3) the judge of the problem solving court, the prosecuting attorney, and the individual all agree upon certain conditions for the individual's participation in the problem solving court program and on the duration of those conditions.

     (b) When an individual's participation in a problem solving court program under this section has been terminated as provided under section 14.5 of this chapter, the problem solving court shall:

(1) enter a judgment of conviction against the individual;

(2) refer the individual's case back to the court that referred the case to the problem solving court to allow the referring court to enter a judgment of conviction against the individual; or

(3) otherwise dispose of the case.

     (c) If an individual fulfills the conditions established by a problem solving court under subsection (a), the problem solving court shall:

(1) dismiss the charges against the individual;

(2) refer the individual's case back to the court that referred the case to the problem solving court to allow the referring court to dismiss the charges against the individual; or

(3) otherwise dispose of the case.

As added by P.L.108-2010, SEC.4. Amended by P.L.187-2011, SEC.4.

 

IC 33-23-16-14.5Termination of participation

     Sec. 14.5. (a) A problem solving court may terminate an individual's participation in a problem solving court program if the individual has violated at least one (1) of the conditions of the individual's:

(1) participation agreement; or

(2) case management plan.

     (b) If it is alleged that an individual has violated at least one (1) condition of a problem solving court program, the problem solving court may:

(1) remand the individual into custody;

(2) order a summons to be issued to the individual to appear; or

(3) order a warrant for the individual's arrest if there is a risk that the individual may:

(A) flee the jurisdiction; or

(B) cause harm to the individual or another individual.

     (c) The problem solving court judge or other hearing officer shall conduct a hearing concerning an alleged violation of a condition of a problem solving court program as follows:

(1) The state must prove the violation by a preponderance of the evidence.

(2) The evidence must be presented in open court.

(3) The individual who is alleged to have committed the violation is entitled to:

(A) receive written notice of the alleged violation;

(B) obtain the disclosure of evidence against the individual;

(C) confront and cross-examine witnesses; and

(D) be represented by counsel.

     (d) An individual participating in a problem solving court program may not be terminated from the problem solving court program for failure to pay a:

(1) problem solving court program service fee; or

(2) chemical testing fee;

assessed against the individual by the problem solving court unless the individual recklessly fails or willfully refuses to pay the assessed fee.

     (e) Except as provided in sections 14 and 15 of this chapter, if the problem solving court judge or hearing officer finds that an individual participating in a problem solving court program has violated a condition of the program, the problem solving court judge or hearing officer may:

(1) continue the individual's participation in the problem solving court program with or without modifying or expanding the individual's conditions for participating in the problem solving court program; or

(2) terminate the individual's participation in the problem solving court program.

As added by P.L.187-2011, SEC.5.

 

IC 33-23-16-15Individuals with nonsuspendible sentences

     Sec. 15. (a) A problem solving court may place an individual in a problem solving court program under this section if the individual is convicted of an offense that is nonsuspendible and the individual meets the conditions for eligibility set forth in section 13(1) and 13(2) of this chapter.

     (b) If the requirements of subsection (a) are met, the court may:

(1) order the execution of the individual's nonsuspendible sentence and stay execution of all or part of the nonsuspendible part of the individual's sentence pending the individual's successful completion of a problem solving court program; and

(2) suspend all or part of the suspendible part of the individual's nonsuspendible sentence, place the individual on probation for the suspended part of the sentence, and require as a condition of probation that the person successfully complete a problem solving court program.

     (c) If an individual has been terminated from a problem solving court program under this section as provided in section 14.5 of this chapter, the court may:

(1) if the person is serving the nonsuspendible part of the person's sentence:

(A) lift the stay of execution of the nonsuspendible part of the individual's sentence and order the individual to serve all or a part of the nonsuspendible sentence; or

(B) otherwise dispose of the case; or

(2) if the individual is serving the suspendible part of the individual's sentence:

(A) order all or a part of the individual's suspendible sentence to be executed; or

(B) otherwise dispose of the case.

     (d) If an individual successfully completes a problem solving court program under this section, the court may:

(1) waive execution of the nonsuspendible part of the individual's sentence; or

(2) otherwise dispose of the case.

As added by P.L.108-2010, SEC.4. Amended by P.L.187-2011, SEC.6; P.L.136-2012, SEC.8.

 

IC 33-23-16-16Certification of problem solving courts; personnel certification

     Sec. 16. (a) As used in this section, "effective date" means the date established by the board after which minimum employment qualifications are required for persons employed by a problem solving court program.

     (b) A program established under this chapter is subject to the regulatory powers of the Indiana judicial center established under IC 33-38-9.

     (c) The board:

(1) shall adopt rules establishing requirements and procedures for:

(A) initial certification;

(B) recertification; and

(C) decertification;

of problem solving courts; and

(2) may adopt rules concerning educational and occupational qualifications for problem solving court employees.

     (d) If the board adopts qualifications for the employees of problem solving courts under subsection (c)(2):

(1) the board shall establish an effective date after which a person employed by a problem solving court must meet the qualifications; and

(2) the qualifications do not apply to a person who is employed:

(A) by a certified problem solving court before the effective date; or

(B) as administrative personnel.

As added by P.L.108-2010, SEC.4.

 

IC 33-23-16-17Duties of the Indiana judicial center

     Sec. 17. The Indiana judicial center shall:

(1) ensure that problem solving courts comply with the rules adopted under this chapter and applicable federal regulations;

(2) certify problem solving courts according to the requirements and procedures established under section 16(c)(1) of this chapter; and

(3) require, as a condition of operation, that each problem solving court created or funded under this chapter be certified according to the rules adopted by the board.

As added by P.L.108-2010, SEC.4.

 

IC 33-23-16-18Authority of the Indiana judicial center to revoke the certification of a problem solving court; implementation authority

     Sec. 18. The Indiana judicial center may:

(1) revoke the certification of a problem solving court if the Indiana judicial center determines that the problem solving court does not comply with rules adopted under this chapter and applicable federal regulations; and

(2) enter into agreements or contracts with:

(A) another department, authority, or agency of the state;

(B) another state;

(C) the federal government;

(D) a state educational institution or private postsecondary educational institution; or

(E) a public or private agency;

to implement this chapter.

As added by P.L.108-2010, SEC.4.

 

IC 33-23-16-19Petition to establish a problem solving court

     Sec. 19. (a) A court shall notify the Indiana judicial center of the court's intention to establish a problem solving court during the planning for the establishment of the problem solving court.

     (b) A court seeking to establish a problem solving court must submit a petition for approval to the Indiana judicial center in accordance with rules adopted by the board.

     (c) A problem solving court may not:

(1) assess fees; or

(2) collect fees;

until the problem solving court is certified by the Indiana judicial center.

As added by P.L.108-2010, SEC.4.

 

IC 33-23-16-20Services provided by a problem solving court

     Sec. 20. (a) A problem solving court may provide the following services to individuals participating in problem solving court programs:

(1) Screening for eligibility and other appropriate services.

(2) Assessment.

(3) Education.

(4) Referral.

(5) Service coordination and case management.

(6) Supervision.

(7) Judicial involvement.

(8) Program evaluation.

(9) Rehabilitative services.

     (b) A problem solving court may not provide direct treatment services unless:

(1) the problem solving court is certified by the division of mental health and addiction under IC 12-23-1-6;

(2) the problem solving court uses licensed medical professionals who provide mental health treatment to individuals with psychiatric disorders; and

(3) the court that establishes the problem solving court determines that existing community resources are inadequate to respond satisfactorily to the demand for services from the court.

As added by P.L.108-2010, SEC.4. Amended by P.L.95-2013, SEC.3.

 

IC 33-23-16-21Powers of a problem solving court

     Sec. 21. A court may take steps necessary to carry out the functions of the problem solving court, including the following:

(1) Hiring employees as needed to perform the required functions of the problem solving court.

(2) Establishing policies and procedures for the problem solving court.

(3) Adopting local court rules as necessary for the problem solving court.

As added by P.L.108-2010, SEC.4.

 

IC 33-23-16-22Funding of problem solving courts

     Sec. 22. (a) The costs of a problem solving court may, at the discretion of the fiscal body of the unit, be supplemented out of the city general fund or the county general fund and may be further supplemented by payment from the user fee fund upon appropriation made under IC 33-37-8.

     (b) A problem solving court may apply for and receive the following:

(1) Gifts, bequests, and donations from private sources.

(2) Grants and contract money from governmental sources.

(3) Other forms of financial assistance approved by the court to supplement the problem solving court's budget.

     (c) A court wishing to establish a problem solving court, including a veteran's court, may apply to the judicial center for financial assistance. The judicial center may provide financial aid to establish the court from funds appropriated to the judicial center for that purpose.

As added by P.L.108-2010, SEC.4. Amended by P.L.179-2015, SEC.11.

 

IC 33-23-16-23Fees

     Sec. 23. (a) The board shall adopt rules establishing a range of fees that may be assessed to an eligible individual to receive problem solving court services under this chapter.

     (b) A court that has established a problem solving court under this chapter may require eligible individuals to pay a fee for problem solving court services.

     (c) If a fee is required under subsection (b), the court shall adopt by local court rule a schedule of fees, consistent with the rules adopted by the board under subsection (a), to be assessed for problem solving court services.

     (d) The problem solving court or the clerk of the court shall collect fees under this section. The fees must be transferred within thirty (30) days after the fees are collected, for deposit by the auditor or fiscal officer in the appropriate user fee fund established under IC 33-37-8.

     (e) Fees collected under this section must be used only to fund problem solving court services under this chapter.

As added by P.L.108-2010, SEC.4. Amended by P.L.136-2012, SEC.10; P.L.95-2013, SEC.4.

 

IC 33-23-16-23.5Parents and guardians; financial responsibility for fees and expenses assessed against a child

     Sec. 23.5. (a) A parent or guardian of a child:

(1) who is:

(A) adjudicated a delinquent child; or

(B) in a program of informal adjustment approved by a juvenile court under IC 31-37-9; and

(2) who is accepted into a problem solving court program;

is financially responsible for the problem solving court services fee and chemical testing expenses assessed against the child by the problem solving court under this chapter.

     (b) A parent or guardian of a child described in subsection (a) shall, before a hearing under subsection (c) concerning payment of fees and expenses assessed against the child, provide financial information to the problem solving court as ordered by the problem solving court.

     (c) The problem solving court shall hold a hearing and may order the parent or guardian to pay fees and expenses assessed against a child described in subsection (a) unless the problem solving court makes a specific finding that:

(1) the parent or guardian is unable to pay the fees or expenses; or

(2) justice would not be served by ordering the parent or guardian to pay the fees or expenses.

     (d) If a parent or guardian is ordered to pay fees or expenses under this section, the parent or guardian shall pay the fees or expenses to the problem solving court or the clerk of the court. The problem solving court shall keep a record of all payments made under this section by each parent or guardian. When a child is discharged from a problem solving court program, the problem solving court shall determine the amount of any unpaid fees or expenses a parent or guardian owes under this section. The problem solving court may reduce the unpaid balance to a final judgment that may be enforced in any court that has appropriate jurisdiction.

As added by P.L.187-2011, SEC.7. Amended by P.L.136-2012, SEC.11.

 

IC 33-23-16-24Chemical testing; expenses

     Sec. 24. (a) A problem solving court may require an individual participating in a problem solving court program to undergo chemical testing.

     (b) An individual may be liable for the cost of any or all chemical tests required by the problem solving court under subsection (a), including:

(1) laboratory expenses; and

(2) problem solving court expenses.

     (c) A laboratory that performs a chemical test as ordered by a problem solving court under subsection (a) shall report the results to the problem solving court.

As added by P.L.108-2010, SEC.4.

 

IC 33-23-16-24.5Requirements of individuals participating

     Sec. 24.5. A problem solving court may require an individual participating in a problem solving court to receive:

(1) addiction counseling;

(2) inpatient detoxification;

(3) case management;

(4) daily living skills; and

(5) medication assisted treatment, including a federal Food and Drug Administration approved long acting, nonaddictive medication for the treatment of opioid or alcohol dependence.

As added by P.L.187-2015, SEC.36; P.L.209-2015, SEC.21.

 

IC 33-23-16-25Problem solving court fund

     Sec. 25. (a) The Indiana judicial center problem solving court fund is established for the purpose of administering, certifying, and supporting problem solving court programs under this chapter. The fund shall be administered by the Indiana judicial center.

     (b) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested.

     (c) Money in the fund at the end of a state fiscal year does not revert to the state general fund.

As added by P.L.108-2010, SEC.4.

 

IC 33-23-16-26No right to participate in a problem solving court program

     Sec. 26. An individual does not have a right to participate in a problem solving court program under this chapter.

As added by P.L.108-2010, SEC.4.

 

IC 33-23-16-27Staff immunity

     Sec. 27. The coordinator and members of the professional and administrative staff of a problem solving court who perform duties in good faith under this chapter are immune from civil liability for:

(1) acts or omissions in providing services under this chapter; and

(2) the reasonable exercise of discretion in determining eligibility to participate in a problem solving court program.

As added by P.L.108-2010, SEC.4.

 

IC 33-23-17Chapter 17. Judicial Technology Oversight Committee
           33-23-17-1"Committee"
           33-23-17-2Judicial technology oversight committee; establishment; members and terms
           33-23-17-3Chairperson; required meetings
           33-23-17-4Committee duties
           33-23-17-5Division of state court administration; committee staff
           33-23-17-6Per diem, mileage, and travel allowances; source of payments
           33-23-17-7Members who are not state employees; per diem, travel and other expenses
           33-23-17-8Members who are state employees; traveling and other expenses
           33-23-17-9Legislative members; per diem, mileage, and travel allowances
           33-23-17-10Majority vote to take action

 

IC 33-23-17-1"Committee"

     Sec. 1. As used in this chapter, "committee" refers to the judicial technology oversight committee established by section 2 of this chapter.

As added by P.L.284-2013, SEC.1.

 

IC 33-23-17-2Judicial technology oversight committee; establishment; members and terms

     Sec. 2. (a) The judicial technology oversight committee is established.

     (b) The committee consists of the following eleven (11) members:

(1) The chief justice of the supreme court or the chief justice's designee.

(2) The chief information officer of the office of technology appointed under IC 4-13.1-2-3 or the chief information officer's designee.

(3) Two (2) members of the senate appointed by the president pro tempore of the senate, not more than one (1) of whom may be affiliated with the same political party.

(4) Two (2) members of the house of representatives appointed by the speaker of the house of representatives, not more than one (1) of whom may be affiliated with the same political party.

(5) One (1) trial court judge appointed by the president of the Indiana Judges Association.

(6) Two (2) circuit court clerks appointed by the president of the Association of Clerks of Circuit Courts of Indiana. One (1) must be a clerk for a county that does not operate under the state's automated judicial system and one (1) must be a clerk for a county that operates under the state's automated judicial system.

(7) One (1) attorney in good standing admitted to the practice of law in Indiana appointed by the president of the Indiana State Bar Association.

(8) One (1) individual affiliated with a taxpayer organization, appointed by the governor.

     (c) The following appointed members of the committee shall serve the following initial terms:

(1) One (1) member of the senate shall be appointed for an initial term of one (1) year, and one (1) member of the senate shall be appointed for an initial term of two (2) years, as determined by the president pro tempore of the senate.

(2) One (1) member of the house of representatives shall be appointed for an initial term of one (1) year, and one (1) member of the house of representatives shall be appointed for an initial term of two (2) years, as determined by the speaker of the house of representatives.

(3) The initial term of the circuit court clerk appointed by the president of the Association of Clerks of Circuit Courts of Indiana is one (1) year.

(4) The initial term of the clerk of the circuit court for a county that does not operate under the state's automated judicial system is two (2) years.

As the initial terms expire, successors shall be appointed for a full three (3) year term.

     (d) Except as provided in subsection (c) concerning the initial terms of certain appointed members, the term of each appointed member of the committee is three (3) years. A member appointed to fill the unexpired term of a member serves until the end of the unexpired term. A member may be reappointed.

As added by P.L.284-2013, SEC.1.

 

IC 33-23-17-3Chairperson; required meetings

     Sec. 3. (a) The chief justice or the chief justice's designee shall serve as the chairperson of the committee.

     (b) The committee shall meet:

(1) at least once each calendar quarter during July 2013, through June 30, 2014, and twice each state fiscal year after June 30, 2014; and

(2) at the call of the chairperson.

As added by P.L.284-2013, SEC.1.

 

IC 33-23-17-4Committee duties

     Sec. 4. (a) The committee shall do the following:

(1) Conduct a continuous study of information technology applications for Indiana's judicial system, including an analysis of appropriate and equitable funding, automated recordkeeping fees and record perpetuation costs, and their allocation between state and local governmental entities.

(2) Develop a long range strategy for technology and automation in Indiana's judicial system, including:

(A) establishing plans for funding and implementing technology and automation;

(B) making recommendations to the division of state court administration for the establishment of a pilot program concerning electronic filing;

(C) allowing public court records to be available on the Internet;

(D) studying the appropriate use of private sector vendors that offer similar interfacing or complementary systems; and

(E) studying any other issues the committee considers appropriate.

(3) Make recommendations to the supreme court concerning the implementation of policies, standards, and rules that promote the effective use of technology and automation in Indiana courts.

     (b) The committee may employ an independent consultant to assist with its study.

As added by P.L.284-2013, SEC.1.

 

IC 33-23-17-5Division of state court administration; committee staff

     Sec. 5. The division of state court administration shall staff the committee.

As added by P.L.284-2013, SEC.1.

 

IC 33-23-17-6Per diem, mileage, and travel allowances; source of payments

     Sec. 6. (a) Except as provided in subsection (b), per diem, mileage, travel allowances, and other expenses paid to committee members shall be paid from appropriations made to the supreme court.

     (b) Per diem, mileage, and travel allowances paid to committee members who are members of the general assembly shall be paid from appropriations made to the legislative council or the legislative services agency.

As added by P.L.284-2013, SEC.1.

 

IC 33-23-17-7Members who are not state employees; per diem, travel and other expenses

     Sec. 7. Each member of the committee who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is also entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.

As added by P.L.284-2013, SEC.1.

 

IC 33-23-17-8Members who are state employees; traveling and other expenses

     Sec. 8. Each member of the committee who is a state employee but who is not a member of the general assembly is entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.

As added by P.L.284-2013, SEC.1.

 

IC 33-23-17-9Legislative members; per diem, mileage, and travel allowances

     Sec. 9. Each member of the committee who is a member of the general assembly is entitled to receive the same per diem, mileage, and travel allowances paid to legislative members of interim study committees established by the legislative council.

As added by P.L.284-2013, SEC.1.

 

IC 33-23-17-10Majority vote to take action

     Sec. 10. The affirmative votes of a majority of the members of the committee are required for the committee to take action on any measure.

As added by P.L.284-2013, SEC.1.

 

IC 33-24ARTICLE 24. SUPREME COURT
           Ch. 1.Justices and Jurisdiction
           Ch. 2.Retention of Justices
           Ch. 3.Duties and Powers
           Ch. 4.Supreme Court Clerk
           Ch. 5.Supreme Court Sheriff
           Ch. 6.Office of Judicial Administration
           Ch. 7.Supreme Court Records
           Ch. 8.Supreme Court Fees
           Ch. 9.Appeal Bonds
           Ch. 10.Disciplinary Proceedings Against Attorneys
           Ch. 11.Repealed
           Ch. 12.Civil Legal Aid Fund
           Ch. 13.Indiana Conference for Legal Education Opportunity

 

IC 33-24-1Chapter 1. Justices and Jurisdiction
           33-24-1-1Justices; quorum
           33-24-1-2Jurisdiction
           33-24-1-3Appeals; amount in controversy
           33-24-1-4Justice presiding at trial of case

 

IC 33-24-1-1Justices; quorum

    Sec. 1. (a) The supreme court consists of five (5) justices.

    (b) Three (3) members of the supreme court constitute a quorum.

[Pre-2004 Recodification Citation: 33-2-1-1.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-1-2Jurisdiction

    Sec. 2. (a) The supreme court has jurisdiction in appeals coextensive with the state and has jurisdiction as provided by the Constitution of the State of Indiana.

    (b) The supreme court has exclusive jurisdiction to:

(1) admit attorneys to practice law in all courts of the state; and

(2) issue restraining orders and injunctions in all cases involving the unauthorized practice of the law;

under rules and regulations as the supreme court may prescribe.

[Pre-2004 Recodification Citations: 33-2-1-1; 33-2-3-1; 33-2.1-2-1.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-1-3Appeals; amount in controversy

    Sec. 3. Except as provided in IC 34-56-1, an appeal may not be taken to the supreme court in any civil case where the amount in controversy, exclusive of interest and costs, does not exceed fifty dollars ($50).

[Pre-2004 Recodification Citation: 33-3-2-4.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-1-4Justice presiding at trial of case

    Sec. 4. The justices of the supreme court, in their respective districts, may preside at the trial of any case pending in any county in a district in which the circuit judge is incompetent to preside.

[Pre-2004 Recodification Citation: 33-2-1-7.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-2Chapter 2. Retention of Justices
           33-24-2-1Approval or rejection of justices
           33-24-2-2Justice's statement concerning retention
           33-24-2-3Expiration of term if no statement filed
           33-24-2-4Expiration of term if retention is rejected
           33-24-2-5Form of ballot for retention question
           33-24-2-6Name of justice on statement and voter registration record

 

IC 33-24-2-1Approval or rejection of justices

     Sec. 1. Justices of the supreme court shall be approved or rejected by the electorate of the state under Article 7, Section 11 of the Constitution of the State of Indiana.

[Pre-2004 Recodification Citation: 33-2.1-2-6.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-2-2Justice's statement concerning retention

     Sec. 2. A justice who wishes to be retained in office shall file a statement with the secretary of state, not later than noon July 15 of the year in which the question of retention of the justice is to be placed on the general election ballot, indicating that the justice wishes to have the question of the justice's retention placed on the ballot. The justice's statement must include a statement of the justice's name as:

(1) the justice wants the justice's name to appear on the ballot; and

(2) the candidate's name is permitted to appear on the ballot under IC 3-5-7.

[Pre-2004 Recodification Citation: 33-2.1-2-6.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-2-3Expiration of term if no statement filed

     Sec. 3. This section applies to a justice:

(1) who does not file a statement under section 2 of this chapter; and

(2) whose term expires under Article 7, Section 11 of the Constitution of the State of Indiana during the year in which the question of the retention of the justice would have been placed on the general election ballot.

The term of a justice expires December 31 of the year in which the question of the justice's retention would have been placed on the ballot.

[Pre-2004 Recodification Citation: 33-2.1-2-6.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-2-4Expiration of term if retention is rejected

     Sec. 4. This section applies to a justice:

(1) who files a statement under section 2 of this chapter; and

(2) whose retention is rejected by the electorate.

The term of a justice ends when the secretary of state issues a certificate under IC 3-12-5-1 stating that the justice has been removed. However, if the justice has filed a petition for a recount under IC 3-12-11, the term of the justice does not end until the state recount commission has issued a certificate under IC 3-12-11-18 stating that the electorate has rejected the retention of the justice.

[Pre-2004 Recodification Citation: 33-2.1-2-6.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-2-5Form of ballot for retention question

     Sec. 5. The question of approval or rejection of a justice shall be placed on the general election ballot in the form prescribed by IC 3-11 and must state "Shall Justice (insert name (as permitted under IC 3-5-7) here) be retained in office?".

[Pre-2004 Recodification Citation: 33-2.1-2-6.]

As added by P.L.98-2004, SEC.3. Amended by P.L.58-2005, SEC.29.

 

IC 33-24-2-6Name of justice on statement and voter registration record

     Sec. 6. The statement filed under section 2 of this chapter must include a statement that the justice requests the name on the justice's voter registration record be the same as the name the justice uses on the statement. If there is a difference between the name on the justice's statement and the name on the justice's voter registration record, the officer with whom the statement is filed shall forward the information to the voter registration officer of the appropriate county as required by IC 3-5-7-6(e). The voter registration officer of the appropriate county shall change the name on the justice's voter registration record to be the same as the name on the justice's statement.

[Pre-2004 Recodification Citation: 33-2.1-2-6.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-3Chapter 3. Duties and Powers
           33-24-3-1Court rules; adoption and publication
           33-24-3-2Publication and distribution of opinions and reports
           33-24-3-3Seal
           33-24-3-4Powers of court
           33-24-3-5Additional powers of court
           33-24-3-6Certification of questions to court by federal appellate courts
           33-24-3-7Senior judge; appointment; rules

 

IC 33-24-3-1Court rules; adoption and publication

     Sec. 1. The supreme court shall adopt and publish rules in conformity with IC 33-24-1-2(b) specifying the terms and conditions under which the supreme court and the court of appeals exercise jurisdiction.

[Pre-2004 Recodification Citation: 33-2.1-3-1.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-3-2Publication and distribution of opinions and reports

     Sec. 2. The judicial opinion or decision in each case determined by the supreme court shall be reduced to writing. Reports of these opinions and decisions may be published and distributed in the manner prescribed by the supreme court.

[Pre-2004 Recodification Citation: 33-2.1-3-2.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-3-3Seal

     Sec. 3. (a) The supreme court shall have a seal that is devised by the justices of the supreme court.

     (b) A description of the seal shall be recorded in the office of the secretary of state.

[Pre-2004 Recodification Citation: 33-2-1-2.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-3-4Powers of court

     Sec. 4. The supreme court may do the following:

(1) Frame, direct, and cause to be used all process, establish modes of practice that may be necessary in the exercise of the supreme court's authority, and make and publish regulations concerning all process and modes of practice.

(2) Establish regulations concerning bonds required in appeals to the supreme court, the amount of the penalties related to the bonds, and for approving sureties executing bonds.

(3) Establish regulations concerning giving notice to officers of inferior courts of the granting of stay of execution, or of supersedeas.

(4) Establish regulations concerning proceedings that are requisite in the supreme court in the exercise of the supreme court's authority that are not specially provided for by law.

[Pre-2004 Recodification Citation: 33-2-1-3.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-3-5Additional powers of court

     Sec. 5. The supreme court may:

(1) impose and administer all necessary oaths;

(2) punish by fine and imprisonment for contempt of the supreme court's authority; and

(3) process and compel the attendance of witnesses by attachment and fine.

[Pre-2004 Recodification Citation: 33-2-1-4.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-3-6Certification of questions to court by federal appellate courts

     Sec. 6. The supreme court may, by rule of court, provide that if:

(1) the Supreme Court of the United States, a circuit court of appeals of the United States, or the court of appeals of the District of Columbia determines that there are involved in any proceeding before the federal appellate court questions or propositions of the laws of Indiana that are determinative of the proceeding; and

(2) there are no clear controlling precedents in the decisions of the supreme court;

the federal appellate court may certify the questions or propositions of the laws of Indiana to the supreme court for instructions concerning the questions or propositions of state law, and the supreme court, by written opinion, may answer.

[Pre-2004 Recodification Citation: 33-2-4-1.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-3-7Senior judge; appointment; rules

     Sec. 7. (a) The supreme court may appoint a judge who is certified as a senior judge by the judicial nominating commission to serve a circuit court, a superior court, a probate court, the tax court, or the court of appeals if the court requests the services of a senior judge.

     (b) The supreme court may adopt rules concerning:

(1) certification by the judicial nominating commission; and

(2) appointment by the supreme court;

of senior judges.

[Pre-2004 Recodification Citation: 33-2-1-8.]

As added by P.L.98-2004, SEC.3. Amended by P.L.32-2005, SEC.4; P.L.201-2011, SEC.21.

 

IC 33-24-4Chapter 4. Supreme Court Clerk
           33-24-4-1Appointment by chief justice; bond; salary; powers and duties
           33-24-4-2Duties
           33-24-4-3Allowance for record books and stationery furnished
           33-24-4-4Entry of allowance on order book; warrant for payment
           33-24-4-5Certifying supreme court or appellate court opinion, decision, and judgment
           33-24-4-6Inspection of clerk's office
           33-24-4-7Delivery of books and papers to successor
           33-24-4-8Posting of table of fees
           33-24-4-9Personal liability of clerk

 

IC 33-24-4-1Appointment by chief justice; bond; salary; powers and duties

     Sec. 1. (a) The chief justice of the supreme court shall appoint a clerk of the supreme court. The individual appointed serves at the pleasure of the chief justice of the supreme court.

     (b) The clerk shall execute a bond in an amount directed by the supreme court.

     (c) The clerk shall be paid a salary determined by the supreme court.

     (d) In addition to the powers and duties prescribed by law, the clerk has the powers and duties determined by the supreme court.

[Pre-2004 Recodification Citation: 33-15-1-1.]

As added by P.L.98-2004, SEC.3. Amended by P.L.14-2004, SEC.190.

 

IC 33-24-4-2Duties

     Sec. 2. The clerk of the supreme court shall do the following:

(1) Reside, and keep the clerk's office open, in a building provided for that purpose by the state, at the seat of government, from 9 a.m. until 4 p.m. of every day in the year except Sundays and Independence Day.

(2) Procure and preserve in the office all records and other books and stationery required by the court.

(3) Attend, in person or by deputy, the terms of the court.

(4) Administer all oaths authorized by law.

(5) Sign and seal, with the seal, and issue all process required to be issued from the court, under the clerk's hand.

(6) Endorse the time of filing books, records, or writings required to be filed or deposited in the clerk's office.

(7) Make a complete record of all causes finally determined in the court, except the transcript of the court below.

[Pre-2004 Recodification Citation: 33-15-1-2.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-4-3Allowance for record books and stationery furnished

     Sec. 3. The supreme court shall allow the clerk of the supreme court a reasonable compensation for the record books and stationery furnished by the clerk for the use of the court if the clerk presents to the court an account specifying each item to be furnished to the court. The account presented by the clerk must be verified by an oath taken and subscribed by the clerk, to be administered by a justice of the court.

[Pre-2004 Recodification Citation: 33-15-1-3.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-4-4Entry of allowance on order book; warrant for payment

     Sec. 4. An allowance made under section 3 of this chapter shall be entered on the order book of the supreme court. Upon receipt of a certified transcript of the allowance that is signed by a justice of the supreme court and attested by the seal of the court, the auditor of state shall issue a warrant for the allowance to the treasurer of state.

[Pre-2004 Recodification Citation: 33-15-1-4.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-4-5Certifying supreme court or appellate court opinion, decision, and judgment

     Sec. 5. (a) The clerk of the supreme court shall certify any opinion, decision, and judgment of the supreme court and of the court of appeals to the lower court from which the cause was appealed, in the manner provided by statute and by the rules of the supreme court.

     (b) The clerk of the court from which the cause was appealed, upon receipt of the certification, shall file the certification with the papers in the cause, and that court shall order the opinion, decision, and judgment, including its certification, spread of record in the order book of the court.

[Pre-2004 Recodification Citation: 33-15-1-5.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-4-6Inspection of clerk's office

     Sec. 6. The supreme court shall annually appoint one (1) of its justices to inspect the office of the clerk of the supreme court and to report, at the next term, the condition of the records and books of that office. The report shall be entered on the order book of the court.

[Pre-2004 Recodification Citation: 33-15-1-6.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-4-7Delivery of books and papers to successor

     Sec. 7. The clerk of the supreme court shall deliver to the clerk's successor all the books and papers of the clerk's office.

[Pre-2004 Recodification Citation: 33-15-1-7.]

As added by P.L.98-2004, SEC.3. Amended by P.L.14-2004, SEC.191.

 

IC 33-24-4-8Posting of table of fees

     Sec. 8. The clerk of the supreme court shall post a table of fees in a conspicuous place in the clerk's office. If the clerk fails to post a table of fees, the clerk may not demand or receive fees for services that the clerk renders.

[Pre-2004 Recodification Citation: 33-15-1-8.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-4-9Personal liability of clerk

     Sec. 9. (a) The clerk of the supreme court is not personally liable for any act or omission occurring in connection with the performance of the clerk's official duties, unless the act or omission constitutes gross negligence or an intentional disregard of the responsibilities of the office of clerk.

     (b) The fact that the clerk is not personally liable under subsection (a) does not preclude an action against the clerk's bond based on an error or omission committed by the clerk.

As added by P.L.60-2010, SEC.1.

 

IC 33-24-5Chapter 5. Supreme Court Sheriff
           33-24-5-1Appointment; bond; term of office; vacancies
           33-24-5-2Attendance of court; executing orders and process of court
           33-24-5-3Transmitting process, rule, or order to county sheriff
           33-24-5-4County sheriff returning process, rule, or order; service by sheriff of supreme court
           33-24-5-5Mileage and fees for service of process, rule, or order
           33-24-5-6Postage on process, rules, or orders
           33-24-5-7Coroner to act as deputy
           33-24-5-8Penalties and liabilities
           33-24-5-9Compensation for fuel, stationery, and extra services

 

IC 33-24-5-1Appointment; bond; term of office; vacancies

     Sec. 1. (a) On the second Monday of January in each odd-numbered year, the supreme court shall appoint a sheriff.

     (b) The sheriff of the supreme court must give bond in the sum of five thousand dollars ($5,000), with sureties to be approved by the court.

     (c) The term of the sheriff's office is two (2) years.

     (d) When a vacancy in the sheriff's office occurs in vacation, any two (2) of the justices of the court may appoint a sheriff to serve until the next term of the court, when the vacancy shall be filled by a vote of a majority of the court's justices.

[Pre-2004 Recodification Citation: 33-15-7-1.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-5-2Attendance of court; executing orders and process of court

     Sec. 2. (a) Except as provided in subsection (b), the sheriff of the supreme court or a county police officer shall:

(1) attend the court in term time;

(2) execute the orders of the court;

(3) preserve order within the court;

(4) execute all process issued out of the court; and

(5) execute all civil process issued out of the court.

     (b) This subsection applies only if a consolidated law enforcement department is established under IC 36-3-1-5.1. The ordinance adopted by the legislative body of the consolidated city shall determine whether:

(1) the orders of the court; and

(2) all criminal process issued out of the court;

shall be executed by an officer of the sheriff's department or an officer of the consolidated law enforcement department.

[Pre-2004 Recodification Citation: 33-15-7-2.]

As added by P.L.98-2004, SEC.3. Amended by P.L.227-2005, SEC.10; P.L.1-2006, SEC.502.

 

IC 33-24-5-3Transmitting process, rule, or order to county sheriff

     Sec. 3. (a) When any process, rule, or order, is received by the sheriff of the supreme court, the sheriff may transmit it by mail to the sheriff of the county where the process, rule, or order is to be served.

     (b) The sheriffs of each county are the deputies of the sheriff of the supreme court. However, each county sheriff is liable on the county sheriff's own bond for all acts done by the county sheriff as a deputy of the sheriff of the supreme court.

