Bill Text: IN SB0312 | 2011 | Regular Session | Introduced
Bill Title: City and town court judges.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-01-10 - First reading: referred to Committee on Judiciary [SB0312 Detail]
Download: Indiana-2011-SB0312-Introduced.html
Introduced Version
SENATE BILL No. 312
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 3-8-1; IC 33-35-5.
Synopsis: City and town court judges. 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, 2011; 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 Repeals a superseded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. (The
introduced version of this bill was prepared by the commission on
courts.)
Effective: June 29, 2011; July 1, 2011.
Head
January 10, 2011, read first time and referred to Committee on Judiciary.
Introduced
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. 312
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 3-8-1-1.5; (11)IN0312.1.1. -->
SECTION 1. IC 3-8-1-1.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1.5. (a) This section
applies to a candidate for any of the following offices:
(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
(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.
SOURCE: IC 3-8-1-28.5; (11)IN0312.1.2. -->
SECTION 2. IC 3-8-1-28.5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 28.5. (a) This section
does not apply to a candidate for the office of 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).
(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)This subsection applies to a candidate for the office of judge of
a city court listed in IC 33-35-5-7(c). Before a candidate for the office
of judge of the a city 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.
SOURCE: IC 33-35-5-7; (11)IN0312.1.3. -->
SECTION 3. IC 33-35-5-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 7. (a) A city court is not
a court of record.
(b) A town court is not a court of record.
(c) A person selected as judge ofthe following courts a city court
or town court must be an attorney in good standing under the
requirements of the supreme court:
(1) Anderson city court.
(2) Avon town court.
(3) Brownsburg town court.
(4) Carmel city court.
(5) A city or town court located in Lake County.
(6) Muncie city court.
(7) Noblesville city court.
(8) Plainfield town court.
(9) Greenwood city court.
(10) Martinsville city court.
admitted to the practice of law in Indiana.
(b) A town court is not a court of record.
(c) A person selected as judge of
admitted to the practice of law in Indiana.
SOURCE: IC 33-35-5-7.5; (11)IN0312.1.4. -->
SECTION 4. IC 33-35-5-7.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JUNE
29, 2011]: Sec. 7.5. (a) Notwithstanding section 7 of this chapter, a
person who is a judge of a city or town court:
(1) serving on June 30, 2011; and
(2) who is not an attorney in good standing admitted to the practice of law in Indiana;
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, 2011.
(b) A person who is a judge of a city or town court:
(1) serving on June 30, 2011; and
(2) who is not an attorney in good standing admitted to the practice of law in Indiana;
may not run for election as a city or town court judge after June 30, 2011, unless the person is an attorney in good standing admitted to the practice of law in Indiana.
(1) serving on June 30, 2011; and
(2) who is not an attorney in good standing admitted to the practice of law in Indiana;
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, 2011.
(b) A person who is a judge of a city or town court:
(1) serving on June 30, 2011; and
(2) who is not an attorney in good standing admitted to the practice of law in Indiana;
may not run for election as a city or town court judge after June 30, 2011, unless the person is an attorney in good standing admitted to the practice of law in Indiana.
SOURCE: IC 3-8-1-29.5; (11)IN0312.1.5. -->
SECTION 5. IC 3-8-1-29.5 IS REPEALED [EFFECTIVE JULY 1,
2011].
SOURCE: ; (11)IN0312.1.6. -->
SECTION 6. [EFFECTIVE JULY 1, 2011] (a) Notwithstanding
any provision in IC 3 to the contrary concerning placement of a
candidate's name on a ballot, if an election for a city or town court
judgeship will occur on November 8, 2011, a person who is
otherwise qualified to run for the judgeship is only required to file
a declaration of candidacy before August 1, 2011, to have the
person's name placed on the ballot as a candidate for the
judgeship.
(b) This SECTION expires January 1, 2012.
(b) This SECTION expires January 1, 2012.
SOURCE: ; (11)IN0312.1.7. -->
SECTION 7. An emergency is declared for this act.
