Courts and court officers.
Introduced Version
SENATE BILL No. 213
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 33-33.
Synopsis: Courts and court officers. Allows the judge of the Allen
circuit court to appoint a second full-time magistrate. Removes the
judge's authority to appoint a hearing officer: (1) who has the powers
of a magistrate; and (2) whose salary is paid by the county. Adds a third
judge to the Bartholomew superior court as of January 1, 2013. Allows
the judges of the Hamilton superior court to jointly appoint a third
magistrate. Adds a fourth judge to the Johnson superior court as of
January 1, 2015. Allows the judges of the Warrick circuit and superior
courts to jointly appoint a magistrate. (The introduced version of this
bill was prepared by the commission on courts.)
Effective: July 1, 2011.
Bray
January 5, 2011, read first time and referred to Committee on Judiciary.
Introduced
First Regular Session 117th General Assembly (2011)
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SENATE BILL No. 213
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 33-33-2-3; (11)IN0213.1.1. -->
SECTION 1. IC 33-33-2-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. The judge of the
Allen circuit court may appoint one (1) two (2) full-time magistrate
magistrates under IC 33-23-5. The A magistrate continues in office
until removed by the judge.
SOURCE: IC 33-33-2-4; (11)IN0213.1.2. -->
SECTION 2. IC 33-33-2-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 4. (a) The Allen circuit
court has concurrent jurisdiction with the Allen superior court
concerning paternity actions.
(b) In addition to the magistrate appointed under section 3 of this
chapter, the judge of the Allen circuit court may appoint a hearing
officer with the powers of a magistrate under IC 33-23-5. The hearing
officer continues in office until removed by the judge.
(c) The salary of a hearing officer appointed under subsection (b) is
equal to that of a magistrate under IC 33-23-5. The hearing officer's
salary must be paid by the county. The hearing officer is a county
employee.
SOURCE: IC 33-33-3-2; (11)IN0213.1.3. -->
SECTION 3. IC 33-33-3-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. (a) There are created
two (2) three (3) courts of record to be known as Bartholomew
superior court No. 1, and Bartholomew superior court No. 2, and
Bartholomew superior court No. 3.
(b) Each court is a standard superior court as described in
IC 33-29-1.
(c) Bartholomew County comprises the judicial district of each
court.
SOURCE: IC 33-33-29-6; (11)IN0213.1.4. -->
SECTION 4. IC 33-33-29-6, AS AMENDED BY P.L.234-2007,
SECTION 212, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 6. The judges of the Hamilton
superior court may jointly appoint two (2) three (3) full-time
magistrates under IC 33-23-5. A magistrate continues in office until
removed by the judges of the superior court.
SOURCE: IC 33-33-41-3; (11)IN0213.1.5. -->
SECTION 5. IC 33-33-41-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. (a) There are
established three (3) four (4) courts of record to be known as the
Johnson superior court No. 1, Johnson superior court No. 2, and
Johnson superior court No. 3, and Johnson superior court No. 4.
(b) Except as otherwise provided in this chapter, each Johnson
superior court is a standard superior court as described in IC 33-29-1.
(c) Johnson County comprises the judicial district of each court.
SOURCE: IC 33-33-41-4; (11)IN0213.1.6. -->
SECTION 6. IC 33-33-41-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 4. (a) The Johnson
superior court No. 1 and Johnson superior court No. 2 each have one
(1) judge who shall hold sessions in the Johnson County courthouse in
Franklin.
(b) The Johnson superior court No. 3 has and Johnson superior
court No. 4 each have one (1) judge who shall hold sessions in a place
to be determined and provided by the board of county commissioners
of Johnson County.
SOURCE: IC 33-33-87-2; (11)IN0213.1.7. -->
SECTION 7. IC 33-33-87-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. (a) Warrick County
constitutes the second judicial circuit.
(b) The judge of the Warrick circuit court and the judges of the
Warrick superior courts may jointly appoint one (1) full-time
magistrate under IC 33-23-5 to serve the circuit and superior
courts.
(c) The magistrate continues in office until removed by the
judge of the Warrick circuit court and the judges of the Warrick
superior courts.
SOURCE: ; (11)IN0213.1.8. -->
SECTION 8. [EFFECTIVE JULY 1, 2011] (a) Notwithstanding
IC 33-33-3-2, as amended by this act, the Bartholomew superior
court is not expanded to three (3) judges until January 1, 2013.
(b) The initial election of the judge of the Bartholomew superior
court No. 3 added by IC 33-33-3-2, as amended by this act, is the
general election on November 6, 2012. The term of the initially
elected judge begins January 1, 2013.
(c) This SECTION expires January 2, 2013.
SOURCE: ; (11)IN0213.1.9. -->
SECTION 9. [EFFECTIVE JULY 1, 2011]
(a) Notwithstanding
IC 33-33-41-3 and IC 33-33-41-4, both as amended by this act, the
Johnson superior court No. 4 is not established until January 1,
2015.
(b) The initial election of the judge of the Johnson superior
court No. 4 added by IC 33-33-41-3 and IC 33-33-41-4, both as
amended by this act, is the general election on November 4, 2014.
The term of the initially elected judge begins January 1, 2015.
(c) This SECTION expires January 2, 2015.