Bill Text: IN HB1266 | 2011 | Regular Session | Enrolled
Bill Title: Various provisions concerning courts.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2011-05-16 - SECTIONS 117 through 119 effective 06/30/2011 [HB1266 Detail]
Download: Indiana-2011-HB1266-Enrolled.html
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AN ACT to amend the Indiana Code concerning courts and court officers.
(1) The governor.
(2) The lieutenant governor.
(3) The secretary of state.
(4) The auditor of state.
(5) The treasurer of state.
(6) The attorney general.
(7) The state superintendent of public instruction.
(8) A justice of the supreme court of Indiana.
(9) A judge of the court of appeals of Indiana.
(10) A judge of the Indiana tax court.
(11) A judge of a circuit, superior, or probate
(12) A member of the general assembly.
(b) Whenever a candidate for any of the following offices is also required to file a declaration of candidacy or is nominated by petition,
the candidate shall file a statement of economic interests before filing
the declaration of candidacy or declaration of intent to be a write-in
candidate, before the petition of nomination is filed, before the
certificate of nomination is filed, or before being appointed to fill a
candidate vacancy under IC 3-13-1 or IC 3-13-2:
(1) Governor, lieutenant governor, secretary of state, auditor of
state, treasurer of state, attorney general, and state superintendent
of public instruction, in accordance with IC 4-2-6-8.
(2) Senator and representative in the general assembly, in
accordance with IC 2-2.1-3-2.
(3) Justice of the supreme court, judge of the court of appeals,
judge of the tax court, judge of a circuit court, judge of a superior
court, judge of a county court, judge of a probate court, and
prosecuting attorney, in accordance with IC 33-23-11-14 and
IC 33-23-11-15.
For paper ballots, print: To vote for a person, make a voting mark (X or .) on or in the box before the person's name in the proper column. For optical scan ballots, print: To vote for a person, darken or shade in the circle, oval, or square (or draw a line to connect the arrow) that precedes the person's name in the proper column. For optical scan ballots that do not contain a candidate's name, print: To vote for a person, darken or shade in the oval that precedes the number assigned to the person's name in the proper column. For electronic voting systems, print: To vote for a person, touch the screen (or press the button) in the location indicated.
Vote for one (1) only
Representative in Congress
[] (1) AB __________
[] (2) CD __________
[] (3) EF __________
[] (4) GH __________
(b) The offices with candidates for nomination shall be placed on the primary election ballot in the following order:
(1) Federal and state offices:
(A) President of the United States.
(B) United States Senator.
(C) Governor.
(D) United States Representative.
(2) Legislative offices:
(A) State senator.
(B) State representative.
(3) Circuit offices and county judicial offices:
(A) Judge of the circuit court, and unless otherwise specified under IC 33, with each division separate if there is more than one (1) judge of the circuit court.
(B) Judge of the superior court, and unless otherwise specified under IC 33, with each division separate if there is more than one (1) judge of the superior court.
(C) Judge of the probate court.
(4) County offices:
(A) County auditor.
(B) County recorder.
(C) County treasurer.
(D) County sheriff.
(E) County coroner.
(F) County surveyor.
(G) County assessor.
(H) County commissioner.
(I) County council member.
(5) Township offices:
(A) Township assessor (only in a township referred to in IC 36-6-5-1(d)).
(B) Township trustee.
(C) Township board member.
(D) Judge of the small claims court.
(E) Constable of the small claims court.
(6) City offices:
(A) Mayor.
(B) Clerk or clerk-treasurer.
(C) Judge of the city court.
(D) City-county council member or common council member.
(7) Town offices:
(A) Clerk-treasurer.
(B) Judge of the town court.
(C) Town council member.
(c) The political party offices with candidates for election shall be placed on the primary election ballot in the following order after the offices described in subsection (b):
(1) Precinct committeeman.
(2) State convention delegate.
(d) The following offices and public questions shall be placed on the primary election ballot in the following order after the offices described in subsection (c):
(1) School board offices to be elected at the primary election.
(2) Other local offices to be elected at the primary election.
(3) Local public questions.
(e) The offices and public questions described in subsection (d) shall be placed:
(1) in a separate column on the ballot if voting is by paper ballot;
(2) after the offices described in subsection (c) in the form specified in IC 3-11-13-11 if voting is by ballot card; or
(3) either:
(A) on a separate screen for each office or public question; or
(B) after the offices described in subsection (c) in the form specified in IC 3-11-14-3.5;
if voting is by an electronic voting system.
(f) A public question shall be placed on the primary election ballot in the following form:
[] YES
[] NO
(1) the first general election following an appointment by the governor to fill a vacancy in the office of judge of the circuit court; or
(2) the general election before the term of the judge expires under Article 7, Section 7 of the Constitution of the State of Indiana;
whichever occurs first, and every six (6) years thereafter.
(b) Except as otherwise provided by law, judges of the superior and probate
(1) Federal and state offices:
(A) President and Vice President of the United States.
(B) United States Senator.
(C) Governor and lieutenant governor.
(D) Secretary of state.
(E) Auditor of state.
(F) Treasurer of state.
(G) Attorney general.
(H) Superintendent of public instruction.
(I) United States Representative.
(2) Legislative offices:
(A) State senator.
(B) State representative.
