Bill Text: IN SB0091 | 2011 | Regular Session | Amended
Bill Title: Henry and Madison unified circuit courts.
Sponsorship: Slight Partisan Bill (Republican 2-1)
Status: (Engrossed - Dead) 2011-03-28 - First reading: referred to Committee on Courts and Criminal Code [SB0091 Detail]
Download: Indiana-2011-SB0091-Amended.html
January 28, 2011
SENATE BILL No. 91
_____
DIGEST OF SB 91
(Updated January 26, 2011 4:14 pm - DI 106)
Citations Affected: IC 33-33; noncode.
Synopsis: Henry and Madison unified circuit courts. Establishes: (1)
a unified circuit court for Henry County by combining the current judge
of the Henry circuit court and the two judges of the Henry superior
court into a unified circuit court with three judges; and (2) a unified
circuit court for Madison County by combining the current judge of the
Madison circuit court and the five judges of the Madison superior court
into a unified circuit court with six judges. Specifies that the Henry
superior court judges and Madison superior court judges serving on
June 30, 2011, serve as judges of their respective unified circuit courts
beginning July 1, 2011. Transfers all cases and other matters pending
in the Henry superior court and Madison superior court at the close of
business on June 30, 2011, to their respective circuit courts on July 1,
2011. Repeals provisions concerning the establishment and operation
of the Henry superior court and Madison superior court.
Effective: June 30, 2011; July 1, 2011.
Bray, Lanane, Gard
January 5, 2011, read first time and referred to Committee on Judiciary.
January 27, 2011, reported favorably _ Do Pass.
January 28, 2011
First Regular Session 117th General Assembly (2011)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
SENATE BILL No. 91
A BILL FOR AN ACT to amend the Indiana Code concerning
courts and court officers.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 33-33-33-8; (11)SB0091.1.1. -->
SECTION 1. IC 33-33-33-8 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 8. (a) The Henry circuit court is a court of general
jurisdiction with three (3) judges. The divisions of the court shall
be known as Henry circuit court No. 1, No. 2, and No. 3. Henry
County constitutes the judicial district of the court and each of the
court's divisions. The court shall maintain the following:
(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.
(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.
SOURCE: IC 33-33-33-9; (11)SB0091.1.2. -->
SECTION 2. IC 33-33-33-9 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 9. The judges of the circuit court shall select from
among themselves a presiding judge of the circuit court.
SOURCE: IC 33-33-33-10; (11)SB0091.1.3. -->
SECTION 3. IC 33-33-33-10 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 10. When any action of the entire
circuit court is required, the judges of the circuit court shall act in
concert. If the judges disagree, the decision of the majority of the
judges present and voting controls.
SOURCE: IC 33-33-33-11; (11)SB0091.1.4. -->
SECTION 4. IC 33-33-33-11 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 11. In accordance with rules
adopted by the judges of the circuit court under section 12 of this
chapter, the presiding judge shall do the following:
(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 circuit's probation department.
(B) The defense of indigents.
(3) Make the appointments or selections required of a circuit or superior court judge.
(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 circuit's probation department.
(B) The defense of indigents.
(3) Make the appointments or selections required of a circuit or superior court judge.
SOURCE: IC 33-33-33-12; (11)SB0091.1.5. -->
SECTION 5. IC 33-33-33-12 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 12. (a) The judges of the circuit
court shall adopt rules to provide for the administration of the
circuit court, including rules governing the following:
(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.
(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.
SOURCE: IC 33-33-33-13; (11)SB0091.1.6. -->
SECTION 6. IC 33-33-33-13 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 13. (a) Each judge of the circuit
court may, subject to the budget approved for the court by the
fiscal body of Henry County, employ personnel necessary for the
proper administration of the judge's docket.
(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.
