Bill Text: IN SB0463 | 2011 | Regular Session | Enrolled


Bill Title: Mandatory retirement age for trial court judges.

Spectrum: Moderate Partisan Bill (Republican 4-1)

Status: (Passed) 2011-05-18 - Effective 07/01/2011 [SB0463 Detail]

Download: Indiana-2011-SB0463-Enrolled.html


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 this style type.
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    SENATE ENROLLED ACT No. 463



     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 33-29-1-3; (11)SE0463.1.1. -->
    SECTION 1. IC 33-29-1-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. (a) A standard superior court judge is elected at the general election every six (6) years in the county in which the court is located. The judge's term begins January 1 following the election and ends December 31 following the election of the judge's successor.
    (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;
        (2) less than seventy (70) years of age at the time the judge takes office; and
        (3) (2) admitted to practice law in Indiana.
SOURCE: IC 33-33-22-2; (11)SE0463.1.2. -->     SECTION 2. IC 33-33-22-2, AS AMENDED BY P.L.82-2010, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. (a) There are established three (3) courts of record to be known as the Floyd superior court No. 1, Floyd superior court No. 2, and Floyd superior court No. 3.
    (b) Except as provided in section 3 of this chapter, Each Floyd superior court is a standard superior court as described in IC 33-29-1.
    (c) Floyd County comprises the judicial district of each court.
SOURCE: IC 33-33-22-3; (11)SE0463.1.3. -->     SECTION 3. IC 33-33-22-3, AS AMENDED BY P.L.82-2010,

SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. (a) IC 33-29-1-3 does not apply to this section.
    (b) Each Floyd superior court has one (1) judge. who shall be elected at the general election every six (6) years in Floyd County. A judge's term begins January 1 following the judge's election and ends December 31 following the election of the judge's successor.

SOURCE: IC 33-33-27.3-3; (11)SE0463.1.4. -->     SECTION 4. IC 33-33-27.3-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. (a) The court has one (1) judge who shall be elected at the general election every six (6) years in Grant County. The judge's term begins January 1 following the election and ends December 31 following the election of the judge's successor.
    (b) To be eligible to hold office as a judge of the court, a person must be:
        (1) a resident of Grant County;
        (2) less than seventy (70) years of age at the time of taking office; and
        (3) (2) admitted to the practice of law in Indiana.
SOURCE: IC 33-33-30-3; (11)SE0463.1.5. -->     SECTION 5. IC 33-33-30-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. (a) IC 33-29-1-3 does not apply to this section.
    (b) Each of court consists of one (1) judge. who holds office for six (6) years, beginning on January 1 after the judge's election and until the judge's successor is elected and qualified. Every six (6) years, the voters of Hancock County shall elect at the general election a judge for each superior court.
SOURCE: IC 33-33-37-3; (11)SE0463.1.6. -->     SECTION 6. IC 33-33-37-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. (a) IC 33-29-1-3 does not apply to this section.
    (b) The Jasper superior court has one (1) judge. who shall be elected at the general election every six (6) years in Jasper County. The judge's term begins January 1 following the judge's election and ends December 31 following the election of the judge's successor.
SOURCE: IC 33-33-43-2; (11)SE0463.1.7. -->     SECTION 7. IC 33-33-43-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. (a) There is established a court of record, which consists of three (3) judges, to be known as the "Superior Court of Kosciusko County". The court shall have a seal containing the words "Superior Court No. 1 of Kosciusko County, Indiana", "Superior Court No. 2 of Kosciusko County, Indiana", or "Superior Court No. 3 of Kosciusko County, Indiana".
    (b) Except as otherwise provided in this chapter, The superior court of Kosciusko county is a standard superior court as described in

IC 33-29-1.
    (c) Kosciusko County comprises the judicial district of the court.