(3) Circuit offices and county judicial offices:
(A) Judge of the circuit court, and unless otherwise specified under IC 33, with each division separate if there is more than one (1) judge of the circuit court.
(B) Judge of the superior court, and unless otherwise specified under IC 33, with each division separate if there is more than one (1) judge of the superior court.
(C) Judge of the probate court.
(4) County offices:
(A) County auditor.
(B) County recorder.
(C) County treasurer.
(D) County sheriff.
(E) County coroner.
(F) County surveyor.
(G) County assessor.
(H) County commissioner.
(I) County council member.
(5) Township offices:
(A) Township assessor (only in a township referred to in IC 36-6-5-1(d)).
(B) Township trustee.
(C) Township board member.
(D) Judge of the small claims court.
(E) Constable of the small claims court.
(6) City offices:
(A) Mayor.
(B) Clerk or clerk-treasurer.
(C) Judge of the city court.
(D) City-county council member or common council member.
(7) Town offices:
(A) Clerk-treasurer.
(B) Judge of the town court.
(C) Town council member.
(b) If a judge wants to resign from office, the judge must resign as provided in IC 5-8-3.5.
(c) A vacancy that occurs because of the death of a judge may be certified to the governor under IC 5-8-6.
(d) A vacancy that occurs, other than by resignation or death of a judge, shall be certified to the governor by the circuit court clerk of the county in which the judge resided.
(e) A vacancy in the office of judge of a circuit court shall be filled by the governor as provided by Article 5, Section 18 of the Constitution of the State of Indiana. However, the governor may not fill a vacancy that occurs because of the death of a judge until the governor receives notice of the death under IC 5-8-6. The person who is appointed holds the office until:
(1) the end of the unexpired term; or
(2) a successor is elected at the next general election and qualified;
whichever occurs first. The person elected at the general election following an appointment to fill the vacancy, upon being qualified, holds office for the six (6) year term prescribed by Article 7, Section 7 of the Constitution of the State of Indiana and until a successor is elected and qualified.
(f) A vacancy in the office of judge of a superior or probate
(1) IC 33-33-2-39.
(2) IC 33-33-2-43.
(3) IC 33-33-45-38.
(4) IC 33-33-71-40.
However, the governor may not fill a vacancy that occurs because of the death of a judge until the governor receives notice of the death under IC 5-8-6. The person who is appointed holds office for the remainder of the unexpired term.
(b) If the judgment is against the defendant, the defendant is removed from office. The governor, the officer, or the entity required to fill a vacancy under IC 3-13-6-2 shall, subject to:
(1) IC 33-33-2-39;
(2) IC 33-33-2-43;
(3) IC 33-33-45-38; and
(4) IC 33-33-71-40;
appoint or select a successor to fill the vacancy in office.
(b) The individuals designated by a court are the purchasing agents for that court.
(c) Notwithstanding subsections (a) and (b), if a county has established a purchasing agency for the county, both of the following apply:
(1) The purchasing agency established by the county is the purchasing agency for a circuit or superior
(2) Section 5 of this chapter applies to the purchases of a circuit or superior
(d) Notwithstanding subsections (a) and (b), a court may request either of the following to be the purchasing agency for the court:
(1) A purchasing agency of the executive branch.
(2) A purchasing agency of a political subdivision.
If a court requests a purchasing agency described in this subsection to be the purchasing agency for the court, the section of this chapter
applicable to that purchasing agency applies to purchases made for the
court.
(1) A court having probate jurisdiction.
(2) A superior court in a county in which the circuit court has exclusive probate jurisdiction.
(3) A mental health division of a superior court to the extent the mental health division has jurisdiction under
may appoint one (1) or more part-time juvenile court referees.
may appoint one (1) or more part-time juvenile court referees.
(b) If the hedge or other live fence that is the subject of the complaint under subsection (a) has not been cut and trimmed, the township trustee shall give the owner of the hedge or other live fence written notice to cut and trim the hedge or other live fence and to remove the brush to the owner's property within thirty (30) days after receiving the notice.
(c) The notice required under subsection (b) must be served by reading the notice to the owner or by leaving a copy of the notice at the owner's usual place of residence. If the owner of properties divided by the hedge or other live fence is not a resident of the township where the hedge or other live fence is located, the notice shall be served by mailing a copy of the notice to the owner directed to the owner's last known post office address.
(d) If the owner or the owner's agents or tenants do not cut and trim the fences and remove the brush, the trustee shall, immediately after the expiration of thirty (30) days, cause the hedge or other live fence to be cut and trimmed and the brush removed to the owner's property.
(e) The trustee shall recover all expenses incurred under subsection (d) by bringing a suit against the owner of the property on which the hedge or live fence is situated before
(1) A circuit court.
(2) A superior court.
(b) A case arising under this chapter may be filed on the small claims docket of a court that has jurisdiction.
(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.
a county 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 county court, a probate court, the tax court, or the
court of appeals.
(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;
(b) The judges of the Clark circuit court
(c) A magistrate continues in office until removed by the judges of the Clark circuit
(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.
(b) The term does not include a judge of any of the courts listed in subsection (a)(1) through
(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.
(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.
(1) All Class D 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.
(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.