SOURCE: IC 33-33-48-7.5; (11)SB0091.1.7. -->
SECTION 7. IC 33-33-48-7.5, AS ADDED BY P.L.246-2005,
SECTION 221, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 7.5. (a) The judges of the Madison
superior circuit court may jointly appoint one (1) full-time magistrate
under IC 33-23-5 to serve the superior circuit court.
(b) The magistrate continues in office until removed by the judges of thesuperior circuit court.
(b) The magistrate continues in office until removed by the judges of the
SOURCE: IC 33-33-48-12; (11)SB0091.1.8. -->
SECTION 8. IC 33-33-48-12 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 12. (a) The Madison circuit court
is a court of general jurisdiction with six (6) judges. The divisions
of the court shall be known as Madison circuit court No. 1, No. 2,
No. 3, No. 4, No. 5, and No. 6. Madison County constitutes the
judicial district of the court and each of the court's divisions. The
court shall maintain the following:
(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.
(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.
SOURCE: IC 33-33-48-13; (11)SB0091.1.9. -->
SECTION 9. IC 33-33-48-13 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 13. The judges 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.
SOURCE: IC 33-33-48-14; (11)SB0091.1.10. -->
SECTION 10. IC 33-33-48-14 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 14. When any action of the entire
circuit court is required, the judges of the circuit court shall act in
concert. If the judges disagree, the decision of the majority of the
judges present and voting controls.
SOURCE: IC 33-33-48-15; (11)SB0091.1.11. -->
SECTION 11. IC 33-33-48-15 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 15. In accordance with rules
adopted by the judges of the circuit court under section 16 of this
chapter, the chief judge shall do the following:
(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) 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.
SOURCE: IC 33-33-48-16; (11)SB0091.1.12. -->
SECTION 12. IC 33-33-48-16 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 16. (a) The judges of the circuit
court shall adopt rules to provide for the administration of the
circuit court, including rules governing the following:
(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.
(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.
SOURCE: IC 33-33-48-17; (11)SB0091.1.13. -->
SECTION 13. IC 33-33-48-17 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 17. (a) Each judge of the circuit
court may, subject to the budget approved for the court by the
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.
SOURCE: IC 33-33-48-18; (11)SB0091.1.14. -->
SECTION 14. IC 33-33-48-18 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 18. (a) Subject to the budget
approved for the circuit court by the fiscal body of Madison
County, the circuit court may appoint a court administrator.
(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 circuit court under section 16 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 circuit court under section 16 of this chapter.
SOURCE: 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 33-33-48-2; IC 33-33-48-3;
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.
; (11)SB0091.1.15. --> SECTION 15. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2011]: 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 33-33-48-2; IC 33-33-48-3; 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.
; (11)SB0091.1.15. --> SECTION 15. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2011]: 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 33-33-48-2; IC 33-33-48-3; 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.
SOURCE: ; (11)SB0091.1.16. -->
SECTION 16. [EFFECTIVE JUNE 30, 2011] (a) A judge of a
Henry superior court established by IC 33-33-33-2, as repealed by
this act, serving on the Henry superior court on June 30, 2011, is
entitled to serve as one (1) of the two (2) judges added to the Henry
circuit court under IC 33-33-33-8, as added by this act, for a term
beginning July 1, 2011. The judge may serve as judge of the Henry
circuit court until the expiration of the Henry superior court term
that the judge was serving under the law in effect on June 30, 2011.
(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 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.
SOURCE: ; (11)SB0091.1.17. -->
SECTION 17. [EFFECTIVE JUNE 30, 2011] (a) A judge of the
Madison superior court established by IC 33-33-48-2, as repealed
by this act, serving on the Madison superior court on June 30,
2011, is entitled to serve as one (1) of the five (5) judges added to
the Madison circuit court under IC 33-33-48-12, as added by this
act, for a term beginning July 1, 2011. The judge may serve as
judge of the Madison circuit court until the expiration of the
Madison superior court term that the judge was serving under the
law in effect on June 30, 2011.
(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) 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.