[Pre-2004 Recodification Citation: 33-15-7-3.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-5-4County sheriff returning process, rule, or order; service by sheriff of supreme court

     Sec. 4. (a) A county sheriff acting as a deputy of the sheriff of the supreme court may:

(1) enclose any process, rule, or order of the court that the county sheriff receives;

(2) direct the process, rule, or order to the sheriff of the supreme court; and

(3) deposit the process, rule, or order in a post office in the county sheriff's county ten (10) days before the return day of the process, rule, or order.

A county sheriff that complies with this subsection is not liable for failing to return the process, rule, or order.

     (b) If money must be returned with a process, rule, or order described in subsection (a), the county sheriff may transmit the money by mail, enclosed with the process, rule, or order, addressed to the sheriff of the supreme court. However, the testimony of the postmaster that the payment was mailed is necessary to exempt the county sheriff from liability.

     (c) In case of the return of any process, rule, or order of the court described in subsection (a) by any county sheriff, unserved or unsatisfied, the sheriff of the supreme court may visit any county and personally serve the process, rule, or order in the same manner provided by law for the service by county sheriffs. For this service, the sheriff of the supreme court is entitled to receive, for the distance actually traveled in going to and returning from the county seat of the county where the process, rule, or order is to be served, and from the county seat to the place where the process, rule, or order is served, a sum for mileage for each instance equal to the sum per mile paid to state employees and officers plus those other fees allowed by law to county sheriffs, with the rate for mileage to change each time the state government changes its rate per mile. The sum for mileage and fees shall be imposed as costs in the case in which the process, rule, or order is issued, and shall be collected as other costs.

[Pre-2004 Recodification Citation: 33-15-7-4.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-5-5Mileage and fees for service of process, rule, or order

     Sec. 5. (a) The mileage and fees for service of any process, rule, or order issued out of the supreme court is the same as in case of similar process from the circuit court.

     (b) When any process, rule, or order issued out of the supreme court is served by the county sheriff, the county sheriff is allowed the fees for mileage and one half (1/2) of the fees for service. The remaining half of the fees for service shall be paid the sheriff of the supreme court.

     (c) Fees for mileage may be charged only from the county seat of the county in which the process is to be served to the place of service.

     (d) When money is collected on any process, rule, or order issued out of the supreme court by the county sheriff, two-thirds (2/3) of the sheriff's allowance is retained by the county sheriff and the remaining one-third (1/3) must be delivered to the sheriff of the supreme court.

[Pre-2004 Recodification Citation: 33-15-7-5.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-5-6Postage on process, rules, or orders

     Sec. 6. The sheriff of the supreme court must pay both the outgoing and return postage on process, rules, or orders issued by the court and recover the funds expended on postage as part of the costs of the proceeding.

[Pre-2004 Recodification Citation: 33-15-7-6.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-5-7Coroner to act as deputy

     Sec. 7. The sheriff of the supreme court may require the coroner of any county to act as the sheriff of the supreme court's deputy where the sheriff of that county is an interested party.

[Pre-2004 Recodification Citation: 33-15-7-7.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-5-8Penalties and liabilities

     Sec. 8. The sheriff of the supreme court is subject to all the penalties and liabilities of sheriffs of the circuit courts.

[Pre-2004 Recodification Citation: 33-15-7-8.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-5-9Compensation for fuel, stationery, and extra services

     Sec. 9. (a) The supreme court must allow the sheriff of the supreme court reasonable compensation for fuel, stationery, and extra services. The sheriff of the supreme court may file a statement verified by an oath administered by the clerk of the court specifying each expenditure eligible for compensation.

     (b) The compensation allowed to the sheriff of the supreme court by the court shall be entered on the order book of the court. On the presentation of a certified copy of an order for compensation, attested with the seal of the court, to the auditor of state, the auditor of state shall issue a warrant for the payment of compensation to the sheriff to the treasurer of state.

[Pre-2004 Recodification Citation: 33-15-7-9.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-6Chapter 6. Office of Judicial Administration
           33-24-6-1Creation of office; divisions
           33-24-6-2Personnel; appointment; full-time positions; salaries
           33-24-6-3Duties of division of state court administration
           33-24-6-4Office of guardian ad litem and court appointed special advocate services; funding
           33-24-6-5Appropriations for guardian ad litem or court appointed special advocate program; formula
           33-24-6-6Duties of division of supreme court administration
           33-24-6-7Distribution and title of reports
           33-24-6-8Enforcement of chapter by rules of supreme court
           33-24-6-9Appointment of administrative or clerical personnel
           33-24-6-10Trial court districts; transfer of judges
           33-24-6-11Expenses for judges transferred to other counties
           33-24-6-12Judicial technology and automation project fund
           33-24-6-13Report concerning enforcement of residential complex

 

IC 33-24-6-1Creation of office; divisions

     Sec. 1. (a) There is created within the office of chief justice the office of judicial administration.

     (b) The office consists of two (2) divisions, entitled:

(1) supreme court administration; and

(2) state court administration.

     (c) The division of supreme court administration shall be headed by a supreme court administrator. The division of state court administration shall be headed by an executive director.

[Pre-2004 Recodification Citation: 33-2.1-7-1.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-6-2Personnel; appointment; full-time positions; salaries

     Sec. 2. (a) The personnel of the office of judicial administration shall be appointed by and serve at the pleasure of the chief justice.

     (b) The personnel shall devote full time to their official duties and may not engage in any other profession for profit.

     (c) Personnel salaries shall be fixed by the supreme court subject to approval by the budget agency.

[Pre-2004 Recodification Citation: 33-2.1-7-2.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-6-3Duties of division of state court administration

     Sec. 3. (a) The division of state court administration shall do the following:

(1) Examine the administrative and business methods and systems employed in the offices of the clerks of court and other offices related to and serving the courts and make recommendations for necessary improvement.

(2) Collect and compile statistical data and other information on the judicial work of the courts in Indiana. All justices of the supreme court, judges of the court of appeals, judges of all trial courts, and any city or town courts, whether having general or special jurisdiction, court clerks, court reporters, and other officers and employees of the courts shall, upon notice by the executive director and in compliance with procedures prescribed by the executive director, furnish the executive director the information as is requested concerning the nature and volume of judicial business. The information must include the following:

(A) The volume, condition, and type of business conducted by the courts.

(B) The methods of procedure in the courts.

(C) The work accomplished by the courts.

(D) The receipt and expenditure of public money by and for the operation of the courts.

(E) The methods of disposition or termination of cases.

(3) Prepare and publish reports, not less than one (1) or more than two (2) times per year, on the nature and volume of judicial work performed by the courts as determined by the information required in subdivision (2).

(4) Serve the judicial nominating commission and the judicial qualifications commission in the performance by the commissions of their statutory and constitutional functions.

(5) Administer the civil legal aid fund as required by IC 33-24-12.

(6) Administer the judicial technology and automation project fund established by section 12 of this chapter.

(7) By December 31, 2013, develop and implement a standard protocol for sending and receiving court data:

(A) between the protective order registry, established by IC 5-2-9-5.5, and county court case management systems;

(B) at the option of the county prosecuting attorney, for:

(i) a prosecuting attorney's case management system;

(ii) a county court case management system; and

(iii) a county court case management system developed and operated by the division of state court administration;

to interface with the electronic traffic tickets, as defined by IC 9-30-3-2.5; and

(C) between county court case management systems and the case management system developed and operated by the division of state court administration.

The standard protocol developed and implemented under this subdivision shall permit private sector vendors, including vendors providing service to a local system and vendors accessing the system for information, to send and receive court information on an equitable basis and at an equitable cost.

(8) Establish and administer an electronic system for receiving information that relates to certain individuals who may be prohibited from possessing a firearm and transmitting this information to the Federal Bureau of Investigation for inclusion in the NICS.

(9) Establish and administer an electronic system for receiving drug related felony conviction information from courts. The division shall notify NPLEx of each drug related felony entered after June 30, 2012, and do the following:

(A) Provide NPLEx with the following information:

(i) The convicted individual's full name.

(ii) The convicted individual's date of birth.

(iii) The convicted individual's driver's license number, state personal identification number, or other unique number, if available.

(iv) The date the individual was convicted of the felony.

Upon receipt of the information from the division, a stop sale alert must be generated through NPLEx for each individual reported under this clause.

(B) Notify NPLEx if the felony of an individual reported under clause (A) has been:

(i) set aside;

(ii) reversed;

(iii) expunged; or

(iv) vacated.

Upon receipt of information under this clause, NPLEx shall remove the stop sale alert issued under clause (A) for the individual.

(10) Staff the judicial technology oversight committee established by IC 33-23-17-2.

(11) After July 1, 2018, establish and administer an electronic system for receiving from courts felony conviction information for each felony described in IC 20-28-5-8(c). The division shall notify the department of education at least one (1) time each week of each felony described in IC 20-28-5-8(c) entered after July 1, 2018, and do the following:

(A) Provide the department of education with the following information:

(i) The convicted individual's full name.

(ii) The convicted individual's date of birth.

(iii) The convicted individual's driver's license number, state personal identification number, or other unique number, if available.

(iv) The date the individual was convicted of the felony.

(B) Notify the department of education if the felony of an individual reported under clause (A) has been:

(i) set aside;

(ii) reversed; or

(iii) vacated.

     (b) All forms to be used in gathering data must be approved by the supreme court and shall be distributed to all judges and clerks before the start of each period for which reports are required.

     (c) The division may adopt rules to implement this section.

[Pre-2004 Recodification Citation: 33-2.1-7-3.]

As added by P.L.98-2004, SEC.3. Amended by P.L.110-2009, SEC.12; P.L.130-2009, SEC.19; P.L.1-2010, SEC.132; P.L.284-2013, SEC.2; P.L.5-2016, SEC.3; P.L.9-2016, SEC.2; P.L.185-2017, SEC.7; P.L.252-2017, SEC.6.

 

IC 33-24-6-4Office of guardian ad litem and court appointed special advocate services; funding

     Sec. 4. (a) The division of state court administration shall establish and administer an office of guardian ad litem and court appointed special advocate services. The division shall use money it receives from the state general fund to administer the office. If funds for guardian ad litem and court appointed special advocate programs are appropriated by the general assembly, the division shall provide matching funds to counties that implement and administer, in courts with juvenile jurisdiction, a guardian ad litem or court appointed special advocate program for children who are alleged to be victims of child abuse or neglect under IC 31-33. Matching funds must be distributed in accordance with the provisions of section 5 of this chapter. A county may use these matching funds to supplement amounts that are collected as fees under IC 31-40-3-1 and used for the operation of guardian ad litem and court appointed special advocate programs. The division may use its administrative fund to provide training services and communication services for local officials and local guardian ad litem and court appointed special advocate programs. The county fiscal body shall appropriate adequate funds for the county to be eligible for matching funds under this section.

     (b) Matching funds provided to a county under this section shall be used for guardian ad litem and court appointed special advocate programs and may be deposited in the county's guardian ad litem or court appointed special advocate fund described in IC 31-40-3.

     (c) Any matching funds appropriated to the division of state court administration that are not used before July 1 of each fiscal year do not revert but shall be redistributed under this section on July 1. The division shall redistribute the funds among counties providing guardian ad litem and court appointed special advocate programs that are entitled to receive matching funds.

     (d) Money appropriated to the division of state court administration does not revert at the end of a state fiscal year to the state general fund.

     (e) Only guardian ad litem or court appointed special advocate programs certified by the supreme court are eligible for funding under this section.

[Pre-2004 Recodification Citation: 33-2.1-7-3.1.]

As added by P.L.98-2004, SEC.3. Amended by P.L.129-2005, SEC.11.

 

IC 33-24-6-5Appropriations for guardian ad litem or court appointed special advocate program; formula

     Sec. 5. (a) If appropriated by the general assembly, the division of state court administration shall grant to each county with a guardian ad litem or court appointed special advocate program an annual appropriation calculated under the following formula:

STEP ONE: Deduct the annual appropriation to the division of state court administration for administrative expenses.

STEP TWO: Ascertain the number of children in need of services cases in each county, as determined by the division of state court administration from reports filed under IC 33-24-6-3, during the preceding calendar year.

STEP THREE: Divide the result under STEP TWO by the total number of children in need of services cases in Indiana, as determined by the division of state court administration from reports filed under IC 33-24-6-3, during the preceding calendar year.

STEP FOUR: Multiply the result under STEP THREE by the remaining state match appropriation.

     (b) If, under subsection (a), a county's grant would result in a grant of two thousand dollars ($2,000) or less, the county is entitled to receive a grant of two thousand dollars ($2,000). After subtracting the state match appropriation distributed to these counties from the total remaining state appropriation, the division of state court administration shall distribute the remaining state appropriation under the following formula:

STEP ONE: Subtract the total number of children in need of services cases in the counties covered under subsection (a) from the total number of children in need of services cases in Indiana, as determined by the division of state court administration, during the preceding calendar year.

STEP TWO: Divide the number of children in need of services cases in each of the counties not covered under subsection (a) by the result under STEP ONE.

STEP THREE: Multiply the result under STEP TWO by the total remaining state match appropriation.

STEP FOUR: Distribute the result under STEP THREE to each county not covered under subsection (a).

[Pre-2004 Recodification Citation: 33-2.1-7-3.2.]

As added by P.L.98-2004, SEC.3. Amended by P.L.91-2007, SEC.1.

 

IC 33-24-6-6Duties of division of supreme court administration

     Sec. 6. The division of supreme court administration shall perform legal and administrative duties for the justices as are determined by the justices.

[Pre-2004 Recodification Citation: 33-2.1-7-4.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-6-7Distribution and title of reports

     Sec. 7. The reports required by section 3(a)(3) of this chapter shall be:

(1) directed to:

(A) the commission on judicial qualifications;

(B) the chief justice;

(C) the clerk of the supreme court; and

(D) the legislative council;

(2) accessible to the judicial officers of the various courts and to the general public; and

(3) titled "The Indiana Judicial Report".

Reports to the legislative council under subdivision (1)(D) must be in an electronic format under IC 5-14-6.

[Pre-2004 Recodification Citation: 33-2.1-7-5.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-6-8Enforcement of chapter by rules of supreme court

     Sec. 8. The supreme court shall provide by rule of the court for the enforcement of this chapter.

[Pre-2004 Recodification Citation: 33-2.1-7-6.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-6-9Appointment of administrative or clerical personnel

     Sec. 9. The authority of the courts to appoint administrative or clerical personnel is not limited by this chapter.

[Pre-2004 Recodification Citation: 33-2.1-7-7.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-6-10Trial court districts; transfer of judges

     Sec. 10. (a) The executive director shall, with the approval of the supreme court, divide the state geographically into at least eight (8) trial court districts.

     (b) On the basis of relevant information compiled by the executive director concerning the volume and nature of judicial workload, the executive director shall recommend to the supreme court the temporary transfer of any judge or judges. The supreme court shall consider the recommendation and temporarily transfer any judge of a trial court of general or special jurisdiction to another court if the temporary transfer is determined to be beneficial to facilitate the judicial work of the court to which the judge is transferred without placing an undue burden on the court from which the judge is transferred. However, a judge may not be temporarily transferred to a court in another county within the district the judge normally serves that, at its nearest point, is more than forty (40) miles from the seat of the county the judge normally serves unless the judge consents to the transfer.

[Pre-2004 Recodification Citation: 33-2.1-7-8.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-6-11Expenses for judges transferred to other counties

     Sec. 11. Any judge transferred to a court in another county shall be paid travel and other necessary expenses by the county to which the judge is transferred. An allowance for expenses shall be certified by the chief justice in duplicate to the auditor of the county. The certificate of allowance is prima facie evidence of the correctness of the claims. An item of expenses certified to be correct must be allowed by the board of commissioners of that county.

[Pre-2004 Recodification Citation: 33-2.1-7-9.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-6-12Judicial technology and automation project fund

     Sec. 12. (a) The judicial technology and automation project fund is established to fund the judicial technology and automation project. The division of state court administration shall administer the fund. The fund consists of the following:

(1) Deposits made under IC 33-37-9-4.

(2) Other appropriations made by the general assembly.

(3) Grants and gifts designated for the fund or the judicial technology and automation project.

     (b) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested.

     (c) Money in the fund at the end of a state fiscal year does not revert to the state general fund.

     (d) The budget committee may release funds for the judicial technology and automation project after the division of state court administration certifies in conjunction with the Indiana office of technology, that the judicial technology automation project is in compliance with the information sharing and exchange provisions of IC 33-24-6-3(a).

[Pre-2004 Recodification Citation: 33-2.1-7-10.]

As added by P.L.98-2004, SEC.3. Amended by P.L.229-2011, SEC.256; P.L.284-2013, SEC.3.

 

IC 33-24-6-13Report concerning enforcement of residential complex

     Sec. 13. (a) Beginning in 2018, not later than March 1 of each year, the division of state court administration shall submit a report to the legislative council in an electronic format under IC 5-14-6 providing the following information relating to the enforcement of residential complex traffic ordinances on the property of residential complexes under contracts entered into under IC 9-21-18-4.1:

(1) The number of traffic stops.

(2) The number of citations issued.

(3) The number of traffic stops and citations issued.

     (b) The report must set forth information required under subsection (a) by:

(1) each unit that has adopted a residential complex traffic ordinance:

(A) under IC 9-21-18-4.1; and

(B) through issuance of electronic traffic tickets (as defined in IC 9-30-3-2.5); and

(2) the totals for all units described in subdivision (1).

     (c) The division of state court administration must issue a report under this section for each of the following years:

(1) 2017.

(2) 2018.

(3) 2019.

(4) 2020.

     (d) This section expires July 1, 2021.

As added by P.L.38-2016, SEC.3.

 

IC 33-24-7Chapter 7. Supreme Court Records
           33-24-7-1Orders concerning transcription of records
           33-24-7-2Transcription of records; force and effect of transcribed records
           33-24-7-3Index of supreme court records

 

IC 33-24-7-1Orders concerning transcription of records

    Sec. 1. When the supreme court or a majority of the justices of the supreme court consider it necessary to have all or part of the records of the court transcribed to protect those records from mutilation or decay arising from any cause, the court or justices shall order the clerk of the supreme court to transcribe the records in suitable books to be procured by the clerk for that purpose. The court shall make a reasonable allowance for the transcription to the clerk in an amount that the court considers just and proper. The allowance, when certified by a justice of the court, shall be audited by the auditor of state and paid as similar allowances in other cases.

[Pre-2004 Recodification Citation: 33-15-2-1.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-7-2Transcription of records; force and effect of transcribed records

    Sec. 2. (a) When the supreme court makes an order under section 1 of this chapter, the clerk of the supreme court shall procure the books ordered by the court and transcribe in them the records or parts of records as ordered by the court.

    (b) Records or parts of records transcribed under this chapter have the force and effect of the original records. Transcripts of records or parts of records transcribed under this chapter, certified by the clerk, under the seal of the court, have the same force and effect as transcripts of the original records.

[Pre-2004 Recodification Citation: 33-15-2-2.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-7-3Index of supreme court records

    Sec. 3. (a) The clerk of the supreme court shall prepare for public use, under the direction of the supreme court, a systematic index to the court's records and papers on file in the clerk's office. The index must include the following:

(1) The title and number of every cause appealed to the supreme court.

(2) The county and court from which appealed.

(3) The date of filing the appeal in the clerk's office.

(4) The date of every decision and how decided.

(5) The number of the box or drawer in which the papers in every case can readily be found.

The clerk shall also properly clean, arrange, and securely tie the papers in each cause and place them in boxes and drawers when they are provided by the proper authorities for that purpose.

    (b) The clerk of the supreme court shall also index other papers and records on file in the clerk's office as may be directed by the supreme court.

[Pre-2004 Recodification Citation: 33-15-4-1.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-8Chapter 8. Supreme Court Fees
           33-24-8-1Taxing fees and charging amounts; accounting; report of uncollected fees
           33-24-8-2Filing fee for supreme court and court of appeals
           33-24-8-3Fee bills
           33-24-8-4Fees charged and collected; contracts; exceptions
           33-24-8-5Contents of quarterly report; special reports
           33-24-8-6Taxation of sheriffs' fees; transmittal of books, papers, fees, and property to successor; disposition of unclaimed fees

 

IC 33-24-8-1Taxing fees and charging amounts; accounting; report of uncollected fees

    Sec. 1. (a) The clerk of the supreme court, for the clerk's services, shall, upon proper books to be kept in the clerk's office for that purpose, tax the fees and charge the amounts specified in this chapter. The fees and amounts belong to and are the property of the state.

    (b) On March 31, June 30, September 30, and December 31 of each year, the clerk shall:

(1) make and file with the auditor of state a verified account of all fees and amounts collected during the preceding three (3) months;

(2) pay the amount shown to be due the state to the treasurer of state; and

(3) file with the treasurer of state a verified report of uncollected fees and amounts due the state of Indiana accruing in cases disposed of during that quarter.

[Pre-2004 Recodification Citation: 33-15-5-1.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-8-2Filing fee for supreme court and court of appeals

    Sec. 2. The clerk of the supreme court shall tax and charge a fee of two hundred fifty dollars ($250) in each cause filed in either the supreme court or the court of appeals.

[Pre-2004 Recodification Citation: 33-15-5-2.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-8-3Fee bills

    Sec. 3. The clerk of the supreme court may, at any time after the services are rendered, issue fee bills under IC 33-37-4-10 for services rendered by the clerk or by another person in the court.

[Pre-2004 Recodification Citation: 33-15-5-2.5.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-8-4Fees charged and collected; contracts; exceptions

    Sec. 4. (a) The clerk of the supreme court shall charge the following fees:

(1) For making record and certificate of admission of attorneys to practice before the supreme court, a fee of two dollars ($2).

(2) For making and furnishing to any person, firm, limited liability company, or corporation unauthenticated copies of the opinions of the supreme court and the court of appeals for the purpose of publication by the person, firm, limited liability company, or corporation obtaining the copies, if a contract has been made by the clerk with the person, firm, limited liability company, or corporation to furnish the copies for at least one (1) year, a fee of two thousand eight hundred twenty-five dollars ($2,825) per year, to be paid quarterly in advance.

    (b) The clerk of the supreme court may make a contract described in subsection (a).

    (c) This section does not prohibit proprietors of newspapers from copying opinions of the supreme court and the court of appeals or from making abstracts of these opinions for publication in the newspapers.

    (d) For all other unauthenticated copies of the opinions of the supreme court and the court of appeals furnished by the clerk of the supreme court to any person, firm, limited liability company, or corporation, the clerk shall charge one dollar ($1) per page.

    (e) The fees and amounts charged under this section shall be deposited by the clerk of the supreme court into the state general fund in the manner and at the time provided for the making of the quarterly reports of other collected fees due the state.

[Pre-2004 Recodification Citation: 33-15-5-3.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-8-5Contents of quarterly report; special reports

    Sec. 5. The quarterly report required to be made by the clerk of the supreme court under section 1 of this chapter must show the number and title of the cause and the amount due the state. The clerk is not required to make any other or different reports, except special reports on the order of the supreme court or the court of appeals, or the written request of the governor or auditor of state.

[Pre-2004 Recodification Citation: 33-15-5-4.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-8-6Taxation of sheriffs' fees; transmittal of books, papers, fees, and property to successor; disposition of unclaimed fees

    Sec. 6. (a) The clerk of the supreme court shall tax and charge in favor of the sheriff of the supreme court, or in favor of county sheriffs for their services as the deputies of the sheriff of the supreme court, the fees and amounts provided by law. The fees and amounts described in this subsection do not belong to the state but are the property of the sheriff of the supreme court and the sheriff's agents. When the fees are collected, the fees shall be paid over to the sheriff or the sheriff's agents.

    (b) The clerk of the supreme court at the expiration of the clerk's term shall hand over to the clerk's successor in office all of the books, papers, fees, costs, charges, and amounts, together with all money and other property received by the clerk by virtue of the clerk's office or under color of that office.

    (c) The attorney general shall enforce the collection, for the use and benefit of the party entitled to them, all fees and amounts collected and retained by the person, including penalties, against any persons liable for the fees and amounts. All unclaimed fees collected under this chapter from former clerks that have been paid in for two (2) years and remain in the office of the clerk of the supreme court for six (6) months uncollected by the person to whom the fees are due, and all other unclaimed fees in the hands of the clerk of the supreme court, after the expiration of two (2) years from the date when the fees are paid to the clerk, shall be paid into the state treasury, to be held as other funds that escheat to the state. The clerk of the supreme court, when fees are paid into the office of the clerk for the benefit of any other officer or person, shall immediately notify that officer or person by mail that the fees have been paid, the date of payment, and the amount of the payment.

[Pre-2004 Recodification Citation: 33-15-5-5.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-9Chapter 9. Appeal Bonds
           33-24-9-1Taxing fees and costs; collection of fees, costs, and executions
           33-24-9-2Endorsement on writ; levy on property on principal or surety
           33-24-9-3Limitation of action for collection of fees or costs

 

IC 33-24-9-1Taxing fees and costs; collection of fees, costs, and executions

    Sec. 1. In all cases brought to the supreme court by appeal, in which an appeal bond is executed by the plaintiff in the appeal, the clerk of the supreme court shall:

(1) tax all fees and costs for which the plaintiff is liable in the court, against the principal and sureties on the bonds, as though they were co-plaintiffs or co-defendants;

(2) issue fee bills or executions for the collection of the fees or costs and executions; and

(3) collect all judgments that are rendered by the court against the plaintiffs, against the principals and sureties jointly.

[Pre-2004 Recodification Citation: 33-15-6-1.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-9-2Endorsement on writ; levy on property on principal or surety

    Sec. 2. (a) Before delivering a writ for the collection of fees, costs, or execution to the proper officer, the clerk of the supreme court shall endorse on the writ which of the parties is the principal and which is the surety in the writ.

    (b) The officer responsible for enforcement of the writ shall first levy upon the property of the principal in the writ. To the extent that sufficient property of the principal cannot be found, the officer shall, without delay, levy the writ upon the property of the surety or sureties, and proceed to sell that property as in other cases.

[Pre-2004 Recodification Citation: 33-15-6-2.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-9-3Limitation of action for collection of fees or costs

    Sec. 3. A writ may not be issued under this chapter for the collection of fees or costs more than five (5) years after the date the cause was decided in the supreme court.

[Pre-2004 Recodification Citation: 33-15-6-3.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-10Chapter 10. Disciplinary Proceedings Against Attorneys
           33-24-10-1"Admission and discipline rule"
           33-24-10-2"Commission"
           33-24-10-3"Commissioner"
           33-24-10-4"Executive secretary"
           33-24-10-5Statements made to commission; immunity from civil liability
           33-24-10-6Liability of commission and staff

 

IC 33-24-10-1"Admission and discipline rule"

    Sec. 1. As used in this chapter, "admission and discipline rule" refers to the Rules for Admission to the Bar and the "Discipline of Attorneys" adopted by the supreme court.

[Pre-2004 Recodification Citation: 33-2-3.1-1.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-10-2"Commission"

    Sec. 2. As used in this chapter, "commission" refers to the disciplinary commission created by Admission and Discipline Rule 23.

[Pre-2004 Recodification Citation: 33-2-3.1-1.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-10-3"Commissioner"

    Sec. 3. As used in this chapter, "commissioner" means a member of the disciplinary commission appointed under Admission and Discipline Rule 23.

[Pre-2004 Recodification Citation: 33-2-3.1-1.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-10-4"Executive secretary"

    Sec. 4. As used in this chapter, "executive secretary" refers to the executive secretary of the disciplinary commission.

[Pre-2004 Recodification Citation: 33-2-3.1-1.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-10-5Statements made to commission; immunity from civil liability

    Sec. 5. A person is immune from civil liability for damages for any sworn or written statements made:

(1) without malice and transmitted to the commission, the executive secretary, or the executive secretary's staff; or

(2) in the course of investigatory, hearing, or review proceedings under Admission and Discipline Rule 23.

[Pre-2004 Recodification Citations: 33-2-3.1-2; 33-2-3.1-3.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-10-6Liability of commission and staff

    Sec. 6. The executive secretary, the executive secretary's staff, counsel, investigators, hearing officers, and the commissioners are immune from civil liability for damages for conduct within the scope and arising out of the performance of their duties.

As added by P.L.98-2004, SEC.3.

 

IC 33-24-11Chapter 11. Repealed

[Pre-2004 Recodification Citations:

33-24-11-1            formerly 33-2.1-10-1

33-24-11-2            formerly 33-2.1-10-2

33-24-11-3            formerly 33-2.1-10-3

33-24-11-4            formerly 33-2.1-10-4

33-24-11-5            formerly 33-2.1-10-5

33-24-11-6            formerly 33-2.1-10-6

33-24-11-7            formerly 33-2.1-10-7

33-24-11-8            formerly 33-2.1-10-8

33-24-11-9            formerly 33-2.1-10-9.]

Repealed by P.L.53-2014, SEC.146.

 

IC 33-24-12Chapter 12. Civil Legal Aid Fund
           33-24-12-1"Fund"
           33-24-12-2"Indigent"
           33-24-12-3"Legal services provider"
           33-24-12-4Eligibility requirements for receipt of funds
           33-24-12-5Establishment of civil legal aid fund; administration
           33-24-12-6Formula for fund distribution
           33-24-12-7Appropriation from general fund

 

IC 33-24-12-1"Fund"

    Sec. 1. As used in this chapter, "fund" refers to the civil legal aid fund established by section 5 of this chapter.

[Pre-2004 Recodification Citation: 33-2.1-11-1.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-12-2"Indigent"

    Sec. 2. As used in this chapter, "indigent" means an individual whose income is not more than one hundred twenty-five percent (125%) of the federal income poverty level as determined annually by the federal Office of Management and Budget under 42 U.S.C. 9902.

[Pre-2004 Recodification Citation: 33-2.1-11-2.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-12-3"Legal services provider"

    Sec. 3. As used in this chapter, "legal services provider" means a private, nonprofit organization incorporated and operated exclusively in Indiana, the primary function and purpose of which is to provide civil legal services without charge to the indigent.

[Pre-2004 Recodification Citation: 33-2.1-11-3.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-12-4Eligibility requirements for receipt of funds

    Sec. 4. To be eligible for the receipt of funds under this chapter, a legal services provider must meet the following requirements:

(1) The legal services provider must have been:

(A) incorporated before July 2, 1997; or

(B) incorporated and providing civil legal aid to the indigent for three (3) years immediately preceding the application for funds from the civil legal aid fund.

(2) The legal services provider must submit an opt-in form to the executive director of the division of state court administration before May 2 of each year. The form must include the following information:

(A) The name, address, and telephone number of the legal services provider.

(B) The Internal Revenue Code 501(c)(3) form of the legal services provider.

(C) The name and address of the executive director and board president of the legal services provider.

(D) A list of all counties within the incorporated service area of the legal services provider.

(E) Certification that the legal services provider has provided legal services to indigent individuals within its service area for the preceding three (3) years and that the legal services provider will continue to provide legal services to the indigent for the year following receipt of funds from the civil legal aid fund.

(3) The legal services provider may not do any of the following:

(A) Make available funds, personnel, or equipment for use in advocating or opposing a plan or proposal, represent a party, or participate in litigation that is intended to or has the effect of altering, revising, or reapportioning a legislative, a judicial, or an elective district at any level of government, including influencing the timing or manner of the taking of a census.

(B) Attempt to influence the issuance, amendment, or revocation of an executive order, regulation, or other statement of general applicability and future effect by a federal, state, or local agency.

(C) Attempt to influence an adjudicatory proceeding of a federal, state, or local agency if such part of the proceeding is designed for the formulation or modification of an agency policy of general applicability and future effect.

(D) Attempt to influence the passage or defeat of legislation, a constitutional amendment, a referendum, an initiative, or similar procedure of the Congress, a state, or a local legislative body.

(E) Attempt to influence the conduct of oversight proceedings of the Legal Services Corporation or a person or an entity receiving financial assistance provided by the Legal Services Corporation.

(F) Pay for a personal service, an advertisement, a telegram, a telephone communication, a letter, printed or written matter, an administrative expense, or a related expense, associated with an activity prohibited in this subdivision.

(G) Initiate or participate in a class action suit.

(H) Support or conduct a training program for the purpose of advocating a particular public policy or encouraging a political activity, a labor or an antilabor activity, a boycott, picketing, a strike, or a demonstration, including the dissemination of information about such a policy or activity. However, this clause may not be construed to prohibit the training of an attorney or a paralegal in the provision of:

(i) adequate legal assistance to eligible clients; or

(ii) advice to an eligible client as to the legal rights of the client.

(I) Participate in litigation:

(i) on behalf of a person incarcerated in a federal, state, or local prison; or

(ii) arising out of the incarceration of a person described in item (i).

[Pre-2004 Recodification Citation: 33-2.1-11-4.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-12-5Establishment of civil legal aid fund; administration

    Sec. 5. (a) The civil legal aid fund is established to provide additional revenue for legal services providers.

    (b) The fund is administered by the division of state court administration.

[Pre-2004 Recodification Citation: 33-2.1-11-5.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-12-6Formula for fund distribution

    Sec. 6. (a) The division of state court administration shall annually determine the amount to be distributed from the fund to each county's legal services provider under the following formula:

STEP ONE: Determine the number of civil cases filed in the county during the year as reported by the most recent Indiana Judicial Report.

STEP TWO: Determine the number of civil cases filed in Indiana during the year as reported by the most recent Indiana Judicial Report.

STEP THREE: Divide the amount determined in STEP ONE by the amount determined in STEP TWO.

STEP FOUR: Multiply the quotient determined in STEP THREE by the annual amount appropriated under section 7 of this chapter or by the annual amount of the appropriation from the state general fund as provided in the state budget act, whichever is greater.

Except as provided in subsection (b), the product determined in STEP FOUR is the amount to be distributed to the legal services provider or providers having the county in its service area.

    (b) In a county where there is more than one (1) legal services provider, the amount distributed from the fund for that county shall be distributed among the legal services providers in direct proportion to the number of legal services providers in that county.

    (c) Distributions from the fund shall be made on January 1 and July 1 of each year. Money in the fund is annually appropriated to carry out the purposes of the fund.

[Pre-2004 Recodification Citation: 33-2.1-11-6.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-12-7Appropriation from general fund

    Sec. 7. There is appropriated on June 30 and December 31 of each year five hundred thousand dollars ($500,000) from the state general fund for deposit into the fund.