Chapter 1.5. Jurisdiction of Nonstandard Superior Courts
Sec. 1. This chapter applies to a superior court that is not a standard superior court described in IC 33-29-1.
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.
(1) original and concurrent jurisdiction
(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.
Chapter 2. Small Claims and Misdemeanor Division
Sec. 1. This chapter applies to each probate court that has a standard small claims and misdemeanor division.
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.
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.
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.
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.
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.
Sec. 7. (a) The minor offenses and violations docket has
jurisdiction over the following:
(1) All Class D 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.
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.
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.
(1) A small claims and misdemeanor division under IC 33-28-3 that has a:
(A) small claims docket; and
(B) minor offenses and violations docket.
(2) Criminal.
(3) Juvenile.
(4) Civil.
(5) Probate.
(b) The assignment of judges of the circuit court to the dockets specified in subsection (a) must be by rule of the circuit court.
(b) Each year the Clark County fiscal body shall budget the necessary funds to provide for the operation and maintenance of the:
(1) circuit court, including magistrates appointed by the circuit court; and
(2) office of the clerk of the circuit court.
a judge of another division of the superior circuit court, transfer any
action or proceeding from the circuit court to that superior court. The
judge of a superior court may, with the consent of the judge of the
circuit court, transfer any action or proceeding from that superior court
to the circuit court. The judge of a superior court may, with the consent
of the judge of the other superior court, transfer any action or
proceeding from that superior court to the other superior court. judge's
division to the other judge's division.
(b) A judge of a city or town court located in Clark County may,
with the consent of the judge of a division of the Clark circuit
court, transfer to the division of the circuit court any cause of
action filed and docketed in the city or town court. All original
pleadings and documents and bail bonds filed in the cause of action
shall be transferred from the city or town court to the receiving
division of the circuit court. The cause of action shall be redocketed
in the receiving division of the circuit court and disposed of as if
originally filed with the receiving division of the circuit court.
(b) (c) The judge of a division of the Clark circuit court may, with
the consent of the judge of another division of the superior circuit
court, sit as a judge of that superior the other division of the circuit
court in any matter. as if the judge were an elected judge of that
superior court. The judge of a superior court may, with consent of the
judge of the circuit court, sit as a judge of the circuit court as if the
judge were an elected judge of the circuit court. The judge of a superior
court may, with the consent of the judge of the other superior court, sit
as judge of the other superior court as if the judge were the elected
judge of that superior court.
(b) The judges of the circuit court shall select from among themselves a presiding judge of the circuit court. The presiding judge shall be selected for a minimum term of twelve (12) months.
court shall act by consensus.
(b) If consensus is not possible under subsection (a), the decision
of the majority of the judges controls.
(1) Ensure that the circuit court operates efficiently and judicially under rules adopted by the board of judges.
(2) Upon approval by the board of judges, annually submit to the fiscal body of Clark County a budget for the court, including amounts necessary for:
(A) the operation of the circuit's probation department;
(B) the defense of indigents;
(C) compensating employees of the circuit court; and
(D) maintaining an adequate law library.
(3) Upon approval by the board of judges, make the appointments or selections required of a circuit or superior court judge.
(1) Allocation of case load.
(2) Legal representation for indigents.
(3) Budgetary matters of the circuit court.
(4) Operation of the probation department.
(5) Term of administration of the presiding judge.
(6) Employment and management of circuit court personnel.
(7) Cooperative efforts with other courts for establishing and administering shared programs and facilities.
(b) The board of judges of the circuit court shall file with the division of state court administration a copy of the rules adopted under this section.
(b) Personnel employed under this section:
(1) include court reporters, bailiffs, clerical staff, and any additional officers necessary for the proper administration of the circuit court; and
(2) are subject to the rules concerning employment and management of circuit court personnel adopted by the board of judges under section 19 of this chapter.
(b) A circuit court administrator appointed under this section is subject to the rules concerning employment and management of circuit court personnel adopted by the board of judges under section 19 of this chapter.
(b)
(c) Floyd County comprises the judicial district of each court.
(b) There are two (2) judges of the Franklin circuit court.
(b) To be eligible to hold office as a judge of the court, a person must be:
(1) a resident of Grant County;
(1) A small claims and misdemeanor division under IC 33-28-3 that has:
(A) a small claims docket; and
(B) a minor offenses and violations docket.
(2) A criminal docket.
(3) A juvenile docket.
(4) A civil docket.
(5) A probate docket.
(b) The assignment of judges of the circuit court to the dockets specified in subsection (a) must be by rule of the circuit court. However, Henry circuit court No. 3 shall have a standard small claims and misdemeanor docket.
(1) Ensure that the circuit court operates efficiently and judicially.
(2) Annually submit to the fiscal body of Henry County a budget for the court, including amounts necessary for the following:
(A) The operation of the judicial circuit's probation department.
(B) The defense of indigents.
(3) Make the appointments or selections required of a circuit or superior court judge.
(1) Allocation of case load.
(2) Legal representation for indigents.
(3) Budgetary matters of the circuit court.
(4) Operation of the probation department.
(5) Term of administration of the presiding judge.
(6) Employment and management of circuit court personnel.
(7) Cooperative efforts with other courts for establishing and administering shared programs and facilities.
(b) The circuit court shall file with the division of state court administration a copy of the rules adopted under this section.
