Citations Affected: Numerous provisions throughout the Indiana
Code.
Synopsis: Title 33 recodification. Recodifies Title 33 concerning
courts and court officers to reorganize and restate the law without
substantive change. Repeals current Title 33 provisions. Makes
conforming amendments. (The introduced version of this bill was
prepared by the code revision commission.)
Effective: July 1, 2004.
January 8, 2004, read first time and referred to Committee on Judiciary.
January 22, 2004, reported favorably _ Do Pass.
January 26, 2004, read second time, ordered engrossed. Engrossed.
January 27, 2004, read third time, passed. Yeas 47, nays 0.
A BILL FOR AN ACT to amend the Indiana Code concerning
courts and court officers.
SECTION 1. IC 33-22 IS ADDED TO THE INDIANA CODE AS
A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2004]:
ARTICLE 22. EFFECT OF RECODIFICATION OF TITLE 33
Chapter 1. Effect of Recodification by the Act of the 2004
Regular Session of the General Assembly
Sec. 1. As used in this chapter, "prior law" refers to the statutes
concerning courts and court officers that are repealed or amended
in the recodification act of the 2004 regular session of the general
assembly as the statutes existed before the effective date of the
applicable or corresponding provision of the recodification act of
the 2004 regular session of the general assembly.
Sec. 2. The purpose of the recodification act of the 2004 regular
session of the general assembly is to recodify prior law in a style
that is clear, concise, and easy to interpret and apply. Except to the
extent that:
(1) the recodification act of the 2004 regular session of the
general assembly is amended to reflect the changes made in a
provision of another bill that adds to, amends, or repeals a
provision in the recodification act of the 2004 regular session
of the general assembly; or
(2) the minutes of meetings of the code revision commission
during 2003 expressly indicate a different purpose;
the substantive operation and effect of the prior law continue
uninterrupted as if the recodification act of the 2004 regular
session of the general assembly had not been enacted.
Sec. 3. Subject to section 2 of this chapter, sections 4 through 9
of this chapter shall be applied to the statutory construction of the
recodification act of the 2004 regular session of the general
assembly.
Sec. 4. (a) The recodification act of the 2004 regular session of
the general assembly does not affect:
(1) any rights or liabilities accrued;
(2) any penalties incurred;
(3) any violations committed;
(4) any proceedings begun;
(5) any bonds, notes, loans, or other forms of indebtedness
issued, incurred, or made;
(6) any tax levies made or authorized;
(7) any funds established;
(8) any patents issued;
(9) the validity, continuation, or termination of any contracts,
easements, or leases executed;
(10) the validity, continuation, scope, termination, suspension,
or revocation of:
(A) permits;
(B) licenses;
(C) certificates of registration;
(D) grants of authority; or
(E) limitations of authority; or
(11) the validity of court decisions entered regarding the
constitutionality of any provision of the prior law;
before the effective date of the recodification act of the 2004
regular session of the general assembly (July 1, 2004). Those rights,
liabilities, penalties, violations, proceedings, bonds, notes, loans,
other forms of indebtedness, tax levies, funds, patents, contracts,
easements, leases, permits, licenses, certificates of registration,
grants of authority, and limitations of authority continue and shall
be imposed and enforced under prior law as if the recodification
act of the 2004 regular session of the general assembly had not
been enacted.
(b) The recodification act of the 2004 regular session of the
general assembly does not:
(1) extend or cause to expire a permit, license, certificate of
registration, or other grant or limitation of authority; or
(2) in any way affect the validity, scope, or status of a license,
permit, certificate of registration, or other grant or limitation
of authority;
issued under the prior law.
(c) The recodification act of the 2004 regular session of the
general assembly does not affect the revocation, limitation, or
suspension of a permit, license, certificate of registration, or other
grant or limitation of authority based in whole or in part on
violations of the prior law or the rules adopted under the prior law.
Sec. 5. The recodification act of the 2004 regular session of the
general assembly shall be construed as a recodification of prior
law. Except as provided in section 2(1) and 2(2) of this chapter, if
the literal meaning of the recodification act of the 2004 regular
session of the general assembly (including a literal application of
an erroneous change to an internal reference) would result in a
substantive change in the prior law, the difference shall be
construed as a typographical, spelling, or other clerical error that
must be corrected by:
(1) inserting, deleting, or substituting words, punctuation, or
other matters of style in the recodification act of the 2004
regular session of the general assembly; or
(2) using any other rule of statutory construction;
as necessary or appropriate to apply the recodification act of the
2004 regular session of the general assembly in a manner that does
not result in a substantive change in the law. The principle of
statutory construction that a court must apply the literal meaning
of an act if the literal meaning of the act is unambiguous does not
apply to the recodification act of the 2004 regular session of the
general assembly to the extent that the recodification act of the
2004 regular session of the general assembly is not substantively
identical to the prior law.
Sec. 6. Subject to section 9 of this chapter, a reference in a
statute or rule to a statute that is repealed and replaced in the same
or a different form in the recodification act of the 2004 regular
session of the general assembly shall be treated after the effective
date of the new provision as a reference to the new provision.
probate court, or the court of appeals may apply to the supreme
court for the appointment of a senior judge to serve the court.
(b) The application submitted under this section must include
the following:
(1) Reasons for the request.
(2) Estimated duration of the need for a senior judge.
Sec. 2. Upon approving the request by a circuit court, a superior
court, a county court, a probate court, or the court of appeals for
a senior judge, the supreme court may appoint a senior judge to
serve that court for the duration specified in the application
submitted under section 1 of this chapter.
Sec. 3. A senior judge:
(1) exercises the jurisdiction granted to the court served by
the senior judge;
(2) may serve as a domestic relations mediator, subject to the
code of judicial conduct;
(3) serves at the pleasure of the supreme court; and
(4) serves in accordance with rules adopted by the supreme
court under IC 33-24-3-7.
A senior judge serving as a domestic relations mediator is not
entitled to reimbursement or a per diem under section 5 of this
chapter. A senior judge serving as a domestic relations mediator
may receive compensation from the alternative dispute resolution
fund under IC 33-23-6 in accordance with the county domestic
relations alternative dispute resolution plan.
Sec. 4. The supreme court may not require a senior judge to
accept an assignment to serve a circuit court, a superior court, a
county court, a probate court, or the court of appeals. If a senior
judge declines an assignment to serve, the supreme court may offer
the senior judge subsequent assignments to serve a circuit court, a
superior court, a county court, a probate court, or the court of
appeals.
Sec. 5. (a) A senior judge is entitled to the following
compensation:
(1) For each of the first thirty (30) days of service in a
calendar year, a per diem of fifty dollars ($50).
(2) Except as provided in subsection (c), for each day the
senior judge serves after serving the first thirty (30) days of
service in a calendar year, a per diem of one hundred dollars
($100).
(3) Reimbursement for:
(A) mileage; and
be paid by the county upon the order of the majority of the
committee of judges.
Sec. 6. (a) To implement this chapter, the judges of the courts,
sitting in committee, may appoint additional personnel in sufficient
number so that the courts are adequately served by the court
administrator.
(b) The salaries of the additional personnel shall be paid by the
county upon the order of the committee of judges.
Chapter 5. Magistrates
Sec. 1. This chapter applies to a court expressly authorized by
statute to appoint a full-time magistrate.
Sec. 2. A magistrate must be admitted to the practice of law in
Indiana.
Sec. 3. A magistrate may not engage in the practice of law while
holding the office of magistrate.
Sec. 4. The files of applicants for appointment as a magistrate,
including the names of applicants, are confidential as provided in
IC 5-14-3-4(b)(8).
Sec. 5. A magistrate may do any of the following:
(1) Administer an oath or affirmation required by law.
(2) Solemnize a marriage.
(3) Take and certify an affidavit or deposition.
(4) Order that a subpoena be issued in a matter pending
before the court.
(5) Compel the attendance of a witness.
(6) Punish contempt.
(7) Issue a warrant.
(8) Set bail.
(9) Enforce court rules.
(10) Conduct a preliminary, an initial, an omnibus, or other
pretrial hearing.
(11) Conduct an evidentiary hearing or trial.
(12) Receive a jury's verdict.
(13) Verify a certificate for the authentication of records of a
proceeding conducted by the magistrate.
(14) Enter a final order, conduct a sentencing hearing, and
impose a sentence on a person convicted of a criminal offense
as described in section 9 of this chapter.
Sec. 6. A magistrate may serve as a judge pro tempore or as a
special judge of the court. A magistrate is not entitled to additional
compensation for service under this section.