[Pre-2004 Recodification Citation: 33-2.1-11-7.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-13Chapter 13. Indiana Conference for Legal Education Opportunity
           33-24-13-1"Program"
           33-24-13-2Establishment of program; purpose
           33-24-13-3Organization and administration of program; advisory committee
           33-24-13-4Preparatory course of study required; instructors
           33-24-13-5Financial assistance
           33-24-13-6Development of programs and opportunities in furtherance of program purposes
           33-24-13-7Appropriation from general fund

 

IC 33-24-13-1"Program"

    Sec. 1. As used in this chapter, "program" refers to the Indiana conference for legal education opportunity established by section 2 of this chapter.

[Pre-2004 Recodification Citation: 33-2.1-12-1.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-13-2Establishment of program; purpose

    Sec. 2. The Indiana conference for legal education opportunity is established to assist Indiana minority, low income, or educationally disadvantaged college graduates in pursuing a law degree and a career in the Indiana legal and professional community.

[Pre-2004 Recodification Citation: 33-2.1-12-2.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-13-3Organization and administration of program; advisory committee

    Sec. 3. (a) The program shall be organized and administered by the chief justice of the supreme court. The chief justice shall appoint an advisory committee composed of eight (8) members as follows:

(1) Two (2) practicing attorneys.

(2) Two (2) judges.

(3) Two (2) Indiana law school professors or administrators.

(4) Two (2) members representing community groups.

    (b) The chief justice shall serve as chair of the advisory committee.

    (c) Appointed members of the committee serve for three (3) year terms and may be reappointed.

    (d) The committee shall solicit applications and select persons for the program who:

(1) have earned a bachelor's degree;

(2) have applied to an Indiana law school;

(3) have demonstrated the interest, motivation, and capacity to earn a law degree; and

(4) would benefit from the special training offered by the program.

    (e) The committee shall award annual stipends to certified graduates of the program.

[Pre-2004 Recodification Citation: 33-2.1-12-3.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-13-4Preparatory course of study required; instructors

    Sec. 4. (a) The program must provide for an intensive course of study to prepare the students selected for the demands of a law school education through classroom discussion and instruction in legal research, writing, and analysis.

    (b) The program shall be taught by law professors and others from the legal profession and shall be held at an Indiana law school during the summer months.

[Pre-2004 Recodification Citation: 33-2.1-12-4.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-13-5Financial assistance

    Sec. 5. (a) The program must provide financial assistance in the form of an annual stipend for those students who successfully complete the course of study and become certified graduates of the program.

    (b) To be eligible for the annual stipend, certified graduates must be admitted to an Indiana law school, enroll on a full-time basis, and maintain good academic standing. However, for good cause and to advance the purposes of the program, the advisory committee may waive the requirement that a certified graduate must enroll on a full-time basis.

    (c) The stipend may be awarded for up to three (3) successive academic years, if the student remains eligible. However, for good cause, the advisory committee may approve the award of a stipend to a student for more than three (3) successive academic years if:

(1) the student requires more than three (3) successive academic years to earn a law degree; and

(2) the total amount of the stipend that is awarded to the student does not exceed the amount the student would have been awarded if the student had been enrolled:

(A) on a full-time basis; and

(B) for up to three (3) successive academic years.

[Pre-2004 Recodification Citation: 33-2.1-12-5.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-13-6Development of programs and opportunities in furtherance of program purposes

    Sec. 6. The courts of the state are encouraged and requested to develop programs and opportunities to further the purposes of the program.

[Pre-2004 Recodification Citation: 33-2.1-12-6.]

As added by P.L.98-2004, SEC.3.

 

IC 33-24-13-7Appropriation from general fund

    Sec. 7. During every state fiscal year, there is appropriated from the state general fund to the office of judicial administration, division of state court administration, six hundred twenty-five thousand dollars ($625,000) to be used for the Indiana conference for legal education opportunity established by this chapter.

[Pre-2004 Recodification Citation: 33-2.1-12-7.]

As added by P.L.98-2004, SEC.3.

 

IC 33-25ARTICLE 25. COURT OF APPEALS
           Ch. 1.Judges; Geographic Districts
           Ch. 2.Retention of Judges
           Ch. 3.Rules and Procedures
           Ch. 4.Personnel and Facilities

 

IC 33-25-1Chapter 1. Judges; Geographic Districts
           33-25-1-1Court of appeals
           33-25-1-2Districts
           33-25-1-3Residency requirements for judges
           33-25-1-4Location for hearings
           33-25-1-5Docketing of cases
           33-25-1-6Sitting as judge of circuit, superior, and criminal courts

 

IC 33-25-1-1Court of appeals

    Sec. 1. The court of appeals consists of fifteen (15) judges, who serve for the hearing and decision of causes in five (5) geographic districts described in section 2 of this chapter under Article 7, Section 5 of the Constitution of the State of Indiana.

[Pre-2004 Recodification Citation: 33-2.1-2-2.]

As added by P.L.98-2004, SEC.4.

 

IC 33-25-1-2Districts

    Sec. 2. Indiana is divided into five (5) geographic districts, which shall be designated as the "court of appeals - First District; Second District; Third District; Fourth District; and Fifth District" as follows:

(1) First District: Bartholomew, Boone, Brown, Clark, Clay, Crawford, Daviess, Dearborn, Decatur, Dubois, Fayette, Floyd, Fountain, Franklin, Gibson, Greene, Hancock, Harrison, Hendricks, Henry, Jackson, Jefferson, Jennings, Johnson, Knox, Lawrence, Martin, Monroe, Montgomery, Morgan, Ohio, Orange, Owen, Parke, Perry, Pike, Posey, Putnam, Randolph, Ripley, Rush, Scott, Shelby, Spencer, Sullivan, Switzerland, Union, Vanderburgh, Vermillion, Vigo, Warrick, Washington, and Wayne.

(2) Second District: Adams, Blackford, Carroll, Cass, Clinton, Delaware, Grant, Hamilton, Howard, Huntington, Jay, Madison, Marion, Miami, Tippecanoe, Tipton, Wabash, Wells, and White.

(3) Third District: Allen, Benton, DeKalb, Elkhart, Fulton, Jasper, Kosciusko, LaGrange, Lake, LaPorte, Marshall, Newton, Noble, Porter, Pulaski, St. Joseph, Starke, Steuben, Warren, and Whitley.

(4) The entire state constitutes the Fourth District.

(5) The entire state constitutes the Fifth District.

[Pre-2004 Recodification Citation: 33-2.1-2-2.]

As added by P.L.98-2004, SEC.4.

 

IC 33-25-1-3Residency requirements for judges

    Sec. 3. (a) Judges of the First, Second, and Third Districts of the court of appeals must have resided in their respective districts before appointment to the court. However, judges of the court of appeals appointed before July 1, 1993, must reside in the district from which they are appointed.

    (b) The following requirements apply to judges of the Fourth and Fifth Districts of the court of appeals:

(1) One (1) judge must have resided in the First District before appointment to the court.

(2) One (1) judge must have resided in the Second District before appointment to the court.

(3) One (1) judge must have resided in the Third District before appointment to the court.

    (c) When a vacancy is created in the court of appeals, the individual who is appointed by the governor to fill the vacancy must be a resident of the district in which the vacancy occurred.

[Pre-2004 Recodification Citation: 33-2.1-2-3.]

As added by P.L.98-2004, SEC.4.

 

IC 33-25-1-4Location for hearings

    Sec. 4. All districts of the court of appeals shall sit for the hearing and decision of causes in:

(1) Indianapolis; or

(2) any other place that the chief judge of the court of appeals may designate.

[Pre-2004 Recodification Citation: 33-2.1-2-2.]

As added by P.L.98-2004, SEC.4.

 

IC 33-25-1-5Docketing of cases

    Sec. 5. A case appealed to the court of appeals shall be placed upon the docket of the district from which the appeal is taken. If, at any time, the court of appeals believes there is an undue disparity in the number of cases pending on the dockets of the districts, the court of appeals may order the transfer of cases as it considers advisable from one (1) district to another.

[Pre-2004 Recodification Citation: 33-2.1-2-2.]

As added by P.L.98-2004, SEC.4.

 

IC 33-25-1-6Sitting as judge of circuit, superior, and criminal courts

    Sec. 6. The judges of the court of appeals are competent to sit as judges of the circuit, superior, and criminal courts.

[Pre-2004 Recodification Citation: 33-3-1-8.]

As added by P.L.98-2004, SEC.4.

 

IC 33-25-2Chapter 2. Retention of Judges
           33-25-2-1Approval or rejection of appeals court judges
           33-25-2-2Filing of statement of retention with secretary of state
           33-25-2-3Expiration of term of judge who does not file for retention
           33-25-2-4Expiration of term of rejected judge
           33-25-2-5Wording of question of retention on ballot
           33-25-2-6Statement of retention; use by judge of same name on statement and voter registration record

 

IC 33-25-2-1Approval or rejection of appeals court judges

     Sec. 1. Judges of the court of appeals shall be approved or rejected by the electorate of Indiana under Article 7, Section 11 of the Constitution of the State of Indiana.

[Pre-2004 Recodification Citation: 33-2.1-2-6.]

As added by P.L.98-2004, SEC.4.

 

IC 33-25-2-2Filing of statement of retention with secretary of state

     Sec. 2. A judge who wishes to be retained in office shall file a statement with the secretary of state, not later than noon July 15 of the year in which the question of retention of the judge is to be placed on the general election ballot, indicating that the judge wishes to have the question of the judge's retention placed on the ballot. The judge's statement must include a statement of the judge's name as:

(1) the judge wants the judge's name to appear on the ballot; and

(2) the candidate's name is permitted to appear on the ballot under IC 3-5-7.

[Pre-2004 Recodification Citation: 33-2.1-2-6.]

As added by P.L.98-2004, SEC.4.

 

IC 33-25-2-3Expiration of term of judge who does not file for retention

     Sec. 3. This section applies to a judge:

(1) who does not file a statement under section 2 of this chapter; and

(2) whose term expires under Article 7, Section 11 of the Constitution of the State of Indiana during the year in which the question of the retention of the judge would have been placed on the general election ballot.

The term of a judge expires December 31 of the year in which the question of the judge's retention would have been placed on the ballot.

[Pre-2004 Recodification Citation: 33-2.1-2-6.]

As added by P.L.98-2004, SEC.4.

 

IC 33-25-2-4Expiration of term of rejected judge

     Sec. 4. This section applies to a judge:

(1) who files a statement under section 2 of this chapter; and

(2) whose retention is rejected by the electorate.

The term of a judge ends when the secretary of state issues a certificate under IC 3-12-5-1 stating that the judge has been removed. However, if the judge has filed a petition for a recount under IC 3-12-11, the term of the judge does not end until the state recount commission has issued a certificate under IC 3-12-11-18 stating that the electorate has rejected the retention of the judge.

[Pre-2004 Recodification Citation: 33-2.1-2-6.]

As added by P.L.98-2004, SEC.4.

 

IC 33-25-2-5Wording of question of retention on ballot

     Sec. 5. The question of approval or rejection of a judge shall be placed on the general election ballot in the form prescribed by IC 3-11 and must state "Shall Judge (insert name (as permitted under IC 3-5-7) here) be retained in office?".

[Pre-2004 Recodification Citation: 33-2.1-2-6.]

As added by P.L.98-2004, SEC.4. Amended by P.L.58-2005, SEC.30.

 

IC 33-25-2-6Statement of retention; use by judge of same name on statement and voter registration record

     Sec. 6. The statement filed under section 2 of this chapter must include a statement that the judge requests the name on the judge's voter registration record be the same as the name the judge uses on the statement. If there is a difference between the name on the judge's statement and the name on the judge's voter registration record, the officer with whom the statement is filed shall forward the information to the voter registration officer of the appropriate county as required by IC 3-5-7-6(e). The voter registration officer of the appropriate county shall change the name on the judge's voter registration record to be the same as the name on the judge's statement.

[Pre-2004 Recodification Citation: 33-2.1-2-6.]

As added by P.L.98-2004, SEC.4.

 

IC 33-25-3Chapter 3. Rules and Procedures
           33-25-3-1Chief judge; presiding judges
           33-25-3-2Disqualification of judge
           33-25-3-3Replacement of disqualified or absent judge
           33-25-3-4Appeals; amount in controversy
           33-25-3-5Hearing and argument of cases
           33-25-3-6Opinions; reports; publication and distribution
           33-25-3-7Opinion and judgment; certification to lower court
           33-25-3-8Process, rules, and orders; execution and service
           33-25-3-9Seal of court

 

IC 33-25-3-1Chief judge; presiding judges

    Sec. 1. (a) The judges of the court of appeals shall select one (1) of their members as chief judge of the court. The member selected retains that office for three (3) years after the effective date of the member's appointment, subject to reappointment in the same manner. However, a member of the court may resign the office of chief judge without resigning from the court. When a vacancy in the office of chief judge occurs due to absence, illness, incapacity, or resignation, the powers and duties of the chief judge devolve upon the judge of the court of appeals who is senior in length of service. However, if two (2) or more judges are equal in length of service and senior in length of service, the determination of chief judge shall be by lot until the cause of vacancy is terminated or the vacancy is filled.

    (b) The members of each district, other than the district from which the chief judge was chosen, shall select one (1) of their members as presiding judge of the district.

[Pre-2004 Recodification Citation: 33-2.1-2-4.]

As added by P.L.98-2004, SEC.4.

 

IC 33-25-3-2Disqualification of judge

    Sec. 2. If a judge of the court of appeals:

(1) is related to a party;

(2) is interested in a case;

(3) was a counsel in a case; or

(4) was the judge who rendered the decision in a lower court that has been appealed to the court of appeals;

the judge shall disqualify himself or herself and not sit to hear the case.

[Pre-2004 Recodification Citation: 33-3-1-9.]

As added by P.L.98-2004, SEC.4.

 

IC 33-25-3-3Replacement of disqualified or absent judge

    Sec. 3. When a judge disqualifies himself or herself or is otherwise unable to sit for the hearing or decision of a case in the judge's district, the chief judge shall assign a court of appeals judge to the disqualified or absent judge's district for the hearing and decision of the case.

[Pre-2004 Recodification Citation: 33-2.1-2-5.]

As added by P.L.98-2004, SEC.4.

 

IC 33-25-3-4Appeals; amount in controversy

    Sec. 4. Except as provided in IC 34-56-1, an appeal may not be taken to the court of appeals in any civil case where the amount in controversy, exclusive of interest and costs, does not exceed fifty dollars ($50).

[Pre-2004 Recodification Citation: 33-3-2-4.]

As added by P.L.98-2004, SEC.4.

 

IC 33-25-3-5Hearing and argument of cases

    Sec. 5. The hearing and argument of cases in the court of appeals shall be in accordance with:

(1) the rules of the supreme court as to hearing and argument; or

(2) any rules the court of appeals adopts.

[Pre-2004 Recodification Citation: 33-3-1-10.]

As added by P.L.98-2004, SEC.4.

 

IC 33-25-3-6Opinions; reports; publication and distribution

    Sec. 6. The judicial opinion or decision in each case determined by the court of appeals shall be reduced to writing. Reports of these opinions and decisions may be published and distributed in the manner prescribed by the supreme court.

[Pre-2004 Recodification Citation: 33-2.1-3-2.]

As added by P.L.98-2004, SEC.4.

 

IC 33-25-3-7Opinion and judgment; certification to lower court

    Sec. 7. (a) In every case reversed by a division of the court of appeals:

(1) an opinion shall be given on the material questions in the case in writing; and

(2) the appropriate judgment shall be entered, with directions to the lower court.

    (b) In all cases, the opinion and judgment shall be certified to the lower court thirty (30) days after the date allowed by law for the filing of a petition for a rehearing, unless:

(1) an earlier date has been ordered by the division;

(2) a petition for a rehearing is filed; or

(3) the case is transferred or appealed to the supreme court.

If a case is transferred or appealed to the supreme court, or a rehearing is granted, the judgment of the division of the court of appeals is vacated. If a rehearing is denied, the opinion and judgment shall, thirty (30) days after the date of the ruling, be certified to the lower court, unless the case is transferred or appealed to the supreme court.

    (c) If the losing party files a waiver of the party's right to file a petition for a rehearing, the opinion shall be immediately certified to the lower court.

[Pre-2004 Recodification Citation: 33-3-2-15.]

As added by P.L.98-2004, SEC.4.

 

IC 33-25-3-8Process, rules, and orders; execution and service

    Sec. 8. All process, rules, and orders of the court of appeals shall be executed and served by the sheriff of the county in which a process, a rule, or an order has been directed. The sheriff is entitled to collect the fees allowed by law for similar service of process, rules, or orders issued by the supreme court.

[Pre-2004 Recodification Citation: 33-3-1-5.]

As added by P.L.98-2004, SEC.4.

 

IC 33-25-3-9Seal of court

    Sec. 9. The court of appeals shall have a seal:

(1) designed and provided by the secretary of state at the expense of the state; and

(2) that contains the title of the court on the face of the seal.

[Pre-2004 Recodification Citation: 33-3-1-4.]

As added by P.L.98-2004, SEC.4.

 

IC 33-25-4Chapter 4. Personnel and Facilities
           33-25-4-1Clerk and sheriff
           33-25-4-2Personnel
           33-25-4-3Rooms, furniture, and stationery; supreme court library

 

IC 33-25-4-1Clerk and sheriff

    Sec. 1. The clerk and sheriff of the supreme court shall be clerk and sheriff of the court of appeals.

[Pre-2004 Recodification Citation: 33-3-1-3.]

As added by P.L.98-2004, SEC.4.

 

IC 33-25-4-2Personnel

    Sec. 2. (a) The court of appeals may appoint personnel as the court determines necessary.

    (b) The judges of each geographic district may appoint law clerks, secretaries, and other personnel necessary for the holding of court and the administration of the court's duties.

[Pre-2004 Recodification Citation: 33-2.1-2-7.]

As added by P.L.98-2004, SEC.4.

 

IC 33-25-4-3Rooms, furniture, and stationery; supreme court library

    Sec. 3. The commissioner of the Indiana department of administration shall provide rooms for the use of the judges and the court of appeals in Indianapolis. The court of appeals:

(1) may:

(A) provide the necessary furniture and stationery and other things necessary for the transaction of the court's business, at the expense of the state; and

(B) make allowances for the items described in clause (A) to be audited and paid out of the state treasury upon presentation of the order of allowance; and

(2) is entitled to access and use the law library of the supreme court equally with the justices of the supreme court.

[Pre-2004 Recodification Citation: 33-3-1-6.]

As added by P.L.98-2004, SEC.4.

 

IC 33-26ARTICLE 26. TAX COURT
           Ch. 1.Establishment of the Indiana Tax Court
           Ch. 2.Tax Court Judge
           Ch. 3.Jurisdiction and Venue
           Ch. 4.Offices and Personnel
           Ch. 5.Small Claims Docket
           Ch. 6.Appellate Review; Rules and Procedures
           Ch. 7.Representation by Attorney General
           Ch. 8.Order to Produce Information
           Ch. 9.Fees

 

IC 33-26-1Chapter 1. Establishment of the Indiana Tax Court
           33-26-1-1Indiana tax court; establishment
           33-26-1-2Indiana tax court; court of record

 

IC 33-26-1-1Indiana tax court; establishment

    Sec. 1. The Indiana tax court is established.

[Pre-2004 Recodification Citation: 33-3-5-1.]

As added by P.L.98-2004, SEC.5.

 

IC 33-26-1-2Indiana tax court; court of record

    Sec. 2. The tax court is a court of record.

[Pre-2004 Recodification Citation: 33-3-5-1.]

As added by P.L.98-2004, SEC.5.

 

IC 33-26-2Chapter 2. Tax Court Judge
           33-26-2-1Judge
           33-26-2-2Qualifications of judge
           33-26-2-3Term of office; approval or rejection
           33-26-2-4Vacancy
           33-26-2-5Salary; expenses; full-time position
           33-26-2-6Disqualification; judge pro tempore

 

IC 33-26-2-1Judge

    Sec. 1. The tax court consists of one (1) judge.

[Pre-2004 Recodification Citation: 33-3-5-3.]

As added by P.L.98-2004, SEC.5.

 

IC 33-26-2-2Qualifications of judge

    Sec. 2. The judge of the tax court must:

(1) be a citizen of Indiana; and

(2) have been admitted to the practice of law in Indiana for a period of at least five (5) years.

[Pre-2004 Recodification Citation: 33-3-5-4.]

As added by P.L.98-2004, SEC.5.

 

IC 33-26-2-3Term of office; approval or rejection

    Sec. 3. (a) The initial term of office of a person appointed to serve as the judge of the tax court begins on the effective date of that appointment and ends on the date of the next general election that follows the expiration of two (2) years from the effective date of that appointment.

    (b) The tax court judge may be approved or rejected for an additional term or terms in the same manner as are the justices of the supreme court under IC 33-24-2.

[Pre-2004 Recodification Citation: 33-3-5-5.]

As added by P.L.98-2004, SEC.5.

 

IC 33-26-2-4Vacancy

    Sec. 4. (a) Except as otherwise provided in this section, a vacancy on the tax court shall be filled as provided in IC 33-27.

    (b) Before the expiration of the sixty (60) day period prescribed by IC 33-27-3-4, the governor shall:

(1) appoint to the tax court one (1) of the three (3) persons initially nominated by the judicial nominating commission; or

(2) reject all the persons initially nominated by the commission.

If the governor does reject all the nominees, the governor shall notify the chairman of the judicial nominating commission of that action. The commission shall then submit the nominations of three (3) new candidates to the governor not later than forty (40) days after receipt of the notice. The governor shall fill the vacancy on the tax court by appointing one (1) of the new candidates within sixty (60) days from the date the names of the new candidates are submitted by the commission.

[Pre-2004 Recodification Citation: 33-3-5-6.]

As added by P.L.98-2004, SEC.5.

 

IC 33-26-2-5Salary; expenses; full-time position

    Sec. 5. (a) The judge of the tax court is entitled to an annual salary equal to the annual salary provided in IC 33-38-5-8 to a judge of the court of appeals. In addition, the judge of the tax court is entitled to the following:

(1) Reimbursement for traveling expenses and other expenses actually incurred in connection with the judge's duties, as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency.

(2) A subsistence allowance equal to the amount provided under IC 33-38-5-8 to a judge of the court of appeals who is not the chief judge of the court of appeals.

    (b) The judge of the tax court:

(1) shall devote full-time to judicial duties; and

(2) may not engage in the practice of law.

    (c) The state shall pay the annual salary prescribed in subsection (a) from the state general fund.

    (d) The state shall furnish an automobile to the judge of the state tax court.

[Pre-2004 Recodification Citation: 33-3-5-7.]

As added by P.L.98-2004, SEC.5.

 

IC 33-26-2-6Disqualification; judge pro tempore

    Sec. 6. If the judge of the tax court is disqualified from hearing a case or is incapable of exercising judicial duties with respect to the case, the chief justice of the supreme court shall appoint a judge pro tempore to sit in place of the disqualified or absent judge.

[Pre-2004 Recodification Citation: 33-3-5-8.]

As added by P.L.98-2004, SEC.5.

 

IC 33-26-3Chapter 3. Jurisdiction and Venue
           33-26-3-1Limited jurisdiction; exclusive jurisdiction
           33-26-3-2Other jurisdiction
           33-26-3-3Original tax appeals
           33-26-3-4Location of evidentiary hearings
           33-26-3-5Election by appellee of location of evidentiary hearings
           33-26-3-6Jurisdiction; gaming card excise tax

 

IC 33-26-3-1Limited jurisdiction; exclusive jurisdiction

     Sec. 1. The tax court is a court of limited jurisdiction. The tax court has exclusive jurisdiction over any case that arises under the tax laws of Indiana and that is an initial appeal of a final determination made by:

(1) the department of state revenue with respect to a listed tax (as defined in IC 6-8.1-1-1); or

(2) the Indiana board of tax review.

[Pre-2004 Recodification Citation: 33-3-5-2.]

As added by P.L.98-2004, SEC.5.

 

IC 33-26-3-2Other jurisdiction

     Sec. 2. In addition to the jurisdiction described in section 1 of this chapter, the tax court has:

(1) any other jurisdiction conferred by statute; and

(2) exclusive jurisdiction over any case that was an initial appeal of a final determination made by the state board of tax commissioners before January 1, 2002.

[Pre-2004 Recodification Citation: 33-3-5-2.]

As added by P.L.98-2004, SEC.5.

 

IC 33-26-3-3Original tax appeals

     Sec. 3. The cases over which the tax court has exclusive original jurisdiction are referred to as original tax appeals in this article. The tax court does not have jurisdiction over a case unless:

(1) the case is an original tax appeal; or

(2) the tax court has otherwise been specifically assigned jurisdiction by statute.

[Pre-2004 Recodification Citation: 33-3-5-2.]

As added by P.L.98-2004, SEC.5.

 

IC 33-26-3-4Location of evidentiary hearings

     Sec. 4. A taxpayer that appeals to the tax court shall, at the time the appeal is filed, elect to have all evidentiary hearings in the appeal conducted in one (1) of the following counties:

(1) Allen County.

(2) Jefferson County.

(3) Lake County.

(4) Marion County.

(5) St. Joseph County.

(6) Vanderburgh County.

(7) Vigo County.

[Pre-2004 Recodification Citation: 33-3-5-2.]

As added by P.L.98-2004, SEC.5.

 

IC 33-26-3-5Election by appellee of location of evidentiary hearings

     Sec. 5. A taxpayer that is an appellee in an appeal to the tax court shall, within thirty (30) days after it receives notice of the appeal, elect to have all evidentiary hearings in the appeal conducted in a county listed in section 4 of this chapter.

[Pre-2004 Recodification Citation: 33-3-5-2.]

As added by P.L.98-2004, SEC.5.

 

IC 33-26-3-6Jurisdiction; gaming card excise tax

     Sec. 6. (a) The tax court does not have jurisdiction over a case that is an appeal from a final determination made by the Indiana gaming commission under IC 4-32.2.

     (b) The tax court has jurisdiction over a case that is an appeal from a final determination made by the department of state revenue concerning the gaming card excise tax established under IC 4-32.2-10.

[Pre-2004 Recodification Citation: 33-3-5-2.]

As added by P.L.98-2004, SEC.5. Amended by P.L.91-2006, SEC.11.

 

IC 33-26-4Chapter 4. Offices and Personnel
           33-26-4-1Principal office
           33-26-4-2Employees; clerk

 

IC 33-26-4-1Principal office

    Sec. 1. (a) The tax court shall maintain its principal office in Indianapolis.

    (b) The Indiana department of administration shall provide suitable facilities for the court in Indianapolis.

    (c) If the court hears a case at a location outside Marion County, the executive of the county in which the court sits shall provide the court with suitable facilities.

[Pre-2004 Recodification Citation: 33-3-5-9.]

As added by P.L.98-2004, SEC.5.

 

IC 33-26-4-2Employees; clerk

    Sec. 2. (a) The tax court may employ:

(1) a bailiff;

(2) a clerk;

(3) a reporter;

(4) a clerical assistant; or

(5) any other personnel that the court needs to perform its duties.

    (b) The clerk of the supreme court shall serve as the clerk of the tax court.

[Pre-2004 Recodification Citation: 33-3-5-10.]

As added by P.L.98-2004, SEC.5.

 

IC 33-26-5Chapter 5. Small Claims Docket
           33-26-5-1Small claims docket
           33-26-5-2Rules and procedures

 

IC 33-26-5-1Small claims docket

    Sec. 1. The tax court shall establish a small claims docket for processing:

(1) claims for refunds from the department of state revenue that do not exceed five thousand dollars ($5,000) for any year; and

(2) appeals of final determinations of assessed value made by the Indiana board of tax review that do not exceed forty-five thousand dollars ($45,000).

[Pre-2004 Recodification Citation: 33-3-5-12.]

As added by P.L.98-2004, SEC.5.

 

IC 33-26-5-2Rules and procedures

    Sec. 2. The tax court shall adopt rules and procedures under which cases on the small claims docket are heard and decided.

[Pre-2004 Recodification Citation: 33-3-5-12.]

As added by P.L.98-2004, SEC.5.

 

IC 33-26-6Chapter 6. Appellate Review; Rules and Procedures
           33-26-6-0.2Jurisdiction of tax court under prior law
           33-26-6-1Trial without jury; adoption of rules and procedures
           33-26-6-2Tax appeal or injunction; injunction pending appeal
           33-26-6-3Scope of proceeding; law governing
           33-26-6-4Burden of demonstrating invalidity of action; standard of review; findings; standards for granting relief
           33-26-6-5Additional evidence; remand
           33-26-6-6Final determinations of board of tax review; burden of demonstrating invalidity; findings of fact; relief
           33-26-6-7Written decisions; publication and distribution; direct appeal to supreme court

 

IC 33-26-6-0.2Jurisdiction of tax court under prior law

     Sec. 0.2. (a) Notwithstanding IC 33-3-5-2, as amended by P.L.198-2001 (before its repeal, now codified in this chapter), the tax court has exclusive jurisdiction over any case that arises under the tax laws of this state and that is an initial appeal initiated after December 31, 2001, of a final determination made by the department of local government finance if the following apply:

(1) The tax court would have had jurisdiction over the case if the appeal had been initiated before January 1, 2002.

(2) P.L.198-2001 does not provide that the final determination is subject to appeal to the Indiana board of tax review.

     (b) IC 33-3-5-14 (as amended by P.L.198-2001 before its repeal, now codified at section 3 of this chapter), and IC 33-3-5-14.2 (as added by P.L.198-2001 before its repeal, now codified at IC 33-26-7-1, IC 33-26-7-2, IC 33-26-7-3, and IC 33-26-7-4), IC 33-3-5-14.5 (as added by P.L.198-2001, before its repeal, now codified at section 5 of this chapter), and IC 33-3-5-14.8 (as added by P.L.198-2001, before its repeal, now codified at section 6 of this chapter) apply to appeals initiated under IC 6-1.1-15-5, as amended by P.L.198-2001, of final determinations of the Indiana board of tax review issued after December 31, 2001.

As added by P.L.220-2011, SEC.531.

 

IC 33-26-6-1Trial without jury; adoption of rules and procedures

     Sec. 1. (a) The tax court shall try each original tax appeal without the intervention of a jury.

     (b) The tax court shall adopt rules and procedures under which original tax appeals are heard and decided.

[Pre-2004 Recodification Citation: 33-3-5-13.]

As added by P.L.98-2004, SEC.5.

 

IC 33-26-6-2Tax appeal or injunction; injunction pending appeal

     Sec. 2. (a) A taxpayer who wishes to initiate an original tax appeal must file a petition in the tax court to set aside the final determination of the department of state revenue or the Indiana board of tax review. If a taxpayer fails to comply with any statutory requirement for the initiation of an original tax appeal, the tax court does not have jurisdiction to hear the appeal.

     (b) A taxpayer who wishes to enjoin the collection of a tax pending the original tax appeal must file a petition with the tax court to enjoin the collection of the tax. The petition must set forth a summary of:

(1) the issues that the petitioner will raise in the original tax appeal; and

(2) the equitable considerations for which the tax court should order the collection of the tax to be enjoined.

     (c) After a hearing on the petition filed under subsection (b), the tax court may enjoin the collection of the tax pending the original tax appeal, if the tax court finds that:

(1) the issues raised by the original tax appeal are substantial;

(2) the petitioner has a reasonable opportunity to prevail in the original tax appeal; and

(3) the equitable considerations favoring the enjoining of the collection of the tax outweigh the state's interests in collecting the tax pending the original tax appeal.

     (d) This section does not apply to a final determination of the Indiana gaming commission under IC 4-32.2.

     (e) This section applies to a final determination made by the department of state revenue concerning the gaming card excise tax established under IC 4-32.2-10.

[Pre-2004 Recodification Citation: 33-3-5-11.]

As added by P.L.98-2004, SEC.5. Amended by P.L.91-2006, SEC.12.

 

IC 33-26-6-3Scope of proceeding; law governing

     Sec. 3. (a) Subject to subsection (b), with respect to determinations as to whether any issues or evidence may be heard in an original tax appeal that was not heard in the administrative hearing or proceeding, the tax court is governed by the law that applied before the creation of the tax court to appeals to trial courts of final determinations made by the department of state revenue and the state board of tax commissioners.

     (b) Judicial review of disputed issues of fact must be confined to:

(1) the record of the proceeding before the Indiana board of tax review; and

(2) any additional evidence taken under section 5 of this chapter.

The tax court may not try the case de novo or substitute its judgment for that of the Indiana board of tax review. Judicial review is limited to only those issues raised before the Indiana board of tax review, or otherwise described by the Indiana board of tax review, in its final determination.

     (c) A person may obtain judicial review of an issue that was not raised before the Indiana board of tax review only to the extent that the:

(1) issue concerns whether a person who was required to be notified of the commencement of a proceeding under this chapter was notified in substantial compliance with the applicable law; or

(2) interests of justice would be served by judicial resolution of an issue arising from a change in controlling law occurring after the Indiana board of tax review's action.

[Pre-2004 Recodification Citation: 33-3-5-14.]

As added by P.L.98-2004, SEC.5.

 

IC 33-26-6-4Burden of demonstrating invalidity of action; standard of review; findings; standards for granting relief

     Sec. 4. (a) The burden of demonstrating the invalidity of an action taken by the state board of tax commissioners is on the party to the judicial review proceeding asserting the invalidity.

     (b) The validity of an action taken by the state board of tax commissioners shall be determined in accordance with the standards of review provided in this section as applied to the agency action at the time it was taken.

     (c) The tax court shall make findings of fact on each material issue on which the court's decision is based.

     (d) The tax court shall grant relief under section 7 of this chapter only if the tax court determines that a person seeking judicial relief has been prejudiced by an action of the state board of tax commissioners that is:

(1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;

(2) contrary to constitutional right, power, privilege, or immunity;

(3) in excess of or short of statutory jurisdiction, authority, or limitations;

(4) without observance of procedure required by law; or

(5) unsupported by substantial or reliable evidence.

     (e) Subsection (d) may not be construed to change the substantive precedential law embodied in judicial decisions that are final as of January 1, 2002.

[Pre-2004 Recodification Citation: 33-3-5-14.1.]

As added by P.L.98-2004, SEC.5.

 

IC 33-26-6-5Additional evidence; remand

     Sec. 5. (a) This section applies with respect to judicial review of final determinations of the Indiana board of tax review.

     (b) The tax court may receive evidence in addition to that contained in the record of the determination of the Indiana board of tax review only if the evidence relates to the validity of the determination at the time it was taken and is needed to decide disputed issues regarding one (1) or both of the following:

(1) Improper constitution as a decision making body or grounds for disqualification of those taking the agency action.

(2) Unlawfulness of procedure or decision making process.

