Introduced Version






HOUSE BILL No. 1301

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 31-31-3-2; IC 33-4; IC 33-5; IC 33-5.1-2-28 ; IC 33-8-2-25 ; IC 33-13-12-8.2.

Synopsis: New courts and judges. Requires the state to pay the full salary of 17 full-time juvenile magistrates who are currently paid partly from state funds and partly from county funds. Establishes superior courts in Howard, DeKalb, Dearborn, and Vigo counties. Eliminates the small claims referee in the DeKalb superior court and Pike circuit court. Provides additional magistrates in LaPorte, Pike, and Madison counties. Changes the method of appointment for magistrates in LaPorte county. Authorizes Henry superior court No. 2 to appoint a small claims referee. Corrects a technical error to bring the law governing the Elkhart circuit court into conformity with provisions of the law governing the Elkhart superior court. Provides for payment of senior judges who have served at least 30 days without interruption in a calendar year. Repeals certain salary requirements for juvenile referees and juvenile magistrates.

Effective: July 1, 2002; January 1, 2003.





Kuzman




    January 15, 2002, read first time and referred to Committee on Courts and Criminal Code.







Introduced

Second Regular Session 112th General Assembly (2002)


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.
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 this style type reconciles conflicts between statutes enacted by the 2001 General Assembly.

HOUSE BILL No. 1301



    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 33-4-1-20.1; (02)IN1301.1.1. -->     SECTION 1. IC 33-4-1-20.1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 20.1. (a) The judges of the Elkhart circuit and superior courts may jointly appoint one (1) three (3) full-time magistrate magistrates under IC 33-4-7 to serve the circuit and superior courts.
    (b) The A magistrate appointed under this section continues in office until removed by the judges of the circuit and superior courts.
SOURCE: IC 33-4-1-41.1; (02)IN1301.1.2. -->     SECTION 2. IC 33-4-1-41.1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 41.1. (a) The judges of the Johnson circuit and superior courts may jointly appoint one (1) full-time magistrate to serve both the circuit and superior courts. The magistrate continues in office until removed by the judges of the Johnson circuit and superior courts.
    (b) In addition to the magistrate appointed under subsection (a), the judge of the Johnson circuit court may appoint one (1) full-time magistrate under IC 33-4-7. The magistrate continues in office until removed by the judges judge of the Johnson circuit and superior

courts. court.

SOURCE: IC 33-4-1-46; (02)IN1301.1.3. -->     SECTION 3. IC 33-4-1-46 , AS AMENDED BY P.L.196-1999, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 46. (a) The county of LaPorte shall constitute the Thirty-second Judicial Circuit.
    (b) The judges of the LaPorte circuit court and LaPorte superior court No. 4 courts may jointly appoint one (1) two (2) full-time magistrate magistrates under IC 33-4-7 to serve the circuit and superior courts.
    (c) The A magistrate continues in office until removed by majority vote of the judges of the LaPorte circuit court and LaPorte superior court No. 4. courts.
SOURCE: IC 33-4-1-48; (02)IN1301.1.4. -->     SECTION 4. IC 33-4-1-48 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 48. (a) The County of Madison shall constitute the fiftieth judicial circuit.
     (b) The judges of the Madison circuit and superior courts may jointly appoint one (1) full-time magistrate under IC 33-4-7 to serve the circuit and superior courts. A magistrate appointed under this section continues in office until removed by the judges of the circuit and superior courts.
SOURCE: IC 33-4-1-63; (02)IN1301.1.5. -->     SECTION 5. IC 33-4-1-63 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 63. (a) The county of Pike shall be and constitute the eighty-third judicial circuit of the State of Indiana.
    (b) The Pike circuit court has a standard small claims and misdemeanor division.
     (c) The judge of the Pike circuit court may appoint one (1) full-time magistrate under IC 33-4-7. The magistrate continues in office until removed by the judge of the Pike circuit court.
SOURCE: IC 33-4-1-64; (02)IN1301.1.6. -->     SECTION 6. IC 33-4-1-64 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 64. (a) The county of Porter shall constitute the sixty-seventh judicial circuit.
    (b) The judge of the Porter circuit court may appoint one (1) full-time magistrate under IC 33-4-7. The magistrate continues in office until removed by the judge of the Porter circuit court.
SOURCE: IC 33-4-1-84; (02)IN1301.1.7. -->     SECTION 7. IC 33-4-1-84 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 84. (a) The county of Vigo shall constitute the forty-third judicial circuit.
    (b) The judges of the Vigo circuit and superior courts may jointly appoint one (1) full-time magistrate under IC 33-4-7 to serve the circuit and superior courts. A magistrate appointed under this section continues in office until removed by the judges