Sec. 7. The court may assign a magistrate administrative duties
that are consistent with this chapter.
Sec. 8. Except as provided under section 9(b) of this chapter, a
magistrate:
(1) does not have the power of judicial mandate; and
(2) may not enter a final appealable order unless sitting as a
judge pro tempore or a special judge.
Sec. 9. (a) Except as provided under subsection (b), a magistrate
shall report findings in an evidentiary hearing, a trial, or a jury's
verdict to the court. The court shall enter the final order.
(b) If a magistrate presides at a criminal trial, the magistrate
may do the following:
(1) Enter a final order.
(2) Conduct a sentencing hearing.
(3) Impose a sentence on a person convicted of a criminal
offense.
Sec. 10. A magistrate is entitled to an annual salary equal to
eighty percent (80%) of the salary of a judge under IC 33-38-5-6.
Sec. 11. Except as provided in section 12 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.
Sec. 12. The salary of a magistrate appointed under
IC 31-31-3-2 shall be paid in accordance with IC 33-38-5-7.
Sec. 13. A magistrate may:
(1) participate in the public employees' retirement fund as
provided in IC 5-10.3; or
(2) elect to remain in the judges' retirement system under
IC 33-38 if the magistrate had previously participated in the
system.
Chapter 6. Circuit Court and Superior Court Domestic
Relations Alternative Dispute Resolution
Sec. 1. (a) In addition to the fees required under IC 33-37-4-4,
if a county meets the requirements of this chapter, the clerk of the
court shall collect from the party filing a petition for legal
separation, paternity, or dissolution of marriage under IC 31 an
alternative dispute resolution fee of twenty dollars ($20).
(b) Not later than thirty (30) days after the clerk collects a fee
under subsection (a), the clerk shall forward to the county auditor
the alternative dispute resolution fee. The county auditor shall
deposit the fee forwarded by the clerk under this section into the
alternative dispute resolution fund.
Sec. 2. (a) There is established an alternative dispute resolution
fund for the circuit court and an alternative dispute resolution
fund for the superior court. The exclusive source of money for each
fund is the alternative dispute resolution fee collected under section
1 of this chapter for the circuit or superior court, respectively.
(b) The funds shall be used to foster domestic relations
alternative dispute resolution, including:
(1) mediation;
(2) reconciliation;
(3) nonbinding arbitration; and
(4) parental counseling.
Litigants referred by the court to services covered by the fund shall
make a copayment for the services in an amount determined by the
court based on the litigants' ability to pay. The fund shall be
administered by the circuit or superior court that exercises
jurisdiction over domestic relations and paternity cases in the
county. Money in each 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 section.
(c) The circuit or superior court that administers the alternative
dispute resolution fund shall ensure that money in the fund is
disbursed in a manner that primarily benefits those litigants who
have the least ability to pay, in accordance with the plan adopted
by the county under section 3 of this chapter.
(d) A court may not order parties into mediation or refer parties
to mediation if a party is currently charged with or has been
convicted of a crime:
(1) under IC 35-42; or
(2) in another jurisdiction that is substantially similar to the
elements of a crime described in IC 35-42.
Sec. 3. (a) A county desiring to participate in the program under
this chapter must:
(1) develop a plan to carry out the purposes of section 2 of this
chapter that is approved by a majority of the judges in the
county exercising jurisdiction over domestic relations and
paternity cases; and
(2) submit the plan to the judicial conference of Indiana.
(b) The plan under subsection (a) must include:
(1) information concerning how the county proposes to carry
out the purposes of the domestic relations alternative dispute
resolution fund as set out in section 2 of this chapter; and
(2) a method of ensuring that the money in the alternative
dispute resolution fund is disbursed in a manner that
primarily benefits those litigants who have the least ability to
pay.
The plan may include the use of senior judges as mediators in
domestic relations cases as assigned by the supreme court. The
judicial conference of Indiana may request additional information
from the county as necessary.
Sec. 4. A county that participates in the program under this
chapter shall submit a report to the judicial conference of Indiana
not later than December 31 of each year summarizing the results
of the program.
Chapter 7. Juvenile Court Jurisdiction
Sec. 1. A circuit court has juvenile jurisdiction unless this title
provides that another court in the same county has exclusive
juvenile jurisdiction.
Sec. 2. A court other than a circuit court has juvenile
jurisdiction only if:
(1) this title specifically provides that the court has juvenile
jurisdiction; or
(2) this title provides that the court has the same jurisdiction
as a circuit court having juvenile jurisdiction.
Sec. 3. (a) When in session under this chapter, a court shall be
known as the juvenile court.
(b) A juvenile court shall maintain its own docket, order book,
and records.
Sec. 4. A juvenile court may adopt rules to:
(1) simplify; and
(2) expedite;
its own proceedings and decisions.
Chapter 8. Notice to Licensing Body of Insurance Fraud
Conviction
Sec. 1. As used in this chapter, "governmental body" means an
agency, a board, or a commission of the legislative, executive, or
judicial branch of state government.
Sec. 2. As used in this chapter, "license" means an occupational
or a professional license, registration, permit, or certificate issued
by a governmental body.
Sec. 3. As used in this section, "practitioner" means a person
who holds a license. The term includes the following:
(1) An attorney.
(2) A person practicing an occupation or a profession that is
licensed under IC 27 or by a board referred to in
IC 25-1-2-6(b).
serves for a term of four (4) years.
Sec. 4. The chairman of the legislative council shall appoint the
chairperson and vice chairperson of the commission on courts from
among the legislative members of the commission. The chairperson
and vice chairperson:
(1) may not be members of the same political party;
(2) may not be from the same house of the general assembly;
and
(3) must be appointed from a different house of the general
assembly each year.
Sec. 5. (a) Each member of the commission on courts who is not
a state employee is entitled to the minimum salary per diem
provided by IC 4-10-11-2.1(b). The member is also entitled to
reimbursement for traveling expenses and other expenses actually
incurred in connection with the member's duties, as provided in the
state travel policies and procedures established by the Indiana
department of administration and approved by the budget agency.
(b) Each member of the commission who is a state employee but
who is not a member of the general assembly is entitled to
reimbursement for traveling expenses and other expenses actually
incurred in connection with the member's duties, as provided in the
state travel policies and procedures established by the Indiana
department of administration and approved by the budget agency.
(c) Each member of the commission who is a member of the
general assembly is entitled to receive the same per diem, mileage,
and travel allowances paid to members of the general assembly
serving on interim study committees established by the legislative
council.
Sec. 6. (a) The legislative services agency shall employ necessary
staff to carry out the administrative duties and functions of the
commission on courts, including the following:
(1) Giving notices of commission meetings and other
communication services.
(2) Keeping records related to commission meetings,
proceedings, and actions.
(3) Preparing the report required under section 7 of this
chapter.
(4) Providing the detailed investigation necessary for the
commission to fulfill the duties imposed under section 7 of this
chapter.
(5) Preparing draft proposals required under section 7 of this
chapter.
hearing officer if the judge pro tempore, commissioner, or hearing
officer sits more than twenty (20) days other than Saturdays,
Sundays, or holidays in one (1) calendar year as a judge,
commissioner, or hearing officer in any court.
Sec. 8. As used in this chapter, "person" means any individual,
proprietorship, partnership, unincorporated association, trust,
business trust, group, limited liability company, or corporation,
whether or not operated for profit, or a governmental agency or
political subdivision.
Sec. 9. A justice, judge, or prosecuting attorney may not
participate in a cause that involves a matter in which the justice,
judge, or prosecuting attorney or a member of the family of the
justice, judge, or prosecuting attorney has an economic interest.
Sec. 10. The actions of a justice, judge, or prosecuting attorney
in a cause that involves a legislator or a member of a legislator's
family may not be influenced by any matters previously considered
or to be considered by the legislator in the general assembly.
Sec. 11. A justice, judge, or prosecuting attorney shall promptly
and fully disclose any economic interest or other personal stake the
justice, judge, or prosecuting attorney or a member of the family
of the justice, judge, or prosecuting attorney may have in a cause
in which the justice, judge, or prosecuting attorney is a participant.
Sec. 12. A justice, judge, or prosecuting attorney may not accept
any compensation from any employment, transaction, or
investment that was entered into or made as a result of material
information of a confidential nature.
Sec. 13. A justice, judge, or prosecuting attorney may not accept
compensation for the sale or lease of any property or service that
exceeds the amount that the justice, judge, or prosecuting attorney
would charge in the ordinary course of business from any person
or entity whom the justice, judge, or prosecuting attorney knows,
or has reason to know, has an economic interest in the outcome of
a current or future cause in which the justice, judge, or prosecuting
attorney is or may be a participant.