This subsection applies only if the additional evidence could not, by due diligence, have been discovered and raised in the administrative proceeding giving rise to a proceeding for judicial review.

     (c) The tax court may remand a matter to the Indiana board of tax review before final disposition of a petition for review with directions that the Indiana board of tax review conduct further factfinding or that the Indiana board of tax review prepare an adequate record, if:

(1) the Indiana board of tax review failed to prepare or preserve an adequate record;

(2) the Indiana board of tax review improperly excluded or omitted evidence from the record; or

(3) a relevant law changed after the action of the Indiana board of tax review and the tax court determines that the new provision of law may control the outcome.

     (d) This subsection applies if the record for a judicial review prepared under IC 6-1.1-15-6 contains an inadequate record of a site inspection. Rather than remand a matter under subsection (c), the tax court may take additional evidence not contained in the record relating only to observations and other evidence collected during a site inspection conducted by a hearing officer or other employee of the Indiana board of tax review. The evidence may include the testimony of a hearing officer only for purposes of verifying or rebutting evidence regarding the site inspection that is already contained in the record.

[Pre-2004 Recodification Citation: 33-3-5-14.5.]

As added by P.L.98-2004, SEC.5. Amended by P.L.219-2007, SEC.103.

 

IC 33-26-6-6Final determinations of board of tax review; burden of demonstrating invalidity; findings of fact; relief

     Sec. 6. (a) This section applies with respect to judicial review of final determinations of the Indiana board of tax review.

     (b) The burden of demonstrating the invalidity of an action taken by the Indiana board of tax review is on the party to the judicial review proceeding asserting the invalidity.

     (c) The validity of an action taken by the Indiana board of tax review shall be determined in accordance with the standards of review provided in this section as applied to the agency action at the time it was taken.

     (d) The tax court shall make findings of fact on each material issue on which the court's decision is based.

     (e) The tax court shall grant relief under section 7 of this chapter only if the tax court determines that a person seeking judicial relief has been prejudiced by an action of the Indiana board of tax review that is:

(1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;

(2) contrary to constitutional right, power, privilege, or immunity;

(3) in excess of statutory jurisdiction, authority, or limitations, or short of statutory jurisdiction, authority, or limitations;

(4) without observance of procedure required by law; or

(5) unsupported by substantial or reliable evidence.

     (f) Subsection (e) may not be construed to change the substantive precedential law embodied in judicial decisions that are final as of January 1, 2002.

[Pre-2004 Recodification Citation: 33-3-5-14.8.]

As added by P.L.98-2004, SEC.5. Amended by P.L.219-2007, SEC.104.

 

IC 33-26-6-7Written decisions; publication and distribution; direct appeal to supreme court

     Sec. 7. (a) The tax court shall render its decisions in writing.

     (b) Written decisions of the tax court may be published and distributed in the manner prescribed by the supreme court.

     (c) A decision of the tax court remanding the matter of assessment of property under IC 6-1.1-15-8 to the Indiana board of tax review shall specify the issues on remand on which the Indiana board of tax review is to act.

     (d) The decisions of the tax court may be appealed directly to the supreme court.

[Pre-2004 Recodification Citations: 33-2.1-3-2; 33-3-5-15.]

As added by P.L.98-2004, SEC.5.

 

IC 33-26-7Chapter 7. Representation by Attorney General
           33-26-7-1Representation of local officials by private attorney; attorney general approval
           33-26-7-2Discovery
           33-26-7-3Discovery; production of documents from administrative law judge
           33-26-7-4Relief

 

IC 33-26-7-1Representation of local officials by private attorney; attorney general approval

     Sec. 1. Subject to IC 4-6-2-11, IC 4-6-5-3, and the written approval of the attorney general, a township assessor, a county assessor, a county auditor, a member of a county property tax assessment board of appeals, or a county property tax assessment board of appeals that:

(1) made an original determination that is the subject of a judicial proceeding in the tax court; and

(2) is a defendant in a judicial proceeding in the tax court;

may elect to be represented in the judicial proceeding by an attorney selected and paid by the defendant, the township, or the county.

[Pre-2004 Recodification Citation: 33-3-5-14.2.]

As added by P.L.98-2004, SEC.5. Amended by P.L.154-2006, SEC.70.

 

IC 33-26-7-2Discovery

     Sec. 2. Notwithstanding representation by the office of the attorney general, the duty of discovery is on the parties to the judicial proceeding.

[Pre-2004 Recodification Citation: 33-3-5-14.2.]

As added by P.L.98-2004, SEC.5.

 

IC 33-26-7-3Discovery; production of documents from administrative law judge

     Sec. 3. Discovery conducted under section 2 of this chapter is limited to production of documents from the administrative law judge presiding over the review under IC 6-1.1-15-3. The administrative law judge may not be summoned to testify before the tax court unless verified proof is offered to the tax court that the impartiality of the administrative law judge was compromised concerning the review.

[Pre-2004 Recodification Citation: 33-3-5-14.2.]

As added by P.L.98-2004, SEC.5.

 

IC 33-26-7-4Relief

     Sec. 4. A township assessor, a county assessor, a county auditor, a member of a county property tax assessment board of appeals, or a county property tax assessment board of appeals:

(1) may seek relief from the tax court to establish that the Indiana board of tax review rendered a decision that was:

(A) an abuse of discretion;

(B) arbitrary and capricious;

(C) contrary to substantial or reliable evidence; or

(D) contrary to law; and

(2) may not be represented by the office of the attorney general in an action initiated under subdivision (1).

[Pre-2004 Recodification Citation: 33-3-5-14.2.]

As added by P.L.98-2004, SEC.5.

 

IC 33-26-8Chapter 8. Order to Produce Information
           33-26-8-1"Contractor"
           33-26-8-2"Qualifying county"
           33-26-8-3"Qualifying official"
           33-26-8-4Order to produce information
           33-26-8-5Production of information; deadline
           33-26-8-6Contempt of tax court

 

IC 33-26-8-1"Contractor"

     Sec. 1. As used in this chapter, "contractor" means a reassessment, reassessment review, or special reassessment contractor of the department of local government finance under IC 6-1.1-4-32 (repealed).

[Pre-2004 Recodification Citation: 33-3-5-2.5.]

As added by P.L.98-2004, SEC.5. Amended by P.L.1-2007, SEC.213; P.L.112-2012, SEC.50.

 

IC 33-26-8-2"Qualifying county"

     Sec. 2. As used in this chapter, "qualifying county" means a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000).

[Pre-2004 Recodification Citation: 33-3-5-2.5.]

As added by P.L.98-2004, SEC.5.

 

IC 33-26-8-3"Qualifying official"

     Sec. 3. As used in this chapter, "qualifying official" refers to any of the following:

(1) A county assessor of a qualifying county.

(2) A township assessor of a qualifying county.

(3) The county auditor of a qualifying county.

(4) The treasurer of a qualifying county.

(5) The county surveyor of a qualifying county.

(6) A member of the land valuation committee in a qualifying county.

(7) Any other township or county official in a qualifying county who has possession or control of information necessary or useful for a reassessment, reassessment review, or special reassessment of property to which IC 6-1.1-4-32 (repealed) applies, including information in the possession or control of an employee or a contractor of the official.

(8) Any county official in a qualifying county who has control, review, or other responsibilities related to paying claims of a contractor submitted for payment under IC 6-1.1-4-32 (repealed).

[Pre-2004 Recodification Citation: 33-3-5-2.5.]

As added by P.L.98-2004, SEC.5. Amended by P.L.1-2007, SEC.214; P.L.112-2012, SEC.51.

 

IC 33-26-8-4Order to produce information

     Sec. 4. Upon petition from the department of local government finance or a contractor, the tax court may order a qualifying official to produce information requested in writing from the qualifying official by the department of local government finance or the contractor.

[Pre-2004 Recodification Citation: 33-3-5-2.5.]

As added by P.L.98-2004, SEC.5.

 

IC 33-26-8-5Production of information; deadline

     Sec. 5. If the tax court orders a qualifying official to provide requested information as described in section 4 of this chapter, the tax court shall order production of the information not later than fourteen (14) days after the date of the tax court's order.

[Pre-2004 Recodification Citation: 33-3-5-2.5.]

As added by P.L.98-2004, SEC.5.

 

IC 33-26-8-6Contempt of tax court

     Sec. 6. The tax court may find that any willful violation of this chapter by a qualifying official constitutes a direct contempt of the tax court.

[Pre-2004 Recodification Citation: 33-3-5-2.5.]

As added by P.L.98-2004, SEC.5.

 

IC 33-26-9Chapter 9. Fees
           33-26-9-1Filing fees
           33-26-9-2Witness fees and mileage
           33-26-9-3Transcript fees
           33-26-9-4Fees; collection; disposition
           33-26-9-5Filing fee refund

 

IC 33-26-9-1Filing fees

    Sec. 1. When a complaint is filed, a taxpayer who initiates an original tax appeal shall pay to the clerk of the tax court the same fee as provided in IC 33-37-4-7 for actions in probate court.

[Pre-2004 Recodification Citation: 33-3-5-16.]

As added by P.L.98-2004, SEC.5.

 

IC 33-26-9-2Witness fees and mileage

    Sec. 2. A witness who testifies before the tax court is entitled to receive the same fee and mileage allowance provided to witnesses who testify in a circuit court. The person who calls the witness to testify shall pay the witness fee and mileage allowance.

[Pre-2004 Recodification Citation: 33-3-5-17.]

As added by P.L.98-2004, SEC.5.

 

IC 33-26-9-3Transcript fees

    Sec. 3. The tax court may fix and charge a fee for preparing, comparing, or certifying a transcript. However, the tax court's fee may not exceed the fee charged by circuit courts for the same service.

[Pre-2004 Recodification Citation: 33-3-5-18.]

As added by P.L.98-2004, SEC.5.

 

IC 33-26-9-4Fees; collection; disposition

    Sec. 4. The clerk of the tax court shall collect the fees imposed under sections 1 and 3 of this chapter. The clerk shall transmit the fees to the treasurer of state. The treasurer shall deposit the fees in the state general fund.

[Pre-2004 Recodification Citation: 33-3-5-19.]

As added by P.L.98-2004, SEC.5.

 

IC 33-26-9-5Filing fee refund

    Sec. 5. If a taxpayer prevails in a complaint that is placed on the small claims docket under IC 33-26-5, the tax court shall order the refund of the taxpayer's filing fee under section 1 of this chapter from the state general fund. The auditor of state shall pay a warrant that is ordered under this section.

[Pre-2004 Recodification Citation: 33-3-5-20.]

As added by P.L.98-2004, SEC.5.

 

IC 33-27ARTICLE 27. JUDICIAL NOMINATING COMMISSION
           Ch. 1.Definitions
           Ch. 2.Commissioners, Employees, and Staff
           Ch. 3.Duties of the Commission; Appointments to Judicial Office
           Ch. 4.Appointment of Senior Judges

 

IC 33-27-1Chapter 1. Definitions
           33-27-1-1Applicability
           33-27-1-2"Attorney commissioners"
           33-27-1-3"Electors"
           33-27-1-4"Mail"
           33-27-1-5"Nonattorney commissioners"

 

IC 33-27-1-1Applicability

    Sec. 1. The definitions in this chapter apply throughout this article.

[Pre-2004 Recodification Citation: 33-2.1-1-3.]

As added by P.L.98-2004, SEC.6.

 

IC 33-27-1-2"Attorney commissioners"

    Sec. 2. "Attorney commissoners" means the three (3) individuals admitted to the practice of law who are elected to the judicial nominating commission by the electors.

[Pre-2004 Recodification Citation: 33-2.1-1-3.]

As added by P.L.98-2004, SEC.6.

 

IC 33-27-1-3"Electors"

    Sec. 3. "Electors" means individuals who are attorneys in good standing admitted to the practice of law in Indiana.

[Pre-2004 Recodification Citation: 33-2.1-1-3.]

As added by P.L.98-2004, SEC.6.

 

IC 33-27-1-4"Mail"

    Sec. 4. "Mail" includes ordinary mail or personal delivery.

[Pre-2004 Recodification Citation: 33-2.1-1-3.]

As added by P.L.98-2004, SEC.6.

 

IC 33-27-1-5"Nonattorney commissioners"

    Sec. 5. "Nonattorney commissioners" means the three (3) individuals not admitted to the practice of law who are appointed to the judicial nominating commission by the governor.

[Pre-2004 Recodification Citation: 33-2.1-1-3.]

As added by P.L.98-2004, SEC.6.

 

IC 33-27-2Chapter 2. Commissioners, Employees, and Staff
           33-27-2-1Nonattorney commissioners; appointment; term; residency; vacancy
           33-27-2-2Attorney commissioners; electors and elections; residency; term; vacancy
           33-27-2-3Election procedure
           33-27-2-4Notification
           33-27-2-5Duration in office
           33-27-2-6Compensation
           33-27-2-7Personnel; appropriations
           33-27-2-8Staff duties
           33-27-2-9Commissioners, employees, and staff; immunity from civil liability
           33-27-2-10Agencies, organizations, other associations, or persons; immunity from civil liability

 

IC 33-27-2-1Nonattorney commissioners; appointment; term; residency; vacancy

    Sec. 1. (a) The governor shall appoint three (3) nonattorney citizens of Indiana, one (1) each from the First District, the Second District, and the Third District of the court of appeals, as commissioners of the judicial nominating commission.

    (b) One (1) month before the expiration of a term of office of a nonattorney commissioner, the governor shall either reappoint the commissioner as provided in section 5 of this chapter or appoint a new nonattorney commissioner. All appointments made by the governor to the judicial nominating commission shall be certified to the secretary of state and to the clerk of the supreme court not later than ten (10) days after the appointment.

    (c) Except as provided in subsection (e), the governor shall appoint each nonattorney commissioner for a term of three (3) years.

    (d) An appointed nonattorney commissioner must reside in the court of appeals district for which the nonattorney commissioner was appointed. A nonattorney commissioner is considered to have resigned the position if the residency of the nonattorney commissioner changes from the court of appeals district for which the nonattorney commissioner was appointed.

    (e) When a vacancy occurs in the office of a nonattorney commissioner, the chairman of the commission shall promptly notify the governor in writing. Vacancies in the office of nonattorney commissioners shall be filled by appointment by the governor not later than sixty (60) days after the governor receives notice of the vacancy. The term of the nonattorney commissioner appointed to fill the vacancy is for the unexpired term of the member whose vacancy the new nonattorney commissioner has filled.

[Pre-2004 Recodification Citation: 33-2.1-4-1.]

As added by P.L.98-2004, SEC.6.

 

IC 33-27-2-2Attorney commissioners; electors and elections; residency; term; vacancy

    Sec. 2. (a) For purposes of electing attorney members to the judicial nominating commission, the state shall be divided into three (3) districts, corresponding to the First District, the Second District, and the Third District of the court of appeals.

    (b) The qualified electors consist of the individuals who are registered with the clerk of the supreme court as attorneys in good standing under the requirements of the supreme court.

    (c) The electors of each district shall elect one (1) resident of their district who is admitted to the practice of law in Indiana to the judicial nominating commission. The term of office of each elected member is three (3) years, beginning on the first day of January following the election. During the month before the expiration of an elected member's term of office, an election shall be held to fill the succeeding three (3) year term of office. Attorney commissioners on the commission must reside for the term of their office in the district from which they were elected. An attorney commissioner is considered to have resigned the position if the residency of the attorney commissioner changes from the court of appeals district for which the attorney commissioner was elected.

    (d) Except when a term of office has less than ninety (90) days remaining, vacancies in the office of an attorney commissioner to the judicial nominating commission shall be filled for the unexpired term of the member creating the vacancy by a special election. An attorney commissioner who is elected to fill an unexpired term shall commence the attorney commissioner's duties immediately upon the certification of the new attorney commissioner's election to the secretary of state.

[Pre-2004 Recodification Citation: 33-2.1-4-2.]

As added by P.L.98-2004, SEC.6.

 

IC 33-27-2-3Election procedure

    Sec. 3. The attorney commissioners of the judicial nominating commission shall be elected by the following process:

(1) The clerk of the supreme court shall, at least ninety (90) days before the date of an election, send a notice by mail to the address for each qualified elector shown on the records of the clerk informing the electors that nominations for the election must be made to the clerk of the supreme court at least sixty (60) days before the election.

(2) A nomination in writing accompanied by a signed petition of thirty (30) electors from the nominee's district, and the written consent of the nominee shall be filed, by mail or otherwise, by any electors or group of electors admitted to the practice of law in Indiana who reside in the same district as the nominee, in the office of the clerk of the supreme court at least sixty (60) days before the election.

(3) The clerk of the supreme court shall prepare and print separate ballots for each court of appeals district. These ballots must contain the names and residence addresses of all nominees residing within the district for which the ballots are prepared, and whose written nominations, petitions, and written statements of consent have been received sixty (60) days before the election.

(4) The ballot must read as follows:

Indiana Judicial Nominating Commission

BALLOT FOR DISTRICT ( )

To be cast by individuals residing in District ( ) and registered with the Clerk of the Supreme Court as an attorney in good standing under the requirements of the Supreme Court. Vote for one (1) member listed below for Indiana Judicial Nominating Commissioner for the term commencing _______.

District ( )

       (Name)          (Address)

       (Name)          (Address)

       (Name)          (Address)

To be counted, this ballot must be completed, the accompanying certificate completed and signed, and both together mailed or delivered to the Clerk of the Supreme Court of Indiana, Indianapolis, Indiana, not later than _______.

DESTROY BALLOT IF NOT USED

(5) In each district, the nominee receiving the most votes from the district shall be elected.

(6) The clerk shall also supply with each ballot distributed a certificate, to be completed and signed and returned by the elector voting the ballot, certifying that the voter is registered with the clerk of the supreme court as an attorney in good standing under the requirements of the supreme court, and that the voter voted the ballot returned. A ballot not accompanied by the signed certificate of the voter shall not be counted.

(7) To maintain the secrecy of each vote, a separate envelope shall be provided by the clerk for the ballot, in which only the voted ballot may be placed. This envelope shall not be opened until the counting of the ballots.

(8) The clerk of the supreme court shall mail a ballot and the accompanying material to all electors at least two (2) weeks before the date of the election.

(9) The ballot and the accompanying certificate must be received by the clerk of the supreme court by 4 p.m. on the last day of the election period.

(10) Upon receiving the completed ballots and the accompanying certificate the clerk of the supreme court shall insure that the certificates have been completed in compliance with this article. All ballots that are accompanied by a valid certificate shall be placed in a package designated to contain ballots. All accompanying certificates shall be placed in a separate package.

(11) The clerk of the supreme court, with the assistance of the secretary of state and the attorney general, shall open and canvass all ballots after 4 p.m. on the last day of the election period in the office of the clerk of the supreme court. A ballot received after 4 p.m. may not be counted unless the chief justice orders an extension of time because of unusual circumstances. Upon canvassing the ballots, the clerk of the supreme court shall place all ballots back in their packages. These, along with the certificates, shall be retained in the clerk's office for six (6) months, and the clerk may not permit anyone to inspect them except upon an order of the supreme court.

(12) Not later than ten (10) days after the election, the clerk shall certify the results to the secretary of state.

(13) In an election held for selection of attorney commissioners of the judicial nominating commission, if two (2) or more nominees are tied, the canvassers shall resolve the tie by lot in a manner that they shall determine, and the winner of the lot is considered elected.

[Pre-2004 Recodification Citation: 33-2.1-4-3.]

As added by P.L.98-2004, SEC.6.

 

IC 33-27-2-4Notification

    Sec. 4. After the attorney commissioners have been elected, and after the names of the nonattorney commissioners appointed by the governor have been certified to the secretary of state as provided in this chapter, the clerk shall notify, by regular mail, the members of the commission of their election or appointment.

[Pre-2004 Recodification Citation: 33-2.1-4-4.]

As added by P.L.98-2004, SEC.6.

 

IC 33-27-2-5Duration in office

    Sec. 5. A member of the judicial nominating commission may serve until the member's successor is appointed or elected. An attorney commissioner or a nonattorney commissioner is not eligible for successive reelection or reappointment. However, an attorney commissioner or a nonattorney commissioner who has been appointed or elected to fill a vacancy on the commission for less than one (1) year is eligible upon the expiration of that term, if otherwise qualified, for a succeeding term.

[Pre-2004 Recodification Citation: 33-2.1-4-5.]

As added by P.L.98-2004, SEC.6.

 

IC 33-27-2-6Compensation

    Sec. 6. A member of the judicial nominating commission shall serve without compensation for the member's services, except for per diem and travel expenses and other necessary and reasonable expenses.

[Pre-2004 Recodification Citation: 33-2.1-4-14.]

As added by P.L.98-2004, SEC.6.

 

IC 33-27-2-7Personnel; appropriations

    Sec. 7. (a) The judicial nominating commission may employ investigators and other experts that the commission determines are necessary to carry out its functions and purposes. The commission may employ special counsel in a proceeding if the commission determines the employment is advisable.

    (b) The division of state court administration shall serve the judicial nominating commission in performing the commission's statutory and constitutional functions.

    (c) The general assembly may appropriate the sums it considers necessary for expenses that may be incurred in the administration of this article.

[Pre-2004 Recodification Citation: 33-2.1-4-12.]

As added by P.L.98-2004, SEC.6.

 

IC 33-27-2-8Staff duties

    Sec. 8. (a) The staff of the judicial nominating commission shall make the findings of fact concerning individuals eligible to fill a vacancy in a judicial office as the commission directs.

    (b) The staff shall compile biographical sketches of each nominee running for election to the judicial nominating commission. The information compiled shall be submitted to the clerk of the supreme court for mailing, along with the ballots, to qualified electors. The biographical sketches prepared under this subsection must include the following information for each nominee:

(1) Name and address.

(2) Legal background, including:

(A) type of practice;

(B) law firm; and

(C) law school year of graduation, honors, other pertinent information.

(3) General educational background.

(4) A short statement by the nominee stating the nominee's efforts and achievements in bringing about improvement and betterment of the administration of justice.

(5) Public offices or positions, including:

(A) all public salaried positions; and

(B) all services contributed to a public or charitable organization.

(6) Business and civic affairs.

(7) Any other pertinent information that the commission considers important.

    (c) The staff shall carry out any other duties assigned to it by the general assembly and by the judicial nominating commission when acting in that capacity and in its capacity as the commission on judicial qualifications.

[Pre-2004 Recodification Citation: 33-2.1-4-13.]

As added by P.L.98-2004, SEC.6.

 

IC 33-27-2-9Commissioners, employees, and staff; immunity from civil liability

    Sec. 9. The commissioners, employees, and staff of the judicial nominating commission are immune from civil liability for any act or proceeding taken, or communication or statement made, relevant to the evaluation of a candidate under IC 33-27-3-2.

[Pre-2004 Recodification Citation: 33-2.1-4-15.]

As added by P.L.98-2004, SEC.6.

 

IC 33-27-2-10Agencies, organizations, other associations, or persons; immunity from civil liability

    Sec. 10. An agency, an organization, a person, or an association described in IC 33-27-3-2(c) is immune from civil liability for providing information or assistance in an investigation under IC 33-27-3-2 or for testifying before the judicial nominating commission if:

(1) the information or testimony is relevant to the evaluation of a candidate under IC 33-27-3-2(a); and

(2) the information or testimony is:

(A) an expression of opinion; or

(B) a statement of fact made without:

(i) knowledge that the statement is false; or

(ii) reckless disregard for the truth.

[Pre-2004 Recodification Citation: 33-2.1-4-16.]

As added by P.L.98-2004, SEC.6.

 

IC 33-27-3Chapter 3. Duties of the Commission; Appointments to Judicial Office
           33-27-3-1Duties
           33-27-3-2Evaluating judicial candidates; investigations; public disclosure of names and information; public records
           33-27-3-3Withdrawal or death of nominees; multiple vacancies
           33-27-3-4Failure of governor to appoint; appointment by chief justice; changes in list
           33-27-3-5Effective date of appointment
           33-27-3-6Meetings

 

IC 33-27-3-1Duties

    Sec. 1. (a) When a vacancy occurs in the supreme court, the court of appeals, or the tax court, the clerk of the court shall promptly notify the chairman of the commission of the vacancy.

    (b) The chairman shall call a meeting of the commission not later than twenty (20) days after receiving the notice.

    (c) The commission shall submit the nominations of three (3) candidates for the vacancy and certify them to the governor as promptly as possible, but not later than seventy (70) days after the time the vacancy occurs.

    (d) When it is known that a vacancy will occur at a definite future date, but the vacancy has not yet occurred, the clerk shall notify the commission immediately of the future vacancy, and the commission may, not later than sixty (60) days after receiving the notice of the vacancy, make nominations and submit to the governor the names of three (3) persons nominated for the future vacancy.

[Pre-2004 Recodification Citation: 33-2.1-4-6.]

As added by P.L.98-2004, SEC.6.

 

IC 33-27-3-2Evaluating judicial candidates; investigations; public disclosure of names and information; public records

    Sec. 2. (a) The judicial nominating commission shall submit to the governor, from those names the commission considers for a vacancy, the names of only the three (3) most highly qualified candidates. In determining which candidates are most highly qualified each commission member shall evaluate each candidate, in writing, on the following considerations:

(1) Legal education, including law schools attended and education after law school, and any academic honors and awards achieved.

(2) Legal writings, including legislative draftings, legal briefs, and contributions to legal journals and publications.

(3) Reputation in the practice of law, as evaluated by attorneys and judges with whom the candidate has had professional contact, and the type of legal practice, including experience and reputation as a trial lawyer or trial judge.

(4) Physical condition, including general health, stamina, vigor, and age.

(5) Financial interests, including any interest that might conflict with the performance of judicial responsibilities.

(6) Activities in public service, including writings and speeches concerning public affairs and contemporary problems, and efforts and achievements in improving the administration of justice.

(7) Any other pertinent information that the commission feels is important in selecting the most highly qualified individuals for judicial office.

    (b) The commission may not make an investigation to determine these considerations until the individual states in writing that the individual desires to hold a judicial office that has been or will be created by a vacancy and that the individual consents to the public disclosure of information under subsections (d) and (g).

    (c) The commission shall inquire into the personal and legal backgrounds of each candidate by investigations made independent from the statements on an application of the candidate or in an interview with the candidate. In completing these investigations, the commission may use information or assistance provided by:

(1) a law enforcement agency;

(2) any organization of lawyers, judges, or individual practitioners; or

(3) any other person or association.

    (d) The commission shall publicly disclose the names of all candidates who have filed for judicial appointment after the commission has received the consent required by subsection (b) but before the commission has begun to evaluate any of the candidates. If the commission's screening of the candidates for judicial appointment occurs in an executive session conducted under IC 5-14-1.5-6.1(b)(10), the screening may not reduce the number of candidates for further consideration to fewer than ten (10) individuals unless there are fewer than ten (10) individuals from which to choose before the screening. When the commission's screening has reduced the number of candidates for further consideration to not less than ten (10) or it has less than ten (10) eligible candidates otherwise from which to choose, the commission shall:

(1) publicly disclose the names of the individuals and their applications before taking any further action; and

(2) give notice of any further action in the same manner that notice is given under IC 5-14-1.5.

    (e) Information described in subsection (d)(1) is identifying information for the purposes of IC 5-14-1.5-6.1(b)(10).

    (f) The commission shall submit with the list of three (3) nominees to the governor its written evaluation of each nominee, based on the considerations set forth in subsection (a). The list of names submitted to the governor and the written evaluation of each nominee shall be publicly disclosed by the commission.

    (g) Notwithstanding IC 5-14-3-4, all public records (as defined in IC 5-14-3-2) of the judicial nominating commission are subject to IC 5-14-3-3, including records described in IC 5-14-3-4(b)(12). However, the following records are excepted from public inspection and copying at the discretion of the judicial nominating commission:

(1) Personnel files of commission employees and files of applicants for employment with the commission to the extent permitted under IC 5-14-3-4(b)(8).

(2) Records specifically prepared for discussion or developed during discussion in an executive session under IC 5-14-1.5-6.1, unless the records are prepared for use in the consideration of a candidate for judicial appointment.

(3) Investigatory records prepared for the commission under subsection (c) until:

(A) the records are filed or introduced into evidence in connection with the consideration of a candidate;

(B) the records are publicly discussed by the commission in connection with the consideration of a candidate;

(C) a candidate elects to have the records released by the commission; or

(D) the commission elects to release the records that the commission considers appropriate in response to publicly disseminated statements relating to the activities or actions of the commission;

whichever occurs first.

(4) Applications of candidates for judicial appointment who are not among the applicants eligible for further consideration following the commission's screening under subsection (d).

(5) The work product of an attorney (as defined in IC 5-14-3-2) representing the commission.

    (h) When an event described by subsection (g)(3) occurs, the investigatory record becomes available for public inspection and copying under IC 5-14-3-3.

    (i) As used in this subsection, "attributable communication" refers to a communication containing the sender's name, address, and telephone number. The commission shall provide a copy of all attributable communications concerning a candidate for judicial appointment to each member of the commission. An attributable communication becomes available for public inspection and copying under IC 5-14-3-3 after a copy is provided to each member of the commission. The commission may not consider a communication other than an attributable communication in evaluating a candidate for judicial appointment.

    (j) The commission shall release the investigatory records prepared for the commission under subsection (c) to the candidate for judicial appointment described by the records.

[Pre-2004 Recodification Citation: 33-2.1-4-7.]

As added by P.L.98-2004, SEC.6.

 

IC 33-27-3-3Withdrawal or death of nominees; multiple vacancies

    Sec. 3. If a nominee dies or requests in writing that the nominee's name be withdrawn, the commission shall nominate another person to replace the nominee from the list of nominees previously provided. Whenever two (2) or more vacancies exist, the commission shall nominate three (3) different persons for each vacancy and submit a list of the persons nominated to the governor.

[Pre-2004 Recodification Citation: 33-2.1-4-9.]

As added by P.L.98-2004, SEC.6.

 

IC 33-27-3-4Failure of governor to appoint; appointment by chief justice; changes in list

    Sec. 4. (a) If the governor fails to make an appointment not later than sixty (60) days after the date the names of the nominees are submitted to the governor, the chief justice shall make the appointment from the nominees.

    (b) A change in a list submitted to the governor under section 3 of this chapter requires a resubmission of the altered list to the governor, and the sixty (60) day period in which the governor must make the appointment begins on the date of resubmission.

[Pre-2004 Recodification Citation: 33-2.1-4-10.]

As added by P.L.98-2004, SEC.6.

 

IC 33-27-3-5Effective date of appointment

    Sec. 5. An individual appointed to the supreme court, the court of appeals, or the tax court by the governor shall commence the duties of the individual's office immediately upon the effective date of the appointment. An appointment to a judicial office does not take effect until a vacancy for the office exists.

[Pre-2004 Recodification Citation: 33-2.1-4-11.]

As added by P.L.98-2004, SEC.6.

 

IC 33-27-3-6Meetings

    Sec. 6. (a) The judicial nominating commission shall meet as necessary to discharge the commission's responsibilities under the Constitution of the State of Indiana and the state laws. Meetings of the commission shall be called by the chairman, or if the chairman fails to call a meeting when a meeting is necessary, upon the call of any four (4) members of the commission. When a meeting is called, the chairman shall give each member of the commission at least five (5) days written notice by mail of the time and place of the meeting unless the commission at its previous meeting designated the time and place of the next meeting.

    (b) Meetings of the commission must be held at a place in Indiana, as arranged by the chairman of the commission.

    (c) The commission shall act only at a meeting and may act only on the concurrence of a majority of the members attending a meeting. The commission may not vote to reduce the number of candidates for further consideration or to submit or not submit the list of nominees under subsection (e) during an executive session. Four (4) members constitute a quorum.

    (d) The commission may adopt reasonable and proper rules for the conduct of its proceedings and the discharge of its duties. The rules must comply with this chapter and include procedures by which eligible candidates for a vacancy in the supreme court or court of appeals may submit their names to the commission. The rules are public records, and the meetings of the commission at which the rules are considered for initial adoption or amendment must be publicly announced and open to the public.

    (e) Notwithstanding IC 5-14-1.5-2, the commission is a public agency for the purposes of IC 5-14-1.5. The commission may meet in executive session under IC 5-14-1.5-6.1 for the consideration of a candidate for judicial appointment if:

(1) notice of the executive session is given in the manner prescribed by IC 5-14-1.5-5;

(2) all interviews of candidates are conducted at meetings open to the public; and

(3) copies of all attributable communications (as defined in section 2(i) of this chapter) concerning the candidates have been provided to all commission members and made available for public inspection and copying.

[Pre-2004 Recodification Citation: 33-2.1-4-8.]

As added by P.L.98-2004, SEC.6.

 

IC 33-27-4Chapter 4. Appointment of Senior Judges
           33-27-4-1Application
           33-27-4-2Certification
           33-27-4-3Restrictions on certification; retirement benefits

 

IC 33-27-4-1Application

    Sec. 1. A person who desires to serve as a senior judge under IC 33-23-3 may apply to the judicial nominating commission for certification to the supreme court as a senior judge.

[Pre-2004 Recodification Citation: 33-2.1-4-17.]

As added by P.L.98-2004, SEC.6.

 

IC 33-27-4-2Certification

    Sec. 2. The judicial nominating commission shall certify to the supreme court a person desiring to serve as a senior judge if the person meets requirements for service as a senior judge set by the supreme court under IC 33-24-3-7.

[Pre-2004 Recodification Citation: 33-2.1-4-17.]

As added by P.L.98-2004, SEC.6.

 

IC 33-27-4-3Restrictions on certification; retirement benefits

    Sec. 3. (a) Except as provided in subsection (b), a person may not be certified under this section if:

(1) the person:

(A) has not served as a:

(i) judge;

(ii) justice;

(iii) magistrate; or

(iv) commissioner appointed under IC 33-33-49 who has all the powers and duties prescribed for a magistrate; or

(B) is still serving as a:

(i) judge;

(ii) justice;

(iii) magistrate; or

(iv) commissioner appointed under IC 33-33-49 who has all the powers and duties prescribed for a magistrate;

of a court of record in Indiana;

(2) the person is not available for the minimum period of commitment for service as a senior judge specified by the supreme court under IC 33-24-3-7; or

(3) the combination of:

(A) the compensation for senior judges set under IC 33-23-3-5; and

(B) any retirement benefits that the person is receiving or is entitled to receive;

exceeds the minimum compensation to which judges of the circuit court are entitled under IC 33-38-5.

    (b) A person who elects to forgo retirement benefits during the period of commitment as a senior judge may be certified as a senior judge under section 2 of this chapter upon verification by the judicial nominating commission of the availability to the person of the election.