of the circuit and superior courts.

SOURCE: IC 33-4-7-10; (02)IN1301.1.8. -->     SECTION 8. IC 33-4-7-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 10. Except as provided in section 11 of this chapter, The state shall pay the salary of a magistrate. A county located in the circuit that the magistrate serves may supplement the magistrate's salary.
SOURCE: IC 33-4-8-5; (02)IN1301.1.9. -->     SECTION 9. IC 33-4-8-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 5. (a) A If a person has not served as a senior judge for at least thirty (30) calendar days without interruption in a calendar year, the person is entitled to (1) a per diem of fifty dollars ($50) and (2) for each day served as a senior judge in the calendar year.
    (b) If a person has served as a senior judge for at least thirty (30) calendar days without interruption in a calendar year, for the remainder of the calendar year the senior judge is entitled to compensation for service as a senior judge at the rate set under a compensation schedule for senior judges established by rules adopted by the supreme court. A per diem set under the rules may not exceed two hundred dollars ($200) for each day served as a senior judge.
    (c) Regardless of the number of days in a calendar year that a person has served as a senior judge, a senior judge is entitled to
reimbursement for:
        (A) (1) mileage; and
        (B) (2) reasonable expenses, including but not limited to meals and lodging;
incurred in performing service as a senior judge. for each day served as a senior judge.
    (b) (d) The per diem compensation and reimbursement for mileage and reasonable expenses under subsection (a) shall be paid by the state.
    (c) (e) A senior judge appointed under this chapter may not be compensated as a senior judge for more than one hundred (100) calendar days in the aggregate during a calendar year.
SOURCE: IC 33-5-5.1-8; (02)IN1301.1.10. -->     SECTION 10. IC 33-5-5.1-8 , AS AMENDED BY P.L.196-1999, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 8. (a) The court may appoint such number of probate commissioners, juvenile referees, bailiffs, court reporters, probation officers, and such other personnel, including but not limited to an administrative officer, as shall in the opinion of the court be necessary to facilitate and transact the business of the court. In addition to the personnel authorized under this subsection and IC 31-31-3, The judges of the Allen superior court-civil division may jointly appoint not

more than four (4) full-time magistrates under IC 33-4-7 to serve the Allen superior court-civil division. The judges of the Allen superior court-civil division may jointly assign any such magistrates the duties and powers of a probate commissioner. In addition to the personnel authorized under this subsection and IC 31-31-3, The judges of the Allen superior court-family relations division may jointly appoint three (3) full-time magistrates under IC 33-4-7. The judge of the Allen superior court-criminal division may jointly appoint not more than three (3) full-time magistrates under IC 33-4-7 to serve the Allen superior court-criminal division. Any such magistrate serves at the pleasure of, and continues in office until jointly removed by, the judges of the division that appointed the magistrate. All appointments made under this subsection shall be made without regard to the political affiliation of the appointees. The salaries of the above personnel shall be fixed and paid as provided by law. If the salaries of any of the above personnel are not provided by law, the amount and time of payment of such salaries shall be fixed by the court, to be paid out of the county treasury by the county auditor, upon the order of the court, and be entered of record. The officers and persons so appointed shall perform such duties as are prescribed by the court. Any such administrative officer appointed by the court shall operate under the jurisdiction of the chief judge and shall serve at the pleasure of the chief judge. Any such probate commissioners, magistrates, juvenile referees, bailiffs, court reporters, probation officers, and other personnel appointed by the court shall serve at the pleasure of the court.
    (b) Any probate commissioner so appointed by the court may be vested by said court with all suitable powers for the handling and management of the probate and guardianship matters of the court, including the fixing of all bonds, the auditing of accounts of estates and guardianships and trusts, acceptance of reports, accounts, and settlements filed in said court, the appointment of personal representatives, guardians, and trustees, the probating of wills, the taking and hearing of evidence on or concerning such matters, or any other probate, guardianship, or trust matters in litigation before such court, the enforcement of court rules and regulations, the making of reports to the court concerning his doings in the above premises, including the taking and hearing of evidence together with such commissioner's findings and conclusions regarding the same, all of such matters, nevertheless, to be under the final jurisdiction and decision of the judges of said court.
    (c) Any juvenile referee so appointed by the court may be vested by said court with all suitable powers for the handling and management of

