Introduced Version
HOUSE BILL No. 1360
_____
DIGEST OF INTRODUCED BILL
Citations Affected:
IC 33-5-10.8.
Synopsis: Second superior court for DeKalb County. Establishes a
second superior court in DeKalb County. Provides for the initial
election of the judge of the new superior court at the general election
to be held November 7, 2001, with the person elected taking office
January 1, 2002.
Effective: July 1, 2000.
Kruse
January 11, 2000, read first time and referred to Committee on Courts and Criminal Code.
Introduced
Second Regular Session 111th General Assembly (2000)
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
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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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
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HOUSE BILL No. 1360
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 33-5-10.8-1; (00)IN1360.1.1. -->
SECTION 1.
IC 33-5-10.8-1
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 1. There is established
a court of record to be known as the DeKalb superior court (referred to
as "the court" in this chapter). The court may have a seal containing the
words "DeKalb Superior Court No. 1, DeKalb County, Indiana" and,
after December 31, 2001, "DeKalb Superior Court No. 2, DeKalb
County, Indiana". DeKalb County comprises the judicial district of
the court.
SOURCE: IC 33-5-10.8-2; (00)IN1360.1.2. -->
SECTION 2.
IC 33-5-10.8-2
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 2. (a) The court has,
before January 1, 2002, one (1) judge, and, after December 31,
2001, two (2) judges who shall be elected at the general election every
six (6) years in DeKalb County. His A judge's term begins January 1
following his the judge's election and ends December 31 following the
election of his the judge's successor.
(b) To be eligible to hold office as judge of the court, a person must:
(1) be a resident of DeKalb County;
(2) be under seventy (70) years of age at the time he takes of
taking office; and
(3) be admitted to the bar of Indiana.
SOURCE: IC 33-5-10.8-4; (00)IN1360.1.3. -->
SECTION 3.
IC 33-5-10.8-4
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 4. The Each judge of
the court has the same powers relating to the conduct of the business
of the court as the judge of the DeKalb circuit court. The Each judge
of the court also may administer oaths, solemnize marriages, and take
and certify acknowledgments of deeds.
SOURCE: IC 33-5-10.8-9; (00)IN1360.1.4. -->
SECTION 4.
IC 33-5-10.8-9
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 9. The Each judge of
the court shall appoint a bailiff and an official court reporter for the
court; their salaries shall be fixed in the same manner as the salaries of
the bailiff and official court reporter for the DeKalb circuit court. Their
salaries shall be paid monthly out of the treasury of DeKalb County as
provided by law.
SOURCE: IC 33-5-10.8-10; (00)IN1360.1.5. -->
SECTION 5.
IC 33-5-10.8-10
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 10. The clerk of the
court, under the direction of the judge judges of the court, shall provide
order books, judgment dockets, execution dockets, fee books, and other
books for the court, which shall be kept separately from the books and
papers of other courts.
SOURCE: IC 33-5-10.8-14; (00)IN1360.1.6. -->
SECTION 6.
IC 33-5-10.8-14
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 14. The judge of the
DeKalb circuit court may, with the consent of the a judge of the court
and of the parties or their counsel, transfer any action or proceeding
from the circuit court to the court. The A judge of the court may, with
consent of the judge of the circuit court and of the parties or their
counsel, transfer any action or proceeding from the court to the circuit
court.
SOURCE: IC 33-5-10.8-15; (00)IN1360.1.7. -->
SECTION 7.
IC 33-5-10.8-15
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 15. The judge of the
DeKalb circuit court may, with the consent of the a judge of the court
and of the parties or their counsel, sit as a judge of the court in any
matter as if he was the judge were an elected judge of the court. The
A judge of the court may, with consent of the judge of the circuit court
and of the parties or their counsel, sit as a judge of the circuit court in
any matter as if he was the judge were an elected judge of the circuit
court.
SOURCE: IC 33-5-10.8-17; (00)IN1360.1.8. -->
SECTION 8.
IC 33-5-10.8-17
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 17. (a) The Each
superior court has a standard small claims and misdemeanor division.
(b) If the county executive establishes the position of small claims
referee to serve the court, the each judge of the court may appoint a
part-time small claims referee under
IC 33-5-2.5
to assist the court in
the exercise of its small claims jurisdiction.
(c) The small claims referee is entitled to reasonable compensation
not exceeding twenty thousand dollars ($20,000) a year as
recommended by the judge of the court making the appointment to be
paid by the county after the salary is approved by the county fiscal
body. The state shall pay fifty percent (50%) of the salary set under this
subsection and the county shall pay the remainder of the salary.
(d) The county executive shall provide and maintain a suitable
courtroom and facilities for the use of the small claims referee,
including necessary furniture and equipment.
(e) The court shall employ administrative staff necessary to support
the functions of the small claims referee.
(f) The county fiscal body shall appropriate sufficient funds for the
provision of staff and facilities required under this section.
SOURCE: ; (00)IN1360.1.9. -->
SECTION 9. [EFFECTIVE JULY 1, 2000]
(a) The initial election
of the judge of the DeKalb superior court No. 2 is the general
election to be held November 7, 2001. The person elected takes
office January 1, 2002.
(b) This SECTION expires January 2, 2002.