[Pre-2004 Recodification Citation: 33-2.1-4-17.]

As added by P.L.98-2004, SEC.6. Amended by P.L.3-2010, SEC.1; P.L.71-2010, SEC.1.

 

IC 33-28ARTICLE 28. CIRCUIT COURTS
           Ch. 1.Jurisdiction, Duties, and Powers
           Ch. 2.Election of Judges
           Ch. 3.Small Claims and Misdemeanor Division
           Ch. 4.Repealed
           Ch. 5.Circuit and Superior Court Jury Selection and Service
           Ch. 6.Repealed

 

IC 33-28-1Chapter 1. Jurisdiction, Duties, and Powers
           33-28-1-1Place of holding court; name of court
           33-28-1-2Jurisdiction
           33-28-1-3Recognizances
           33-28-1-4Form of process
           33-28-1-5Process; judgments; sentences; orders and injunctions; commissions for examination of witnesses; oaths; contempt
           33-28-1-6Subject matter in two or more counties
           33-28-1-7Seal of court
           33-28-1-8Clerk's private seal
           33-28-1-9Failure of judge to attend court
           33-28-1-10Sheriff or coroner absent or incapacitated; appointment of elisor
           33-28-1-11Oath, bond, and authority of elisor

 

IC 33-28-1-1Place of holding court; name of court

     Sec. 1. The circuit court shall be held in the respective counties at times as may be fixed by law. The court shall be styled "____________ Circuit Court", according to the name of the county in which it may be held.

[Pre-2004 Recodification Citation: 33-4-4-2.]

As added by P.L.98-2004, SEC.7.

 

IC 33-28-1-2Jurisdiction

     Sec. 2. (a) All circuit courts have:

(1) original and concurrent jurisdiction in all civil cases and in all criminal cases;

(2) de novo appellate jurisdiction of appeals from city and town courts; and

(3) in Marion County, de novo appellate jurisdiction of appeals from township small claims courts established under IC 33-34.

     (b) The circuit court also has the appellate jurisdiction that may be conferred by law upon it.

[Pre-2004 Recodification Citation: 33-4-4-3.]

As added by P.L.98-2004, SEC.7. Amended by P.L.201-2011, SEC.22.

 

IC 33-28-1-3Recognizances

     Sec. 3. The judge of a circuit court, within the judge's district, shall take all necessary recognizances to keep the peace, or to answer any criminal charge, or offense, in the court having jurisdiction.

[Pre-2004 Recodification Citation: 33-4-2-9.]

As added by P.L.98-2004, SEC.7.

 

IC 33-28-1-4Form of process

     Sec. 4. If there is a process for which a form is not prescribed by law, a circuit court shall frame a new writ in conformity with the principles of the process.

[Pre-2004 Recodification Citation: 33-4-2-2.]

As added by P.L.98-2004, SEC.7.

 

IC 33-28-1-5Process; judgments; sentences; orders and injunctions; commissions for examination of witnesses; oaths; contempt

     Sec. 5. A circuit court may do the following:

(1) Issue and direct all processes necessary to the regular execution of the law to the following:

(A) A court of inferior jurisdiction.

(B) A corporation.

(C) An individual.

(2) Make all proper judgments, sentences, decrees, orders, and injunctions, issue all processes, and do other acts as may be proper to carry into effect the same, in conformity with Indiana laws and Constitution of the State of Indiana.

(3) Administer all necessary oaths.

(4) Punish, by fine or imprisonment, or both, all contempts of the court's authority.

(5) Proceed in any matter before the court, or in any matter in which the proceedings of the court, or the due course of justice, is interrupted.

(6) Grant commissions for the examination of witnesses according to the regulations of law.

[Pre-2004 Recodification Citations: 33-4-2-1; 33-4-2-3; 33-4-2-5; 33-4-2-8.]

As added by P.L.98-2004, SEC.7.

 

IC 33-28-1-6Subject matter in two or more counties

     Sec. 6. When the subject matter of a circuit court is situated in two (2) or more counties, the court that takes cognizance of the matter first shall retain the matter.

[Pre-2004 Recodification Citation: 33-4-2-4.]

As added by P.L.98-2004, SEC.7.

 

IC 33-28-1-7Seal of court

     Sec. 7. The circuit court of each county shall have a seal. A description of the seal must be signed by the judge devising the seal. The seal must be filed by the clerk and recorded.

[Pre-2004 Recodification Citation: 33-4-2-6.]

As added by P.L.98-2004, SEC.7.

 

IC 33-28-1-8Clerk's private seal

     Sec. 8. (a) This section applies to a new county in which a seal has not been devised for the county's circuit court.

     (b) The clerk of a circuit court located in a county subject to this section may seal all papers required by law to be sealed with the seal of the circuit court with the clerk's private seal. Papers sealed with the clerk's seal under this section are considered to have been sealed with a seal devised by the circuit court.

[Pre-2004 Recodification Citation: 33-4-2-7.]

As added by P.L.98-2004, SEC.7.

 

IC 33-28-1-9Failure of judge to attend court

     Sec. 9. A suit, process, matter, or proceeding returnable to or pending in any circuit court may not be discontinued by reason of a failure of the judge to attend on the first or any other day of the term.

[Pre-2004 Recodification Citation: 33-4-2-10.]

As added by P.L.98-2004, SEC.7.

 

IC 33-28-1-10Sheriff or coroner absent or incapacitated; appointment of elisor

     Sec. 10. If, at any time both the sheriff and the coroner are unable to attend, or if the sheriff and coroner are both incapacitated from serving, the board of county commissioners may appoint an elisor to serve during the pendency of the matter in which the sheriff and coroner are disabled from serving.

[Pre-2004 Recodification Citation: 33-4-2-11.]

As added by P.L.98-2004, SEC.7.

 

IC 33-28-1-11Oath, bond, and authority of elisor

     Sec. 11. An elisor appointed under section 10 of this chapter shall take the same oath and give the same bond and surety that are required of sheriffs. The elisor has the same authority to perform all the duties of the sheriff that relate to the service for which the elisor is specially appointed. The elisor is governed by the same rules and subject to the same penalties and liabilities as the sheriff.

[Pre-2004 Recodification Citation: 33-4-2-12.]

As added by P.L.98-2004, SEC.7.

 

IC 33-28-2Chapter 2. Election of Judges
           33-28-2-1Election of judges
           33-28-2-2Numbered seats

 

IC 33-28-2-1Election of judges

     Sec. 1. (a) A judge of the circuit court shall be elected under IC 3-10-2-11 by the voters of each circuit.

[Pre-2004 Recodification Citation: 33-4-4-1.]

As added by P.L.98-2004, SEC.7.

 

IC 33-28-2-2Numbered seats

     Sec. 2. In any circuit for which IC 33-33 provides more than one (1) judge of the circuit court, the county election board shall assign a number to each seat on the court. After that, any candidate for judge of the circuit court must file a declaration of candidacy under IC 3-8-2 or petition of nomination under IC 3-8-6 for one (1) specified seat of the court. Each seat on the court shall be listed separately on the election ballot in the form prescribed by IC 3-10-1-19 and IC 3-11.

[Pre-2004 Recodification Citation: 33-4-4-1.]

As added by P.L.98-2004, SEC.7. Amended by P.L.58-2005, SEC.31.

 

IC 33-28-3Chapter 3. Small Claims and Misdemeanor Division
           33-28-3-1Applicability of chapter to circuit courts having standard small claims and misdemeanor division
           33-28-3-2Dockets
           33-28-3-3Repealed
           33-28-3-4Jurisdiction of small claims docket
           33-28-3-5Exceptions to formal practice and procedure; answer and appearance; continuance; informality
           33-28-3-6Change of venue in cases on small claims docket
           33-28-3-7Waiver of trial by jury; demand for jury trial; transfer to plenary docket
           33-28-3-8Minor offenses and violations docket; jurisdiction; traffic violations bureau
           33-28-3-9Evening sessions; additional sessions
           33-28-3-10Compliance with requests by executive director of state court administration

 

IC 33-28-3-1Applicability of chapter to circuit courts having standard small claims and misdemeanor division

     Sec. 1. This chapter applies to each circuit court that has a standard small claims and misdemeanor division.

[Pre-2004 Recodification Citation: 33-4-3-5.]

As added by P.L.98-2004, SEC.7. Amended by P.L.201-2011, SEC.23.

 

IC 33-28-3-2Dockets

     Sec. 2. The small claims and misdemeanor division of the court has the following dockets:

(1) A small claims docket.

(2) A minor offenses and violations docket.

[Pre-2004 Recodification Citation: 33-4-3-6.]

As added by P.L.98-2004, SEC.7.

 

IC 33-28-3-3Repealed

[Pre-2004 Recodification Citation: 33-4-3-7.]

As added by P.L.98-2004, SEC.7. Repealed by P.L.1-2007, SEC.248.

 

IC 33-28-3-4Jurisdiction of small claims docket

     Sec. 4. (a) This section applies after June 30, 2005.

     (b) The small claims docket has jurisdiction over the following:

(1) Civil actions in which the amount sought or value of the property sought to be recovered is not more than six thousand dollars ($6,000). The plaintiff in a statement of claim or the defendant in a counterclaim may waive the excess of any claim that exceeds six thousand dollars ($6,000) in order to bring it within the jurisdiction of the small claims docket.

(2) Possessory actions between landlord and tenant in which the rent due at the time the action is filed does not exceed six thousand dollars ($6,000).

(3) Emergency possessory actions between a landlord and tenant under IC 32-31-6.

[Pre-2004 Recodification Citation: 33-4-3-7.]

As added by P.L.98-2004, SEC.7.

 

IC 33-28-3-5Exceptions to formal practice and procedure; answer and appearance; continuance; informality

     Sec. 5. (a) The exceptions provided in this section to formal practice and procedure apply to all cases on the small claims docket.

     (b) A defendant is considered to have complied with the statute and rule requiring the filing of an answer upon entering an appearance personally or by attorney. The appearance constitutes a general denial and preserves all defenses and compulsory counterclaims, which may then be presented at the trial of the case.

     (c) If, at the trial of the case, the court determines:

(1) that the complaint is so vague or ambiguous that the defendant was unable to determine the nature of the plaintiff's claim; or

(2) that the plaintiff is surprised by a defense or compulsory counterclaim raised by the defendant that the plaintiff could not reasonably have anticipated;

the court shall grant a continuance.

     (d) The trial shall be conducted informally, with the objective of dispensing speedy justice between the parties according to the rules of substantive law. The trial is not bound by the statutes or rules governing practice, procedure, pleadings, or evidence except for provisions relating to privileged communications and offers of compromise.

[Pre-2004 Recodification Citation: 33-4-3-8.]

As added by P.L.98-2004, SEC.7.

 

IC 33-28-3-6Change of venue in cases on small claims docket

     Sec. 6. There is no change of venue from the county as of right in cases on the small claims docket. However, a change of venue from the judge shall be granted as provided by statute and by rules of the supreme court.

[Pre-2004 Recodification Citation: 33-4-3-9.]

As added by P.L.98-2004, SEC.7.

 

IC 33-28-3-7Waiver of trial by jury; demand for jury trial; transfer to plenary docket

     Sec. 7. (a) The filing of a claim on the small claims docket is considered a waiver of trial by jury.

     (b) The defendant may, not later than ten (10) days following service of the complaint in a small claims case, demand a trial by jury by filing an affidavit that:

(1) states that there are questions of fact requiring a trial by jury;

(2) specifies those questions of fact; and

(3) states that the demand is in good faith.

     (c) Notice of the defendant's right to a jury trial, and the ten (10) day period in which to file for a jury trial, must be clearly stated on the notice of claim or on an additional sheet to be served with the notice of claim on the defendant.

     (d) Upon the deposit of seventy dollars ($70) in the small claims docket by the defendant, the court shall transfer the claim to the plenary docket. Upon transfer, the claim then loses its status as a small claim.

[Pre-2004 Recodification Citation: 33-4-3-10.]

As added by P.L.98-2004, SEC.7.

 

IC 33-28-3-8Minor offenses and violations docket; jurisdiction; traffic violations bureau

     Sec. 8. (a) The minor offenses and violations docket has jurisdiction over the following:

(1) All Level 6 felony cases.

(2) All misdemeanor cases.

(3) All infraction cases.

(4) All ordinance violation cases.

     (b) The court shall establish a traffic violations bureau in the manner prescribed by IC 34-28-5-7 through IC 34-28-5-9.

[Pre-2004 Recodification Citation: 33-4-3-11.]

As added by P.L.98-2004, SEC.7. Amended by P.L.201-2011, SEC.24; P.L.158-2013, SEC.337.

 

IC 33-28-3-9Evening sessions; additional sessions

     Sec. 9. (a) The court shall provide by rule for an evening session to be held once each week.

     (b) The court shall hold additional sessions in the evening and on holidays as necessary to ensure the just, speedy, and inexpensive determination of every action.

[Pre-2004 Recodification Citation: 33-4-3-12.]

As added by P.L.98-2004, SEC.7.

 

IC 33-28-3-10Compliance with requests by executive director of state court administration

     Sec. 10. The court shall comply with all requests made under IC 33-24-6-3 by the executive director of the division of state court administration concerning the small claims and misdemeanor division.

[Pre-2004 Recodification Citation: 33-4-3-13.]

As added by P.L.98-2004, SEC.7.

 

IC 33-28-4Chapter 4. Repealed

[Pre-2004 Recodification Citations:

33-28-4-1         formerly 33-4-5-11

33-28-4-2         formerly 33-4-5-1

33-28-4-3         formerly 33-4-5-2

33-28-4-4         formerly 33-4-5-3

33-28-4-5         formerly 33-4-5-4

33-28-4-6         formerly 33-4-5-5

33-28-4-7         formerly 33-4-5-6

33-28-4-8         formerly 33-4-5-7

33-28-4-9         formerly 33-4-5-9.]

Repealed by P.L.118-2007, SEC.38.

 

IC 33-28-5Chapter 5. Circuit and Superior Court Jury Selection and Service
           33-28-5-1"Courts" defined
           33-28-5-2"Juror qualification form" defined
           33-28-5-3"Jury administrator" defined
           33-28-5-3.5"Jury pool" defined
           33-28-5-4Repealed
           33-28-5-5"Master list" defined
           33-28-5-6Repealed
           33-28-5-7"Supervising judge" defined
           33-28-5-8Repealed
           33-28-5-9Uniform system of jury selection
           33-28-5-10Computerized jury selection system
           33-28-5-11Repealed
           33-28-5-12Plan for selection of grand and petit jurors
           33-28-5-13Master lists of prospective jurors
           33-28-5-14Drawing of names; time; filing
           33-28-5-15Repealed
           33-28-5-16Juror qualification form; mailing; contents
           33-28-5-17Failure to appear; misrepresentation
           33-28-5-18Disqualification or excuse from jury service
           33-28-5-19Repealed
           33-28-5-20Drawing of names to establish jury panels
           33-28-5-21Motion to stay proceedings or dismiss indictment for failure to comply with chapter
           33-28-5-22Preservation of records; public inspection
           33-28-5-23Completion of jury service
           33-28-5-24Failure to comply with summons; criminal contempt
           33-28-5-24.3Adverse employment action as the result of jury service; small employer exception
           33-28-5-25Adoption of rules

 

IC 33-28-5-1"Courts" defined

     Sec. 1. As used in this chapter, "courts" means courts that conduct jury trials.

[Pre-2004 Recodification Citation: 33-4-11-1.]

As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007, SEC.2.

 

IC 33-28-5-2"Juror qualification form" defined

     Sec. 2. As used in this chapter, "juror qualification form" means the form prescribed for use by the courts and delivered to each prospective juror.

[Pre-2004 Recodification Citation: 33-4-11-2.]

As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007, SEC.3.

 

IC 33-28-5-3"Jury administrator" defined

     Sec. 3. As used in this chapter, "jury administrator" means the court administrator, the county clerk, or other clerical personnel appointed by a supervising judge to administer the jury assembly process.

[Pre-2004 Recodification Citation: 33-4-11-3.]

As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007, SEC.4.

 

IC 33-28-5-3.5"Jury pool" defined

     Sec. 3.5. As used in this chapter, "jury pool" means the names or identifying numbers of prospective jurors drawn at random from the master list.

As added by P.L.118-2007, SEC.5.

 

IC 33-28-5-4Repealed

[Pre-2004 Recodification Citation: 33-4-11-4.]

As added by P.L.98-2004, SEC.7. Repealed by P.L.118-2007, SEC.38.

 

IC 33-28-5-5"Master list" defined

     Sec. 5. As used in this chapter, "master list" means a form of record that contains the current lists approved by the supreme court that may be used to select prospective jurors.

[Pre-2004 Recodification Citation: 33-4-11-5.]

As added by P.L.98-2004, SEC.7. Amended by P.L.80-2006, SEC.6; P.L.118-2007, SEC.6.

 

IC 33-28-5-6Repealed

[Pre-2004 Recodification Citation: 33-4-11-6.]

As added by P.L.98-2004, SEC.7. Repealed by P.L.118-2007, SEC.38.

 

IC 33-28-5-7"Supervising judge" defined

     Sec. 7. As used in this chapter, "supervising judge" means a judge of the courts designated to supervise the jury assembly process.

[Pre-2004 Recodification Citation: 33-4-11-7.]

As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007, SEC.7.

 

IC 33-28-5-8Repealed

[Pre-2004 Recodification Citation: 33-4-11-8.]

As added by P.L.98-2004, SEC.7. Repealed by P.L.80-2006, SEC.17.

 

IC 33-28-5-9Uniform system of jury selection

     Sec. 9. The jury assembly process must provide a uniform system of jury selection for the courts ensuring that:

(1) persons selected for jury service are selected at random from a fair cross-section of the population of the area served by the courts; and

(2) qualified citizens have the opportunity under this chapter to:

(A) be considered for jury service in the county; and

(B) fulfill their obligation to serve as jurors when summoned for that purpose.

[Pre-2004 Recodification Citation: 33-4-11-9.]

As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007, SEC.8.

 

IC 33-28-5-10Computerized jury selection system

     Sec. 10. (a) The supervising judge may authorize use of a computerized jury selection system under this chapter.

     (b) A system authorized under subsection (a) must provide for the impartial and random selection of prospective jurors.

[Pre-2004 Recodification Citation: 33-4-11-10.]

As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007, SEC.9.

 

IC 33-28-5-11Repealed

[Pre-2004 Recodification Citation: 33-4-11-11.]

As added by P.L.98-2004, SEC.7. Repealed by P.L.118-2007, SEC.38.

 

IC 33-28-5-12Plan for selection of grand and petit jurors

     Sec. 12. (a) Under the supervision of the supervising judge, the jury administrator shall prepare a written plan for the selection of grand and petit jurors in the county. The plan must be designed to achieve the objectives of this chapter. The plan must specify the following:

(1) Source of names for the master list.

(2) Form of the master list.

(3) Method of selecting names from the master list.

(4) Methods for maintaining records of names drawn, jurors qualified, and jurors' deferrals and reasons to be deferred, including specifying any necessary forms.

(5) Method of drawing names of qualified jurors for prospective service.

(6) Procedures to be followed by prospective jurors in requesting to be deferred from jury service.

(7) Number of petit jurors that constitutes a panel for civil and criminal cases or a description of the uniform manner in which this determination is made.

(8) That upon receipt of an order for a grand jury, the jury administrator shall publicly, and in accordance with section 20 of this chapter, draw at random from the jury pool twelve (12) qualified jurors and direct them to appear before the supervising judge. The supervising judge shall randomly select six (6) jurors after:

(A) explaining to the twelve (12) prospective jurors the duties and responsibilities of a grand jury; and

(B) deferring jurors under section 18 of this chapter.

     (b) The plan must be submitted by the jury administrator to the judges of the courts. The judges of the courts shall approve or direct modification of the plan not later than sixty (60) days after its receipt. If the plan is found not to comply, the court shall order the jury administrator to make the necessary changes to bring the plan into compliance. The approved plan must go into effect not later than sixty (60) days after the plan is approved by the judges of the courts.

     (c) The plan may be modified at any time according to the procedure specified under this chapter.

     (d) The plan is a public document on file in the office of the jury administrator and must be available for inspection at all reasonable times.

[Pre-2004 Recodification Citation: 33-4-11-12.]

As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007, SEC.10.

 

IC 33-28-5-13Master lists of prospective jurors

     Sec. 13. (a) The jury administrator shall compile and maintain a master list consisting of lists approved by the supreme court that may be used to select prospective jurors. In compiling the master list, the jury administrator shall make a reasonable effort to avoid duplication of names.

     (b) A person who has custody, possession, or control of any of the lists making up or used in compiling the master list shall furnish the master list to the jury administrator for inspection, reproduction, and copying at all reasonable times.

     (c) When a copy of a list maintained by a public official is furnished, only the actual cost of the copy may be charged to the courts.

     (d) The master list of names is open to the public for examination as a public record. However, all other information other than the names contained in the master list is confidential.

[Pre-2004 Recodification Citation: 33-4-11-13.]

As added by P.L.98-2004, SEC.7. Amended by P.L.80-2006, SEC.7; P.L.118-2007, SEC.11.

 

IC 33-28-5-14Drawing of names; time; filing

     Sec. 14. (a) Names must be drawn for the jury pool at least one (1) time each year based on a calendar year commencing in January. Drawing of names for the first jury pool for a calendar year must be held during the last quarter of the calendar year preceding the calendar year for which names are being drawn, at a time and place prescribed by the jury administrator.

     (b) The number of names required to be drawn from the jury pool for jury service must be determined by the jury administrator after consultation with all judges of the courts who may conduct jury trials, taking into consideration the number of jurors required for the grand jury.

     (c) The frequency of the drawing of names to be summoned for jury service may be increased by the jury administrator if the jury administrator determines it necessary for purposes of fairness, efficiency, or to ensure compliance with this chapter.

     (d) Names to be summoned for jury service must be drawn randomly under section 20 of this chapter.

     (e) Except by order of the supervising judge, names drawn from the jury pool to be summoned for jury service may not be returned to the jury pool until all nonexempt persons in the jury pool have been called.

     (f) This section shall be construed liberally, to the effect that:

(1) an indictment may not be quashed; and

(2) a trial, a judgment, an order, or a proceeding may not be reversed or held invalid;

on the ground that the terms of this section have not been followed, unless it appears that the noncompliance was either in bad faith or was objected to promptly upon discovery and was probably harmful to the substantial rights of the objecting party.

[Pre-2004 Recodification Citation: 33-4-11-14.]

As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007, SEC.12.

 

IC 33-28-5-15Repealed

[Pre-2004 Recodification Citation: 33-4-11-15.]

As added by P.L.98-2004, SEC.7. Repealed by P.L.118-2007, SEC.38.

 

IC 33-28-5-16Juror qualification form; mailing; contents

     Sec. 16. (a) Not later than seven (7) days after the date of the drawing of names of persons to be notified of jury service from the jury pool, the jury administrator shall provide a juror qualification form to each person who is notified to appear for jury service. The qualification form must be accompanied by instructions to fill out and return the qualification form to the jury administrator within a specified period. The instructions must advise prospective jurors of the procedure for requesting a deferral from jury service.

     (b) The juror qualification form must elicit whether the prospective juror:

(1) is a citizen of the United States;

(2) is at least eighteen (18) years of age;

(3) is a resident of the summoning county;

(4) is able to read, speak, and understand the English language;

(5) is not suffering from any physical or mental disability that prevents the person from rendering satisfactory jury service;

(6) is not under a guardianship because of mental incapacity;

(7) has not had the right to vote revoked by reason of a felony conviction, unless the right to vote has been restored; or

(8) is a law enforcement officer.

The juror qualification form must contain the prospective juror's declaration, under oath or affirmation, that the responses are true to the best of the prospective juror's knowledge. Notarization of the juror qualification form is not required.

     (c) If a prospective juror is unable to fill out the form, another person may fill out the form for the prospective juror. If the form is completed by a person other than a prospective juror, the form must indicate that another person has done so and the reason for doing so.

     (d) If it appears there is an omission, ambiguity, or error in a returned form, the jury administrator shall resend the form, instructing the prospective juror to make the necessary addition, clarification, or correction and to return the form to the jury administrator within a specified period.

[Pre-2004 Recodification Citation: 33-4-11-16.]

As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007, SEC.13.

 

IC 33-28-5-17Failure to appear; misrepresentation

     Sec. 17. (a) If a prospective juror fails to appear under the supervising judge's order or fails to show good cause for the failure to appear as directed by the jury administrator, the prospective juror is subject to criminal contempt.

     (b) A person who knowingly misrepresents a material fact on a juror qualification form for the purpose of avoiding or securing service as a juror commits a Class C misdemeanor.

[Pre-2004 Recodification Citation: 33-4-11-17.]

As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007, SEC.14.

 

IC 33-28-5-18Disqualification or excuse from jury service

     Sec. 18. (a) The supervising judge or the jury administrator shall determine whether a prospective juror is qualified to serve or, if disabled but otherwise qualified, whether the prospective juror could serve with reasonable accommodation. A person who is not eligible for jury service may not serve. The facts supporting juror disqualification or exemption must be recorded under oath or affirmation. A disqualification or exemption is not authorized unless supported by the facts. The jury administrator shall make a record of all disqualifications.

     (b) A prospective juror is disqualified to serve on a jury if any of the following conditions exist:

(1) The person is not a citizen of the United States, at least eighteen (18) years of age, and a resident of the county.

(2) The person is unable to read, speak, and understand the English language with a degree of proficiency sufficient to fill out satisfactorily a juror qualification form.

(3) The person is incapable of rendering satisfactory jury service due to physical or mental disability. However, a person claiming this disqualification may be required to submit a physician's or authorized Christian Science practitioner's certificate confirming the disability, and the certifying physician or practitioner is then subject to inquiry by the court at the court's discretion.

(4) A guardian has been appointed for the person under IC 29-3 because the person has a mental incapacity.

(5) The person has had the right to vote revoked by reason of a felony conviction and the right has not been restored.

     (c) A person scheduled to appear for jury service has the right to defer the date of the person's initial appearance for jury service one (1) time upon a showing of hardship, extreme inconvenience, or necessity. The court shall grant a prospective juror's request for deferral if the following conditions are met:

(1) The prospective juror has not previously been granted a deferral.

(2) The prospective juror requests a deferral by contacting the jury administrator:

(A) by telephone;

(B) by electronic mail;

(C) in writing; or

(D) in person.

(3) The prospective juror selects another date on which the prospective juror will appear for jury service that is:

(A) not more than one (1) year after the date upon which the prospective juror was originally scheduled to appear; and

(B) a date when the court will be in session.

(4) The court determines that the prospective juror has demonstrated that a deferral is necessary due to:

(A) hardship;

(B) extreme inconvenience; or

(C) necessity.

     (d) A prospective juror who is at least seventy-five (75) years of age may be exempted from jury service if the prospective juror notifies the jury administrator that the prospective juror is at least seventy-five (75) years of age and wishes to be exempted from jury service.

     (e) A person may not serve as a petit juror in any county if the person served as a petit juror in the same county within the previous three hundred sixty-five (365) days in a case that resulted in a verdict. The fact that a person's selection as a juror would violate this subsection is sufficient cause for challenge.

     (f) A grand jury, a petit jury, or an individual juror drawn for service in one (1) court may serve in another court of the county, in accordance with orders entered on the record in each of the courts.

     (g) The same petit jurors may be used in civil cases and in criminal cases.

     (h) A person may not be excluded from jury service on account of race, color, religion, sex, national origin, or economic status.

[Pre-2004 Recodification Citation: 33-4-11-18.]

As added by P.L.98-2004, SEC.7. Amended by P.L.4-2006, SEC.4; P.L.118-2007, SEC.15; P.L.157-2009, SEC.1.

 

IC 33-28-5-19Repealed

[Pre-2004 Recodification Citation: 33-4-11-19.]

As added by P.L.98-2004, SEC.7. Repealed by P.L.118-2007, SEC.38.

 

IC 33-28-5-20Drawing of names to establish jury panels

     Sec. 20. The jury administrator shall randomly draw names from the jury pool as needed to establish jury panels for jury selection. Prospective jurors may not be drawn from bystanders or from any source other than the jury pool.

[Pre-2004 Recodification Citation: 33-4-11-20.]

As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007, SEC.16.

 

IC 33-28-5-21Motion to stay proceedings or dismiss indictment for failure to comply with chapter

     Sec. 21. (a) Not later than seven (7) days after a moving party discovers or by the exercise of diligence could have discovered grounds, but before a petit jury is sworn to try a case, a party may:

(1) in a civil case move to stay the proceedings; and

(2) in a criminal case move:

(A) to dismiss the indictment (if the case has been brought by indictment);

(B) to stay the proceedings; or

(C) for other appropriate relief;

on the ground of substantial failure to comply with this chapter in selecting the prospective grand or petit jurors.

     (b) Upon a motion filed under subsection (a) containing a sworn statement of facts that, if true, would constitute a substantial failure to comply with this chapter, the moving party may present evidence in support of the motion.

     (c) If the court determines that in selecting either a grand jury or a petit jury there has been a substantial failure to comply with this chapter, the court:

(1) shall stay the proceedings pending the selection of the jury in conformity with this chapter; and

(2) may dismiss an indictment (if the case was brought by indictment) or grant other appropriate relief.

     (d) The procedures required by this section are the exclusive means by which the state, a person accused of an offense, or a party in a civil case may challenge a jury on the ground that the jury was not selected in conformity with this chapter.

     (e) The parties to the case may inspect, reproduce, and copy the records or papers of the jury administrator at all reasonable times during the preparation and pendency of a motion under subsection (a).

[Pre-2004 Recodification Citation: 33-4-11-21.]

As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007, SEC.17.

 

IC 33-28-5-22Preservation of records; public inspection

     Sec. 22. After the period of service for which names were drawn from the master jury list has expired, and all persons selected to serve as jurors have been discharged, all records and papers compiled and maintained by the jury administrator or the clerk must be preserved by the clerk of the courts for the period prescribed by rule of the supreme court. The records and papers must be available for public inspection at all reasonable times and in accordance with this chapter and applicable supreme court rules.

[Pre-2004 Recodification Citation: 33-4-11-22.]

As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007, SEC.18.

 

IC 33-28-5-23Completion of jury service

     Sec. 23. (a) A person who appears for service as a petit or grand juror serves until the conclusion of the first trial in which the juror is sworn, regardless of the length of the trial or the manner in which the trial is disposed. A person who appears for service but is not selected and sworn as a juror completes the person's service when jury selection is complete.

     (b) Except by order of the supervising judge, a person who:

(1) serves as a juror under this chapter; or

(2) serves until jury selection is complete but is not chosen to serve as a juror;

may not be selected for another jury panel until all nonexempt persons in the jury pool have been called for jury duty.

[Pre-2004 Recodification Citation: 33-4-11-23.]

As added by P.L.98-2004, SEC.7. Amended by P.L.80-2006, SEC.8; P.L.118-2007, SEC.19.

 

IC 33-28-5-24Failure to comply with summons; criminal contempt

     Sec. 24. A person summoned for jury service who fails to appear or complete jury service as directed is subject to criminal contempt.

[Pre-2004 Recodification Citation: 33-4-11-24.]

As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007, SEC.20.

 

IC 33-28-5-24.3Adverse employment action as the result of jury service; small employer exception

     Sec. 24.3. (a) If a person:

(1) is summoned to serve as a juror; and

(2) notifies the person's employer of the jury summons within a reasonable period:

(A) after receiving the jury summons; and

(B) before the person appears for jury service;

the person's employer may not subject the person to any adverse employment action as the result of the person's jury service.

     (b) An employee may not be required or requested to use annual leave, vacation leave, or sick leave for time spent:

(1) responding to a summons for jury service;

(2) participating in the jury selection process; or

(3) serving on a jury.

This subsection does not require an employer to provide annual leave, vacation leave, or sick leave to an employee who is not otherwise entitled to these benefits.

     (c) If:

(1) a prospective juror works for an employer with not more than ten (10) full-time employees (or their equivalent);

(2) another employee of the employer described in subdivision (1) is performing jury service; and

(3) the prospective juror or the person performing jury service notifies the court that they both work for the same employer;

the court shall reschedule the prospective juror's jury service for a date that does not overlap with the jury service of the other employee.

As added by P.L.4-2006, SEC.5. Amended by P.L.118-2007, SEC.21.

 

IC 33-28-5-25Adoption of rules

     Sec. 25. The supreme court may adopt rules, not inconsistent with this chapter, regulating the selection and service of jurors.

[Pre-2004 Recodification Citation: 33-4-11-25.]

As added by P.L.98-2004, SEC.7.

 

IC 33-28-6Chapter 6. Repealed

[Pre-2004 Recodification Citations:

33-28-6-1              formerly 33-4-5.5-1

33-28-6-2              formerly 33-4-5.5-4

33-28-6-3              formerly 33-4-5.5-4

33-28-6-4              formerly 33-4-5.5-4

33-28-6-5              formerly 33-4-5.5-4

33-28-6-6              formerly 33-4-5.5-4

33-28-6-7              formerly 33-4-5.5-4

33-28-6-8              formerly 33-4-5.5-4

33-28-6-9              formerly 33-4-5.5-2

33-28-6-10            formerly 33-4-5.5-3

33-28-6-11            formerly 33-4-5.5-5

33-28-6-12            formerly 33-4-5.5-6

33-28-6-13            formerly 33-4-5.5-7

33-28-6-14            formerly 33-4-5.5-8

33-28-6-15            formerly 33-4-5.5-9

33-28-6-16            formerly 33-4-5.5-10

33-28-6-17            formerly 33-4-5.5-11

33-28-6-18            formerly 33-4-5.5-12

33-28-6-19            formerly 33-4-5.5-13

33-28-6-20            formerly 33-4-5.5-14

33-28-6-21            formerly 33-4-5.5-15

33-28-6-22            formerly 33-4-5.5-16

33-28-6-23            formerly 33-4-5.5-17

33-28-6-24            formerly 33-4-5.5-19

33-28-6-25            formerly 33-4-5.5-20

33-28-6-26            formerly 33-4-5.5-22.]

Repealed by P.L.118-2007, SEC.38.