the juvenile matters of the court, including the fixing of bonds, the taking and hearing of evidence on or concerning any juvenile matters in litigation before the court, the enforcement of court rules and regulations, the making of reports to the court concerning his doings in the above premises, all of such matters, nevertheless, to be under final jurisdiction and decision of the judges of said court.
    (d) For any and all of the foregoing purposes, any probate commissioner and juvenile referee shall have the power to summon witnesses to testify before the said commissioner and juvenile referee, to administer oaths and take acknowledgments in connection with and in furtherance of said duties and powers.
    (e) The powers of a magistrate appointed under this section include the powers provided in IC 33-4-7 and the power to enter a final order or judgment in any proceeding involving matters specified in IC 33-5-2-4 (jurisdiction of small claims docket) or IC 34-26-2 (protective orders to prevent abuse).

SOURCE: IC 33-5-10.2-1; (02)IN1301.1.11. -->     SECTION 11. IC 33-5-10.2-1 , AS ADDED BY P.L.45-2000, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 1. There is established a court of record to be known as the Dearborn superior court (referred to as "the court" in this chapter). The court may have a seal containing the words "Dearborn Superior Court No. 1, Dearborn County, Indiana" and "Dearborn Superior Court No. 2, Dearborn County, Indiana". Dearborn County comprises the judicial district of the court.
SOURCE: IC 33-5-10.2-2; (02)IN1301.1.12. -->     SECTION 12. IC 33-5-10.2-2 , AS ADDED BY P.L.45-2000, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 2. (a) The court has one (1) judge, two (2) judges, who shall be elected at the general election every six (6) years in Dearborn County. The A 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 a court, a person must:
        (1) be a resident of Dearborn County;
        (2) be less than seventy (70) years of age at the time of taking office; and
        (3) be admitted to the bar of Indiana.
SOURCE: IC 33-5-10.2-3; (02)IN1301.1.13. -->     SECTION 13. IC 33-5-10.2-3 , AS ADDED BY P.L.45-2000, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 3. (a) Except as provided in subsection (b), the each court has the same jurisdiction as the Dearborn circuit court.
    (b) The Dearborn circuit court has exclusive juvenile jurisdiction.
SOURCE: IC 33-5-10.2-4; (02)IN1301.1.14. -->     SECTION 14. IC 33-5-10.2-4 , AS ADDED BY P.L.45-2000, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2003]: 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 Dearborn circuit court. The Each judge of the court also may administer oaths, solemnize marriages, and take and certify acknowledgments of deeds.
SOURCE: IC 33-5-10.2-5; (02)IN1301.1.15. -->     SECTION 15. IC 33-5-10.2-5 , AS ADDED BY P.L.45-2000, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 5. The Each judge of the court shall appoint a bailiff and an official court reporter for the court. The Each judge may appoint a referee, commissioner, or other personnel as the judge considers necessary to facilitate and transact the business of the court. Their salaries shall be fixed in the same manner as the salaries of the personnel for the Dearborn circuit court. Their salaries shall be paid monthly out of the treasury of Dearborn County as provided by law. Personnel appointed under this section continue in office until removed by the judge of the court.
SOURCE: IC 33-5-10.2-7; (02)IN1301.1.16. -->     SECTION 16. IC 33-5-10.2-7 , AS ADDED BY P.L.45-2000, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 7. The Each court shall hold its sessions in the Dearborn County courthouse in Lawrenceburg, Indiana, or in such other places in the county as the Dearborn county executive may provide. The county executive shall provide and maintain a suitable courtroom courtrooms and other rooms and facilities, including furniture and equipment, as may be necessary. The Dearborn County fiscal body shall appropriate sufficient funds for the provision and maintenance of these rooms and facilities.
SOURCE: IC 33-5-10.2-8; (02)IN1301.1.17. -->     SECTION 17. IC 33-5-10.2-8 , AS ADDED BY P.L.45-2000, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 8. The jury commissioners appointed by the judge of the Dearborn circuit court shall serve as the jury commissioners for the each court. Juries shall be selected in the same manner as juries for the Dearborn circuit court. The grand jury selected for the Dearborn circuit court shall also serve as the grand jury for the each court as may be necessary.
SOURCE: IC 33-5-10.2-9; (02)IN1301.1.18. -->     SECTION 18. IC 33-5-10.2-9 , AS ADDED BY P.L.45-2000, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 9. The judge of the Dearborn circuit court may, with the consent of the judge of the a court, transfer any action or proceeding from the circuit court to the court. The judge of the a court may, with the consent of the judge of the circuit court, transfer any