(b) Personnel employed under this section:
(1) include court reporters, bailiffs, clerical staff, and any additional officers necessary for the proper administration of the circuit court; and
(2) are subject to the rules concerning employment and management of circuit court personnel adopted by the circuit court under section 12 of this chapter.
(b)
(c) Kosciusko County comprises the judicial district of the court.
(1) has been taken into custody in the county; and
(2) has allegedly committed an act that would be a misdemeanor traffic offense if committed by an adult.
(b) Seven (7) judges comprise the civil division. Four (4) judges comprise the criminal division. Four (4) judges comprise the county division. One (1) judge comprises the juvenile division. However, the court by rule may alter the number of judges assigned to a division
(c) The court by rule may reassign a judge of the court from one (1) division to another if the court determines that the change is necessary for the efficient operation of the court. The court by rule
(d) The chief judge of the court may assign a judge in one (1) division of the court to hear a case originating in another division of the court, and may reassign cases from one (1) judge to another, if the chief judge determines that the change is necessary for the efficient operation of the court.
(e) A judge of a division of the court who has not been appointed to the court under section 38 of this chapter is not eligible to be reassigned, rotated, or transferred to the other divisions of the court. However, a judge of a division of the court who has not been appointed to the court under section 38 of this chapter may apply to fill a vacancy in another division of the court through appointment as provided under this chapter.
immediately preceding the expiration of a judge's extended term, the
question of that judge's retention in office or rejection shall be
submitted to the electorate of Lake County under section 42 of this
chapter. Thereafter, unless rejected by the electorate, each judge shall
serve successive terms as provided in section 41(b) of this chapter.
(b) A judge of the county division may serve a successive term if
elected to serve a successive term under section 43 of this chapter.
serving on June 30, 2011, is subject to the question of the judge's
retention in office or rejection as provided in subsection (a) at the
expiration of the judge's term of office under the law in effect on
June 30, 2011.
(b) 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 five (5) members of the commission. The chairman, whenever the chairman considers a meeting necessary, or upon the request by any five (5) members of the commission for a meeting, shall give each member of the commission at least five (5) days written notice by mail of the date, time, and place of every meeting unless the commission at its previous meeting designated the date, time, and place of its next meeting.
(c) Meetings of the commission are to be held at the Lake County government center in Crown Point or another place, as the circuit court clerk of Lake County may arrange, at the direction of the chairman of the commission.
(d) The commission may act only at a public meeting. IC 5-14-1.5 applies to meetings of the commission. The commission may not meet
in executive session under IC 5-14-1.5-6.1 for the consideration of a
candidate for judicial appointment.
(e) The commission may act only by the concurrence of a majority
of its members attending a meeting. Five (5) members constitute a
quorum at a meeting.
(f) The commission may adopt reasonable and proper rules and
regulations for the conduct of its proceedings and the discharge of its
duties. These rules must provide for the receipt of public testimony
concerning the qualifications of candidates for nomination to the
governor.
(b) Unless rejected by the electorate of Lake County under section 42 of this chapter, a judge of the
the judge.
(1) Civil division.
(2) Criminal division.
(3) Juvenile division.
(b) At the general election, the question of the retention in office or
rejection of a judge described in subsection (a) shall be submitted to
the electorate of Lake County in the form prescribed by IC 3-11 and
must state "Shall Judge (insert name) of the superior court of Lake
County be retained in office for an additional term?".
(c) If a majority of the ballots cast by the electors voting on any
question is "Yes", the judge whose name appeared on the question shall
be approved for a six (6) year term beginning January 1 following the
general election as provided in section 41(b) of this chapter.
(d) If a majority of the ballots cast by the electors voting on any
question is "No", the judge whose name appeared on the question shall
be rejected. The office of the rejected judge is vacant on January 1
following the rejection. The vacancy shall be filled by appointment by
the governor under section 38 of this chapter.
(e) The Lake County election board shall submit the question of the
retention in office or rejection of a judge described in subsection (a) to
the electorate of Lake County. The submission of the question is
subject to the provisions of IC 3 that are not inconsistent with this
chapter.
(f) If a judge who is appointed does not desire to serve any further
term, the judge shall notify in writing the clerk of the Lake circuit court
at least sixty (60) days before any general election, in which case the
question of that judge's retention in office or rejection shall not be
submitted to the electorate, and the office becomes vacant at the
expiration of the term.
(1) Engage in the practice of law.
(2) Run for elective office.
(3) Take part in any political campaign.
(b) Failure to comply with this section is sufficient cause for the commission on judicial qualifications to recommend to the supreme court that the judge be censured or removed.
(c) A political party may not directly or indirectly campaign for or against a judge subject to retention or rejection under this chapter.
(b) The magistrate continues in office until removed by the judges of the
(1) A small claims and misdemeanor division under IC 33-28-3 that has:
(A) a small claims docket; and
(B) a minor offenses and violations docket.
(2) A criminal docket.
(3) A juvenile docket.
(4) A civil docket.
(5) A probate docket.
(6) A problem solving docket.
(b) The assignment of judges of the circuit court to the dockets specified in subsection (a) must be by rule of the circuit court.
shall select from among themselves a chief judge of the circuit
court. The chief judge shall be selected for a minimum term of
twelve (12) months.