 

IC 33-29ARTICLE 29. SUPERIOR COURTS
           Ch. 1.Provisions Concerning Standard Superior Courts
           Ch. 1.5.Jurisdiction of Nonstandard Superior Courts
           Ch. 2.Provisions Governing Standard Small Claims and Misdemeanor Division
           Ch. 3.Small Claims Referees
           Ch. 4.Division of Rooms in Superior Courts
           Ch. 5.Terms and Powers of Superior Courts
           Ch. 6.Transfer of Action to Circuit Court

 

IC 33-29-1Chapter 1. Provisions Concerning Standard Superior Courts
           33-29-1-1Application
           33-29-1-1.5Jurisdiction
           33-29-1-2Seal
           33-29-1-3Judge; election; qualifications
           33-29-1-4Judicial powers
           33-29-1-5Bailiff and court reporter
           33-29-1-6Clerk; books and dockets
           33-29-1-7Courtroom; equipment; duty of county executive
           33-29-1-8Juries
           33-29-1-9Transfer of cases
           33-29-1-10Transfer of judges

 

IC 33-29-1-1Application

     Sec. 1. Except as otherwise provided in IC 33-33, this chapter applies to standard superior courts established in IC 33-33.

[2004 Recodification Citation: New.]

As added by P.L.98-2004, SEC.8.

 

IC 33-29-1-1.5Jurisdiction

     Sec. 1.5. All standard superior courts have:

(1) original and concurrent jurisdiction in all civil cases and in all criminal cases;

(2) de novo appellate jurisdiction of appeals from city and town courts; and

(3) in Marion County, de novo appellate jurisdiction of appeals from township small claims courts established under IC 33-34.

As added by P.L.201-2011, SEC.25.

 

IC 33-29-1-2Seal

     Sec. 2. A standard superior court may have a seal containing the words "________ (insert name of county in which the court is located) Superior Court ______ (insert court number for multiple courts), _______ (insert name of county) County, Indiana".

[Pre-2004 Recodification Citation: Various 33-33 provisions.]

As added by P.L.98-2004, SEC.8.

 

IC 33-29-1-3Judge; election; qualifications

     Sec. 3. (a) A standard superior court judge is elected at the general election every six (6) years in the county in which the court is located. The judge's term begins January 1 following the election and ends December 31 following the election of the judge's successor.

     (b) To be eligible to hold office as a judge of a standard superior court, a person must be:

(1) a resident of the county in which the court is located; and

(2) admitted to practice law in Indiana.

[Pre-2004 Recodification Citation: Various 33-33 provisions.]

As added by P.L.98-2004, SEC.8. Amended by P.L.161-2011, SEC.1; P.L.201-2011, SEC.18.

 

IC 33-29-1-4Judicial powers

     Sec. 4. The judge of a standard superior court:

(1) has the same powers relating to the conduct of business of the court as the judge of the circuit court of the county in which the standard superior court is located; and

(2) may administer oaths, solemnize marriages, and take and certify acknowledgments of deeds.

[Pre-2004 Recodification Citation: Various 33-33 provisions.]

As added by P.L.98-2004, SEC.8.

 

IC 33-29-1-5Bailiff and court reporter

     Sec. 5. (a) The judge of a standard superior court shall appoint a bailiff and an official court reporter for the court.

     (b) The salaries of the bailiff and the official court reporter shall be:

(1) fixed in the same manner as the salaries of the bailiff and the official court reporter for the circuit court of the county in which the standard superior court is located; and

(2) paid monthly:

(A) out of the treasury of the county in which the standard superior court is located; and

(B) as provided by law.

[Pre-2004 Recodification Citation: Various 33-33 provisions.]

As added by P.L.98-2004, SEC.8.

 

IC 33-29-1-6Clerk; books and dockets

     Sec. 6. The clerk of a standard superior court, under the direction of the judge of the court, shall provide:

(1) order books and fee books;

(2) judgment dockets and execution dockets; and

(3) other books for the court;

that must be kept separately from the books and papers of other courts.

[Pre-2004 Recodification Citation: Various 33-33 provisions.]

As added by P.L.98-2004, SEC.8.

 

IC 33-29-1-7Courtroom; equipment; duty of county executive

     Sec. 7. (a) The county executive for the county in which the standard superior court is located shall provide and maintain:

(1) a suitable courtroom;

(2) furniture and equipment; and

(3) other rooms and facilities;

necessary for the operation of the court.

     (b) The county fiscal body shall appropriate sufficient funds for the provision and maintenance of the items described in subdivisions (1) through (3).

[Pre-2004 Recodification Citation: Various 33-33 provisions.]

As added by P.L.98-2004, SEC.8.

 

IC 33-29-1-8Juries

     Sec. 8. (a) A jury in the standard superior court shall be selected as provided in IC 33-28-5.

     (b) A grand jury selected for the circuit court of the county in which the standard superior court is located shall serve as the grand jury for the standard superior court.

[Pre-2004 Recodification Citation: Various 33-33 provisions.]

As added by P.L.98-2004, SEC.8. Amended by P.L.118-2007, SEC.22.

 

IC 33-29-1-9Transfer of cases

     Sec. 9. (a) The judge of the circuit court of the county in which the standard superior court is located may, with the consent of the judge of the standard superior court, transfer any action or proceeding from the circuit court to the standard superior court.

     (b) The judge of a standard superior court may, with the consent of the judge of the circuit court, transfer any action or proceeding from the standard superior court to the circuit court of the county in which the standard superior court is located.

[Pre-2004 Recodification Citation: Various 33-33 provisions.]

As added by P.L.98-2004, SEC.8.

 

IC 33-29-1-10Transfer of judges

     Sec. 10. (a) The judge of the circuit court of the county in which the standard superior court is located may, with the consent of the judge of the standard superior court, sit as a judge of the standard superior court in any matter as if the circuit court judge were an elected judge of the standard superior court.

     (b) The judge of a standard superior court may, with the consent of the judge of the circuit court, sit as the judge of the circuit court of the county in which the standard superior court is located in any matter as if the judge of the standard superior court were the elected judge of the circuit court.

[Pre-2004 Recodification Citation: Various 33-33 provisions.]

As added by P.L.98-2004, SEC.8.

 

IC 33-29-1.5Chapter 1.5. Jurisdiction of Nonstandard Superior Courts
           33-29-1.5-1Application
           33-29-1.5-2Jurisdiction

 

IC 33-29-1.5-1Application

     Sec. 1. This chapter applies to a superior court that is not a standard superior court described in IC 33-29-1.

As added by P.L.201-2011, SEC.26.

 

IC 33-29-1.5-2Jurisdiction

     Sec. 2. All superior courts have:

(1) original and concurrent jurisdiction in all civil cases and in all criminal cases;

(2) de novo appellate jurisdiction of appeals from city and town courts; and

(3) in Marion County, de novo appellate jurisdiction of appeals from township small claims courts established under IC 33-34.

As added by P.L.201-2011, SEC.26.

 

IC 33-29-2Chapter 2. Provisions Governing Standard Small Claims and Misdemeanor Division
           33-29-2-1Applicability
           33-29-2-2Dockets
           33-29-2-3Repealed
           33-29-2-4Jurisdiction
           33-29-2-5Exceptions to formal practice and procedure; answer and appearance; continuance; informality
           33-29-2-6Change of venue
           33-29-2-7Jury trial; transfer to plenary docket
           33-29-2-8Minor offenses and violations docket
           33-29-2-9Evening sessions; additional sessions
           33-29-2-10Requests by executive director of state court administration

 

IC 33-29-2-1Applicability

     Sec. 1. This chapter applies to each superior court that has a standard small claims and misdemeanor division.

[Pre-2004 Recodification Citation: 33-5-2-2.]

As added by P.L.98-2004, SEC.8. Amended by P.L.201-2011, SEC.27.

 

IC 33-29-2-2Dockets

     Sec. 2. The small claims and misdemeanor division of the court has the following dockets:

(1) A small claims docket.

(2) A minor offenses and violations docket.

[Pre-2004 Recodification Citation: 33-5-2-3.]

As added by P.L.98-2004, SEC.8.

 

IC 33-29-2-3Repealed

[Pre-2004 Recodification Citation: 33-5-2-4.]

As added by P.L.98-2004, SEC.8. Repealed by P.L.1-2007, SEC.248.

 

IC 33-29-2-4Jurisdiction

     Sec. 4. (a) This section applies after June 30, 2005.

     (b) The small claims docket has jurisdiction over the following:

(1) Civil actions in which the amount sought or value of the property sought to be recovered is not more than six thousand dollars ($6,000). The plaintiff in a statement of claim or the defendant in a counterclaim may waive the excess of any claim that exceeds six thousand dollars ($6,000) in order to bring it within the jurisdiction of the small claims docket.

(2) Possessory actions between landlord and tenant in which the rent due at the time the action is filed does not exceed six thousand dollars ($6,000).

(3) Emergency possessory actions between a landlord and tenant under IC 32-31-6.

[Pre-2004 Recodification Citation: 33-5-2-4.]

As added by P.L.98-2004, SEC.8.

 

IC 33-29-2-5Exceptions to formal practice and procedure; answer and appearance; continuance; informality

     Sec. 5. (a) The exceptions provided in this section to formal practice and procedure apply to all cases on the small claims docket.

     (b) A defendant is considered to have complied with the statute and rule requiring the filing of an answer upon entering an appearance personally or by attorney. The appearance constitutes a general denial and preserves all defenses and compulsory counterclaims, which may then be presented at the trial of the cause.

     (c) If, at the trial of the cause, the court determines:

(1) that the complaint is so vague or ambiguous that the defendant was unable to determine the nature of the plaintiff's claim; or

(2) that the plaintiff is surprised by a defense or compulsory counterclaim raised by the defendant that the plaintiff could not reasonably have anticipated;

the court shall grant a continuance.

     (d) The trial shall be conducted informally, with the sole objective of dispensing speedy justice between the parties according to the rules of substantive law. The trial is not bound by the statutes or rules governing practice, procedure, pleadings, or evidence except for provisions relating to privileged communications and offers of compromise.

[Pre-2004 Recodification Citation: 33-5-2-5.]

As added by P.L.98-2004, SEC.8.

 

IC 33-29-2-6Change of venue

     Sec. 6. There is no change of venue from the county as of right in cases on the small claims docket. However, a change of venue from the judge shall be granted as provided by statute and by rules of the supreme court.

[Pre-2004 Recodification Citation: 33-5-2-6.]

As added by P.L.98-2004, SEC.8.

 

IC 33-29-2-7Jury trial; transfer to plenary docket

     Sec. 7. (a) The filing of a claim on the small claims docket is considered a waiver of trial by jury.

     (b) A defendant may, not later than ten (10) days following service of the complaint in a small claims case, demand a trial by jury by filing an affidavit that:

(1) states that there are questions of fact requiring a trial by jury;

(2) specifies those questions of fact; and

(3) states that the demand is in good faith.

     (c) Notice of the defendant's right to a jury trial, and the ten (10) day period in which to file for a jury trial, shall be clearly stated on the notice of claim or on an additional sheet to be served with the notice of claim on the defendant.

     (d) Upon the deposit of seventy dollars ($70) in the small claims docket by the defendant, the court shall transfer the claim to the plenary docket. Upon transfer, the claim then loses its status as a small claim.

[Pre-2004 Recodification Citation: 33-5-2-7.]

As added by P.L.98-2004, SEC.8.

 

IC 33-29-2-8Minor offenses and violations docket

     Sec. 8. (a) The minor offenses and violations docket has jurisdiction over the following:

(1) All Level 6 felony cases.

(2) All misdemeanor cases.

(3) All infraction cases.

(4) All ordinance violation cases.

     (b) The court shall establish a traffic violations bureau in the manner prescribed by IC 34-28-5-7 through IC 34-28-5-13.

[Pre-2004 Recodification Citation: 33-5-2-8.]

As added by P.L.98-2004, SEC.8. Amended by P.L.158-2013, SEC.338.

 

IC 33-29-2-9Evening sessions; additional sessions

     Sec. 9. (a) The court shall provide by rule for an evening session to be held one (1) time each week.

     (b) The court shall hold additional sessions in the evening and on holidays as necessary to ensure the just, speedy, and inexpensive determination of every action.

[Pre-2004 Recodification Citation: 33-5-2-9.]

As added by P.L.98-2004, SEC.8.

 

IC 33-29-2-10Requests by executive director of state court administration

     Sec. 10. The court shall comply with all requests made under IC 33-24-6-3 by the executive director of the division of state court administration concerning the small claims and misdemeanor division.

[Pre-2004 Recodification Citation: 33-5-2-10.]

As added by P.L.98-2004, SEC.8.

 

IC 33-29-3Chapter 3. Small Claims Referees
           33-29-3-1Application
           33-29-3-2Times of service; qualifications
           33-29-3-3Appointment; practice of law
           33-29-3-4Powers
           33-29-3-5Duties
           33-29-3-6Limiting power of court

 

IC 33-29-3-1Application

    Sec. 1. This chapter applies to each superior court having a standard small claims and misdemeanor division for which a judge of the superior court is authorized under IC 33-33 to appoint a small claims referee.

[Pre-2004 Recodification Citation: 33-5-2.5-1.]

As added by P.L.98-2004, SEC.8.

 

IC 33-29-3-2Times of service; qualifications

    Sec. 2. (a) A small claims referee shall serve at those times the court requires.

    (b) A small claims referee:

(1) must be admitted to the practice of law in Indiana;

(2) is not required to be a resident of the county; and

(3) continues in office until removed by the judge of the court.

[Pre-2004 Recodification Citation: 33-5-2.5-2.]

As added by P.L.98-2004, SEC.8.

 

IC 33-29-3-3Appointment; practice of law

    Sec. 3. The appointment of the small claims referee:

(1) must be in writing; and

(2) does not prohibit the private practice of law by the appointee.

[Pre-2004 Recodification Citation: 33-5-2.5-3.]

As added by P.L.98-2004, SEC.8.

 

IC 33-29-3-4Powers

    Sec. 4. A small claims referee may:

(1) administer all oaths and affirmations;

(2) take and certify affidavits and depositions;

(3) issue subpoenas for witnesses;

(4) compel the attendance of witnesses; and

(5) punish contempts;

for matters within the small claims jurisdiction of the court.

[Pre-2004 Recodification Citation: 33-5-2.5-4.]

As added by P.L.98-2004, SEC.8.

 

IC 33-29-3-5Duties

    Sec. 5. The small claims referee shall:

(1) conduct trials of small claims cases;

(2) for cases disposed of by trial, submit written findings of fact, conclusions of law, and recommendations for final judgments to the judge of the court; and

(3) for cases disposed of without trial, submit a written disposition report to the judge of the court.

[Pre-2004 Recodification Citation: 33-5-2.5-5.]

As added by P.L.98-2004, SEC.8.

 

IC 33-29-3-6Limiting power of court

    Sec. 6. The judge of the court may:

(1) limit any of the rights or powers of the small claims referee; and

(2) specifically determine the duties of the small claims referee within the limits established in this chapter.

[Pre-2004 Recodification Citation: 33-5-2.5-6.]

As added by P.L.98-2004, SEC.8.

 

IC 33-29-4Chapter 4. Division of Rooms in Superior Courts
           33-29-4-1Superior court divided into rooms
           33-29-4-2Room numbering

 

IC 33-29-4-1Superior court divided into rooms

    Sec. 1. In a county that has a superior court consisting of two (2) or more judges, the court shall be divided into rooms.

[Pre-2004 Recodification Citation: 33-5-3-1.]

As added by P.L.98-2004, SEC.8.

 

IC 33-29-4-2Room numbering

    Sec. 2. The rooms described in section 1 of this chapter shall be numbered consecutively, beginning with No. 1. The judges of the courts shall be nominated and elected by rooms. However, any one (1) judge may sit as judge in the other rooms of the court.

[Pre-2004 Recodification Citation: 33-5-3-1.]

As added by P.L.98-2004, SEC.8.

 

IC 33-29-5Chapter 5. Terms and Powers of Superior Courts
           33-29-5-1Application
           33-29-5-2Terms of court
           33-29-5-3General powers
           33-29-5-4Special powers
           33-29-5-5Change of venue; transfers to circuit court
           33-29-5-6Direct appeals to supreme court or court of appeals
           33-29-5-7Superior court judges; eligibility

 

IC 33-29-5-1Application

    Sec. 1. (a) Except as provided in subsection (b), terms and powers described in this chapter apply to superior courts except as otherwise provided in the particular statute creating the superior court for a particular county.

    (b) Section 7 of this chapter applies to all superior courts.

[Pre-2004 Recodification Citation: 33-5-3.5-1.]

As added by P.L.98-2004, SEC.8.

 

IC 33-29-5-2Terms of court

    Sec. 2. (a) If a superior court consists of more than one (1) judge, the court shall hold general and special terms.

    (b) A general term of the superior court may be held by a majority of the judges and a special term by any one (1) or more of the judges. General and special terms may be held at the same time, as the judges of the court may direct. If a general or special term is held, the terms shall be taken and considered to have been held by the authority and direction of the judges.

[Pre-2004 Recodification Citation: 33-5-3.5-2.]

As added by P.L.98-2004, SEC.8.

 

IC 33-29-5-3General powers

    Sec. 3. (a) The superior court, at general or special term, may do the following:

(1) Issue and direct all process to courts of inferior jurisdiction, and to corporations and individuals, which shall be necessary in exercising its jurisdiction, and for the regular execution of the law.

(2) Make all proper judgments, sentences, decrees, orders, and injunctions.

(3) Issue all process and executions.

(4) Do other acts necessary to carry into effect subdivisions (1) through (3) in conformity with the Constitution of the State of Indiana and laws of Indiana.

    (b) The court shall, at times as the business of the court may require, meet in general term, and may, at any time, make a distribution and redistribution of the business of the court to special term, as it considers proper.

    (c) Each judge holding court at special term shall transact the business assigned to the judge. However, the judge may call one (1) or more of the other judges of the court to sit with the judge in special term to consider any matter pending before the judge.

    (d) The court, at special term, may hear and dispose of business distributed to it by the general term. The court may, at special or general term:

(1) vacate or modify its own judgments or orders, rendered at either special or general term; and

(2) enter judgments by confession, as is vested by law in circuit courts.

[Pre-2004 Recodification Citation: 33-5-3.5-3.]

As added by P.L.98-2004, SEC.8.

 

IC 33-29-5-4Special powers

    Sec. 4. The judges of the superior court, individually or collectively, may do the following:

(1) Grant restraining orders and injunctions.

(2) Issue writs of habeas corpus, and of mandate and prohibition.

(3) Appoint receivers, master commissioners, and commissioners to convey real property.

(4) Grant commissions for the examination of witnesses.

(5) Appoint other officers necessary to facilitate and transact the business of the court as is conferred on judges of circuit courts.

[Pre-2004 Recodification Citation: 33-5-3.5-4.]

As added by P.L.98-2004, SEC.8.

 

IC 33-29-5-5Change of venue; transfers to circuit court

    Sec. 5. When any reason for a change of venue is shown to exist from any of the judges, the remaining judge or judges alone shall act. However, when all the judges are incompetent to act, the case shall be transferred to the circuit court of the county.

[Pre-2004 Recodification Citation: 33-5-3.5-5.]

As added by P.L.98-2004, SEC.8.

 

IC 33-29-5-6Direct appeals to supreme court or court of appeals

    Sec. 6. (a) In all cases where a person has the right of appeal from the circuit to the supreme court or court of appeals, an appeal may be taken directly to the supreme court or court of appeals from any order or judgment of the superior court.

    (b) Appeals described in subsection (a) are governed by the law regulating appeals from the circuit court to the supreme court or court of appeals.

    (c) Appeals from the special to the general term are abolished.

[Pre-2004 Recodification Citation: 33-5-3.5-6.]

As added by P.L.98-2004, SEC.8.

 

IC 33-29-5-7Superior court judges; eligibility

    Sec. 7. To be eligible to hold office as a judge of a superior court, a person must be a resident of the judicial circuit that the judge serves.

[Pre-2004 Recodification Citation: 33-5-3.5-7.]

As added by P.L.98-2004, SEC.8.

 

IC 33-29-6Chapter 6. Transfer of Action to Circuit Court
           33-29-6-1Superior court judge transfer motion
           33-29-6-2Transfers from circuit court to superior court; grounds
           33-29-6-3Transfers from superior court to circuit court; grounds
           33-29-6-4Transfers to special judge

 

IC 33-29-6-1Superior court judge transfer motion

    Sec. 1. In all counties that contain circuit and superior courts, the judge of the superior court may, upon the judge's own motion, transfer any case filed and docketed in the superior court to the circuit court to be redocketed and disposed of as if originally filed with the circuit court if:

(1) any reason for change of venue from the judge of the superior court is shown to exist as provided by law;

(2) more cases are filed in the superior court during any term of the superior court than can be disposed of with expedition; and

(3) in the opinion of the superior court, an early disposition of the case is required.

[Pre-2004 Recodification Citation: 33-5-4-1.]

As added by P.L.98-2004, SEC.8.

 

IC 33-29-6-2Transfers from circuit court to superior court; grounds

    Sec. 2. In all counties with circuit and superior courts, the judge of the circuit court may, with the consent of the judge of the superior court, transfer any action, cause, or proceedings filed and docketed in the circuit court to the superior court by transferring all original papers and instruments filed in the action, cause, or proceeding without further transcript to be redocketed and disposed of as if originally filed with the superior court, provided the action, cause, or proceeding could have been originally filed and docketed in the superior court, in any of the following instances:

(1) Whenever more cases are filed in the circuit court during any year than can be disposed of with expedition.

(2) In all other cases where, in the opinion of the circuit court judge, an early disposition of the case is required.

[Pre-2004 Recodification Citation: 33-5-4-2.]

As added by P.L.98-2004, SEC.8.

 

IC 33-29-6-3Transfers from superior court to circuit court; grounds

    Sec. 3. In all counties with circuit and superior courts, the judge of the superior court may, with the consent of the judge of the circuit court, transfer any action, cause, or proceedings filed and docketed in the superior court to the circuit court by transferring all original papers and instruments filed in the action, cause, or proceeding without further transcript to be redocketed and disposed of as if originally filed with the circuit court, in any of the following instances:

(1) Whenever more cases are filed in the superior court during any year than can be disposed of with expedition.

(2) In all other cases where, in the opinion of the superior court judge, an early disposition of the case is required.

[Pre-2004 Recodification Citation: 33-5-4-3.]

As added by P.L.98-2004, SEC.8.

 

IC 33-29-6-4Transfers to special judge

    Sec. 4. Whenever a special judge has been designated in any action, cause, or proceeding, and the special judge is the elected qualified and acting judge of a circuit, superior, or probate court in the county having jurisdiction of the subject matter of the action, cause, or proceeding, the regular judge of the court in which the action, cause, or proceeding is pending may, after the designation of a special judge, with the consent of the special judge, transfer the action, cause, or proceeding to the court presided over by the special judge by transferring all original papers and instruments filed in the action, cause, or proceeding, without further transcript to be redocketed and disposed of as if originally filed with the court to which the action, cause, or proceeding is transferred.

[Pre-2004 Recodification Citation: 33-5-4-4.]

As added by P.L.98-2004, SEC.8.

 

IC 33-30ARTICLE 30. REPEALED

[Pre-2004 Recodification Citations:

33-30-1-1         formerly 33-10.5-1-3

33-30-1-2         formerly 33-10.5-1-3

33-30-1-3         formerly 33-10.5-1-3

33-30-1-4         formerly 33-10.5-1-3

33-30-2-1         formerly 33-10.5-1-4

33-30-2-2         formerly 33-10.5-1-7

33-30-2-3         formerly 33-10.5-1-4

33-30-2-4         formerly 33-10.5-1-6

33-30-2-5         formerly 33-10.5-2-3

33-30-2-6         formerly 33-10.5-2-4

33-30-2-7         formerly 33-10.5-2-5

33-30-2-8         formerly 33-10.5-5-1

33-30-2-9         formerly 33-10.5-3-4

33-30-3-1         formerly 33-10.5-6-1

33-30-3-2         formerly 33-10.5-4-1

33-30-3-3         formerly 33-10.5-4-2

33-30-3-4         formerly 33-10.5-6-6

33-30-3-5         formerly 33-10.5-8-4

33-30-3-6         formerly 33-10.5-3-9

33-30-3-7         formerly 33-10.5-5-2

33-30-3-8         formerly 33-10.5-6-2

33-30-3-9         formerly 33-10.5-6-3

33-30-3-10       formerly 33-10.5-6-4

33-30-3-11       formerly 33-10.5-6-5

33-30-3-12       formerly 33-10.5-10-3

33-30-4-1         formerly 33-10.5-3-1

33-30-4-2         formerly 33-10.5-3-2

33-30-5-1         formerly 33-10.5-7-1

33-30-5-2         formerly 33-10.5-7-1

33-30-5-3         formerly 33-10.5-7-2

33-30-5-4         formerly 33-10.5-7-3

33-30-5-5         formerly 33-10.5-7-5

33-30-5-6         formerly 33-10.5-7-6

33-30-5-7         formerly 33-10.5-7-7

33-30-5-8         formerly 33-10.5-7-8

33-30-5-9         formerly 33-10.5-7-9

33-30-5-10       formerly 33-10.5-7-10

33-30-6-1         formerly 33-10.5-3-5

33-30-6-2         formerly 33-10.5-3-6

33-30-6-3         formerly 33-10.5-3-7

33-30-6-4         formerly 33-10.5-3-8

33-30-7-1         formerly 33-10.5-8-1

33-30-7-2         formerly 33-10.5-8-2

33-30-7-3         formerly 33-10.5-8-3

33-30-7-4         formerly 33-10.5-5-3.]

Repealed by P.L.201-2011, SEC.115.

 

IC 33-31ARTICLE 31. PROBATE COURTS
           Ch. 1.St. Joseph County Probate Court
           Ch. 2.Small Claims and Misdemeanor Division

 

IC 33-31-1Chapter 1. St. Joseph County Probate Court
           33-31-1-1Establishment of court
           33-31-1-2Court of record; seal
           33-31-1-3Judge; election; vacancies; appointment
           33-31-1-4Clerk; sheriff
           33-31-1-5Clerk and sheriff; duties and liability; application of laws
           33-31-1-6Sessions of court
           33-31-1-7Adjournment of court
           33-31-1-8Trial extending beyond term of court
           33-31-1-9Jurisdiction
           33-31-1-10Repealed
           33-31-1-11Judge acting as circuit court or superior court judge
           33-31-1-12Appointment of temporary judge
           33-31-1-13Compensation of judge pro tem
           33-31-1-14Process of court
           33-31-1-15Court of record; force and effect of judgment, orders, and proceedings
           33-31-1-16Judicial powers
           33-31-1-17Dockets; books and records
           33-31-1-18Power of judge same as circuit court
           33-31-1-19Appeals
           33-31-1-20Docket fees
           33-31-1-21Judge's salary
           33-31-1-22Appointment of clerk and other employees
           33-31-1-23Repealed
           33-31-1-24Magistrates

 

IC 33-31-1-1Establishment of court

     Sec. 1. There is established a probate court in St. Joseph County known as the St. Joseph Probate Court. The court shall be presided over by one (1) judge to be chosen as provided in this chapter.

[Pre-2004 Recodification Citation: 33-8-2-1.]

As added by P.L.98-2004, SEC.10.

 

IC 33-31-1-2Court of record; seal

     Sec. 2. The court:

(1) is a court of record; and

(2) shall have a seal and device, as the judge may choose, with the name of the county on its face. A description and impression of the seal and device shall be spread on the order book of the court.

[Pre-2004 Recodification Citation: 33-8-2-2.]

As added by P.L.98-2004, SEC.10.

 

IC 33-31-1-3Judge; election; vacancies; appointment

     Sec. 3. (a) The court consists of one (1) judge, to be elected by the legal voters of the county for a term of six (6) years:

(1) beginning on the first day of January following the election of the judge; and

(2) continuing until the successor of the judge is elected and qualified.

The election must occur at the time of the general election every six (6) years.

     (b) The judge shall be commissioned by the governor in the same manner as judges of the circuit court. Vacancies occurring in the office of judge of the probate court shall be filled by appointment by the governor, in the same manner as vacancies in the office of judge of the circuit court.

     (c) To be eligible to hold office as judge of the court, a person must be a resident of St. Joseph County.

[Pre-2004 Recodification Citation: 33-8-2-3.]

As added by P.L.98-2004, SEC.10.

 

IC 33-31-1-4Clerk; sheriff

     Sec. 4. The clerk of the circuit court and the sheriff of the county where the court is organized shall be the clerk and sheriff of the probate court. The clerk and the sheriff are each entitled to fees for their services as are allowed in the circuit court for similar services.

[Pre-2004 Recodification Citation: 33-8-2-4.]

As added by P.L.98-2004, SEC.10.

 

IC 33-31-1-5Clerk and sheriff; duties and liability; application of laws

     Sec. 5. (a) The sheriff shall attend the court. The clerk and the sheriff shall discharge all the duties pertaining to their respective offices required by law in the circuit court.

     (b) All laws:

(1) prescribing the duties and liability of the officers;

(2) prescribing the mode of proceeding against either or both of the officers for any neglect of official duty; and

(3) allowing fees and providing for the collection of the fees;

in the circuit court, extend to the probate court, as applicable.

[Pre-2004 Recodification Citation: 33-8-2-5.]

As added by P.L.98-2004, SEC.10. Amended by P.L.78-2014, SEC.5.

 

IC 33-31-1-6Sessions of court

     Sec. 6. The probate court shall hold sessions at the courthouse of the county, or at any other convenient place as the court designates in the county. The county commissioners shall provide suitable quarters for the sessions.

[Pre-2004 Recodification Citation: 33-8-2-6.]

As added by P.L.98-2004, SEC.10.

 

IC 33-31-1-7Adjournment of court

     Sec. 7. The judge of the court may adjourn the same on any day previous to the expiration of the time for which it may be held, and also from any one (1) day in the term over to any other day in the same term, if in the opinion of the judge, the business of the court will allow.

[Pre-2004 Recodification Citation: 33-8-2-7.]

As added by P.L.98-2004, SEC.10.

 

IC 33-31-1-8Trial extending beyond term of court

     Sec. 8. When a trial is begun and in progress at the time when by law, the term of the court would expire, the term shall be extended until the close of the trial.

[Pre-2004 Recodification Citation: 33-8-2-8.]

As added by P.L.98-2004, SEC.10.

 

IC 33-31-1-9Jurisdiction

     Sec. 9. All probate courts have:

(1) original and concurrent jurisdiction in all civil cases and in all criminal cases;

(2) de novo appellate jurisdiction of appeals from city and town courts; and

(3) in Marion County, de novo appellate jurisdiction of appeals from township small claims courts established under IC 33-34.

[Pre-2004 Recodification Citations: 33-8-2-9; 33-8-2-10.]

As added by P.L.98-2004, SEC.10. Amended by P.L.201-2011, SEC.28.

 

IC 33-31-1-10Repealed

[Pre-2004 Recodification Citation: 33-8-2-11.]

As added by P.L.98-2004, SEC.10. Repealed by P.L.201-2011, SEC.115.

 

IC 33-31-1-11Judge acting as circuit court or superior court judge

     Sec. 11. A judge of the probate court may act as judge of any circuit court or superior court upon the trial of any cause or proceeding, when:

(1) the judge of the circuit or superior court may be incompetent to try the cause; or

(2) a change of venue is granted for objection to the judge.

[Pre-2004 Recodification Citation: 33-8-2-12.]

As added by P.L.98-2004, SEC.10.

 

IC 33-31-1-12Appointment of temporary judge

     Sec. 12. (a) If the judge of the probate court is unable to attend and preside at any term of the court, or during any part of a term, the judge may appoint, in writing, an attorney eligible to the office of the judge, at the term or part of the term.

     (b) A written appointment shall be entered of record in the court.

     (c) If the appointee is not a judge of a court of record, the appointee shall take the same oath required by law of judges of the probate court.

     (d) The appointee has the same power and authority during the continuance of the appointment of the judge as a regularly elected judge of the court.

[Pre-2004 Recodification Citation: 33-8-2-13.]

As added by P.L.98-2004, SEC.10.

 

IC 33-31-1-13Compensation of judge pro tem

     Sec. 13. (a) When a person is appointed judge pro tem under this chapter, the appointee is entitled to ten dollars ($10) for each day the appointee serves as the judge to be paid:

(1) out of the county treasury of the county where the probate court is held;

(2) upon the warrant of the county auditor; and

(3) based upon the filing of a claim approved by the judge of the court.

     (b) Any amount more than five hundred dollars ($500) allowed to a judge pro tem during any year shall be deducted by the board of county commissioners from the regular annual salary of the judge of the probate court making the appointment unless the judge pro tem is appointed on account of change of venue, relationship, interest as former counsel, or absence of judge in case of serious sickness of the judge or a family member of the judge.

[Pre-2004 Recodification Citation: 33-8-2-14.]

As added by P.L.98-2004, SEC.10.

 

IC 33-31-1-14Process of court

     Sec. 14. The process of the court must:

(1) have the seal affixed;

(2) be attested, directed, served, and returned; and

(3) be in form as is or may be provided for process issuing from the circuit court.

[Pre-2004 Recodification Citation: 33-8-2-15.]

As added by P.L.98-2004, SEC.10.

 

IC 33-31-1-15Court of record; force and effect of judgment, orders, and proceedings

     Sec. 15. (a) The probate court is a court of record and of general jurisdiction.

     (b) The court's judgments, decrees, orders, and proceedings:

(1) have the same force and effect as those of the circuit court; and

(2) shall be enforced in the same manner.

[Pre-2004 Recodification Citation: 33-8-2-16.]

As added by P.L.98-2004, SEC.10.

 

IC 33-31-1-16Judicial powers

     Sec. 16. (a) The judge of the court:

(1) may make and adopt rules and regulations for conducting the business of the court, not repugnant to Indiana law; and

(2) has all the power incident to a court of record and of general original jurisdiction, in relation to the attendance of witnesses, the punishment of contempts, and enforcing its orders.

     (b) The judge of the court may:

(1) administer oaths;

(2) take and certify acknowledgments of deeds; and

(3) give all necessary certificates for the authentication of the records and proceedings in the court.

[Pre-2004 Recodification Citation: 33-8-2-17.]

As added by P.L.98-2004, SEC.10.

 

IC 33-31-1-17Dockets; books and records

     Sec. 17. Under the direction of the judge, the clerk shall provide for court order books, judgment dockets, execution dockets, fee books, and other books, records, and supplies as may be necessary. All books, papers, and proceedings of the court shall be kept distinct and separate from those of other courts.

[Pre-2004 Recodification Citation: 33-8-2-18.]

As added by P.L.98-2004, SEC.10.

 

IC 33-31-1-18Power of judge same as circuit court

     Sec. 18. The judge of the court has the same power as the judge of the circuit court of the county to:

(1) grant restraining orders and injunctions;

(2) issue writs of habeas corpus, and of mandate and prohibition; and

(3) appoint receivers, master commissioners for the examination of witnesses, and other officers necessary to facilitate and transact the business of the court.