action or proceeding from the court to the circuit court.

SOURCE: IC 33-5-10.2-10; (02)IN1301.1.19. -->     SECTION 19. IC 33-5-10.2-10 , AS ADDED BY P.L.45-2000, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 10. The judge of the Dearborn circuit court may, with the consent of the judge of the a court, sit as a judge of the a court in any matter as if the judge of the circuit court were an elected judge of the court. The A judge of the court may, with the consent of the judge of the circuit court, sit as a judge of the circuit court in any matter as if the judge of the court were an elected judge of the circuit court.
SOURCE: IC 33-5-10.2-11; (02)IN1301.1.20. -->     SECTION 20. IC 33-5-10.2-11 , AS ADDED BY P.L.45-2000, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 11. The Each court has a standard small claims and misdemeanor division.
SOURCE: IC 33-5-10.8-1; (02)IN1301.1.21. -->     SECTION 21. IC 33-5-10.8-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2003]: 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 "DeKalb Superior Court No. 2, DeKalb County, Indiana". DeKalb County comprises the judicial district of the court.
SOURCE: IC 33-5-10.8-2; (02)IN1301.1.22. -->     SECTION 22. IC 33-5-10.8-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 2. (a) The court has one (1) judge 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; (02)IN1301.1.23. -->     SECTION 23. IC 33-5-10.8-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2003]: 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; (02)IN1301.1.24. -->     SECTION 24. IC 33-5-10.8-9 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2003]: 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; (02)IN1301.1.25. -->     SECTION 25. IC 33-5-10.8-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2003]: 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 33-5-10.8-11; (02)IN1301.1.26. -->     SECTION 26. IC 33-5-10.8-11 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 11. The court shall hold its sessions in the DeKalb County courthouse in Auburn, Indiana, or in such other places in the county as the board of county commissioners of DeKalb County may provide. The board of county commissioners shall provide and maintain a suitable courtroom courtrooms and other rooms and facilities, including furniture and equipment, as may be necessary. The county council of DeKalb County shall appropriate sufficient funds for the provision and maintenance of such rooms and facilities.
SOURCE: IC 33-5-10.8-14; (02)IN1301.1.27. -->     SECTION 27. IC 33-5-10.8-14 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2003]: 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; (02)IN1301.1.28. -->     SECTION 28. IC 33-5-10.8-15 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2003]: 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; (02)IN1301.1.29. -->     SECTION 29. IC 33-5-10.8-17 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2003]: 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 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 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: IC 33-5-13.1-16; (02)IN1301.1.30. -->     SECTION 30. IC 33-5-13.1-16 , AS AMENDED BY P.L.196-1999, SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 16. (a) The judges of the Elkhart circuit and superior courts may jointly appoint two (2) three (3) full-time magistrates under IC 33-4-7.
    (b) The A magistrate continues in office until removed by the judges of the circuit and superior courts.
SOURCE: IC 33-5-20.1-1; (02)IN1301.1.31. -->     SECTION 31. IC 33-5-20.1-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 1. There shall be and is hereby established a Superior Court in Howard County, Indiana, which shall consist of two (2), three (3) judges who shall hold their offices for six (6) years and until their successor shall have been elected and qualified.
SOURCE: IC 33-5-21-5; (02)IN1301.1.32. -->     SECTION 32. IC 33-5-21-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 5. (a) The courts have the same jurisdiction as the Henry circuit court.
    (b) Henry superior court No. 2 has a standard small claims and misdemeanor division.
     (c) If the county executive establishes the position of small claims referee to serve the court, the judge of the Henry superior court No. 2 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.
    (d) This subsection applies if a small claims referee is appointed under subsection (c). The county shall pay the salary of a part-time small claims court referee appointed under this subsection. 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. The court shall employ administrative staff necessary to support the functions of the small claims referee. The county fiscal body shall appropriate sufficient funds for the provision of staff and facilities required under this subsection.