Sec. 14. (a) The following shall file with the commission on
judicial qualifications an annual statement of economic interests:
(1) Justices, judges, prosecuting attorneys, and the clerk of the
supreme court.
(2) Except as provided in subsection (c), any candidate for one
(1) of the offices listed in subdivision (1) who is not the holder
of that office.
(b) Justices and judges who are candidates for retention in office
are subject to IC 3-9.
(c) This section does not apply to a candidate for an
appointment pro tempore to fill a vacancy in an office under
IC 3-13.
Sec. 15. (a) The statement of economic interests must be filed
with the commission on judicial qualifications:
(1) not later than February 1 if the individual is required to
file the statement as an officeholder; or
(2) if a candidate for office, before the individual (or a
political party officer acting on behalf of the individual) files:
(A) a declaration of candidacy, if required under IC 3-8-2
or IC 3-8-4-11;
(B) a certified petition of nomination with the Indiana
election division under IC 3-8-6;
(C) a certificate of nomination under IC 3-8-7-8;
(D) a certificate of candidate selection under IC 3-13-1 or
IC 3-13-2; or
(E) a declaration of intent to be a write-in candidate, if
required under IC 3-8-2.
(b) In a county where judges are selected by a county
commission on judicial qualifications, a candidate must file a
statement with the county commission on judicial qualifications
and with the commission on judicial qualifications.
Sec. 16. The statement of economic interests must set forth the
following information for the preceding calendar year:
(1) The name and address of any person other than a spouse
or close relative from whom the justice, judge, prosecuting
attorney, or clerk of the supreme court received a gift or gifts
having a total fair market value of more than one hundred
dollars ($100).
(2) The name of the employer of the justice, judge,
prosecuting attorney, or clerk of the supreme court and the
employer of the spouse of the justice, judge, prosecuting
attorney, or clerk of the supreme court.
(3) The nature of the employer's business.
(4) The name of any sole proprietorship owned or professional
practice operated by the justice, judge, prosecuting attorney,
clerk of the supreme court, or the spouse of the justice, judge,
prosecuting attorney, or clerk of the supreme court, and the
nature of the business.
(5) The name of any partnership of which the justice, judge,
prosecuting attorney, clerk of the supreme court, or the
spouse of the justice, judge, prosecuting attorney, or clerk of
the supreme court is a member and the nature of the
partnership's business.
(6) The name of any corporation (except a church) of which
the justice, judge, prosecuting attorney, clerk of the supreme
court, or the spouse of the justice, judge, prosecuting attorney,
or clerk of the supreme court is an officer or a director and
the nature of the corporation's business.
(7) The name of any corporation in which the justice, judge,
prosecuting attorney, clerk of the supreme court, or the
spouse or unemancipated children less than eighteen (18)
years of age of the justice, judge, prosecuting attorney, or
clerk of the supreme court own stock or stock options having
a fair market value of more than ten thousand dollars
($10,000).
Sec. 17. A justice of the supreme court or judge of the court of
appeals may not:
(1) engage in the practice of law;
(2) run for elected office other than a judicial office;
(3) directly or indirectly make any contribution to, or hold
any office in, a political party or organization; or
(4) take part in any political campaign;
as provided in Article 7, Section 11 of the Constitution of the State
of Indiana.
Chapter 12. Political Activity of Court Employees
Sec. 1. The general assembly finds that:
(1) the right of every citizen to freely participate in political
activity is inherent in the guarantee of free speech contained
in Article 1, Section 9 of the Constitution of the State of
Indiana and in Amendment I to the Constitution of the United
States;
(2) the right to freely participate in political activity is
guaranteed to state employees under IC 4-15-10-2;
(3) the judiciary is not less subject to constitutional strictures
against governmental interference with the free exercise of
speech than are the executive and legislative branches of
government; and
(4) employees in the judicial branch of state government have
the same rights guaranteed to all Indiana citizens.
Sec. 2. (a) As used in this chapter, "court employee" means a
person employed by any of the following:
(1) The supreme court.
opinions and decisions may be published and distributed in the
manner prescribed by the supreme court.
Sec. 3. (a) The supreme court shall have a seal that is devised by
the justices of the supreme court.
(b) A description of the seal shall be recorded in the office of the
secretary of state.
Sec. 4. The supreme court may do the following:
(1) Frame, direct, and cause to be used all process, establish
modes of practice that may be necessary in the exercise of the
supreme court's authority, and make and publish regulations
concerning all process and modes of practice.
(2) Establish regulations concerning bonds required in
appeals to the supreme court, the amount of the penalties
related to the bonds, and for approving sureties executing
bonds.
(3) Establish regulations concerning giving notice to officers
of inferior courts of the granting of stay of execution, or of
supersedeas.
(4) Establish regulations concerning proceedings that are
requisite in the supreme court in the exercise of the supreme
court's authority that are not specially provided for by law.
Sec. 5. The supreme court may:
(1) impose and administer all necessary oaths;
(2) punish by fine and imprisonment for contempt of the
supreme court's authority; and
(3) process and compel the attendance of witnesses by
attachment and fine.
Sec. 6. The supreme court may, by rule of court, provide that if:
(1) the Supreme Court of the United States, a circuit court of
appeals of the United States, or the court of appeals of the
District of Columbia determines that there are involved in any
proceeding before the federal appellate court questions or
propositions of the laws of Indiana that are determinative of
the proceeding; and
(2) there are no clear controlling precedents in the decisions
of the supreme court;
the federal appellate court may certify the questions or
propositions of the laws of Indiana to the supreme court for
instructions concerning the questions or propositions of state law,
and the supreme court, by written opinion, may answer.
Sec. 7. (a) The supreme court may appoint a judge who is
certified as a senior judge by the judicial nominating commission
to serve a circuit court or a superior court if the court requests the
services of a senior judge.
(b) The supreme court may adopt rules concerning:
(1) certification by the judicial nominating commission; and
(2) appointment by the supreme court;
of senior judges.
Chapter 4. Supreme Court Clerk
Sec. 1. (a) A clerk of the supreme court shall be elected under
IC 3-10-2-7 by the voters of the state. The term of office of the
clerk is four (4) years, beginning January 1 following the
individual's election.
(b) The clerk shall execute a bond in the sum of two thousand
dollars ($2,000).
Sec. 2. The clerk of the supreme court shall do the following:
(1) Reside, and keep the clerk's office open, in a building
provided for that purpose by the state, at the seat of
government, from 9 a.m. until 4 p.m. of every day in the year
except Sundays and Independence Day.
(2) Procure and preserve in the office all records and other
books and stationery required by the court.
(3) Attend, in person or by deputy, the terms of the court.
(4) Administer all oaths authorized by law.
(5) Sign and seal, with the seal, and issue all process required
to be issued from the court, under the clerk's hand.
(6) Endorse the time of filing books, records, or writings
required to be filed or deposited in the clerk's office.
(7) Make a complete record of all causes finally determined in
the court, except the transcript of the court below.
Sec. 3. The supreme court shall allow the clerk of the supreme
court a reasonable compensation for the record books and
stationery furnished by the clerk for the use of the court if the clerk
presents to the court an account specifying each item to be
furnished to the court. The account presented by the clerk must be
verified by an oath taken and subscribed by the clerk, to be
administered by a justice of the court.
Sec. 4. An allowance made under section 3 of this chapter shall
be entered on the order book of the supreme court. Upon receipt
of a certified transcript of the allowance that is signed by a justice
of the supreme court and attested by the seal of the court, the
auditor of state shall issue a warrant for the allowance to the
treasurer of state.
Sec. 5. (a) The clerk of the supreme court shall certify any
opinion, decision, and judgment of the supreme court and of the
court of appeals to the lower court from which the cause was
appealed, in the manner provided by statute and by the rules of the
supreme court.
(b) The clerk of the court from which the cause was appealed,
upon receipt of the certification, shall file the certification with the
papers in the cause, and that court shall order the opinion,
decision, and judgment, including its certification, spread of record
in the order book of the court.
Sec. 6. The supreme court shall annually appoint one (1) of its
justices to inspect the office of the clerk of the supreme court and
to report, at the next term, the condition of the records and books
of that office. The report shall be entered on the order book of the
court.
Sec. 7. At the expiration of the term of office of the clerk of the
supreme court, the clerk shall deliver to the clerk's successor all
the books and papers of the clerk's office.