[Pre-2004 Recodification Citation: 33-8-2-19.]

As added by P.L.98-2004, SEC.10.

 

IC 33-31-1-19Appeals

     Sec. 19. A party may appeal to the supreme court or the court of appeals from the order or judgment of the probate court in any case in which an appeal may be had from an order or judgment of the circuit court. The appeal shall be regulated by the law regulating appeals from the circuit court to the court of appeals and the supreme court, so far as applicable. An appeal may also be taken to the court of appeals and the supreme court in the same manner and in like cases as from circuit courts.

[Pre-2004 Recodification Citation: 33-8-2-20.]

As added by P.L.98-2004, SEC.10.

 

IC 33-31-1-20Docket fees

     Sec. 20. (a) The same docket fees shall be taxed in the court as are provided by law to be taxed in the circuit court.

     (b) The fees, when collected, shall be paid by the clerk to the treasurer of the county to be applied in reimbursing the county for expenses of the court.

[Pre-2004 Recodification Citation: 33-8-2-21.]

As added by P.L.98-2004, SEC.10.

 

IC 33-31-1-21Judge's salary

     Sec. 21. (a) The salary of the judge of the probate court shall be the same as that of the judge of the circuit court of the county. The salary of the judge and the compensation of a judge pro tempore shall be paid in the same manner and from the same sources as the judge of the circuit court or judges pro tempore of the court.

     (b) A full-time judge of a probate court may not be paid compensation for serving as a special judge, except for reasonable expenses for meals, lodging, travel, and other incidental expenses approved by the executive director of the division of state court administration.

[Pre-2004 Recodification Citation: 33-8-2-22.]

As added by P.L.98-2004, SEC.10.

 

IC 33-31-1-22Appointment of clerk and other employees

     Sec. 22. The probate court may appoint a chief clerk and other employees as the judge considers necessary whose salaries shall be fixed by the judge and be paid out of the county treasury.

[Pre-2004 Recodification Citation: 33-8-2-23.]

As added by P.L.98-2004, SEC.10.

 

IC 33-31-1-23Repealed

[Pre-2004 Recodification Citation: 33-8-2-24.]

As added by P.L.98-2004, SEC.10. Repealed by P.L.201-2011, SEC.115.

 

IC 33-31-1-24Magistrates

     Sec. 24. The judge of the St. Joseph probate court may appoint three (3) full-time magistrates under IC 33-23-5. The magistrates continue in office until removed by the judge.

[Pre-2004 Recodification Citation: 33-8-2-25.]

As added by P.L.98-2004, SEC.10. Amended by P.L.127-2008, SEC.8; P.L.201-2011, SEC.29.

 

IC 33-31-2Chapter 2. Small Claims and Misdemeanor Division
           33-31-2-1Application
           33-31-2-2Dockets
           33-31-2-3Small claims docket; jurisdiction
           33-31-2-4Exceptions to formal practice and procedure
           33-31-2-5Change of venue
           33-31-2-6Trial by jury
           33-31-2-7Minor offenses and violations docket; jurisdiction
           33-31-2-8Court sessions
           33-31-2-9Division of state court administration requests

 

IC 33-31-2-1Application

     Sec. 1. This chapter applies to each probate court that has a standard small claims and misdemeanor division.

As added by P.L.201-2011, SEC.30.

 

IC 33-31-2-2Dockets

     Sec. 2. The small claims and misdemeanor division of the court has the following dockets:

(1) A small claims docket.

(2) A minor offenses and violations docket.

As added by P.L.201-2011, SEC.30.

 

IC 33-31-2-3Small claims docket; jurisdiction

     Sec. 3. The small claims docket has jurisdiction over the following:

(1) Civil actions in which the amount sought or value of the property sought to be recovered is not more than six thousand dollars ($6,000). The plaintiff in a statement of claim or the defendant in a counterclaim may waive the excess of any claim that exceeds six thousand dollars ($6,000) in order to bring it within the jurisdiction of the small claims docket.

(2) Possessory actions between landlord and tenant in which the rent due at the time the action is filed does not exceed six thousand dollars ($6,000).

(3) Emergency possessory actions between a landlord and tenant under IC 32-31-6.

As added by P.L.201-2011, SEC.30.

 

IC 33-31-2-4Exceptions to formal practice and procedure

     Sec. 4. (a) The exceptions provided in this section to formal practice and procedure apply to all cases on the small claims docket.

     (b) A defendant is considered to have complied with the statute and rule requiring the filing of an answer upon entering an appearance personally or by attorney. The appearance constitutes a general denial and preserves all defenses and compulsory counterclaims, which may then be presented at the trial of the case.

     (c) If, at the trial of the case, the court determines:

(1) that the complaint is so vague or ambiguous that the defendant was unable to determine the nature of the plaintiff's claim; or

(2) that the plaintiff is surprised by a defense or compulsory counterclaim raised by the defendant that the plaintiff could not reasonably have anticipated;

the court shall grant a continuance.

     (d) The trial shall be conducted informally, with the objective of dispensing speedy justice between the parties according to the rules of substantive law. The trial is not bound by the statutes or rules governing practice, procedure, pleadings, or evidence except for provisions relating to privileged communications and offers of compromise.

As added by P.L.201-2011, SEC.30.

 

IC 33-31-2-5Change of venue

     Sec. 5. There is no change of venue from the county as of right in cases on the small claims docket. However, a change of venue from the judge shall be granted as provided by statute and by rules of the supreme court.

As added by P.L.201-2011, SEC.30.

 

IC 33-31-2-6Trial by jury

     Sec. 6. (a) The filing of a claim on the small claims docket is considered a waiver of trial by jury.

     (b) The defendant may, not later than ten (10) days following service of the complaint in a small claims case, demand a trial by jury by filing an affidavit that:

(1) states that there are questions of fact requiring a trial by jury;

(2) specifies those questions of fact; and

(3) states that the demand is in good faith.

     (c) Notice of the defendant's right to a jury trial, and the ten (10) day period in which to file for a jury trial, must be clearly stated on the notice of claim or on an additional sheet to be served with the notice of claim on the defendant.

     (d) Upon the deposit of seventy dollars ($70) in the small claims docket by the defendant, the court shall transfer the claim to the plenary docket. Upon transfer, the claim then loses its status as a small claim.

As added by P.L.201-2011, SEC.30.

 

IC 33-31-2-7Minor offenses and violations docket; jurisdiction

     Sec. 7. (a) The minor offenses and violations docket has jurisdiction over the following:

(1) All Level 6 felony cases.

(2) All misdemeanor cases.

(3) All infraction cases.

(4) All ordinance violation cases.

     (b) The court shall establish a traffic violations bureau in the manner prescribed by IC 34-28-5-7 through IC 34-28-5-9.

As added by P.L.201-2011, SEC.30. Amended by P.L.158-2013, SEC.339.

 

IC 33-31-2-8Court sessions

     Sec. 8. (a) The court shall provide by rule for an evening session to be held once each week.

     (b) The court shall hold additional sessions in the evening and on holidays as necessary to ensure the just, speedy, and inexpensive determination of every action.

As added by P.L.201-2011, SEC.30.

 

IC 33-31-2-9Division of state court administration requests

     Sec. 9. The court shall comply with all requests made under IC 33-24-6-3 by the executive director of the division of state court administration concerning the small claims and misdemeanor division.

As added by P.L.201-2011, SEC.30.

 

IC 33-32ARTICLE 32. CIRCUIT COURT CLERKS
           Ch. 1.Definitions
           Ch. 2.General Powers and Duties
           Ch. 3.Record Keeping Duties
           Ch. 4.Child Support Payments
           Ch. 5.Marriage Licenses and Distress Sales

 

IC 33-32-1Chapter 1. Definitions
           33-32-1-1"Clerk" defined

 

IC 33-32-1-1"Clerk" defined

    Sec. 1. As used in this article, "clerk" means a clerk of the circuit court elected and qualified under Article 6, Sections 2 and 4 of the Constitution of the State of Indiana.

[Pre-2004 Recodification Citation: 33-17-1-1.]

As added by P.L.98-2004, SEC.11.

 

IC 33-32-2Chapter 2. General Powers and Duties
           33-32-2-1Clerks in counties with multiple courts
           33-32-2-2Election; term
           33-32-2-3Bond
           33-32-2-4Clerk's office
           33-32-2-5Administering of oaths
           33-32-2-6Duties concerning elections
           33-32-2-7Table of fees
           33-32-2-8Purchase of judgment, decree, or allowance prohibited
           33-32-2-9Required training courses
           33-32-2-9.2Personal liability of clerk
           33-32-2-10Required mailings
           33-32-2-10Use of registered or certified mail

 

IC 33-32-2-1Clerks in counties with multiple courts

     Sec. 1. In a county having one (1) or more superior courts or a county, municipal, or probate court, the clerk shall serve as clerk of the superior, county, and probate court as well as clerk of the circuit court.

[Pre-2004 Recodification Citation: 33-17-1-1.]

As added by P.L.98-2004, SEC.11.

 

IC 33-32-2-2Election; term

     Sec. 2. A clerk of the circuit court shall be elected under IC 3-10-2-13 by the voters of each county. The term of office of a clerk is four (4) years, continuing until a successor is elected and qualified.

[Pre-2004 Recodification Citation: 33-17-1-2.]

As added by P.L.98-2004, SEC.11.

 

IC 33-32-2-3Bond

     Sec. 3. In the manner prescribed by IC 5-4-1, the clerk of each county shall execute a bond conditioned upon:

(1) the faithful discharge of the duties of the clerk's office; and

(2) the proper payment of all money received by the office of the clerk.

[Pre-2004 Recodification Citation: 33-17-1-3.]

As added by P.L.98-2004, SEC.11.

 

IC 33-32-2-4Clerk's office

     Sec. 4. (a) The board of county commissioners shall provide the clerk with an office at the county seat in a building provided for that purpose.

     (b) The clerk shall keep the office open on every day of the year except on Sundays and legal holidays. However, the clerk:

(1) shall keep the office of the clerk open on those days and times necessary for the proper administration of the election statutes; and

(2) may close the office on those days that the judge of the circuit court orders the court closed in accordance with the custom and practice of the county.

     (c) Any legal action required to be taken in the office of the clerk during the time the office is closed under this section may be taken on the next following day the office is open.

[Pre-2004 Recodification Citation: 33-17-1-5.]

As added by P.L.98-2004, SEC.11.

 

IC 33-32-2-5Administering of oaths

     Sec. 5. A clerk may administer all oaths.

[Pre-2004 Recodification Citation: 33-17-1-7.]

As added by P.L.98-2004, SEC.11.

 

IC 33-32-2-6Duties concerning elections

     Sec. 6. A clerk shall carry out the duties prescribed for a clerk in IC 3 concerning elections.

[Pre-2004 Recodification Citation: 33-17-1-8.]

As added by P.L.98-2004, SEC.11.

 

IC 33-32-2-7Table of fees

     Sec. 7. A clerk shall post in a conspicuous place in the clerk's office a table of the clerk's fees. If a clerk fails to post a table of fees, a clerk may not demand or receive fees for services rendered.

[Pre-2004 Recodification Citation: 33-17-1-6.]

As added by P.L.98-2004, SEC.11.

 

IC 33-32-2-8Purchase of judgment, decree, or allowance prohibited

     Sec. 8. The clerk may not become the purchaser of any judgment, decree, or allowance of any court of which the clerk is an officer. All these purchases are void as to the purchaser.

[Pre-2004 Recodification Citation: 33-17-1-9.]

As added by P.L.98-2004, SEC.11.

 

IC 33-32-2-9Required training courses

     Sec. 9. (a) As used in this section, "training courses" refers to training courses related to the office of circuit court clerk that are compiled or developed by the Association of Indiana Counties and approved by the state board of accounts.

     (b) An individual elected to the office of circuit court clerk after November 2, 2010, shall complete at least:

(1) fifteen (15) hours of training courses within one (1) year; and

(2) forty (40) hours of training courses within three (3) years;

after the individual is elected to the office of circuit court clerk.

     (c) A training course that an individual completes:

(1) after being elected to the office of circuit court clerk; and

(2) before the individual begins serving in the office of circuit court clerk;

shall be counted toward the requirements under subsection (b).

     (d) An individual shall fulfill the training requirements established by subsection (b) for each term to which the individual is elected as circuit court clerk.

     (e) This subsection applies only to an individual appointed to fill a vacancy in the office of circuit court clerk. An individual described in this subsection may, but is not required to, take training courses required by subsection (b). If an individual described in this subsection takes a training course required by subsection (b) for an elected circuit court clerk, the county shall pay for the training course as if the individual had been an elected circuit court clerk.

As added by P.L.45-2010, SEC.1. Amended by P.L.279-2013, SEC.1.

 

IC 33-32-2-9.2Personal liability of clerk

     Sec. 9.2. (a) A clerk is not personally liable for any act or omission occurring in connection with the performance of the clerk's official duties, unless the act or omission constitutes gross negligence or an intentional disregard of the responsibilities of the office of clerk.

     (b) The fact that a clerk is not personally liable under subsection (a) does not preclude an action against the clerk's bond based on an error or omission committed by the clerk.

As added by P.L.60-2010, SEC.2.

 

IC 33-32-2-10Required mailings

     Note: This version of section amended by P.L.41-2015, SEC.1. See also following version of this section amended by P.L.191-2015, SEC.11.

     Sec. 10. (a) The following definitions apply throughout this section:

(1) "Initial mailing" means the service of a complaint, pleading, or similar document on a party upon the commencement of an action. The term does not include any subsequent service, including subsequent service on a party who could have been or should have been served at the commencement of the action.

(2) "Registered or certified mail" includes any means of delivery that provides a return receipt.

     (b) This section applies whenever the clerk is required to send by registered or certified mail a document filed with a court.

     (c) The initial mailing of the document by registered or certified mail sent:

(1) to not more than two (2) parties who are required to receive the mailing; and

(2) to only one (1) of the party's addresses;

shall be paid out of court costs and fees collected under IC 33-37.

     (d) If a person requests the clerk to send a mailing by registered or certified mail after the initial mailing described in subsection (c) or to an additional person or party beyond the two (2) parties described in subsection (c), the person shall provide the clerk with the following:

(1) An envelope with sufficient postage affixed, addressed to the recipient with the address of the clerk's office as the return address.

(2) The United States Postal Service or other forms for registered or certified mail. If return receipt is requested, the forms must be completed so that the clerk's office receives the return receipt.

(3) The United States Postal Service or other fee for the appropriate service by registered or certified mail and return receipt, if requested.

The clerk may not collect any additional fee for sending a mailing.

     (e) In a county where court postage costs are paid by the clerk's office, the amount collected by the clerk for additional mailings by registered or certified mail shall be deposited into the clerk's record perpetuation fund established under IC 33-37-5-2. In a county where court postage costs are paid out of the county general fund, the amount collected by the clerk for additional mailings by registered or certified mail shall be returned to the county general fund.

As added by P.L.78-2014, SEC.6. Amended by P.L.41-2015, SEC.1.

 

IC 33-32-2-10Use of registered or certified mail

     Note: This version of section amended by P.L.191-2015, SEC.11. See also preceding version of this section amended by P.L.41-2015, SEC.1.

     Sec. 10. (a) This section applies whenever the clerk is required to send by registered or certified mail a document filed with a court.

     (b) The initial mailing of the document by registered or certified mail sent:

(1) to each party who is required to receive the mailing; and

(2) to only one (1) of the party's addresses;

shall be paid out of court costs and fees collected under IC 33-37.

     (c) If a person requests the clerk to send any mailing by registered or certified mail after the initial mailing described in subsection (b), the person shall provide the clerk with the following:

(1) An envelope with sufficient postage affixed, addressed to the recipient with the address of the clerk's office as the return address.

(2) The United States Postal Service forms for registered or certified mail. If return receipt is requested, the forms must be completed so that the clerk's office receives the return receipt.

(3) The United States Postal Service fee for the appropriate service by registered or certified mail and return receipt, if requested.

The clerk may not collect any additional fee for sending a mailing.

As added by P.L.78-2014, SEC.6. Amended by P.L.191-2015, SEC.11.

 

IC 33-32-3Chapter 3. Record Keeping Duties
           33-32-3-1Duties
           33-32-3-2Judgment dockets
           33-32-3-3Circuit court judgment docket; public record
           33-32-3-4Entering judgments and releases
           33-32-3-5Execution docket
           33-32-3-6Monthly reports; certified copies; forms
           33-32-3-7Register of fees
           33-32-3-8Delivery of records, books, and papers to successor
           33-32-3-9Appropriation for blank books and stationery

 

IC 33-32-3-1Duties

     Sec. 1. (a) The clerk shall endorse the time of filing on each writing required to be filed in the office of the clerk.

     (b) The clerk shall carefully preserve in the office of the clerk all records and writings pertaining to the clerk's official duties.

     (c) The clerk shall procure, at the expense of the county, all necessary judges' appearance, bar, judgment, and execution dockets, order books, and final record books.

     (d) The clerk shall enter in proper record books all orders, judgments, and decrees of the court.

     (e) Not more than fifteen (15) days after the cases are finally determined, the clerk shall enter in final record books a complete record of:

(1) all cases involving the title to land;

(2) all criminal cases in which the punishment is death or imprisonment, except where a nolle prosequi is entered or an acquittal is had; and

(3) all other cases, at the request of either party and upon payment of the costs.

[Pre-2004 Recodification Citation: 33-17-2-1.]

As added by P.L.98-2004, SEC.11. Amended by P.L.78-2014, SEC.7.

 

IC 33-32-3-2Judgment dockets

     Sec. 2. (a) The clerk:

(1) shall keep:

(A) a circuit court judgment docket; and

(B) a judgment docket for each court served by the clerk under IC 33-32-2-1; and

(2) is the official keeper of:

(A) the circuit court judgment docket; and

(B) the judgment docket for each court served by the clerk under IC 33-32-2-1.

     (b) A judgment docket described in subsection (a):

(1) must contain:

(A) all civil judgments in which one (1) party owes money to another party, including any court costs awarded to a judgment creditor; and

(B) any entry that is required by a statute; and

(2) may not include:

(A) judgments in which money is owed by a person to a state, a county, or another governmental entity as a result of:

(i) a criminal conviction; or

(ii) a violation of an infraction or ordinance; or

(B) judgments in which the state, a county, or another governmental entity is the sole creditor, except for:

(i) cases in which the state obtains a judgment for unpaid taxes; or

(ii) any entry that is required by statute.

     (c) The clerk may keep a judgment docket in:

(1) an electronic format;

(2) a paper format; or

(3) both an electronic and a paper format.

     (d) Upon the filing in the office of the clerk a statement or transcript of any judgment for the recovery of money or costs, the clerk shall enter, and index in alphabetical order, in this judgment docket a statement of the judgment showing the following:

(1) The names of all the parties.

(2) The name of the court.

(3) The number of the cause.

(4) The book and page of the record in which the judgment is recorded.

(5) The date the judgment is entered and indexed.

(6) The date of the rendition of judgment.

(7) The amount of the judgment and the amount of costs.

     (e) If a judgment is against several persons, the statement required to be entered under subsection (d) shall be repeated under the name of each judgment debtor in alphabetical order.

     (f) A person interested in any judgment for money or costs that has been rendered by any state court, or by any federal court of general original jurisdiction sitting in Indiana, may have the judgment entered upon the circuit court judgment docket by filing with the clerk:

(1) a verified statement setting forth the facts required under subsection (d); or

(2) a verified copy of the judgment certified under the seal of the court that rendered the judgment.

     (g) The judgment docket shall be made available for public inspection at the office of the clerk during regular office hours. If a judgment docket is kept in an electronic format:

(1) the judgment docket must be searchable; and

(2) a member of the public must be able to:

(A) search the judgment docket for the name of a specific party; and

(B) obtain a list of all judgments in the judgment docket concerning the party.

     (h) If the wages of a judgment debtor are being garnished, a clerk is not required to notify the employer of the judgment debtor to suspend the garnishment after the judgment is satisfied. A request to suspend the garnishment must be submitted by the judgment debtor to the court that rendered the judgment. The clerk is not required to take any action under this subsection concerning a garnishment other than to obey the orders of the court that rendered the judgment.

[Pre-2004 Recodification Citation: 33-17-2-3.]

As added by P.L.98-2004, SEC.11. Amended by P.L.78-2014, SEC.8; P.L.55-2015, SEC.1.

 

IC 33-32-3-3Circuit court judgment docket; public record

     Sec. 3. The circuit court judgment docket is a public record that is open during the usual hours of transacting business for examination by any person.

[Pre-2004 Recodification Citation: 33-17-2-4.]

As added by P.L.98-2004, SEC.11.

 

IC 33-32-3-4Entering judgments and releases

     Sec. 4. A clerk shall:

(1) enter a judgment or recognizance not more than fifteen (15) days after its rendition; or

(2) cause a release of judgment to be entered on the judgment docket not more than fifteen (15) days after satisfaction of the judgment.

[Pre-2004 Recodification Citation: 33-17-2-5.]

As added by P.L.98-2004, SEC.11.

 

IC 33-32-3-5Execution docket

     Sec. 5. (a) The clerk shall keep an execution docket.

     (b) The clerk shall enter all executions on the execution docket as they are issued by the clerk, specifying in proper columns the following information:

(1) The names of the parties.

(2) The amount of the judgment and the interest due upon the issuing of the execution.

(3) The costs.

The clerk shall also prepare an additional column in which the clerk shall enter the return of the sheriff.

     (c) The execution docket entries may be inspected and copied under IC 5-14-3-3.

     (d) The clerk may keep an execution docket:

(1) in hard copy form; or

(2) in electronic form, if all information in the execution docket is available to the public to inspect or copy in the electronic form.

[Pre-2004 Recodification Citation: 33-17-2-6.]

As added by P.L.98-2004, SEC.11. Amended by P.L.78-2014, SEC.9.

 

IC 33-32-3-6Monthly reports; certified copies; forms

     Sec. 6. (a) Before the twenty-fifth day of each month, the clerk shall prepare a report showing as of the close of business on the last day of the preceding month the following information:

(1) The balance, if any, of fees payable to the county.

(2) Fees collected for fish and game licenses.

(3) Trust funds held, including payments collected for support.

(4) The total of the balances of all fees and funds.

(5) The record balance of money in each depository at the end of the month.

(6) The cash in the office at the close of the last day of the month.

(7) Any other items for which the clerk of the circuit court is entitled to credit.

(8) The total amount of cash in each depository at the close of business on the last day of the month.

(9) The total of checks issued against each depository that are outstanding at the end of the month and unpaid by the depositories.

     (b) The clerk shall:

(1) retain one (1) copy as a public record of the clerk's office; and

(2) file three (3) copies with the county auditor, who shall:

(A) present one (1) copy to the board of commissioners of the county at its next regular meeting; and

(B) transmit one (1) copy to the state board of accounts.

Each copy of the report must be verified by the certification of the clerk. The clerk shall file the original with the county auditor, who shall file it with the records of the county board of finance.

     (c) The state board of accounts shall prescribe forms for the clerk's monthly reports.

[Pre-2004 Recodification Citation: 33-17-2-8.]

As added by P.L.98-2004, SEC.11.

 

IC 33-32-3-7Register of fees

     Sec. 7. (a) The clerk shall keep a register of witness fees and other court fees.

     (b) When the clerk receives money in payment of court fees or fees for a witness or any other person, the clerk shall make an entry into the register recording the receipt of the payment.

     (c) The register must contain the following information:

(1) The names, in alphabetical order, of persons for whom payment has been received.

(2) The cause for which the fee is paid.

(3) In which fee book and on which page the fee is taxed.

(4) The amount paid.

(5) When the fee was paid in and when it was paid out.

     (d) The register must be available for inspection at all times. The clerk may keep the register:

(1) in hard copy form, in a conspicuous place in the clerk's office; or

(2) in electronic form, if all information in the register is available to the public to inspect or copy in the electronic form.

[Pre-2004 Recodification Citation: 33-17-2-9.]

As added by P.L.98-2004, SEC.11. Amended by P.L.78-2014, SEC.10.

 

IC 33-32-3-8Delivery of records, books, and papers to successor

     Sec. 8. At the end of the clerk's term, the clerk shall deliver to the clerk's successor all the records, books, and papers belonging to the clerk's office.

[Pre-2004 Recodification Citation: 33-17-2-11.]

As added by P.L.98-2004, SEC.11.

 

IC 33-32-3-9Appropriation for blank books and stationery

     Sec. 9. The county council shall appropriate reasonable sums to the clerk for necessary blank books and stationery.

[Pre-2004 Recodification Citation: 33-17-2-2.]

As added by P.L.98-2004, SEC.11.

 

IC 33-32-4Chapter 4. Child Support Payments
           33-32-4-1"Electronic funds transfer" defined
           33-32-4-2"Indiana support enforcement tracking system (ISETS)"
           33-32-4-2.5ISETS is the official record of child support payments
           33-32-4-3Receipt of funds
           33-32-4-4Clerk's liability
           33-32-4-5State central collection unit and clerk not liable
           33-32-4-6Improper disbursement of funds
           33-32-4-7Reimbursement
           33-32-4-8Dishonored checks
           33-32-4-9Repealed

 

IC 33-32-4-1"Electronic funds transfer" defined

     Sec. 1. As used in this chapter, "electronic funds transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, that is initiated through an electronic terminal, a telephone, or a computer or magnetic tape for the purpose of ordering, instructing, or authorizing a financial institution to debit or credit an account.

[Pre-2004 Recodification Citation: 33-17-1-4.1.]

As added by P.L.98-2004, SEC.11.

 

IC 33-32-4-2"Indiana support enforcement tracking system (ISETS)"

     Sec. 2. (a) As used in this chapter, "Indiana support enforcement tracking system (ISETS)" refers to the statewide automated system for the collection, disbursement, and distribution of child support payments established by the department of child services.

     (b) As used in this chapter, "successor statewide automated support enforcement system" means a statewide automated system for the collection, disbursement, and distribution of child support payments established by the department of child services.

[Pre-2004 Recodification Citation: 33-17-1-4.]

As added by P.L.98-2004, SEC.11. Amended by P.L.145-2006, SEC.365; P.L.128-2012, SEC.177.

 

IC 33-32-4-2.5ISETS is the official record of child support payments

     Sec. 2.5. The Indiana support enforcement tracking system (ISETS) or the successor statewide automated support enforcement system is the official record of the collection, disbursement, and distribution of child support payments as required under 42 U.S.C. 654.

As added by P.L.128-2012, SEC.178.

 

IC 33-32-4-3Receipt of funds

     Sec. 3. The clerk may receive funds:

(1) in payment of judgments; and

(2) ordered to be paid into the court by the judge.

[Pre-2004 Recodification Citation: 33-17-1-4.]

As added by P.L.98-2004, SEC.11.

 

IC 33-32-4-4Clerk's liability

     Sec. 4. Except as provided in sections 5 and 8 of this chapter, the clerk is liable, with the clerk's sureties, on the clerk's official bond for all funds received to any person who is entitled to demand and receive those funds from the clerk.

[Pre-2004 Recodification Citation: 33-17-1-4.]

As added by P.L.98-2004, SEC.11.

 

IC 33-32-4-5State central collection unit and clerk not liable

     Sec. 5. The state central collection unit is not liable and the clerk is not personally liable or liable in the clerk's official capacity on the clerk's official bond for funds received if the state central collection unit or the clerk:

(1) through error or in accordance with the best information available to the state central collection unit or the clerk, disbursed the funds to a person the state central collection unit or the clerk reasonably believed to be entitled to receive the funds and to comply with a:

(A) child support order; or

(B) garnishment order;

(2) inappropriately disbursed or misapplied child support funds, arising without the knowledge or approval of the state central collection unit or the clerk, that resulted from:

(A) an action by an employee of, or a consultant to, the department of child services or the Title IV-D agency;

(B) an ISETS or the successor statewide automated support enforcement system technological error; or

(C) information generated by ISETS or the successor statewide automated support enforcement system;

(3) disbursed funds that the state central collection unit or the clerk reasonably believed were available for disbursement but that were not actually available for disbursement;

(4) disbursed child support funds paid to the central collection unit by a personal check that was later dishonored by a financial institution; and

(5) did not commit a criminal offense as a part of the disbursement.

[Pre-2004 Recodification Citation: 33-17-1-4.]

As added by P.L.98-2004, SEC.11. Amended by P.L.145-2006, SEC.366; P.L.148-2006, SEC.31; P.L.128-2012, SEC.179.

 

IC 33-32-4-6Improper disbursement of funds

     Sec. 6. If the state central collection unit or the clerk improperly disburses funds in the manner described by section 5 of this chapter, the state central collection unit or the clerk shall do the following:

(1) Deduct the amount of funds improperly disbursed from fees collected under IC 33-37-5-6.

(2) Credit each account from which funds were improperly disbursed with the amount of funds improperly disbursed under section 5 of this chapter.

(3) Notify the prosecuting attorney of the county of:

(A) the amount of the improper disbursement;

(B) the person from whom the amount of the improper disbursement should be collected; and

(C) any other information to assist the prosecuting attorney to collect the amount of the improper disbursement.

(4) Record each action taken under this subsection on a form prescribed by the state board of accounts.

[Pre-2004 Recodification Citation: 33-17-1-4.]

As added by P.L.98-2004, SEC.11. Amended by P.L.148-2006, SEC.32.

 

IC 33-32-4-7Reimbursement

     Sec. 7. If:

(1) fees collected under IC 33-37-5-6 are credited to an account under section 6(2) of this chapter because a check or money order was dishonored by a financial institution or was the subject of a stop payment order; and

(2) a person subsequently pays to the clerk all or part of the amount of the check or money order that was dishonored or the subject of a stop payment order;

the clerk must reimburse the account containing fees collected under IC 33-37-5-6 using the amount the person paid to the clerk.

[Pre-2004 Recodification Citation: 33-17-1-4.]

As added by P.L.98-2004, SEC.11.

 

IC 33-32-4-8Dishonored checks

     Sec. 8. The clerk is not personally liable for the amount of a dishonored check, for penalties assessed against a dishonored check, or for financial institution charges relating to a dishonored check, if:

(1) the check was tendered to the clerk for the payment of a:

(A) fee;

(B) court ordered payment; or

(C) license; and

(2) the acceptance of the check was not an act or omission constituting gross negligence or an intentional disregard of the responsibilities of the office of clerk.

[Pre-2004 Recodification Citation: 33-17-1-4.]

As added by P.L.98-2004, SEC.11.

 

IC 33-32-4-9Repealed

[Pre-2004 Recodification Citation: 33-17-1-4.1.]

As added by P.L.98-2004, SEC.11. Repealed by P.L.148-2006, SEC.35.

 

IC 33-32-5Chapter 5. Marriage Licenses and Distress Sales
           33-32-5-1Marriage license and certificate fees
           33-32-5-2Repealed

 

IC 33-32-5-1Marriage license and certificate fees

    Sec. 1. (a) For issuing a marriage license under IC 31-11-4, the clerk shall collect a fee of ten dollars ($10). The clerk shall pay these fees to the treasurer of state, who shall deposit the money in the state user fee fund established by IC 33-37-9-2.

    (b) For issuing a marriage certificate under IC 31-11-4, the clerk shall collect the following fee:

(1) Eight dollars ($8), if at least one (1) of the individuals is a resident of Indiana.

(2) Fifty dollars ($50), if neither of the individuals is a resident of Indiana.

When collected, these fees shall be deposited in the general fund of the county.

[Pre-2004 Recodification Citation: 33-17-14-2.]

As added by P.L.98-2004, SEC.11.

 

IC 33-32-5-2Repealed

[Pre-2004 Recodification Citation: 33-17-14-3.]

As added by P.L.98-2004, SEC.11. Repealed by P.L.113-2014, SEC.121.

 

IC 33-33ARTICLE 33. COURT SYSTEM ORGANIZATION IN EACH COUNTY
           Ch. 1.Adams County
           Ch. 2.Allen County
           Ch. 3.Bartholomew County
           Ch. 4.Benton County
           Ch. 5.Blackford County
           Ch. 6.Boone County
           Ch. 7.Brown County
           Ch. 8.Carroll County
           Ch. 9.Cass County
           Ch. 10.Clark County
           Ch. 11.Clay County
           Ch. 12.Clinton County
           Ch. 13.Crawford County
           Ch. 14.Daviess County
           Ch. 15.Dearborn County
           Ch. 16.Decatur County
           Ch. 17.DeKalb County
           Ch. 18.Delaware County
           Ch. 19.Dubois County
           Ch. 20.Elkhart County
           Ch. 21.Fayette County
           Ch. 22.Floyd County
           Ch. 23.Fountain County
           Ch. 24.Franklin County
           Ch. 25.Fulton County
           Ch. 26.Gibson County
           Ch. 27.Grant County
           Ch. 27.2.Grant County Superior Court No. 2
           Ch. 27.3.Grant County Superior Court No. 3
           Ch. 28.Greene County
           Ch. 29.Hamilton County
           Ch. 30.Hancock County
           Ch. 31.Harrison County
           Ch. 32.Hendricks County
           Ch. 33.Henry County
           Ch. 34.Howard County
           Ch. 34.3.Repealed
           Ch. 35.Huntington County
           Ch. 36.Jackson County
           Ch. 37.Jasper County
           Ch. 38.Jay County
           Ch. 39.Jefferson County
           Ch. 40.Jennings County
           Ch. 41.Johnson County
           Ch. 42.Knox County
           Ch. 43.Kosciusko County
           Ch. 44.LaGrange County
           Ch. 45.Lake County
           Ch. 46.LaPorte County
           Ch. 47.Lawrence County
           Ch. 48.Madison County
           Ch. 49.Marion County
           Ch. 50.Marshall County
           Ch. 51.Martin County
           Ch. 52.Miami County
           Ch. 53.Monroe County
           Ch. 54.Montgomery County
           Ch. 55.Morgan County
           Ch. 56.Newton County
           Ch. 57.Noble County
           Ch. 58.Ohio County
           Ch. 59.Orange County
           Ch. 60.Owen County
           Ch. 61.Parke County
           Ch. 62.Perry County
           Ch. 63.Pike County
           Ch. 64.Porter County
           Ch. 65.Posey County
           Ch. 66.Pulaski County
           Ch. 67.Putnam County
           Ch. 68.Randolph County
           Ch. 69.Ripley County
           Ch. 70.Rush County
           Ch. 71.St. Joseph County
           Ch. 72.Scott County
           Ch. 73.Shelby County
           Ch. 74.Spencer County
           Ch. 75.Starke County
           Ch. 76.Steuben County
           Ch. 77.Sullivan County
           Ch. 78.Switzerland County
           Ch. 79.Tippecanoe County
           Ch. 79.2.Tippecanoe Superior Court No. 2
           Ch. 79.3.Tippecanoe Superior Court No. 3
           Ch. 79.4.Tippecanoe Superior Courts No. 4, No. 5, and No. 6
           Ch. 80.Tipton County
           Ch. 81.Union County
           Ch. 82.Vanderburgh County
           Ch. 83.Vermillion County
           Ch. 84.Vigo County
           Ch. 85.Wabash County
           Ch. 86.Warren County
           Ch. 87.Warrick County
           Ch. 88.Washington County
           Ch. 89.Wayne County
           Ch. 89.2.Wayne Superior Court No. 2
           Ch. 89.3.Wayne Superior Court No. 3
           Ch. 90.Wells County
           Ch. 91.White County
           Ch. 92.Whitley County

 

IC 33-33-1Chapter 1. Adams County
           33-33-1-1Judicial circuit
           33-33-1-2Establishment of standard superior court
           33-33-1-3Judge; location of court sessions
           33-33-1-4Repealed
           33-33-1-5Repealed

 

IC 33-33-1-1Judicial circuit

    Sec. 1. Adams County constitutes the twenty-sixth judicial circuit.