SOURCE: IC 33-5-29.5-7.1; (02)IN1301.1.33. -->     SECTION 33. IC 33-5-29.5-7.1 , AS AMENDED BY P.L.196-1999, SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 7.1. (a) The judges of the criminal division may appoint two (2) full-time magistrates under IC 33-4-7 to serve the criminal division. A magistrate appointed under this subsection continues in office until removed by the judges of the criminal division.
    (b) The judges of the civil division may appoint two (2) full-time magistrates under IC 33-4-7 to serve the civil division. A magistrate appointed under this subsection continues in office until removed by the judges of the civil division.
     (c) The judge of the juvenile division may appoint three (3) full-time magistrates under IC 33-4-7. A magistrate appointed under this subsection continues in office until removed by the judge of the juvenile division.
     (d) The chief judge of the superior court may appoint one (1) full-time magistrate under IC 33-4-7. A magistrate appointed under this subsection continues in office until removed by the chief judge.
SOURCE: IC 33-5-29.5-8; (02)IN1301.1.34. -->     SECTION 34. IC 33-5-29.5-8 , AS AMENDED BY P.L.1-1997, SECTION 125, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 8. (a) The senior judge of each division may appoint the number of bailiffs, court reporters, probation officers, and other personnel as in the opinion of the senior judge is necessary to judicially and efficiently facilitate and transact the business of the division. All appointments shall be made without regard to the political affiliation of the appointees. The salaries of the court personnel shall be fixed and paid as provided by law. The officers and persons appointed shall:
        (1) perform the duties prescribed by the senior judge of each respective division; and
        (2) serve at the pleasure of the senior judge.
    (b) The court shall appoint an administrative officer who shall have the duties as the court shall determine necessary to ensure the efficient operation of the court. The court may appoint the number of deputy administrative officers as the court considers necessary to facilitate and transact the business of the court. Any appointment of an administrative officer or deputy administrative officer shall be made

without regard to the political affiliation of the appointees. The salaries of the administrative officer and any deputy administrative officer shall be fixed by the court, to be paid out of the county treasury by the county auditor, upon the order of the court, and entered of record. Any administrative officer or deputy administrative officer appointed by the court shall:
        (1) operate under the jurisdiction of the chief judge; and
        (2) serve at the pleasure of the chief judge.
    (c) The court may appoint part-time juvenile referees and magistrates as provided by IC 31-31-3.
    (d) The court may appoint the number of probate commissioners provided for by IC 29-2-2. The probate commissioners shall be vested with the powers and duties provided by IC 29.