(1) Ensure that the circuit court operates efficiently and judicially under rules adopted by the circuit court.
(2) Annually submit to the fiscal body of Madison County a budget for the court, including amounts necessary for:
(A) the operation of the circuit's probation department;
(B) the defense of indigents; and
(C) maintaining an adequate legal research facility.
(3) Make the appointments or selections required of a circuit or superior court judge.
(1) Allocation of case load.
(2) Legal representation for indigents.
(3) Budgetary matters of the circuit court.
(4) Operation of the probation department.
(5) Term of administration of the chief judge.
(6) Employment and management of circuit court personnel.
(7) Cooperative efforts with other courts for establishing and administering shared programs and facilities.
(b) The circuit court shall file with the division of state court administration a copy of the rules adopted under this section.
fiscal body of Madison County, employ personnel necessary for the
proper administration of the circuit court.
(b) Personnel employed under this section:
(1) include court reporters, bailiffs, clerical staff, and any
additional officers necessary for the proper administration of
the circuit court; and
(2) are subject to the rules concerning employment and
management of circuit court personnel adopted by the circuit
court under section 16 of this chapter.
(b) A court administrator appointed under this section is subject to the rules concerning employment and management of circuit court personnel adopted by the circuit court under section 16 of this chapter.
(b) The administrative officers shall perform the duties prescribed by the executive committee and shall operate under the jurisdiction of the executive committee and serve at the pleasure of the executive committee.
(c) The executive committee shall see that the court at all times is amply provided with supplies and sufficient clerical and other help, including extra reporters or bailiffs, when needed. Each judge shall appoint the judge's court reporters, bailiffs, secretary, commissioners, and clerks. In addition to the specified duties of this subsection, the executive committee shall exercise any other powers and duties that may be assigned to the executive committee by an order book entry signed by a two-thirds (2/3) majority of the judges. At least once each month, a general term conference of all superior division judges must be held, at which the presiding judge shall preside. A special order book must be kept for the court in which shall be entered all special rules, proceedings, and similar matters. During an absence or a
vacation of a judge who is a member of the executive committee, the
senior superior court judge shall act for the absent member, if
necessary.
(d) Notwithstanding any other law, a commissioner appointed under
this chapter has all of the powers and duties prescribed for a magistrate
under IC 33-23-5. However, the provisions of IC 33-23-5-11 requiring
the state to pay the salary of a magistrate do not require the state to pay
the salary of a commissioner appointed under this chapter.
(e) If a commissioner appointed under this chapter is appointed as
a magistrate in Marion County, the salary of that magistrate shall be
paid by the state under IC 33-23-5-11 in the same amount as other
magistrates are paid.
(f) The allocation of appointments of commissioners under this
chapter shall be determined by agreement between the judges of the
superior court and the judge of the circuit court with consideration
given to the case load of each court. However, notwithstanding any
other law, at least two (2) of the commissioners appointed under this
chapter shall be appointed by the judge of the circuit court.
(g) The:
(1) judge of the circuit court has exclusive authority to appoint
commissioners allocated to the circuit court; and
(2) judges of the superior court have exclusive authority to
appoint commissioners allocated to the superior court by a vote of
the majority of the judges of the superior court.
(h) Not more than a simple majority of the commissioners appointed
under this chapter may be from the same political party.
(i) Commissioners A commissioner appointed by the:
(1) judge of the circuit court serve serves at the pleasure of the
judge of the circuit court; and
(2) judges of the superior court continue continues in office until
removed by the vote of a majority of the judges of the superior
court. pursuant to local rule.
(1) remains fair and impartial in judicial functions;
(2) maintains a high standard of morality in dealings, public and private;
(3) remains physically and mentally capable of performing all the functions and duties of the office of judge; and
(4) continues to reside in Marion County.
(b) Complaints against a judge must be forwarded to the
commission on judicial qualifications as provided in IC 33-38-13 by
any judge of the superior court.
(c) A judge of the court must retire upon becoming seventy-five (75)
years of age. If the judge wishes to retire before the judge's term has
ended, or upon reaching the mandatory retirement age, the judge shall
provide written notice to the presiding judge of the court. The judge
shall continue to hold office until a successor has been appointed and
qualified.
(d) When a vacancy occurs in the court by death, removal,
retirement, or for any other reason, the governor shall appoint a
successor judge who serves the balance of the term of the vacating
judge. The successor judge must be a member of the same political
party as the judge who is to be succeeded.
(b)
(c) Putnam County comprises the judicial district of the court.
(b) To be eligible to hold office as judge of the court, a person must:
(1) be a resident of Tippecanoe County;
(b) To be eligible to hold office as judge of the court, a person must be:
(1) a resident of Tippecanoe County;
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. (a) Tipton County
constitutes the thirty-sixth judicial circuit.
(b) The Tipton circuit court has a standard small claims and
misdemeanor division.
(1) be a resident of Warrick County;
(b) To be eligible to hold office as judge of the court, a person must:
(1) be a resident of Wayne County;
(b) The rules of procedure for appeals must be in accordance with the rules established by the circuit court and superior court.
(c) The appellant shall pay all costs necessary for the filing of the case in the circuit court or superior court, as if the appeal were a case that had been filed initially in that court.