Sec. 8. The clerk of the supreme court shall post a table of fees
in a conspicuous place in the clerk's office. If the clerk fails to post
a table of fees, the clerk may not demand or receive fees for
services that the clerk renders.
Chapter 5. Supreme Court Sheriff
Sec. 1. (a) On the second Monday of January in each
odd-numbered year, the supreme court shall appoint a sheriff.
(b) The sheriff of the supreme court must give bond in the sum
of five thousand dollars ($5,000), with sureties to be approved by
the court.
(c) The term of the sheriff's office is two (2) years.
(d) When a vacancy in the sheriff's office occurs in vacation, any
two (2) of the justices of the court may appoint a sheriff to serve
until the next term of the court, when the vacancy shall be filled by
a vote of a majority of the court's justices.
Sec. 2. The sheriff of the supreme court or a county police
officer shall:
(1) attend the court in term time;
(2) execute the orders of the court;
(3) preserve order within the court; and
(4) execute all process issued out of the court.
Sec. 3. (a) When any process, rule, or order, is received by the
sheriff of the supreme court, the sheriff may transmit it by mail to
the sheriff of the county where the process, rule, or order is to be
served.
the fees for mileage and one half (1/2) of the fees for service. The
remaining half of the fees for service shall be paid the sheriff of the
supreme court.
(c) Fees for mileage may be charged only from the county seat
of the county in which the process is to be served to the place of
service.
(d) When money is collected on any process, rule, or order
issued out of the supreme court by the county sheriff, two-thirds
(2/3) of the sheriff's allowance is retained by the county sheriff and
the remaining one-third (1/3) must be delivered to the sheriff of the
supreme court.
Sec. 6. The sheriff of the supreme court must pay both the
outgoing and return postage on process, rules, or orders issued by
the court and recover the funds expended on postage as part of the
costs of the proceeding.
Sec. 7. The sheriff of the supreme court may require the coroner
of any county to act as the sheriff of the supreme court's deputy
where the sheriff of that county is an interested party.
Sec. 8. The sheriff of the supreme court is subject to all the
penalties and liabilities of sheriffs of the circuit courts.
Sec. 9. (a) The supreme court must allow the sheriff of the
supreme court reasonable compensation for fuel, stationery, and
extra services. The sheriff of the supreme court may file a
statement verified by an oath administered by the clerk of the
court specifying each expenditure eligible for compensation.
(b) The compensation allowed to the sheriff of the supreme
court by the court shall be entered on the order book of the court.
On the presentation of a certified copy of an order for
compensation, attested with the seal of the court, to the auditor of
state, the auditor of state shall issue a warrant for the payment of
compensation to the sheriff to the treasurer of state.
Chapter 6. Office of Judicial Administration
Sec. 1. (a) There is created within the office of chief justice the
office of judicial administration.
(b) The office consists of two (2) divisions, entitled:
(1) supreme court administration; and
(2) state court administration.
(c) The division of supreme court administration shall be headed
by a supreme court administrator. The division of state court
administration shall be headed by an executive director.
Sec. 2. (a) The personnel of the office of judicial administration
shall be appointed by and serve at the pleasure of the chief justice.
and automation project.
Chapter 7. Supreme Court Records
Sec. 1. When the supreme court or a majority of the justices of
the supreme court consider it necessary to have all or part of the
records of the court transcribed to protect those records from
mutilation or decay arising from any cause, the court or justices
shall order the clerk of the supreme court to transcribe the records
in suitable books to be procured by the clerk for that purpose. The
court shall make a reasonable allowance for the transcription to
the clerk in an amount that the court considers just and proper.
The allowance, when certified by a justice of the court, shall be
audited by the auditor of state and paid as similar allowances in
other cases.
Sec. 2. (a) When the supreme court makes an order under
section 1 of this chapter, the clerk of the supreme court shall
procure the books ordered by the court and transcribe in them the
records or parts of records as ordered by the court.
(b) Records or parts of records transcribed under this chapter
have the force and effect of the original records. Transcripts of
records or parts of records transcribed under this chapter,
certified by the clerk, under the seal of the court, have the same
force and effect as transcripts of the original records.
Sec. 3. (a) The clerk of the supreme court shall prepare for
public use, under the direction of the supreme court, a systematic
index to the court's records and papers on file in the clerk's office.
The index must include the following:
(1) The title and number of every cause appealed to the
supreme court.
(2) The county and court from which appealed.
(3) The date of filing the appeal in the clerk's office.
(4) The date of every decision and how decided.
(5) The number of the box or drawer in which the papers in
every case can readily be found.
The clerk shall also properly clean, arrange, and securely tie the
papers in each cause and place them in boxes and drawers when
they are provided by the proper authorities for that purpose.
(b) The clerk of the supreme court shall also index other papers
and records on file in the clerk's office as may be directed by the
supreme court.
Chapter 8. Supreme Court Fees
Sec. 1. (a) The clerk of the supreme court, for the clerk's
services, shall, upon proper books to be kept in the clerk's office for
that purpose, tax the fees and charge the amounts specified in this
chapter. The fees and amounts belong to and are the property of
the state.
(b) On March 31, June 30, September 30, and December 31 of
each year, the clerk shall:
(1) make and file with the auditor of state a verified account
of all fees and amounts collected during the preceding three
(3) months;
(2) pay the amount shown to be due the state to the treasurer
of state; and
(3) file with the treasurer of state a verified report of
uncollected fees and amounts due the state of Indiana
accruing in cases disposed of during that quarter.
Sec. 2. The clerk of the supreme court shall tax and charge a fee
of two hundred fifty dollars ($250) in each cause filed in either the
supreme court or the court of appeals.
Sec. 3. The clerk of the supreme court may, at any time after the
services are rendered, issue fee bills under IC 33-37-4-10 for
services rendered by the clerk or by another person in the court.
Sec. 4. (a) The clerk of the supreme court shall charge the
following fees:
(1) For making record and certificate of admission of
attorneys to practice before the supreme court, a fee of two
dollars ($2).
(2) For making and furnishing to any person, firm, limited
liability company, or corporation unauthenticated copies of
the opinions of the supreme court and the court of appeals for
the purpose of publication by the person, firm, limited
liability company, or corporation obtaining the copies, if a
contract has been made by the clerk with the person, firm,
limited liability company, or corporation to furnish the copies
for at least one (1) year, a fee of two thousand eight hundred
twenty-five dollars ($2,825) per year, to be paid quarterly in
advance.
(b) The clerk of the supreme court may make a contract
described in subsection (a).
(c) This section does not prohibit proprietors of newspapers
from copying opinions of the supreme court and the court of
appeals or from making abstracts of these opinions for publication
in the newspapers.
(d) For all other unauthenticated copies of the opinions of the
supreme court and the court of appeals furnished by the clerk of
the supreme court to any person, firm, limited liability company,
or corporation, the clerk shall charge one dollar ($1) per page.
(e) The fees and amounts charged under this section shall be
deposited by the clerk of the supreme court into the state general
fund in the manner and at the time provided for the making of the
quarterly reports of other collected fees due the state.
Sec. 5. The quarterly report required to be made by the clerk of
the supreme court under section 1 of this chapter must show the
number and title of the cause and the amount due the state. The
clerk is not required to make any other or different reports, except
special reports on the order of the supreme court or the court of
appeals, or the written request of the governor or auditor of state.
Sec. 6. (a) The clerk of the supreme court shall tax and charge
in favor of the sheriff of the supreme court, or in favor of county
sheriffs for their services as the deputies of the sheriff of the
supreme court, the fees and amounts provided by law. The fees and
amounts described in this subsection do not belong to the state but
are the property of the sheriff of the supreme court and the
sheriff's agents. When the fees are collected, the fees shall be paid
over to the sheriff or the sheriff's agents.
(b) The clerk of the supreme court at the expiration of the
clerk's term shall hand over to the clerk's successor in office all of
the books, papers, fees, costs, charges, and amounts, together with
all money and other property received by the clerk by virtue of the
clerk's office or under color of that office.
(c) The attorney general shall enforce the collection, for the use
and benefit of the party entitled to them, all fees and amounts
collected and retained by the person, including penalties, against
any persons liable for the fees and amounts. All unclaimed fees
collected under this chapter from former clerks that have been
paid in for two (2) years and remain in the office of the clerk of the
supreme court for six (6) months uncollected by the person to
whom the fees are due, and all other unclaimed fees in the hands of
the clerk of the supreme court, after the expiration of two (2) years
from the date when the fees are paid to the clerk, shall be paid into
the state treasury, to be held as other funds that escheat to the
state. The clerk of the supreme court, when fees are paid into the
office of the clerk for the benefit of any other officer or person,
shall immediately notify that officer or person by mail that the fees
have been paid, the date of payment, and the amount of the
payment.
