January 9, 2003, read first time and referred to Committee on Judiciary.
First Regular Session 113th General Assembly (2003)
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
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
this style type
between statutes enacted by the 2002 Regular or Special Session of the General Assembly.
SENATE BILL No. 223
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:
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 2. (a) The Shelby circuit court has
concurrent, coordinate, and coextensive jurisdiction with the Shelby
superior court in the following:
(1) All civil actions and proceedings, at law or in equity.
(2) Divorce and special statutory proceedings and actions.
(3) Probate matters and proceedings.
(4) Actions by and against administrators, executors, guardians,
trustees, and other fiduciaries and personal representatives,
including will contests, actions to resist probate of wills, and
claims against estates.
(5) Criminal proceedings, actions and matters.
(b) The Shelby circuit court has concurrent, coordinate, and
coextensive jurisdiction with the Shelby superior court in all actions
and proceedings, at law or in equity, whether criminal, civil, divorce,
or other statutory matters, that are venued from other counties and from
any courts in other counties in Indiana.
(c) The Shelby circuit court
does not have has concurrent,
coordinate, and coextensive
to file, hear, and determine
juvenile proceedings or actions or other matters cognizable in the
juvenile courts in Indiana. All juvenile jurisdiction is vested
exclusively in the Shelby superior court. with Shelby superior court
No. 1 in juvenile matters and proceedings.
(d) The Shelby circuit court has concurrent, coordinate, and
coextensive jurisdiction with the superior court of the county in all
civil, criminal, and statutory actions and proceedings appealed from the
board of commissioners, and any other board, inferior court,
commission, agency, or officer in the county.
(e) In the exercise of its criminal jurisdiction, the circuit court may
issue search warrants and warrants for arrest and any other legal
process and find and determine all matters and facts necessary to the
validity of warrants or other process under the Constitution of the
United States, the Constitution of the State of Indiana, and the laws of
(f) The circuit court has concurrent and coextensive jurisdiction
with the superior court in any and all other matters, proceedings, acts,
powers, and duties that are proper to be filed, tried, and determined in
circuit courts and superior courts of general jurisdiction and are not
specifically mentioned in this section.
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2003]: Sec. 3. A senior judge:
(1) exercises the jurisdiction granted to the court served by the
(2) may serve as a domestic relations mediator, subject to the
code of judicial conduct;
serves at the pleasure of the supreme court; and
serves in accordance with rules adopted by the supreme
court under IC 33-2-1-8.
IS ADDED TO THE INDIANA CODE AS
CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
Chapter 13. Domestic Relations Alternative Dispute Resolution
Sec. 1. This chapter applies to the circuit court and superior
court of a county:
(1) having a population of more than three hundred thousand
(300,000) but less than four hundred thousand (400,000); and
(2) in which dissolution of marriage actions are filed.
Sec. 2. (a) Notwithstanding
, if a county meets the
requirements of this chapter, the clerk of the court shall collect
from a party filing a petition for legal separation, paternity, or
dissolution of marriage action under IC 31 a civil costs fee of one
twenty-four dollars ($124).
(b) Not more than thirty (30) days after the date the clerk
collects a fee under this section, the clerk shall forward to the
county auditor the difference between the fees collected under this
section and the fees that would have been collected under
The county auditor shall deposit the fees forwarded
by the clerk under this section into the alternative dispute
resolution fund of the court for which the fees were collected.
Sec. 3. (a) There is established an alternative dispute resolution
fund for the circuit court and an alternative dispute resolution
fund for the superior court.
(b) The fund consists of the following:
(1) Fees collected under section 2 of this chapter for the
circuit court or superior court, respectively.
(2) Copayments collected under subsection (c) for the circuit
court or superior court, respectively.
(3) Donations, grants, and money received from any other
(c) The funds shall be used to foster domestic relations
alternative dispute resolution, including mediation, reconciliation,
nonbinding arbitration, and parental counseling. Litigants referred
by the court to services covered by the fund shall be required to
make a copayment for the services in an amount determined by the
(d) The funds shall be administered by the circuit court or
superior court, respectively.
(e) Money in a fund at the end of a fiscal year does not revert to
the county general fund but remains in the fund for the uses
specified in this chapter.
Sec. 4. (a) A county that participates in a program under this
chapter must operate its program in accordance with a plan
submitted to the judicial conference of Indiana.
(b) A county may amend a plan
at any time with the approval
of the judicial conference of Indiana.
(c) The judicial conference of Indiana may request additional
information from a county as necessary under this section.
Sec. 5. A county that participates in the program under this
chapter shall submit a report to the judicial conference of Indiana:
(1) not later than
December 31 of each year; and
(2) that summarizes the results of the program.
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 7. (a) The courts have
the same jurisdiction as the Shelby circuit court, except that only
Shelby superior court No. 1 has
exclusive juvenile jurisdiction in the
county. concurrent, coordinate, and coextensive jurisdiction with
the Shelby circuit court in juvenile matters and proceedings.
(b) Shelby superior court No. 2 has a standard small claims and
, AS AMENDED BY P.L.45-2000,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2004]: Sec. 1. There is
established a superior
court in Vigo County, Indiana, which court shall consist of
four (4) five
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
SECTION 6. [EFFECTIVE JULY 1, 2003] (a) The governor shall
appoint a person under
(c) to serve as the initial judge
added to the Vigo superior court by
, as amended by
(b) The term of the initial judge appointed under subsection (a)
begins January 1, 2004, and ends December 31, 2004.
(c) The initial election of the judge of the Vigo superior court
, 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 January 2, 2005.