SOURCE: IC 33-5-31.1-12; (02)IN1301.1.35. -->     SECTION 35. IC 33-5-31.1-12 , AS AMENDED BY P.L.196-1999, SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 12. (a) The judges of the court may, by a vote of the majority of the judges, appoint one (1) full-time magistrate under IC 33-4-7.
    (b) The judges of the LaPorte circuit court and LaPorte superior court No. 4 courts may jointly appoint one (1) two (2) full-time magistrate magistrates under IC 33-4-7 to serve the circuit and superior courts.
    (c) The magistrate appointed under subsection (a) continues in office until removed by the vote of a majority of the judges of the court.
    (d) The A magistrate appointed under subsection (b) continues in office until removed by majority vote of the judges of the LaPorte circuit court and LaPorte superior court No. 4. courts.
SOURCE: IC 33-5-33.1-8; (02)IN1301.1.36. -->     SECTION 36. IC 33-5-33.1-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 8. (a) The court may appoint bailiffs, court reporters, probation officers, and such other personnel, including an administrative officer, as necessary to transact the business of the court. The salaries of the personnel shall be fixed and paid as provided by law. However, if the salaries of any of the personnel are not provided by law, the amount and time of payment of such salaries shall be fixed by the court, to be paid out of the county treasury by the county auditor upon the order of the court, and be entered of record. The officers and persons so appointed shall perform such duties as are prescribed by the court. Personnel appointed by the court serve at the pleasure of the court.
     (b) The judges of the Madison circuit and superior courts may jointly appoint one (1) full-time magistrate under IC 33-4-7 to serve the circuit and superior courts. A magistrate appointed

under this section continues in office until removed by the judges of the circuit and superior courts.

SOURCE: IC 33-5-43-1.1; (02)IN1301.1.37. -->     SECTION 37. IC 33-5-43-1.1 , AS AMENDED BY P.L.196-1999, SECTION 57, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 1.1. (a) The judges of the Vanderburgh superior court may jointly appoint not more than four (4) five (5) full-time magistrates under IC 33-4-7.
    (b) A magistrate continues in office until jointly removed by the judges.
SOURCE: IC 33-5-44.1-1; (02)IN1301.1.38. -->     SECTION 38. IC 33-5-44.1-1 , AS AMENDED BY P.L.45-2000, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2003]: Sec. 1. There is hereby established a superior court in Vigo County, Indiana, which court shall consist of four (4) five (5) judges who shall hold their office for six (6) years if they behave well and until their successors have been elected and qualified. In addition to the four (4) five (5) judges, the judge of the Vigo circuit court may sit as a judge of said Vigo superior court as provided in this chapter.
SOURCE: IC 33-5-44.1-8; (02)IN1301.1.39. -->     SECTION 39. IC 33-5-44.1-8 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 8. (a) The court may appoint such number of commissioners, probate commissioners, referees, juvenile referees, bailiffs, court reporters, probation officers, and such other personnel, including but not limited to an administrative officer, as shall in the opinion of the court be necessary to facilitate and transact the business of the court. The salaries of the personnel shall be fixed and paid as provided by law. However, if the salaries of any of the personnel are not provided by law, the amount and time of payment of such salaries shall be fixed by the court, to be paid out of the county treasury by the county auditor upon the order of the court, and be entered on record. The officers and persons so appointed shall perform such duties as are prescribed by the court. Any such commissioners, probate commissioners, referees, juvenile referees, probation officers, and other personnel appointed by the court shall serve at the pleasure of the court.
     (b) Any probate commissioner so appointed by the court may be vested by said court with all suitable powers for the handling and management of the probate and guardianship matters of the court, including the fixing of all bonds, the auditing of accounts of estates and guardianships and trusts, acceptance of reports, accounts and settlements filed in said court, the appointment of personal representatives, guardians and trustees, the probating of wills, the taking and hearing of evidence on or concerning such matters, or any

