Bill Text: IN SB0122 | 2010 | Regular Session | Introduced
Bill Title: City and town courts.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-05 - First reading: referred to Committee on Judiciary [SB0122 Detail]
Download: Indiana-2010-SB0122-Introduced.html
Citations Affected: IC 3-8-1; IC 33-35.
Synopsis: City and town courts. Requires the judge of a city or town
court to be an attorney in good standing admitted to the practice of law
in Indiana. Allows a person who is: (1) a judge of a city or town court
serving on June 30, 2010; and (2) not an attorney in good standing
admitted to the practice of law in Indiana; to continue to serve only for
the remainder of the person's term. Repeals a superseded provision
concerning qualifications for town court judges. Provides that: (1) the
city courts and town courts in Lake County; and (2) the city court in a
second class city; have original and concurrent civil jurisdiction with
the circuit court and superior courts of the county in which the city and
town courts are located over: (A) civil actions in which the amount
sought or value of the property sought to be recovered is not more than
$6,000; (B) possessory actions between landlord and tenant in which
the rent due at the time the action is filed does not exceed $6,000; and
(C) emergency possessory actions between a landlord and tenant.
Provides that a city court in a second class city is a court of record.
Effective: July 1, 2010.
January 5, 2010, read first time and referred to Committee on Judiciary.
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.
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A BILL FOR AN ACT to amend the Indiana Code concerning
courts and court officers.
(1) Judge of a city court in a city located in a county having a population of more than two hundred thousand (200,000) but less than three hundred thousand (300,000).
(2) Judge of a town court.
(b) A person is not qualified to run for an office subject to this section unless not later than the deadline for filing the declaration or petition of candidacy or certificate of nomination the person is registered to vote in a county in which the municipality is located.
(c) Before a candidate for the office of judge of a city court described in subsection (a)(1) or a town court may file a:
(1) declaration of candidacy or petition of nomination;
(2) certificate of candidate selection under IC 3-13-1-15 or IC 3-13-2-8; or
(3) declaration of intent to be a write-in candidate or
certificate of nomination under IC 3-8-2-2.5 or IC 3-10-6-12;
the candidate must be an attorney in good standing admitted to the
practice of law in Indiana.
(b) A candidate for the office of judge of a city court must reside in the city upon filing a declaration of candidacy or declaration of intent to be a write-in candidate required under IC 3-8-2, a petition of nomination under IC 3-8-6, or a certificate of nomination under IC 3-10-6-12.
(c) A candidate for the office of judge of a city court must reside in a county in which the city is located upon the filing of a certificate of candidate selection under IC 3-13-1-15 or IC 3-13-2-8.
(d)
(1) declaration of candidacy or petition of nomination;
(2) certificate of candidate selection under IC 3-13-1-15 or IC 3-13-2-8; or
(3) declaration of intent to be a write-in candidate or certificate of nomination under IC 3-8-2-2.5 or IC 3-10-6-12;
the candidate must be an attorney in good standing admitted to the practice of law in Indiana.
(1) city
(2) city court in a second class city not otherwise described in subdivision (1);
have the jurisdiction described in subsection (b).
(b) The city and town courts described in subsection (a) have original and concurrent civil jurisdiction with the circuit court and the superior courts of the county
(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.
(c) A city or town court has jurisdiction in any action where the
parties or the subject matter are in the county in which the city or town
is located.
(d) However, the a city or town court does not have jurisdiction in:
(1) actions for slander or libel;
(2) matters relating to decedents' estates, appointment of
guardians, and all related matters;
(3) dissolution of marriage actions; or
(4) injunction or mandate actions.
(b) A city court in a second class city is a court of record.
admitted to the practice of law in Indiana.
(1) serving on June 30, 2010; and
(2) who is not an attorney in good standing admitted to the practice of law in Indiana as required by section 7 of this chapter;
shall continue to serve as judge of the city or town court for the remainder of the person's term in effect on June 30, 2010. This subsection expires January 1, 2012.
(b) A person who is a judge of a city or town court:
(1) serving on June 30, 2010; and
(2) who is not an attorney in good standing admitted to the practice of law in Indiana as required by section 7 of this chapter;
may not run for election as a city or town court judge after June 30, 2010, unless the person is an attorney in good standing admitted to the practice of law in Indiana as required by section 7 of this chapter.