(b) An appeal from a judgment of a town court may be taken to the superior,
(c) A prisoner against whom punishment is adjudged by a city court may appeal to the circuit, superior, or probate court of the county within thirty (30) days after the judgment. If the prisoner, within the thirty (30) days, enters into recognizance for
(1) Circuit courts (Article 7, Section 7 of the Constitution of the State of Indiana, IC 33-28, and IC 33-33).
(2) Superior courts (IC 33-29 and IC 33-33).
(1) IC 33-37-4-1(a) (criminal costs fees).
(2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
(3) IC 33-37-4-3(a) (juvenile costs fees).
(4) IC 33-37-4-4(a) (civil costs fees).
(5) IC 33-37-4-6(a)(1) (small claims costs fees).
(6) IC 33-37-4-7(a) (probate costs fees).
(7) IC 33-37-5-17 (deferred prosecution fees).
(b) The county auditor shall determine the amount to be distributed to each city and town qualified under subsection (a) as follows:
STEP ONE: Determine the population of the qualified city or town.
STEP TWO: Add the populations of all qualified cities and towns determined under STEP ONE.
STEP THREE: Divide the population of each qualified city and town by the sum determined under STEP TWO.
STEP FOUR: Multiply the result determined under STEP THREE for each qualified city and town by the amount of the qualified municipality share.
(c) The county auditor shall distribute semiannually to each city and town described in subsection (a) the amount computed for that city or town under STEP FOUR of subsection (b).
(d) This section applies after June 30, 2005.
(1) judicial circuit containing more than one (1) county;
shall be paid two thousand dollars ($2,000) per year to reimburse the judge for traveling and other necessary expenses. Two thousand dollars ($2,000) for each judge is appropriated annually from the state general fund not otherwise appropriated.
(b) The membership of the judicial conference consists of the following:
(1) All justices of the supreme court.
(2) All judges of the court of appeals.
(3) The judge of the tax court.
(4) All circuit, superior, and probate
(5) All municipal court judges who are serving on a full-time basis.
(6) Any retired judge who serves as a special judge and notifies the conference of the service.
(c) A full-time magistrate under IC 33-23-5 is a nonvoting member
of the conference.
(1) a competent attorney admitted to the practice of law in Indiana; and
(2) a resident of the judicial district of the court after the temporary judge's appointment.
The temporary judge's appointment must be in writing. The temporary judge continues in office until removed by the judge.
(b) A temporary juvenile law judge may be appointed under this subsection for the exclusive purpose of hearing cases arising under IC 31-30 through IC 31-40. The appointment shall be made under an agreement between at least two (2) judges of courts located:
(1) in the same county; or
(2) in counties that are adjacent to each other.
(c) An agreement under subsection (b) must:
(1) be filed with the circuit court clerk of each county in which a court subject to the agreement is located;
(2) specify the duration of the agreement, which may not exceed one (1) year; and
(3) permit a judge to end the participation of a court in the agreement.
(1) Take and certify all acknowledgments of deeds, mortgages, or other instruments of writing required or authorized by law to be acknowledged.
(2) Administer oaths generally.
(3) Take and certify affidavits, examinations, and depositions.
(4) Perform any duty conferred upon a notary public by Indiana statutes.
(b) Any official reporter taking examinations and depositions may:
(1) take them in shorthand;
(2) transcribe them into typewriting or longhand; and
(3) have them signed by the deposing witness.
(c) Before performing any official duty as authorized, an official reporter must:
(1) provide a bond as is required for notaries public; and
(2) procure a seal that will stamp a distinct impression indicating the reporter's official character, to which may be added any other device as the reporter chooses.
(1) in person; or
(2) represented by an attorney.
(b) If the state of Indiana is a party to a civil action filed on the small claims docket of a circuit court or superior court,
(c) A corporation and any organization required to make application to the secretary of state under IC 25-11-1-3 must appear by attorney in all cases. However, corporations organized under:
(1) IC 23-1;
(2) IC 23-1.5;
(3) IC 23-7-1.1 (before its repeal on August 1, 1991); or
(4) IC 23-17;
are not required to appear by attorney in civil cases filed on a small claims docket of a circuit or superior
(1) in the name of the state or the state and the unit that employed the law enforcement officers who made the seizure if the state was not the employer; and
(2) within the period that a prosecution may be commenced under IC 35-41-4-2 for the offense that is the basis for the seizure.
(b) If the property seized was a vehicle or real property, the prosecuting attorney shall serve, under the Indiana Rules of Trial Procedure, a copy of the complaint upon each person whose right, title, or interest is of record in the bureau of motor vehicles, in the county recorder's office, or other office authorized to receive or record vehicle or real property ownership interests.
(c) The owner of the seized property, or any person whose right, title, or interest is of record may, within twenty (20) days after service of the complaint under the Indiana Rules of Trial Procedure, file an answer to the complaint and may appear at the hearing on the action.
(d) If, at the end of the time allotted for an answer, there is no answer on file, the court, upon motion, shall enter judgment in favor of the state and the unit (if appropriate) for reimbursement of law enforcement costs and shall order the property disposed of in accordance with section 4 of this chapter.
(1) The sum of twenty dollars ($20) per day for each day or part of a day actually served.
(2) For each mile necessarily traveled each day in going to and returning from the place where the court is being held, a sum for mileage equal to that sum per mile paid to state officers and employees. The rate per mile shall change each time the state government changes its rate per mile.