Chapter 9. Appeal Bonds
counsel, investigators, hearing officers, and the commissioners are
immune from civil liability for damages for conduct within the
scope and arising out of the performance of their duties.
Chapter 11. Indiana Child Custody and Support Advisory
Committee
Sec. 1. (a) The Indiana child custody and support advisory
committee is established. The committee consists of twelve (12)
members as follows:
(1) One (1) judge or magistrate whose jurisdiction and
caseload includes domestic relations.
(2) One (1) attorney admitted to the practice of law in Indiana
who conducts at least fifty percent (50%) of the attorney's
practice in the area of domestic relations.
(3) Eight (8) members of the general assembly, with the
members chosen from the standing committees that consider
child custody and support matters.
(4) A custodial parent.
(5) A noncustodial parent.
(b) The appointments under subsection (a)(3) must include the
following:
(1) Four (4) members from the senate, with not more than two
(2) from the same political party and not more than two (2) of
the same gender.
(2) Four (4) members from the house of representatives, with
not more than two (2) from the same political party and not
more than two (2) of the same gender.
(c) Appointments of the committee members shall be made as
follows:
(1) The speaker of the house of representatives shall appoint
the members under subsection (a)(1) and (a)(4) and the four
(4) members from the house of representatives under
subsection (a)(3).
(2) The president pro tempore of the senate shall appoint the
members under subsection (a)(2) and (a)(5) and the four (4)
members from the senate under subsection (a)(3).
(d) The members appointed under subsection (a)(1) and (a)(2)
must be of opposite gender.
(e) The members appointed under subsection (a)(4) and (a)(5)
must be of opposite gender.
Sec. 2. (a) An appointment under section 1 of this chapter is for
a two (2) year term. A term begins August 1 of a year and an
appointment required to be made that year shall be made before
August 2.
(b) If a vacancy occurs, the vacancy shall be filled from the same
group that was represented by the outgoing member. The new
member serves for the remainder of the unexpired term.
Sec. 3. The chairman of the legislative council shall designate a
member to serve as chairperson of the committee.
Sec. 4. (a) A member of the committee who is not a state
employee is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). The member is also entitled to reimbursement
for traveling expenses and other expenses actually incurred in
connection with the member's duties, as provided in the state travel
policies and procedures established by the Indiana department of
administration and approved by the budget agency.
(b) A member of the committee who is a state employee but is
not a member of the general assembly is entitled to reimbursement
for traveling expenses and other expenses actually incurred in
connection with the member's duties, as provided in the state travel
policies and procedures established by the Indiana department of
administration and approved by the budget agency.
(c) A member of the committee who is a member of the general
assembly is entitled to receive the same per diem, mileage, and
travel allowances paid to members of the general assembly serving
on an interim study committee established by the legislative
council.
Sec. 5. The committee shall meet at the call of the chairperson.
The committee may meet any number of times during the year.
However, the committee may not be compensated for more than
four (4) meetings during a year.
Sec. 6. (a) The committee shall review the child support
guidelines adopted by the supreme court. The committee shall
make recommendations, if appropriate, concerning any
amendments to the guidelines. In reviewing the guidelines and
formulating recommendations, the committee shall consider all
relevant matters, including the following:
(1) The mathematics pertaining to the child support guideline
chart.
(2) The actual costs of supporting a child.
(3) Whether it is appropriate to calculate child support
guideline amounts based primarily upon the ability of the
parent to pay rather than the financial needs of the child.
(4) Equality of child support awards for the children of the
parties, regardless of birth order.
Indiana Judicial Report.
STEP THREE: Divide the amount determined in STEP ONE
by the amount determined in STEP TWO.
STEP FOUR: Multiply the quotient determined in STEP
THREE by the annual amount appropriated under section 7
of this chapter or by the annual amount of the appropriation
from the state general fund as provided in the state budget
act, whichever is greater.
Except as provided in subsection (b), the product determined in
STEP FOUR is the amount to be distributed to the legal services
provider or providers having the county in its service area.
(b) In a county where there is more than one (1) legal services
provider, the amount distributed from the fund for that county
shall be distributed among the legal services providers in direct
proportion to the number of legal services providers in that county.
(c) Distributions from the fund shall be made on January 1 and
July 1 of each year. Money in the fund is annually appropriated to
carry out the purposes of the fund.
Sec. 7. There is appropriated on June 30 and December 31 of
each year five hundred thousand dollars ($500,000) from the state
general fund for deposit into the fund.
Chapter 13. Indiana Conference for Legal Education
Opportunity
Sec. 1. As used in this chapter, "program" refers to the Indiana
conference for legal education opportunity established by section
2 of this chapter.
Sec. 2. The Indiana conference for legal education opportunity
is established to assist Indiana minority, low income, or
educationally disadvantaged college graduates in pursuing a law
degree and a career in the Indiana legal and professional
community.
Sec. 3. (a) The program shall be organized and administered by
the chief justice of the supreme court. The chief justice shall
appoint an advisory committee composed of eight (8) members as
follows:
(1) Two (2) practicing attorneys.
(2) Two (2) judges.
(3) Two (2) Indiana law school professors or administrators.
(4) Two (2) members representing community groups.
(b) The chief justice shall serve as chair of the advisory
committee.
(c) Appointed members of the committee serve for three (3) year
terms and may be reappointed.
(d) The committee shall solicit applications and select persons
for the program who:
(1) have earned a bachelor's degree;
(2) have applied to an Indiana law school;
(3) have demonstrated the interest, motivation, and capacity
to earn a law degree; and
(4) would benefit from the special training offered by the
program.
(e) The committee shall award annual stipends to certified
graduates of the program.
Sec. 4. (a) The program must provide for an intensive course of
study to prepare the students selected for the demands of a law
school education through classroom discussion and instruction in
legal research, writing, and analysis.
(b) The program shall be taught by law professors and others
from the legal profession and shall be held at an Indiana law school
during the summer months.
Sec. 5. (a) The program must provide financial assistance in the
form of an annual stipend for those students who successfully
complete the course of study and become certified graduates of the
program.
(b) To be eligible for the annual stipend, certified graduates
must be admitted to an Indiana law school, enroll on a full-time
basis, and maintain good academic standing. However, for good
cause and to advance the purposes of the program, the advisory
committee may waive the requirement that a certified graduate
must enroll on a full-time basis.
(c) The stipend may be awarded for up to three (3) successive
academic years, if the student remains eligible. However, for good
cause, the advisory committee may approve the award of a stipend
to a student for more than three (3) successive academic years if:
(1) the student requires more than three (3) successive
academic years to earn a law degree; and
(2) the total amount of the stipend that is awarded to the
student does not exceed the amount the student would have
been awarded if the student had been enrolled:
(A) on a full-time basis; and
(B) for up to three (3) successive academic years.
Sec. 6. The courts of the state are encouraged and requested to
develop programs and opportunities to further the purposes of the
program.
service and senior in length of service, the determination of chief
judge shall be by lot until the cause of vacancy is terminated or the
vacancy is filled.
(b) The members of each district, other than the district from
which the chief judge was chosen, shall select one (1) of their
members as presiding judge of the district.
Sec. 2. If a judge of the court of appeals:
(1) is related to a party;
(2) is interested in a case;
(3) was a counsel in a case; or
(4) was the judge who rendered the decision in a lower court
that has been appealed to the court of appeals;
the judge shall disqualify himself or herself and not sit to hear the
case.
Sec. 3. When a judge disqualifies himself or herself or is
otherwise unable to sit for the hearing or decision of a case in the
judge's district, the chief judge shall assign a court of appeals judge
to the disqualified or absent judge's district for the hearing and
decision of the case.
Sec. 4. Except as provided in IC 34-56-1, an appeal may not be
taken to the court of appeals in any civil case where the amount in
controversy, exclusive of interest and costs, does not exceed fifty
dollars ($50).
Sec. 5. The hearing and argument of cases in the court of
appeals shall be in accordance with:
(1) the rules of the supreme court as to hearing and argument;
or
(2) any rules the court of appeals adopts.
Sec. 6. The judicial opinion or decision in each case determined
by the court of appeals shall be reduced to writing. Reports of these
opinions and decisions may be published and distributed in the
manner prescribed by the supreme court.
Sec. 7. (a) In every case reversed by a division of the court of
appeals:
(1) an opinion shall be given on the material questions in the
case in writing; and
(2) the appropriate judgment shall be entered, with directions
to the lower court.