other probate, guardianship or trust matters in litigation before such court, the enforcement of court rules and regulations, and making of reports to the court including the taking and hearing of evidence together with such commissioner's findings and conclusions regarding the same, all of such matters, nevertheless, to be under the final jurisdiction and decision of the judges of said court.
     (c) Any juvenile referee appointed by the court may be vested by said court with all suitable powers for the handling and management of the juvenile matters of the court, including the fixing of bonds, the taking and hearing of evidence on or concerning any juvenile matters in litigation before the court, the enforcement of court rules and regulations, the making of reports to the court concerning his doings in the above premises, all of such matters, nevertheless, to be under final jurisdiction and decision of the judges of said court.
     (d) For any and all the foregoing purposes, any probate commissioner and juvenile referee shall have the power to summon witnesses to testify before the said commissioner and juvenile referee, to administer oaths and take acknowledgments in connection with and in furtherance of said duties and powers.
    (e) The judges of the Vigo circuit and superior courts may jointly appoint one (1) full-time magistrate to serve the circuit and superior courts. The magistrate continues in office until removed by the judges of the Vigo circuit and superior courts.

SOURCE: IC 33-5.1-2-28; (02)IN1301.1.40. -->     SECTION 40. IC 33-5.1-2-28 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 28. (a) In addition to the magistrates appointed under sections 26 and 27 of this chapter, the judge of the juvenile division of the superior court may appoint four (4) full-time magistrates under IC 33-4-7.
    (b) A magistrate continues in office until removed by the judge of the juvenile division.

SOURCE: IC 33-8-2-25; (02)IN1301.1.41. -->     SECTION 41. IC 33-8-2-25 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 25. In addition to any appointments made by the judge of the St. Joseph probate court under IC 31-31-3, The judge of the St. Joseph probate court may appoint one (1) two (2) full-time magistrate magistrates under IC 33-4-7. The A magistrate appointed under this section may exercise:
        (1) probate jurisdiction under IC 33-8-2-9 ; and
        (2) juvenile jurisdiction under IC 33-8-2-10 ;
and continues in office until removed by the judge.
SOURCE: IC 31-31-3-2; IC 33-4-7-11; IC 33-5-5.1-8.5; IC 33-13- 12-8.2.
; (02)IN1301.1.42. -->     SECTION 42. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2002]: IC 31-31-3-2 ; IC 33-4-7-11 ; IC 33-5-5.1-8.5 ;

IC 33-13-12-8.2.

SOURCE: ; (02)IN1301.1.43. -->     SECTION 43. [EFFECTIVE JULY 1, 2002] The following juvenile magistrates appointed under IC 31-31-3-2 , before its repeal by this act, compensated under IC 33-4-7-11 , before its repeal by this act, and serving on June 30, 2002, continue to serve as magistrates until removed by the judge or judges that the magistrates will serve after the enactment of this act:
        (1) Three (3) magistrates serving the Allen superior court, family relations division, continue to serve under the authority of IC 33-5-5.1-8 , as amended by this act.
        (2) One (1) magistrate serving the Elkhart circuit court continues to serve under the authority of IC 33-4-1-20.1 and IC 33-5-13.1-16 , both as amended by this act.
        (3) One (1) magistrate serving the Johnson circuit court continues to serve under the authority of IC 33-4-1-41.1 , as amended by this act.
        (4) Four (4) magistrates serving the Lake superior court, juvenile division, continue to serve under the authority of IC 33-5-29.5-7.1 , as amended by this act.
        (5) Four (4) magistrates serving the Marion superior court, juvenile division, continue to serve under the authority of IC 33-5.1-2-28 , as added by this act.
        (6) One (1) magistrate serving the Porter circuit court continues to serve under the authority of IC 33-4-1-64 , as amended by this act.
        (7) One (1) magistrate serving the St. Joseph probate court continues to serve under the authority of IC 33-8-2-25 , as amended by this act.
        (8) One (1) magistrate serving the Vanderburgh superior court, juvenile division, continues to serve under the authority of IC 33-5-43-1.1 , as amended by this act.
        (9) One (1) magistrate serving the Vigo circuit court continues to serve under the authority of IC 33-4-1-84 and IC 33-5-44.1-8 , both as amended by this act.