[Pre-2004 Recodification Citation: 33-4-1-1.]

As added by P.L.98-2004, SEC.12.

 

IC 33-33-1-2Establishment of standard superior court

    Sec. 2. (a) There is established a court of record to be known as the Adams superior court.

    (b) The Adams superior court is a standard superior court as described in IC 33-29-1.

    (c) Adams County comprises the judicial district of the court.

[Pre-2004 Recodification Citation: 33-5-4.5-1.]

As added by P.L.98-2004, SEC.12.

 

IC 33-33-1-3Judge; location of court sessions

    Sec. 3. The Adams superior court has one (1) judge who shall hold sessions in the Adams County courthouse in Decatur, or in other places in the county as the board of county commissioners of Adams County may provide.

[Pre-2004 Recodification Citation: 33-5-4.5-7.]

As added by P.L.98-2004, SEC.12.

 

IC 33-33-1-4Repealed

[Pre-2004 Recodification Citation: 33-5-4.5-3.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.

 

IC 33-33-1-5Repealed

[Pre-2004 Recodification Citation: 33-5-4.5-11.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.

 

IC 33-33-2Chapter 2. Allen County
           33-33-2-1Application
           33-33-2-2Judicial circuit
           33-33-2-3Magistrates
           33-33-2-4Repealed
           33-33-2-5Establishment of superior court
           33-33-2-6Seal
           33-33-2-7Location of superior court sessions
           33-33-2-8Judges; divisions
           33-33-2-9Judicial candidates; terms
           33-33-2-10Candidate for judge; qualifications
           33-33-2-11Limits on acceptance of contributions
           33-33-2-12Rules and regulations; incidental powers of judges
           33-33-2-13Orders, writs, appointments, and commissions
           33-33-2-14Personnel
           33-33-2-15Salary of juvenile referee
           33-33-2-16Clerk and sheriff
           33-33-2-17Clerk and sheriff; duties, liabilities, fees, and procedure
           33-33-2-18Record books and dockets
           33-33-2-19Single order book
           33-33-2-20Repealed
           33-33-2-21Fees
           33-33-2-22Laws applicable to superior court
           33-33-2-23Repealed
           33-33-2-24Fees of jurors and witnesses
           33-33-2-25Transfer of cases from circuit court
           33-33-2-26Transfer of cases to circuit court
           33-33-2-27Authority of circuit judge to sit in superior court
           33-33-2-28Appeals
           33-33-2-29Process
           33-33-2-30Board of judges
           33-33-2-31Divisions of the court
           33-33-2-32Judicial nominating commission; establishment
           33-33-2-33Judicial nominating commission; membership
           33-33-2-34Judicial nominating commission; nonattorney members
           33-33-2-35Judicial nominating commission; attorney members
           33-33-2-36Judicial nominating commission; election of attorney members
           33-33-2-37Judicial nominating commission; notification of election or appointment
           33-33-2-38Judicial nominating commission; service; limitation
           33-33-2-39Vacancy in judgeship; nomination of candidates; meetings of commission
           33-33-2-40Vacancy in judgeship; nomination of candidates; requirements
           33-33-2-41Vacancy in judgeship; submission of list of nominees to governor
           33-33-2-42Vacancy in judgeship; nomination of candidates; substitution of names
           33-33-2-43Vacancy in judgeship; appointment from list of nominees
           33-33-2-44Vacancy in judgeship; effective date of appointment
           33-33-2-45Vacancy in judgeship; appointee to serve unexpired term
           33-33-2-46Allen county substance abuse pilot program

 

IC 33-33-2-1Application

     Sec. 1. IC 33-29-1 does not apply to this chapter.

[2004 Recodification Citation: New.]

As added by P.L.98-2004, SEC.12.

 

IC 33-33-2-2Judicial circuit

     Sec. 2. Allen County constitutes the thirty-eighth judicial circuit.

[Pre-2004 Recodification Citation: 33-4-1-2.]

As added by P.L.98-2004, SEC.12.

 

IC 33-33-2-3Magistrates

     Sec. 3. The judge of the Allen circuit court may appoint two (2) full-time magistrates under IC 33-23-5. A magistrate continues in office until removed by the judge.

[Pre-2004 Recodification Citation: 33-4-1-2.1.]

As added by P.L.98-2004, SEC.12. Amended by P.L.39-2012, SEC.1.

 

IC 33-33-2-4Repealed

[Pre-2004 Recodification Citation: 33-4-1-2.8.]

As added by P.L.98-2004, SEC.12. Amended by P.L.201-2011, SEC.31. Repealed by P.L.39-2012, SEC.2.

 

IC 33-33-2-5Establishment of superior court

     Sec. 5. (a) There is established a superior court in Allen County.

     (b) The superior court shall be known as the Allen superior court.

     (c) The Allen superior court is a court of record, and its judgments, decrees, orders, and proceedings have the same force and effect and shall be enforced in the same manner as those of the Allen circuit court.

[Pre-2004 Recodification Citation: 33-5-5.1-1; 33-5-5.1-2; 33-5-5.1-5.]

As added by P.L.98-2004, SEC.12.

 

IC 33-33-2-6Seal

     Sec. 6. The Allen superior court shall have a seal consisting of a circular disk containing the words, "Allen Superior Court", "Indiana", and "Seal", in a design as the court may determine. An impression of the seal shall be spread of record upon the order book of the superior court.

[Pre-2004 Recodification Citation: 33-5-5.1-3.]

As added by P.L.98-2004, SEC.12.

 

IC 33-33-2-7Location of superior court sessions

     Sec. 7. (a) The Allen superior court shall hold its sessions in:

(1) the Allen County courthouse in Fort Wayne; and

(2) in other places in Allen County as the court may determine.

     (b) The board of county commissioners of Allen County shall provide and maintain in the courthouse and at other places in Allen County as the court may determine:

(1) suitable and convenient courtrooms for the holding of the court;

(2) suitable and convenient jury rooms and offices for the judges and other court officers and personnel; and

(3) other facilities as may be necessary.

     (c) The board of county commissioners of Allen County shall also provide all necessary furniture and equipment for rooms and offices of the court.

[Pre-2004 Recodification Citation: 33-5-5.1-9.]

As added by P.L.98-2004, SEC.12.

 

IC 33-33-2-8Judges; divisions

     Sec. 8. (a) The Allen superior court consists of nine (9) judges as follows:

(1) Two (2) judges serve in the family relations division.

(2) Three (3) judges serve in the criminal division.

(3) Four (4) judges serve in the civil division.

A newly elected or appointed judge assumes the division assignment of the judge whom the judge replaces.

     (b) If in the opinion of a majority of the judges there is an undue disparity in the number of cases in any division, the chief judge may assign specific cases normally assigned to that division to a judge in another division as directed by a majority of the judges.

     (c) Not later than December 31 of the year immediately preceding a year in which the office of judge of the Allen superior court will be on the ballot, the clerk of the circuit court shall file with the election division a list containing the name, the division assignment, and the court number assigned by the roster of judicial officers maintained by the Supreme Court of Indiana, Division of State Court Administration, for each judge of the Allen superior court.

     (d) During the period under IC 3-8-2-4 in which a declaration of candidacy may be filed for a primary election, any person desiring to become a candidate for one (1) of the Allen superior court judgeships must file with the election division a declaration of candidacy adapted from the form prescribed under IC 3-8-2 that:

(1) is signed by the candidate; and

(2) designates the division and the court number of the judgeship that the candidate seeks.

     (e) A petition without the designation required under subsection (c) shall be rejected by the election division (or by the Indiana election commission under IC 3-8-1-2).

     (f) If an individual who files a declaration under subsection (d) ceases to be a candidate after the final date for filing a declaration under subsection (d), the election division may accept the filing of additional declarations of candidacy for that seat not later than noon on August 1.

[Pre-2004 Recodification Citation: 33-5-5.1-29.]

As added by P.L.98-2004, SEC.12. Amended by P.L.169-2015, SEC.166.

 

IC 33-33-2-9Judicial candidates; terms

     Sec. 9. (a) All candidates for each respective Allen superior court judgeship shall be listed on the general election ballot in the form prescribed by IC 3-11, without party designation. The candidate receiving the highest number of votes for each judgeship shall be elected to that office.

     (b) IC 3, except where inconsistent with this chapter, applies to elections held under this chapter.

     (c) The term of each Allen superior court judge:

(1) begins January 1 following election and ends December 31 following the election of a successor; and

(2) is six (6) years.

[Pre-2004 Recodification Citation: 33-5-5.1-29.1.]

As added by P.L.98-2004, SEC.12. Amended by P.L.58-2005, SEC.33.

 

IC 33-33-2-10Candidate for judge; qualifications

     Sec. 10. (a) To qualify as a candidate for Allen superior court judge, a person:

(1) must be a citizen of the United States domiciled in Allen County;

(2) must have at least five (5) years active practice of law, including cases involving matters assigned to the division in which the person would serve as judge;

(3) may not previously have had any disciplinary sanction imposed upon the person by the supreme court disciplinary commission of Indiana or any similar body in another state; and

(4) may not previously have been convicted of any felony.

     (b) If a person does not qualify under subsection (a), the person may not be listed on the ballot as a candidate. However, an individual who was a judge of the court on January 1, 1984, does not have to comply with subsection (a)(2).

[Pre-2004 Recodification Citation: 33-5-5.1-29.3.]

As added by P.L.98-2004, SEC.12.

 

IC 33-33-2-11Limits on acceptance of contributions

     Sec. 11. A judge or candidate for judge of the Allen superior court may not:

(1) accept a contribution (as defined in IC 3-5-2-15) from any political party, political action committee (as defined in IC 3-5-2-37), or regular party committee (as defined in IC 3-5-2-42); or

(2) accept more than a total of ten thousand dollars ($10,000) in contributions from all sources to pay expenses connected with the candidate's candidacy.

[Pre-2004 Recodification Citation: 33-5-5.1-29.5.]

As added by P.L.98-2004, SEC.12.

 

IC 33-33-2-12Rules and regulations; incidental powers of judges

     Sec. 12. (a) The Allen superior court:

(1) may make and adopt rules and regulations for conducting the business of the court, not repugnant to Indiana laws and the rules of the supreme court; and

(2) has all the powers incident to a court of record in relation to the attendance of witnesses, the punishment of contempts, and the enforcement of its orders.

     (b) The judges of the superior court may administer oaths, solemnize marriages, take and certify acknowledgments of deeds, and all legal instruments, and give all necessary certificates for the authentication of the records and proceedings in the court.

[Pre-2004 Recodification Citation: 33-5-5.1-6.]

As added by P.L.98-2004, SEC.12.

 

IC 33-33-2-13Orders, writs, appointments, and commissions

     Sec. 13. The Allen superior court may:

(1) grant restraining orders and injunctions;

(2) issue writs of habeas corpus;

(3) appoint receivers, masters, and commissioners to convey real property and to grant commissions for the examination of witnesses; and

(4) appoint other officers necessary to facilitate and transact the business of the court;

as conferred on circuit courts or the judges of circuit courts.

[Pre-2004 Recodification Citation: 33-5-5.1-7.]

As added by P.L.98-2004, SEC.12.

 

IC 33-33-2-14Personnel

     Sec. 14. (a) The Allen superior court may appoint probate commissioners, juvenile referees, bailiffs, court reporters, probation officers, and other personnel, including an administrative officer, the court believes are necessary to facilitate and transact the business of the court.

     (b) In addition to the personnel authorized under subsection (a) and IC 31-31-3, the following magistrates may be appointed:

(1) The judges of the Allen superior court-civil division may jointly appoint not more than four (4) full-time magistrates under IC 33-23-5 to serve the Allen superior court-civil division. The judges of the Allen superior court-civil division may jointly assign any magistrates the duties and powers of a probate commissioner.

(2) The judge of the Allen superior court-criminal division may jointly appoint not more than three (3) full-time magistrates under IC 33-23-5 to serve the Allen superior court-criminal division. Any magistrate serves at the pleasure of, and continues in office until jointly removed by, the judges of the division that appointed the magistrate.

     (c) All appointments made under this section must be made without regard to the political affiliation of the appointees. The salaries of the personnel shall be fixed and paid as provided by law. If the salaries of any of the personnel are not provided by law, the amount and time of payment of the salaries shall be fixed by the court, to be paid out of the county treasury by the county auditor, upon the order of the court, and be entered of record. The officers and persons appointed shall perform duties as are prescribed by the court. Any administrative officer appointed by the court shall operate under the jurisdiction of the chief judge and serve at the pleasure of the chief judge. Any probate commissioners, magistrates, juvenile referees, bailiffs, court reporters, probation officers, and other personnel appointed by the court serve at the pleasure of the court.

     (d) Any probate commissioner appointed by the court may be vested by the court with all suitable powers for the handling and management of the probate and guardianship matters of the court, including the fixing of all bonds, the auditing of accounts of estates and guardianships and trusts, acceptance of reports, accounts, and settlements filed in the court, the appointment of personal representatives, guardians, and trustees, the probating of wills, the taking and hearing of evidence on or concerning such matters, or any other probate, guardianship, or trust matters in litigation before the court, the enforcement of court rules and regulations, the making of reports to the court concerning the probate commissioner's actions under this subsection, including the taking and hearing of evidence together with the commissioner's findings and conclusions regarding the evidence. However, all matters under this subsection are under the final jurisdiction and decision of the judges of the court.

     (e) A juvenile referee appointed by the court may be vested by the court with all suitable powers for the handling and management of the juvenile matters of the court, including the fixing of bonds, the taking and hearing of evidence on or concerning any juvenile matters in litigation before the court, the enforcement of court rules and regulations, and the making of reports to the court concerning the referee's actions under this subsection. The actions of a juvenile referee under this subsection are under final jurisdiction and decision of the judges of the court.

     (f) A probate commissioner or juvenile referee may:

(1) summon witnesses to testify before the commissioner or juvenile referee; and

(2) administer oaths and take acknowledgments;

to carry out the commissioner's or juvenile referee's duties and powers.

[Pre-2004 Recodification Citation: 33-5-5.1-8.]

As added by P.L.98-2004, SEC.12. Amended by P.L.1-2007, SEC.216; P.L.127-2008, SEC.9.

 

IC 33-33-2-15Salary of juvenile referee

     Sec. 15. Each juvenile referee appointed under section 14 of this chapter who:

(1) is appointed by the court to serve as a full-time referee; and

(2) does not practice law during the referee's term as referee;

is entitled to receive an annual salary as provided in IC 33-38-5-7.

[Pre-2004 Recodification Citation: 33-5-5.1-8.5.]

As added by P.L.98-2004, SEC.12.

 

IC 33-33-2-16Clerk and sheriff

     Sec. 16. The clerk of the Allen circuit court and the sheriff of Allen County shall be the clerk and sheriff of the Allen superior court.

[Pre-2004 Recodification Citation: 33-5-5.1-11.]

As added by P.L.98-2004, SEC.12.

 

IC 33-33-2-17Clerk and sheriff; duties, liabilities, fees, and procedure

     Sec. 17. (a) The sheriff shall attend the Allen superior court. The clerk and the sheriff shall discharge all the duties pertaining to their respective offices as they are required to do by law in the circuit court.

     (b) All laws prescribing the duties and liabilities of clerk and sheriff and the mode of proceeding against them, or either of them, for neglect of official duty, allowing fees, and providing for the collection fees in the circuit court, apply to the Allen superior court.

     (c) In a case in the Allen superior court based upon a violation of a city ordinance where fines or forfeitures are adjudged against a party:

(1) the fines or forfeitures shall be paid to and collected by the clerk and regularly remitted to the city clerk of the city that issued the ordinance; and

(2) the city clerk shall disburse the fines or forfeitures as required by law.

Payment of fines for admitted parking violations shall be made to the city clerk of the city that issued the ordinances concerning parking violations.

[Pre-2004 Recodification Citation: 33-5-5.1-12.]

As added by P.L.98-2004, SEC.12. Amended by P.L.78-2014, SEC.11.

 

IC 33-33-2-18Record books and dockets

     Sec. 18. The clerk, under the direction of the Allen superior court, shall provide:

(1) order books;

(2) judgment dockets;

(3) execution dockets;

(4) fee books; and

(5) other books, papers, and records;

as are necessary for the court. All books, papers, and proceedings of the court shall be kept distinct and separate from those of other courts.

[Pre-2004 Recodification Citation: 33-5-5.1-14.]

As added by P.L.98-2004, SEC.12.

 

IC 33-33-2-19Single order book

     Sec. 19. The Allen superior court shall maintain a single order book for the entire court. The order book may be signed on behalf of the court by any of the judges of the court. The signature constitutes authentication of the actions of each judge in the court.

[Pre-2004 Recodification Citation: 33-5-5.1-15.]

As added by P.L.98-2004, SEC.12.

 

IC 33-33-2-20Repealed

[Pre-2004 Recodification Citation: 33-5-5.1-4.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.

 

IC 33-33-2-21Fees

     Sec. 21. The same fees shall be taxed in the Allen superior court as are provided by law to be taxed in the Allen circuit court. When collected in the Allen superior court, the fees shall be disbursed in the same manner as similar fees are disbursed in the Allen circuit court.

[Pre-2004 Recodification Citation: 33-5-5.1-13.]

As added by P.L.98-2004, SEC.12.

 

IC 33-33-2-22Laws applicable to superior court

     Sec. 22. All laws of the state and rules adopted by the supreme court governing the Allen circuit court in matters of pleading, practice, the issuing and service of process, the giving of notice, the appointing of judges pro tempore and special judges, changes of venue from the judge and from the county, adjournments by the court and by the clerk in the absence of the judge, and the selection of jurors for the court apply to and govern the Allen superior court.

[Pre-2004 Recodification Citation: 33-5-5.1-16.]

As added by P.L.98-2004, SEC.12.

 

IC 33-33-2-23Repealed

[Pre-2004 Recodification Citation: 33-5-5.1-17.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.118-2007, SEC.38.

 

IC 33-33-2-24Fees of jurors and witnesses

     Sec. 24. Jurors and witnesses in attendance upon the Allen superior court shall receive the same fees as are provided for by law for jurors and witnesses in the circuit court.

[Pre-2004 Recodification Citation: 33-5-5.1-18.]

As added by P.L.98-2004, SEC.12.

 

IC 33-33-2-25Transfer of cases from circuit court

     Sec. 25. The judge of the Allen circuit court may, with the consent of the Allen superior court, transfer any action, cause, or proceeding filed and docketed in the circuit court to the superior court by transferring all original papers and instruments filed in the action, cause, or proceeding without a further transcript to be redocketed and disposed of as if originally filed with the Allen superior court.

[Pre-2004 Recodification Citation: 33-5-5.1-25.]

As added by P.L.98-2004, SEC.12.

 

IC 33-33-2-26Transfer of cases to circuit court

     Sec. 26. Any judge of the Allen superior court may, with the consent of the judge of the Allen circuit court, transfer any action, cause, or proceeding filed and docketed in the superior court to the circuit court by transferring all original papers and instruments filed in the action, cause, or proceeding without further transcript thereof to be redocketed and disposed of as if originally filed with the circuit court.

[Pre-2004 Recodification Citation: 33-5-5.1-26.]

As added by P.L.98-2004, SEC.12.

 

IC 33-33-2-27Authority of circuit judge to sit in superior court

     Sec. 27. The judge of the Allen circuit court may sit as a judge of the superior court, with the superior court's permission, in all matters pending before the superior court, without limitation and without any further order, in the same manner as if the circuit court judge were a judge of the superior court with all the rights and powers as if the circuit court judge were appointed judge of the superior court.

[Pre-2004 Recodification Citation: 33-5-5.1-27.]

As added by P.L.98-2004, SEC.12.

 

IC 33-33-2-28Appeals

     Sec. 28. Any party may appeal from any order or judgment of the superior court in any case where an appeal may be had from a similar order or judgment of the circuit court.

[Pre-2004 Recodification Citation: 33-5-5.1-19.]

As added by P.L.98-2004, SEC.12.

 

IC 33-33-2-29Process

     Sec. 29. The process of the Allen superior court must have the seal affixed and be attested, directed, served, and returned, and be in the form as is provided for process issuing from the circuit court.

[Pre-2004 Recodification Citation: 33-5-5.1-20.]

As added by P.L.98-2004, SEC.12.

 

IC 33-33-2-30Board of judges

     Sec. 30. (a) The Allen superior court shall be governed and operated by a board of judges composed of all the judges of the superior court. Six (6) judges are required for a quorum for conducting business and as a majority for taking action. Every two (2) years the board of judges shall elect a chief judge to carry out ministerial functions of representation as the board of judges periodically determines by a majority of the board's members.

     (b) Matters of administration, budget, expenditures, policy, and procedure affecting the entire superior court shall be determined by a majority of the board of judges. Any determination binds the entire board of judges and each judge of the board.

     (c) One (1) budget covering all the divisions of the superior court shall be prepared for the superior court and submitted to the county fiscal body. However, each division shall prepare its own budget as a component of the superior court's total budget.

[Pre-2004 Recodification Citation: 33-5-5.1-21.1.]

As added by P.L.98-2004, SEC.12.

 

IC 33-33-2-31Divisions of the court

     Sec. 31. (a) The court, by rules adopted by the Allen superior court, shall divide the work of the court into the following divisions:

(1) A family relations division.

(2) A criminal division (including a standard minor offenses and violations docket under IC 33-29-2-8).

(3) A civil division (including a standard small claims docket under IC 33-29-2-4).

     (b) Cases involving juvenile matters shall be assigned to the family relations division.

     (c) Cases involving matters specified in IC 33-29-2-8 shall be assigned to the criminal division.

     (d) Cases involving matters specified in IC 33-29-2-4 shall be assigned to the small claims docket in the civil division.

     (e) The work of each division may be divided further by rules adopted by the court.

     (f) Every two (2) years each division of the court shall elect an administrative judge for that division. The administrative judge shall carry out ministerial, administrative, and assignment functions as are periodically determined by a majority of the judges of that division.

     (g) Matters of administration, budget, expenditures, policy, and procedure in each division shall be determined by a majority of the judges of that division.

     (h) Disputes within any division concerning administration, budget, expenditures, policy, procedure, and assignments that pertain to the division as a whole or to any individual judge of the division, that for any reason cannot be resolved by a majority of the judges in the division, shall be submitted to the board of judges and determined by a majority of the board of judges.

     (i) A resolution approved by a majority of the board of judges that resolves disputes within a division must include at least one (1) of the judges of that division and binds all of the judges of that division.

[Pre-2004 Recodification Citation: 33-5-5.1-23.]

As added by P.L.98-2004, SEC.12. Amended by P.L.1-2007, SEC.217.

 

IC 33-33-2-32Judicial nominating commission; establishment

     Sec. 32. (a) There is established a judicial nominating commission for the Allen superior court.

     (b) The board of county commissioners of Allen County shall provide all facilities, equipment, supplies, and services necessary for the administration of the duties of the commission.

     (c) The members of the commission serve without compensation. However, the board of commissioners shall reimburse members of the commission for actual expenses incurred in performing their duties.

[Pre-2004 Recodification Citation: 33-5-5.1-30.1.]

As added by P.L.98-2004, SEC.12.

 

IC 33-33-2-33Judicial nominating commission; membership

     Sec. 33. (a) The judicial nominating commission consists of seven (7) members, the majority of whom shall form a quorum. The chief justice of the supreme court (or a justice of the supreme court or judge of the court of appeals designated by the chief justice) shall be a member and shall act as chairman. Persons who are admitted to the practice of law and who reside in Allen County shall, under sections 35 and 36 of this chapter, elect three (3) members to serve on the commission. The governor shall appoint to the commission three (3) residents of Allen County who are not admitted to the practice of law. However, not more than two (2) of these appointees may be from the same political party. If the governor fails to appoint any of the nonattorney commission members within the time required under section 34 of this chapter, the appointment shall be made by the chief justice of the supreme court.

     (b) A member of the commission other than a judge or justice may not hold any other salaried public office, and a member may not hold an office in a political party or organization. A member of the commission is ineligible for appointment to a judicial office in Allen County while the member is a member of the commission and for three (3) years thereafter. If any member of the commission other than a judge or justice terminates the member's residence in Allen County, the member is considered to have resigned from the commission.

[Pre-2004 Recodification Citation: 33-5-5.1-31.1.]

As added by P.L.98-2004, SEC.12.

 

IC 33-33-2-34Judicial nominating commission; nonattorney members

     Sec. 34. (a) The governor shall appoint the three (3) nonattorney members of the commission.

     (b) One (1) month before the expiration of a term of office of a nonattorney commissioner, the governor shall:

(1) reappoint the commissioner; or

(2) appoint a replacement.

All appointments shall be certified to the secretary of state, the clerk of the supreme court, and the clerk of Allen superior court not more than ten (10) days after the appointment.

     (c) After their initial terms, the governor shall appoint each nonattorney commissioner for a term of four (4) years.

     (d) When a vacancy occurs in the office of a nonattorney commissioner, the chairman of the commission shall promptly notify the governor in writing of that fact. Vacancies in the office of nonattorney commissioners shall be filled by appointment of the governor not more than sixty (60) days after the governor has notice of the vacancy. The nonattorney commissioner appointed shall serve during the unexpired term of the member whose vacancy the nonattorney commissioner has filled.

[Pre-2004 Recodification Citation: 33-5-5.1-32.1.]

As added by P.L.98-2004, SEC.12.

 

IC 33-33-2-35Judicial nominating commission; attorney members

     Sec. 35. (a) Persons who are admitted to the practice of law and who reside in Allen County (referred to as "attorney electors") shall elect three (3) members to serve on the commission. The term of office of each elected attorney member is four (4) years, commencing on the first day of October following the member's election. The election day is the first Tuesday in September 1983, and every four (4) years thereafter. During the month before the expiration of each attorney commissioner's term of office, an election shall be held to fill the succeeding four (4) year term of office.

     (b) Except when a term of office has less than ninety (90) days remaining, vacancies in the office of an attorney commissioner shall be filled for the unexpired term by a special election.

[Pre-2004 Recodification Citation: 33-5-5.1-33.1.]

As added by P.L.98-2004, SEC.12.

 

IC 33-33-2-36Judicial nominating commission; election of attorney members

     Sec. 36. The attorney members of the commission shall be elected by the following process:

(1) The clerk of the superior court shall, at least ninety (90) days before the date of election, notify all attorneys in Allen County of the election by mail, informing them that nominations must be made to the clerk of the superior court at least sixty (60) days before the election.

(2) A nomination in writing, accompanied by a signed petition of ten (10) attorney electors and the written consent of the qualified nominee, shall be filed by an attorney elector in the office of the clerk at least sixty (60) days before the election.

(3) The clerk shall prepare and print ballots containing the names and residential addresses of all attorney nominees whose written nominations, petitions, and written statements of consent have been received sixty (60) days before the election.

(A) The ballot must read:

"ALLEN SUPERIOR COURT

NOMINATING COMMISSION BALLOT

     To be cast by individuals residing in Allen County and admitted to the practice of law in Indiana. Vote for not more than three (3) of the following candidates for terms commencing __________.

        (Name)              (Address)

        (Name)              (Address)

        (etc.)                  (etc.)

     To be counted, this ballot must be completed, the accompanying certificate completed and signed, and both together mailed or delivered to the clerk of the Allen Superior Court not later than ______________.

DESTROY BALLOT IF NOT USED".

(B) The three (3) nominees receiving the most votes are elected.

(4) The clerk shall also supply with each ballot distributed by the clerk a certificate, to be completed and signed and returned by the attorney elector voting the ballot, certifying that the attorney elector is admitted to the practice of law in Indiana, that the attorney elector resides in Allen County, and that the attorney elector voted the ballot returned. A ballot not accompanied by the signed certificate of the voter may not be counted.

(5) A separate envelope shall be provided by the clerk for the ballot, in which only the voted ballot is to be placed. This envelope may not be opened until the counting of the ballots.

(6) The clerk of the superior court shall mail a ballot and its accompanying material to all qualified electors at least two (2) weeks before the date of election.

(7) Upon receiving the completed ballots and the accompanying certificates, the clerk shall ensure that the certificates have been completed in compliance with this chapter. All ballots that are accompanied by a valid certificate shall be placed in a package designated to contain ballots. All accompanying certificates shall be placed in a separate package.

(8) The clerk, with the assistance of the Allen County election board, shall open and canvass all ballots after 4 p.m. on the day of the election in the office of the clerk of the Allen superior court. A ballot received after 4 p.m. may not be counted unless the chairman of the judicial nominating commission orders an extension of time because of extraordinary circumstances. Upon canvassing the ballots the clerk shall place all ballots in their package. These, along with the certificates, shall be retained in the clerk's office for six (6) months, and the clerk may not permit anyone to inspect them except upon an order of the court of appeals.

(9) If two (2) or more nominees are tied so that one (1) additional vote cast for one (1) of them would give that nominee a plurality, the canvassers shall resolve the tie by lot, and the winner of the lot is considered to have been elected.

[Pre-2004 Recodification Citation: 33-5-5.1-34.1.]

As added by P.L.98-2004, SEC.12.

 

IC 33-33-2-37Judicial nominating commission; notification of election or appointment

     Sec. 37. After:

(1) the attorney members of the commission have been elected; and

(2) the names of the nonattorney commissioners appointed by the governor have been certified to the secretary of state, the clerk of the supreme court, and the clerk of Allen superior court;

the superior court clerk shall notify the members of the commission of their election or appointment.

[Pre-2004 Recodification Citation: 33-5-5.1-35.1.]

As added by P.L.98-2004, SEC.12.

 

IC 33-33-2-38Judicial nominating commission; service; limitation

     Sec. 38. (a) A member of the commission shall serve until the member's successor is appointed or elected.

     (b) An attorney commissioner or nonattorney commissioner is not eligible for more than two (2) successive reelections or reappointments.

[Pre-2004 Recodification Citation: 33-5-5.1-36.1.]

As added by P.L.98-2004, SEC.12.

 

IC 33-33-2-39Vacancy in judgeship; nomination of candidates; meetings of commission

     Sec. 39. (a) When a judge of the superior court:

(1) dies, resigns, is removed from office; or

(2) is for any reason ineligible to continue or incapable of continuing in office until the end of the judge's term in office;

a judge in another division may not more than thirty (30) days after the vacancy occurs transfer to the vacant position for the remainder of the transferring judge's term. A judge who has made one (1) transfer is ineligible to make any other transfers. If more than one (1) judge desires to transfer, the most senior of these judges is entitled to transfer. After a transfer, or the thirty (30) day period if a transfer is not made, the commission shall meet to nominate three (3) candidates to fill the unexpired term of the vacancy caused by the transferring judge or the original vacancy if a transfer is not made.

     (b) The clerk shall promptly notify the members of the commission of a vacancy that the commission must fill under subsection (a), and the chairman shall call a meeting of the commission within ten (10) days following that notice. The commission shall submit its nominations of three (3) candidates for the vacancy and shall certify them to the governor not later than sixty (60) days after the vacancy occurred. When it is known that a vacancy will occur at a definite future date within the term of the governor then serving:

(1) the clerk shall notify the chairman and each member of the commission immediately; and

(2) the chairman shall call a meeting of the commission within ten (10) days following that notice.

The commission may then submit its nominations of three (3) candidates for each impending vacancy and shall certify them to the governor.

     (c) Meetings of the commission shall be called by its chairman, or, if the chairman fails to call a necessary meeting, upon the call of any four (4) members of the commission. Written notice of a meeting shall be given by mail to each member of the commission at least five (5) days before the meeting, unless the commission at its previous meeting designated the time and place of its next meeting.

     (d) Meetings of the commission may be held in the Allen County courthouse or in another public building in Allen County designated by the commission.

     (e) The commission shall act only at a meeting and may act only by the concurrence of a majority of its members attending a meeting. The commission may adopt rules for the conduct of its proceedings and the discharge of its duties.

[Pre-2004 Recodification Citation: 33-5-5.1-37.1.]

As added by P.L.98-2004, SEC.12.

 

IC 33-33-2-40Vacancy in judgeship; nomination of candidates; requirements

     Sec. 40. In selecting the three (3) nominees to be submitted to the governor, the commission shall comply with the following requirements:

(1) The commission shall submit only the names of the three (3) most highly qualified candidates from among all those eligible individuals considered. To be eligible for nomination as a judge of the Allen superior court, a person must meet the qualifications listed in section 10 of this chapter.

(2) As an aid in choosing the three (3) most qualified candidates, the commission shall in writing evaluate each eligible individual it considers on the following factors:

(A) Law school record, including any academic honors and achievements.

(B) Contributions to scholarly journals and publications, legislative draftings, and legal briefs.

(C) Activities in public service, including:

(i) writings and speeches concerning public or civic affairs that are on public record, including campaign speeches or writing, letters to newspapers, and testimony before public agencies;

(ii) government service;

(iii) efforts and achievements in improving the administration of justice; and

(iv) other conduct relating to the candidate's profession.

(D) Legal experience, including the number of years practicing law, the kind of practice involved, and reputation as a trial lawyer or judge.

(E) Probable judicial temperament.

(F) Physical condition, including age, stamina, and possible habitual intemperance.

(G) Personality traits, including the exercise of sound judgment, ability to compromise and conciliate, patience, decisiveness, and dedication.

(H) Membership on boards of directors, financial interests, and any other consideration that might create conflict of interest with a judicial office.