(b) In all cases, the opinion and judgment shall be certified to
the lower court thirty (30) days after the date allowed by law for
the filing of a petition for a rehearing, unless:
(1) an earlier date has been ordered by the division;
2004]:
ARTICLE 26. TAX COURT
Chapter 1. Establishment of the Indiana Tax Court
Sec. 1. The Indiana tax court is established.
Sec. 2. The tax court is a court of record.
Chapter 2. Tax Court Judge
Sec. 1. The tax court consists of one (1) judge.
Sec. 2. The judge of the tax court must:
(1) be a citizen of Indiana; and
(2) have been admitted to the practice of law in Indiana for a
period of at least five (5) years.
Sec. 3. (a) The initial term of office of a person appointed to
serve as the judge of the tax court begins on the effective date of
that appointment and ends on the date of the next general election
that follows the expiration of two (2) years from the effective date
of that appointment.
(b) The tax court judge may be approved or rejected for an
additional term or terms in the same manner as are the justices of
the supreme court under IC 33-24-2.
Sec. 4. (a) Except as otherwise provided in this section, a
vacancy on the tax court shall be filled as provided in IC 33-27.
(b) Before the expiration of the sixty (60) day period prescribed
by IC 33-27-3-4, the governor shall:
(1) appoint to the tax court one (1) of the three (3) persons
initially nominated by the judicial nominating commission; or
(2) reject all the persons initially nominated by the
commission.
If the governor does reject all the nominees, the governor shall
notify the chairman of the judicial nominating commission of that
action. The commission shall then submit the nominations of three
(3) new candidates to the governor not later than forty (40) days
after receipt of the notice. The governor shall fill the vacancy on
the tax court by appointing one (1) of the new candidates within
sixty (60) days from the date the names of the new candidates are
submitted by the commission.
Sec. 5. (a) The judge of the tax court is entitled to an annual
salary equal to the annual salary provided in IC 33-38-5-8 to a
judge of the court of appeals. In addition, the judge of the tax court
is entitled to the following:
(1) Reimbursement for traveling expenses and other expenses
actually incurred in connection with the judge's duties, as
provided in the state travel policies and procedures
established by the Indiana department of administration and
approved by the budget agency.
(2) A subsistence allowance equal to the amount provided
under IC 33-38-5-8 to a judge of the court of appeals who is
not the chief judge of the court of appeals.
(b) The judge of the tax court:
(1) shall devote full time to judicial duties; and
(2) may not engage in the practice of law.
(c) The state shall pay the annual salary prescribed in
subsection (a) from the state general fund.
(d) The state shall furnish an automobile to the judge of the
state tax court.
Sec. 6. If the judge of the tax court is disqualified from hearing
a case or is incapable of exercising judicial duties with respect to
the case, the chief justice of the supreme court shall appoint a
judge pro tempore to sit in place of the disqualified or absent
judge.
Chapter 3. Jurisdiction and Venue
Sec. 1. The tax court is a court of limited jurisdiction. The tax
court has exclusive jurisdiction over any case that arises under the
tax laws of Indiana and that is an initial appeal of a final
determination made by:
(1) the department of state revenue with respect to a listed tax
(as defined in IC 6-8.1-1-1); or
(2) the Indiana board of tax review.
Sec. 2. In addition to the jurisdiction described in section 1 of
this chapter, the tax court has:
(1) any other jurisdiction conferred by statute; and
(2) exclusive jurisdiction over any case that was an initial
appeal of a final determination made by the state board of tax
commissioners before January 1, 2002.
Sec. 3. The cases over which the tax court has exclusive original
jurisdiction are referred to as original tax appeals in this article.
The tax court does not have jurisdiction over a case unless:
(1) the case is an original tax appeal; or
(2) the tax court has otherwise been specifically assigned
jurisdiction by statute.
Sec. 4. A taxpayer that appeals to the tax court shall, at the time
the appeal is filed, elect to have all evidentiary hearings in the
appeal conducted in one (1) of the following counties:
(1) Allen County.
(2) Jefferson County.
tax review; and
(2) any additional evidence taken under section 5 of this
chapter.
The tax court may not try the case de novo or substitute its
judgment for that of the Indiana board of tax review. Judicial
review is limited to only those issues raised before the Indiana
board of tax review, or otherwise described by the Indiana board
of tax review, in its final determination.
(c) A person may obtain judicial review of an issue that was not
raised before the Indiana board of tax review only to the extent
that the:
(1) issue concerns whether a person who was required to be
notified of the commencement of a proceeding under this
chapter was notified in substantial compliance with the
applicable law; or
(2) interests of justice would be served by judicial resolution
of an issue arising from a change in controlling law occurring
after the Indiana board of tax review's action.
Sec. 4. (a) The burden of demonstrating the invalidity of an
action taken by the state board of tax commissioners is on the
party to the judicial review proceeding asserting the invalidity.
(b) The validity of an action taken by the state board of tax
commissioners shall be determined in accordance with the
standards of review provided in this section as applied to the
agency action at the time it was taken.
(c) The tax court shall make findings of fact on each material
issue on which the court's decision is based.
(d) The tax court shall grant relief under section 7 of this
chapter only if the tax court determines that a person seeking
judicial relief has been prejudiced by an action of the state board
of tax commissioners that is:
(1) arbitrary, capricious, an abuse of discretion, or otherwise
not in accordance with law;
(2) contrary to constitutional right, power, privilege, or
immunity;
(3) in excess of or short of statutory jurisdiction, authority, or
limitations;
(4) without observance of procedure required by law; or
(5) unsupported by substantial or reliable evidence.
(e) Subsection (d) may not be construed to change the
substantive precedential law embodied in judicial decisions that
are final as of January 1, 2002.
judicial review proceeding asserting the invalidity.
(c) The validity of an action taken by the Indiana board of tax
review shall be determined in accordance with the standards of
review provided in this section as applied to the agency action at
the time it was taken.
(d) The tax court shall make findings of fact on each material
issue on which the court's decision is based.
(e) The tax court shall grant relief under section 7 of this
chapter only if the tax court determines that a person seeking
judicial relief has been prejudiced by an action of the Indiana
board of tax review that is:
(1) arbitrary, capricious, an abuse of discretion, or otherwise
not in accordance with law;
(2) contrary to constitutional right, power, privilege, or
immunity;
(3) in excess of statutory jurisdiction, authority, or limitations,
or short of statutory jurisdiction, authority, or limitations;
(4) without observance of procedure required by law; or
(5) unsupported by substantial or reliable evidence.
(f) Subsection (e) may not be construed to change the
substantive precedential law embodied in judicial decisions that
are final as of January 1, 2002.
Sec. 7. (a) The tax court shall render its decisions in writing.
(b) Written decisions of the tax court may be published and
distributed in the manner prescribed by the supreme court.
(c) A decision of the tax court remanding the matter of
assessment of property under IC 6-1.1-15-8 to the Indiana board
of tax review shall specify the issues on remand on which the
Indiana board of tax review is to act.
(d) The decisions of the tax court may be appealed directly to
the supreme court.
Chapter 7. Representation by Attorney General
Sec. 1. The office of the attorney general shall represent a
township assessor, a county assessor, a county auditor, a member
of a county property tax assessment board of appeals, or a county
property tax assessment board of appeals that:
(1) made an original determination that is the subject of a
judicial proceeding in the tax court; and
(2) is a defendant in a judicial proceeding in the tax court.
Sec. 2. Notwithstanding representation by the office of the
attorney general, the duty of discovery is on the parties to the
judicial proceeding.
review, or other responsibilities related to paying claims of a
contractor submitted for payment under IC 6-1.1-4-32.
Sec. 4. Upon petition from the department of local government
finance or a contractor, the tax court may order a qualifying
official to produce information requested in writing from the
qualifying official by the department of local government finance
or the contractor.
Sec. 5. If the tax court orders a qualifying official to provide
requested information as described in section 4 of this chapter, the
tax court shall order production of the information not later than
fourteen (14) days after the date of the tax court's order.
Sec. 6. The tax court may find that any willful violation of this
chapter by a qualifying official constitutes a direct contempt of the
tax court.
Chapter 9. Fees
Sec. 1. When a complaint is filed, a taxpayer who initiates an
original tax appeal shall pay to the clerk of the tax court the same
fee as provided in IC 33-37-4-7 for actions in probate court.
Sec. 2. A witness who testifies before the tax court is entitled to
receive the same fee and mileage allowance provided to witnesses
who testify in a circuit court. The person who calls the witness to
testify shall pay the witness fee and mileage allowance.