SOURCE: ; (02)IN1301.1.44. -->     SECTION 44. [EFFECTIVE JULY 1, 2002] (a) The governor shall appoint a person under IC 3-13-6-1 (c) to serve as the initial judge of the DeKalb superior court No. 2 added by IC 33-5-10.8-1 , as amended by this act.
    (b) The term of the initial judge appointed under subsection (a) begins January 1, 2003, and ends December
31, 2004.
    (c) The initial election of the judge of the superior court added by IC 33-5-10.8-1 , as amended by this act, is the general election on

November 2, 2004. The term of the initially elected judge begins January 1, 2005.
    (d) This SECTION expires July 1, 2007.

SOURCE: ; (02)IN1301.1.45. -->     SECTION 45. [EFFECTIVE JULY 1, 2002] (a) The governor shall appoint a person under IC 3-13-6-1 (c) to serve as the initial judge of the Howard superior court added by IC 33-5-20.1-1 , as amended by this act.
    (b) The term of the initial judge appointed under subsection (a) begins January 1, 2003, and ends December
31, 2004.
    (c) The initial election of the judge of the superior court added by IC 33-5-20.1-1 , as amended by this act, is the general election on November 2, 2004. The term of the initially elected judge begins January 1, 2005.
    (d) This SECTION expires July 1, 2007.

SOURCE: ; (02)IN1301.1.46. -->     SECTION 46. [EFFECTIVE JULY 1, 2002] (a) The governor shall appoint a person under IC 3-13-6-1 (c) to serve as the initial judge of the Dearborn superior court added by IC 33-5-10.2-1 , as amended by this act.
    (b) The term of the initial judge appointed under subsection (a) begins January 1, 2003, and ends December
31, 2004.
    (c) The initial election of the judge of the superior court added by IC 33-5-10.2-1 , as amended by this act, is the general election on November 2, 2004. The term of the initially elected judge begins January 1, 2005.
    (d) This SECTION expires July 1, 2007.

SOURCE: ; (02)IN1301.1.47. -->     SECTION 47. [EFFECTIVE JULY 1, 2002] (a) The governor shall appoint a person under IC 3-13-6-1 (c) to serve as the initial judge of the Vigo superior court added by IC 33-5-44.1-1 , as amended by this act.
    (b) The term of the initial judge appointed under subsection (a) begins January 1, 2003, and ends December
31, 2004.
    (c) The initial election of the judge of the superior court added by IC 33-5-44.1-1 , as amended by this act, is the general election on November 2, 2004. The term of the initially elected judge begins January 1, 2005.
    (d) This SECTION expires July 1, 2007.

SOURCE: ; (02)IN1301.1.48. -->     SECTION 48. [EFFECTIVE JULY 1, 2002] The magistrate appointed to serve the LaPorte circuit and superior courts under IC 33-4-1-46 and IC 33-5-31.1-12 , both as amended by P.L.196-1999, continues in office after June 30, 2002, as one (1) of the two (2) magistrates who may be jointly appointed by majority vote of the judges of the LaPorte circuit and superior courts. The

magistrate may be removed only by a majority vote of the judges of the LaPorte circuit and superior courts.

SOURCE: ; (02)IN1301.1.49. -->     SECTION 49. [EFFECTIVE JULY 1, 2002] (a) IC 33-4-8-5 , as amended by this act, applies only to compensation paid for service performed after June 30, 2002. However, days served as a senior judge after December 31, 2001, and before July 1, 2002, shall be counted toward determining whether a senior judge has served at least thirty (30) days without interruption in calendar year 2002.
    (b) This SECTION expires July 1, 2003.