SOURCE: IC 33-33-46-3; (11)SE0463.1.8. -->     SECTION 8. IC 33-33-46-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. (a) IC 33-29-1-3 does not apply to this section.
    (b) Each LaPorte superior court has one (1) judge. who shall be elected at the general election every six (6) years in LaPorte County. Each judge's term begins January 1 following the election and ends December 31 following the election of the judge's successor.
    (c) To be eligible to hold office as judge of any of the courts, a person must:
        (1) be a resident of LaPorte County; and
        (2) be admitted to the bar of Indiana.
SOURCE: IC 33-33-49-30; (11)SE0463.1.9. -->     SECTION 9. IC 33-33-49-30 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 30. (a) A judge remains qualified to hold office as long as the judge:
        (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.
SOURCE: IC 33-33-55-1; (11)SE0463.1.10. -->     SECTION 10. IC 33-33-55-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. The following do not apply to this chapter:
        (1) IC 33-29-1-3.
        (2) (1) IC 33-29-1-4.
        (3) (2) IC 33-29-1-8.
        (4) (3) IC 33-29-1-9.
        (5) (4) IC 33-29-1-10.
SOURCE: IC 33-33-55-5; (11)SE0463.1.11. -->     SECTION 11. IC 33-33-55-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 5. (a) The Morgan superior court has three (3) judges. Each judge holds office for a term of six (6) years beginning on the first day of January after election and until the judge's successor is elected and qualified.
    (b) Every six (6) years, the voters of Morgan County shall elect at the general election the judges for the superior court.
SOURCE: IC 33-33-56-3; (11)SE0463.1.12. -->     SECTION 12. IC 33-33-56-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. (a) IC 33-29-1-3 does not apply to this section.
    (b) The Newton superior court has one (1) judge. who shall be elected at the general election every six (6) years in Newton County. The judge's term begins January 1 following the judge's election and ends December 31 following the election of the judge's successor.
    (c) To be eligible to hold office as judge of the Newton superior court, a person must:
        (1) be a resident of Newton County; and
        (2) be admitted to the bar of Indiana.
SOURCE: IC 33-33-67-2; (11)SE0463.1.13. -->     SECTION 13. IC 33-33-67-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. (a) There is established a court of record to be known as the Putnam superior court.
    (b) Except as otherwise provided in this chapter, The Putnam superior court is a standard superior court as described in IC 33-29-1.
    (c) Putnam County comprises the judicial district of the court.
SOURCE: IC 33-33-67-3; (11)SE0463.1.14. -->     SECTION 14. IC 33-33-67-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. (a) IC 33-29-1-3 does not apply to this section.
    (b) The Putnam superior court has one (1) judge. who shall be elected at the general election every six (6) years in Putnam County. The judge's term begins January 1 following the election and ends December 31 following the election of the judge's successor.
    (c) To be eligible to hold office as a judge of the court, a person must be:
        (1) a resident of Putnam County; and
        (2) admitted to the practice of law in Indiana.
SOURCE: IC 33-33-79.3-3; (11)SE0463.1.15. -->     SECTION 15. IC 33-33-79.3-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. (a) The court has one (1) judge, who shall be elected at the general election every six (6) years in Tippecanoe County. The judge's term begins January 1 following the election and ends December 31 following the election of

the judge's successor.
    (b) To be eligible to hold office as judge of the court, a person must:
        (1) be a resident of Tippecanoe County;
        (2) be less than seventy (70) years of age at the time of taking office; and
        (3) (2) be admitted to the bar of Indiana.

SOURCE: IC 33-33-79.4-3; (11)SE0463.1.16. -->     SECTION 16. IC 33-33-79.4-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. (a) Tippecanoe superior court No. 4, No. 5, and No. 6 each has one (1) judge, who shall be elected at the general election every six (6) years in Tippecanoe County. The judge's term begins January 1 following the election and ends December 31 following the election of the judge's successor.
    (b) To be eligible to hold office as judge of the court, a person must be:
        (1) a resident of Tippecanoe County;
        (2) less than seventy (70) years of age at the time of taking office; and
        (3) (2) admitted to the bar of Indiana.
SOURCE: IC 33-33-87-13; (11)SE0463.1.17. -->     SECTION 17. IC 33-33-87-13 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 13. To be eligible to hold office as a superior court judge, a person must:
        (1) be a resident of Warrick County;
        (2) be less than seventy (70) years of age at the time of taking office; and
        (3) (2) be admitted to the practice of law in Indiana.
SOURCE: IC 33-33-89.3-3; (11)SE0463.1.18. -->     SECTION 18. IC 33-33-89.3-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. (a) The court has one (1) judge, who shall be elected at the general election every six (6) years in Wayne County. The judge's term begins January 1 following the judge's election and ends December 31 following the election of the judge's successor.
    (b) To be eligible to hold office as judge of the court, a person must:
        (1) be a resident of Wayne County;
        (2) be less than seventy (70) years of age at the time the person takes office;
        (3) (2) be admitted to the bar of Indiana; and
        (4) (3) have practiced law at least five (5) years.
SOURCE: IC 33-30-3-1; IC 33-33-43-3; IC 33-33-47-3; IC 33-33- 48-3.

; (11)SE0463.1.19. -->     SECTION 19. 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


SEA 463 _ CC 1

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