(b) If such judge pro tempore is a resident of another county, the judge pro tempore shall be paid an additional sum of twenty dollars ($20) for each day or part of a day actually served, making a total of forty dollars ($40).
(c) The judge pro tempore shall be paid on the presentation of:
(1) an order made by the court for the allowance, specifying the days of service and mileage, if any, supported by the affidavit of the judge pro tempore that the judge pro tempore actually served the days, and the miles traveled were necessary; and
(2) an affidavit of the regular judge stating the reason for the service of the judge pro tempore.
(d) The payment under subsection (c) shall be paid out of the county treasury for the time being, for which the county shall have credit on settlement with the treasurer of state.
(e) In change of venue from one (1) court to another court of the same county, or from one (1) judge to another judge of the same county, the compensation provided for in this section does not apply, unless the other court or judge to which the change is taken is situated in another city in the same county.
(f) A full-time judge of a circuit or superior
expenses for meals, lodging, travel, and other incidental expenses
approved by the state court administrator.
(1) by any law enforcement officer;
(2) on any day of the week; and
(3) at any time of the day or night.
(b) A law enforcement officer may break open any outer or inner door or window in order to execute an arrest warrant, if
(c) The accused person shall be delivered to the sheriff of the county in which the indictment or information was filed, and the sheriff shall commit the accused person to jail or hold
(d) A person or persons whose property is wrongfully damaged or whose person is wrongfully injured by any law enforcement officer or officers who wrongfully enter may recover such damage from the responsible authority and the law enforcement officer or officers as the court may determine. The action may be filed in the circuit court or superior court
(b) A search warrant must be:
(1) executed not more than ten (10) days after the date of issuance; and
(2) returned to the court without unnecessary delay after the execution.
(c) A search warrant may be executed:
(1) on any day of the week; and
(2) at any time of the day or night.
(d) A law enforcement officer may break open any outer or inner door or window in order to execute a search warrant, if
(e) A person or persons whose property is wrongfully damaged or whose person is wrongfully injured by any law enforcement officer or officers who wrongfully enter may recover such damage from the responsible authority and the law enforcement officer or officers as the court may determine. The action may be filed in the circuit court or superior court
(1) a superior
(2) two (2) or more courthouses in which branches of county offices are maintained;
the deputies in charge of the various courts or branches rank as, and shall be compensated as, first or chief deputies.
; (11)HE1266.1.113. --> SECTION 113. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2011]: IC 33-30-3-1; IC 33-33-43-3; IC 33-33-47-3; IC 33-33-48-3.
; (11)HE1266.1.114. --> SECTION 114. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2011]: IC 33-33-45-39; IC 33-33-45-43.
; (11)HE1266.1.115. --> SECTION 115. THE FOLLOWING ARE REPEALED [EFFECTIVE JANUARY 1, 2012]: IC 3-8-1-18; IC 33-23-7; IC 33-30; IC 33-31-1-10; IC 33-31-1-23; IC 33-33-1-4; IC 33-33-1-5; IC 33-33-2-20; IC 33-33-3-7; IC 33-33-3-8; IC 33-33-5-5; IC 33-33-5-6; IC 33-33-6-5; IC 33-33-6-7; IC 33-33-6-8; IC 33-33-8-4; IC 33-33-8-5; IC 33-33-9-5; IC 33-33-9-6; IC 33-33-10-1; IC 33-33-10-3; IC 33-33-10-4; IC 33-33-10-5; IC 33-33-10-6; IC 33-33-10-8; IC 33-33-10-9; IC 33-33-10-10; IC 33-33-10-11; IC 33-33-10-12; IC 33-33-10-13; IC 33-33-11-5; IC 33-33-11-6; IC 33-33-12-4; IC 33-33-12-5; IC 33-33-14-4; IC 33-33-14-5; IC 33-33-15-5; IC 33-33-15-6; IC 33-33-16-4; IC 33-33-16-5; IC 33-33-17-6; IC 33-33-17-7; IC 33-33-19-5; IC 33-33-19-6; IC 33-33-20-6; IC 33-33-20-7; IC 33-33-21-4; IC 33-33-21-5; IC 33-33-22-5; IC 33-33-22-7; IC 33-33-25-4; IC 33-33-25-5; IC 33-33-26-4; IC 33-33-26-5; IC 33-33-27-9; IC 33-33-27.2-6; IC 33-33-27.3-4; IC 33-33-27.3-12; IC 33-33-28-4; IC 33-33-28-5; IC 33-33-29-7; IC 33-33-29-8; IC 33-33-30-9; IC 33-33-30-10; IC 33-33-31-4; IC 33-33-31-5; IC 33-33-32-8; IC 33-33-32-9; IC 33-33-33-2; IC 33-33-33-3; IC 33-33-33-4; IC 33-33-33-5; IC 33-33-33-6; IC 33-33-33-7; IC 33-33-34-18; IC 33-33-34-19; IC 33-33-35-5; IC 33-33-35-6; IC 33-33-36-4; IC 33-33-36-5; IC 33-33-37-7; IC 33-33-37-8; IC 33-33-38-4; IC 33-33-38-5; IC 33-33-39-4; IC 33-33-39-5; IC 33-33-40-4; IC 33-33-40-5;