Sec. 3. The tax court may fix and charge a fee for preparing,
comparing, or certifying a transcript. However, the tax court's fee
may not exceed the fee charged by circuit courts for the same
service.
Sec. 4. The clerk of the tax court shall collect the fees imposed
under sections 1 and 3 of this chapter. The clerk shall transmit the
fees to the treasurer of state. The treasurer shall deposit the fees in
the state general fund.
Sec. 5. If a taxpayer prevails in a complaint that is placed on the
small claims docket under IC 33-26-5, the tax court shall order the
refund of the taxpayer's filing fee under section 1 of this chapter
from the state general fund. The auditor of state shall pay a
warrant that is ordered under this section.
SECTION 6. IC 33-27 IS ADDED TO THE INDIANA CODE AS
A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2004]:
ARTICLE 27. JUDICIAL NOMINATING COMMISSION
Chapter 1. Definitions
Sec. 1. The definitions in this chapter apply throughout this
article.
Sec. 2. "Attorney commissoners" means the three (3)
individuals admitted to the practice of law who are elected to the
judicial nominating commission by the electors.
Sec 3. "Electors" means individuals who are attorneys in good
standing admitted to the practice of law in Indiana.
Sec. 4. "Mail" includes ordinary mail or personal delivery.
Sec. 5. "Nonattorney commissioners" means the three (3)
individuals not admitted to the practice of law who are appointed
to the judicial nominating commission by the governor.
Chapter 2. Commissioners, Employees, and Staff
Sec. 1. (a) The governor shall appoint three (3) nonattorney
citizens of Indiana, one (1) each from the First District, the Second
District, and the Third District of the court of appeals, as
commissioners of the judicial nominating commission.
(b) One (1) month before the expiration of a term of office of a
nonattorney commissioner, the governor shall either reappoint the
commissioner as provided in section 5 of this chapter or appoint a
new nonattorney commissioner. All appointments made by the
governor to the judicial nominating commission shall be certified
to the secretary of state and to the clerk of the supreme court not
later than ten (10) days after the appointment.
(c) Except as provided in subsection (e), the governor shall
appoint each nonattorney commissioner for a term of three (3)
years.
(d) An appointed nonattorney commissioner must reside in the
court of appeals district for which the nonattorney commissioner
was appointed. A nonattorney commissioner is considered to have
resigned the position if the residency of the nonattorney
commissioner changes from the court of appeals district for which
the nonattorney commissioner was appointed.
(e) When a vacancy occurs in the office of a nonattorney
commissioner, the chairman of the commission shall promptly
notify the governor in writing. Vacancies in the office of
nonattorney commissioners shall be filled by appointment by the
governor not later than sixty (60) days after the governor receives
notice of the vacancy. The term of the nonattorney commissioner
appointed to fill the vacancy is for the unexpired term of the
member whose vacancy the new nonattorney commissioner has
filled.
Sec. 2. (a) For purposes of electing attorney members to the
judicial nominating commission, the state shall be divided into
three (3) districts, corresponding to the First District, the Second
District, and the Third District of the court of appeals.
(b) The qualified electors consist of the individuals who are
registered with the clerk of the supreme court as attorneys in good
standing under the requirements of the supreme court.
(c) The electors of each district shall elect one (1) resident of
their district who is admitted to the practice of law in Indiana to
the judicial nominating commission. The term of office of each
elected member is three (3) years, beginning on the first day of
January following the election. During the month before the
expiration of an elected member's term of office, an election shall
be held to fill the succeeding three (3) year term of office. Attorney
commissioners on the commission must reside for the term of their
office in the district from which they were elected. An attorney
commissioner is considered to have resigned the position if the
residency of the attorney commissioner changes from the court of
appeals district for which the attorney commissioner was elected.
(d) Except when a term of office has less than ninety (90) days
remaining, vacancies in the office of an attorney commissioner to
the judicial nominating commission shall be filled for the
unexpired term of the member creating the vacancy by a special
election. An attorney commissioner who is elected to fill an
unexpired term shall commence the attorney commissioner's duties
immediately upon the certification of the new attorney
commissioner's election to the secretary of state.
Sec. 3. The attorney commissioners of the judicial nominating
commission shall be elected by the following process:
(1) The clerk of the supreme court shall, at least ninety (90)
days before the date of an election, send a notice by mail to
the address for each qualified elector shown on the records of
the clerk informing the electors that nominations for the
election must be made to the clerk of the supreme court at
least sixty (60) days before the election.
(2) A nomination in writing accompanied by a signed petition
of thirty (30) electors from the nominee's district, and the
written consent of the nominee shall be filed, by mail or
otherwise, by any electors or group of electors admitted to the
practice of law in Indiana who reside in the same district as
the nominee, in the office of the clerk of the supreme court at
least sixty (60) days before the election.
(3) The clerk of the supreme court shall prepare and print
separate ballots for each court of appeals district. These
ballots must contain the names and residence addresses of all
nominees residing within the district for which the ballots are
prepared, and whose written nominations, petitions, and
written statements of consent have been received sixty (60)
days before the election.
(4) The ballot must read as follows:
Indiana Judicial Nominating Commission
BALLOT FOR DISTRICT ( )
To be cast by individuals residing in District ( ) and registered with
the Clerk of the Supreme Court as an attorney in good standing
under the requirements of the Supreme Court. Vote for one (1)
member listed below for Indiana Judicial Nominating
Commissioner for the term commencing _______.
District ( )
(Name) (Address)
(Name) (Address)
(Name) (Address)
To be counted, this ballot must be completed, the accompanying
certificate completed and signed, and both together mailed or
delivered to the Clerk of the Supreme Court of Indiana,
Indianapolis, Indiana, not later than _______.
accompanying certificate the clerk of the supreme court shall
insure that the certificates have been completed in compliance
with this article. All ballots that are accompanied by a valid
certificate shall be placed in a package designated to contain
ballots. All accompanying certificates shall be placed in a
separate package.
(11) The clerk of the supreme court, with the assistance of the
secretary of state and the attorney general, shall open and
canvass all ballots after 4 p.m. on the last day of the election
period in the office of the clerk of the supreme court. A ballot
received after 4 p.m. may not be counted unless the chief
justice orders an extension of time because of unusual
circumstances. Upon canvassing the ballots, the clerk of the
supreme court shall place all ballots back in their packages.
These, along with the certificates, shall be retained in the
clerk's office for six (6) months, and the clerk may not permit
anyone to inspect them except upon an order of the supreme
court.
(12) Not later than ten (10) days after the election, the clerk
shall certify the results to the secretary of state.
(13) In an election held for selection of attorney
commissioners of the judicial nominating commission, if two
(2) or more nominees are tied, the canvassers shall resolve the
tie by lot in a manner that they shall determine, and the
winner of the lot is considered elected.
Sec. 4. After the attorney commissioners have been elected, and
after the names of the nonattorney commissioners appointed by the
governor have been certified to the secretary of state as provided
in this chapter, the clerk shall notify, by regular mail, the members
of the commission of their election or appointment.
Sec. 5. A member of the judicial nominating commission may
serve until the member's successor is appointed or elected. An
attorney commissioner or a nonattorney commissioner is not
eligible for successive reelection or reappointment. However, an
attorney commissioner or a nonattorney commissioner who has
been appointed or elected to fill a vacancy on the commission for
less than one (1) year is eligible upon the expiration of that term,
if otherwise qualified, for a succeeding term.
Sec. 6. A member of the judicial nominating commission shall
serve without compensation for the member's services, except for
per diem and travel expenses and other necessary and reasonable
expenses.
awards achieved.
(2) Legal writings, including legislative draftings, legal briefs,
and contributions to legal journals and publications.
(3) Reputation in the practice of law, as evaluated by
attorneys and judges with whom the candidate has had
professional contact, and the type of legal practice, including
experience and reputation as a trial lawyer or trial judge.
(4) Physical condition, including general health, stamina,
vigor, and age.
(5) Financial interests, including any interest that might
conflict with the performance of judicial responsibilities.
(6) Activities in public service, including writings and
speeches concerning public affairs and contemporary
problems, and efforts and achievements in improving the
administration of justice.
(7) Any other pertinent information that the commission feels
is important in selecting the most highly qualified individuals
for judicial office.
(b) The commission may not make an investigation to determine
these considerations until the individual states in writing that the
individual desires to hold a judicial office that has been or will be
created by a vacancy and that the individual consents to the public
disclosure of information under subsections (d) and (g).