IC 33-33-41-7; IC 33-33-41-8; IC 33-33-42-6; IC 33-33-42-7;
IC 33-33-43-6; IC 33-33-43-7; IC 33-33-44-4; IC 33-33-44-5;
IC 33-33-46-7; IC 33-33-46-8; IC 33-33-47-8; IC 33-33-47-9;
IC 33-33-48-2; IC 33-33-48-4; IC 33-33-48-5; IC 33-33-48-6;
IC 33-33-48-7; IC 33-33-48-8; IC 33-33-48-9; IC 33-33-48-10;
IC 33-33-48-11; IC 33-33-49-9; IC 33-33-50-4; IC 33-33-50-5;
IC 33-33-52-4; IC 33-33-52-5; IC 33-33-54-4; IC 33-33-54-6;
IC 33-33-55-9; IC 33-33-55-10; IC 33-33-56-5; IC 33-33-56-6;
IC 33-33-57-4; IC 33-33-57-5; IC 33-33-59-5; IC 33-33-59-6;
IC 33-33-64-5; IC 33-33-64-22; IC 33-33-65-4; IC 33-33-65-5;
IC 33-33-66-4; IC 33-33-66-5; IC 33-33-67-5; IC 33-33-67-6;
IC 33-33-68-4; IC 33-33-68-5; IC 33-33-69-4; IC 33-33-69-5;
IC 33-33-70-4; IC 33-33-70-5; IC 33-33-71-8; IC 33-33-71-9;
IC 33-33-72-4; IC 33-33-72-5; IC 33-33-73-6; IC 33-33-73-7;
IC 33-33-76-4; IC 33-33-76-5; IC 33-33-77-4; IC 33-33-77-5;
IC 33-33-79-6; IC 33-33-79.2-6; IC 33-33-79.3-4; IC 33-33-79.4-4;
IC 33-33-79.4-13; IC 33-33-82-9; IC 33-33-82-10; IC 33-33-84-5;
IC 33-33-84-21; IC 33-33-85-4; IC 33-33-85-5; IC 33-33-87-6;
IC 33-33-87-15; IC 33-33-88-4; IC 33-33-88-5; IC 33-33-89-7;
IC 33-33-89.2-7; IC 33-33-89.3-4; IC 33-33-89.3-12; IC 33-33-90-4;
IC 33-33-90-5; IC 33-33-91-4; IC 33-33-91-5; IC 33-33-92-5;
IC 33-33-92-6; IC 34-28-5-10.
(b) The judges of the Clark circuit court and Clark superior courts serving on December 31, 2011, shall serve as judges of the following Clark circuit court divisions established by IC 33-33-10-2.5, as added by this act, beginning January 1, 2012:
(1) The judge of the Clark circuit court shall serve as the initial judge of Clark circuit court No. 1.
(2) The judge of Clark superior court No. 2 shall serve as the initial judge of Clark circuit court No. 2.
(3) The judge of Clark superior court No. 3 shall serve as the initial judge of Clark circuit court No. 3.
(4) The judge of Clark superior court No. 1 shall serve as the
initial judge of Clark circuit court No. 4.
(c) The superior courts for Clark County are abolished as of
January 1, 2012. All cases and other matters pending in the Clark
superior courts at the close of business on December 31, 2011, shall
be transferred to the Clark circuit court on January 1, 2012. A case
or other matter transferred under this SECTION shall be treated
as if the case or other matter were originally filed in the Clark
circuit court.
(d) On January 1, 2012, all property and obligations of the
Clark superior courts become the property and obligations of the
Clark circuit court.
(e) This SECTION expires January 1, 2017.
(b) The superior courts for Henry County are abolished as of July 1, 2011. All cases and other matters pending in the Henry superior courts at the close of business on June 30, 2011, shall be transferred to the Henry circuit court on July 1, 2011. A case or other matter transferred under this SECTION shall be treated as if the case or other matter were originally filed in the Henry circuit court.
(c) On July 1, 2011, all property and obligations of the Henry superior courts become the property and obligations of the Henry circuit court.
(d) This SECTION expires January 1, 2017.
(b) The superior court for Madison County is abolished as of July 1, 2011. All cases and other matters pending in the Madison
superior court at the close of business on June 30, 2011, shall be
transferred to the Madison circuit court on July 1, 2011. A case or
other matter transferred under this SECTION shall be treated as
if the case or other matter were originally filed in the Madison
circuit court.
(c) On July 1, 2011, all property and obligations of the Madison
superior court become the property and obligations of the Madison
circuit court.
(d) This SECTION expires January 1, 2017.
(b) Except as provided in subsection (c), the question of retention or rejection of a judge of the county division of the Lake superior court described in IC 33-33-45-25, as amended by this act, shall be placed on the ballot at the general election immediately preceding the date on which the term of the judge occupying the position on June 30, 2011, would have terminated under the law in effect on June 30, 2011.
(c) A vacancy that occurs on the Lake superior court county division after June 30, 2011, shall be filled as provided in IC 33-33-45-34, as amended by this act. A person appointed to fill a vacancy under this subsection serves an initial term as provided in IC 33-33-45-41, as amended by this act.
(d) This SECTION expires January 2, 2017.
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