(c) The commission shall inquire into the personal and legal
backgrounds of each candidate by investigations made independent
from the statements on an application of the candidate or in an
interview with the candidate. In completing these investigations,
the commission may use information or assistance provided by:
(1) a law enforcement agency;
(2) any organization of lawyers, judges, or individual
practitioners; or
(3) any other person or association.
(d) The commission shall publicly disclose the names of all
candidates who have filed for judicial appointment after the
commission has received the consent required by subsection (b) but
before the commission has begun to evaluate any of the candidates.
If the commission's screening of the candidates for judicial
appointment occurs in an executive session conducted under
IC 5-14-1.5-6.1(b)(10), the screening may not reduce the number
of candidates for further consideration to fewer than ten (10)
individuals unless there are fewer than ten (10) individuals from
which to choose before the screening. When the commission's
screening has reduced the number of candidates for further
consideration to not less than ten (10) or it has less than ten (10)
eligible candidates otherwise from which to choose, the commission
shall:
(1) publicly disclose the names of the individuals and their
applications before taking any further action; and
(2) give notice of any further action in the same manner that
notice is given under IC 5-14-1.5.
(e) Information described in subsection (d)(1) is identifying
information for the purposes of IC 5-14-1.5-6.1(b)(10).
(f) The commission shall submit with the list of three (3)
nominees to the governor its written evaluation of each nominee,
based on the considerations set forth in subsection (a). The list of
names submitted to the governor and the written evaluation of
each nominee shall be publicly disclosed by the commission.
(g) Notwithstanding IC 5-14-3-4, all public records (as defined
in IC 5-14-3-2) of the judicial nominating commission are subject
to IC 5-14-3-3, including records described in IC 5-14-3-4(b)(12).
However, the following records are excepted from public
inspection and copying at the discretion of the judicial nominating
commission:
(1) Personnel files of commission employees and files of
applicants for employment with the commission to the extent
permitted under IC 5-14-3-4(b)(8).
(2) Records specifically prepared for discussion or developed
during discussion in an executive session under
IC 5-14-1.5-6.1, unless the records are prepared for use in the
consideration of a candidate for judicial appointment.
(3) Investigatory records prepared for the commission under
subsection (c) until:
(A) the records are filed or introduced into evidence in
connection with the consideration of a candidate;
(B) the records are publicly discussed by the commission
in connection with the consideration of a candidate;
(C) a candidate elects to have the records released by the
commission; or
(D) the commission elects to release the records that the
commission considers appropriate in response to publicly
disseminated statements relating to the activities or actions
of the commission;
whichever occurs first.
(4) Applications of candidates for judicial appointment who
are not among the applicants eligible for further
consideration following the commission's screening under
subsection (d).
(5) The work product of an attorney (as defined in
IC 5-14-3-2) representing the commission.
(h) When an event described by subsection (g)(3) occurs, the
investigatory record becomes available for public inspection and
copying under IC 5-14-3-3.
(i) As used in this subsection, "attributable communication"
refers to a communication containing the sender's name, address,
and telephone number. The commission shall provide a copy of all
attributable communications concerning a candidate for judicial
appointment to each member of the commission. An attributable
communication becomes available for public inspection and
copying under IC 5-14-3-3 after a copy is provided to each member
of the commission. The commission may not consider a
communication other than an attributable communication in
evaluating a candidate for judicial appointment.
(j) The commission shall release the investigatory records
prepared for the commission under subsection (c) to the candidate
for judicial appointment described by the records.
Sec. 3. If a nominee dies or requests in writing that the
nominee's name be withdrawn, the commission shall nominate
another person to replace the nominee from the list of nominees
previously provided. Whenever two (2) or more vacancies exist, the
commission shall nominate three (3) different persons for each
vacancy and submit a list of the persons nominated to the
governor.
Sec. 4. (a) If the governor fails to make an appointment not later
than sixty (60) days after the date the names of the nominees are
submitted to the governor, the chief justice shall make the
appointment from the nominees.
(b) A change in a list submitted to the governor under section 3
of this chapter requires a resubmission of the altered list to the
governor, and the sixty (60) day period in which the governor must
make the appointment begins on the date of resubmission.
Sec. 5. An individual appointed to the supreme court, the court
of appeals, or the tax court by the governor shall commence the
duties of the individual's office immediately upon the effective date
of the appointment. An appointment to a judicial office does not
take effect until a vacancy for the office exists.
Sec. 6. (a) The judicial nominating commission shall meet as
necessary to discharge the commission's responsibilities under the
Constitution of the State of Indiana and the state laws. Meetings of
the commission shall be called by the chairman, or if the chairman
fails to call a meeting when a meeting is necessary, upon the call of
any four (4) members of the commission. When a meeting is called,
the chairman shall give each member of the commission at least
five (5) days written notice by mail of the time and place of the
meeting unless the commission at its previous meeting designated
the time and place of the next meeting.
(b) Meetings of the commission must be held at a place in
Indiana, as arranged by the chairman of the commission.
(c) The commission shall act only at a meeting and may act only
on the concurrence of a majority of the members attending a
meeting. The commission may not vote to reduce the number of
candidates for further consideration or to submit or not submit the
list of nominees under subsection (e) during an executive session.
Four (4) members constitute a quorum.
(d) The commission may adopt reasonable and proper rules for
the conduct of its proceedings and the discharge of its duties. The
rules must comply with this chapter and include procedures by
which eligible candidates for a vacancy in the supreme court or
court of appeals may submit their names to the commission. The
rules are public records, and the meetings of the commission at
which the rules are considered for initial adoption or amendment
must be publicly announced and open to the public.
(e) Notwithstanding IC 5-14-1.5-2, the commission is a public
agency for the purposes of IC 5-14-1.5. The commission may meet
in executive session under IC 5-14-1.5-6.1 for the consideration of
a candidate for judicial appointment if:
(1) notice of the executive session is given in the manner
prescribed by IC 5-14-1.5-5;
(2) all interviews of candidates are conducted at meetings
open to the public; and
(3) copies of all attributable communications (as defined in
section 2(i) of this chapter) concerning the candidates have
been provided to all commission members and made available
for public inspection and copying.
Chapter 4. Appointment of Senior Judges
Sec. 1. A person who desires to serve as a senior judge under
IC 33-23-3 may apply to the judicial nominating commission for
certification to the supreme court as a senior judge.
Sec. 2. The judicial nominating commission shall certify to the
supreme court a person desiring to serve as a senior judge if the
person meets requirements for service as a senior judge set by the
supreme court under IC 33-24-3-7.
Sec. 3. (a) Except as provided in subsection (b), a person may
not be certified under this section if:
(1) the person:
(A) has not served as a judge or justice; or
(B) is still serving as a judge or justice;
of a court of record in Indiana;
(2) the person is not available for the minimum period of
commitment for service as a senior judge specified by the
supreme court under IC 33-24-3-7; or
(3) the combination of:
(A) the compensation for senior judges set under
IC 33-23-3-5; and
(B) any retirement benefits that the person is receiving or
is entitled to receive;
exceeds the minimum compensation to which judges of the
circuit court are entitled under IC 33-38-5.
(b) A person who elects to forgo retirement benefits during the
period of commitment as a senior judge may be certified as a
senior judge under section 2 of this chapter upon verification by
the judicial nominating commission of the availability to the person
of the election.
SECTION 7. IC 33-28 IS ADDED TO THE INDIANA CODE AS
A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2004]:
ARTICLE 28. CIRCUIT COURTS
Chapter 1. Jurisdiction, Duties, and Powers
Sec. 1. The circuit court shall be held in the respective counties
at times as may be fixed by law. The court shall be styled
"____________ Circuit Court", according to the name of the
county in which it may be held.
Sec. 2. (a) The circuit court has original jurisdiction in all civil
cases and in all criminal cases, except where exclusive jurisdiction
is conferred by law upon other courts of the same territorial
jurisdiction.
(b) The circuit court also has the appellate jurisdiction that may
be conferred by law upon it.
Sec. 3. The judge of a circuit court, within the judge's district,
shall take all necessary recognizances to keep the peace, or to
answer any criminal charge, or offense, in the court having
jurisdiction.
Sec. 4. If there is a process for which a form is not prescribed by
law, a circuit court shall frame a new writ in conformity with the
principles of the process.
Sec. 5. A circuit court may do the following:
(1) Issue and direct all processes necessary to the regular
execution of the law to the following:
(A) A court of inferior jurisdiction.
(B) A corporation.
(C) An individual.
(2) Make all proper judgments, sentences, decrees, orders,
and injunctions, issue all processes, and do other acts as may
be proper to carry into effect the same, in conformity with
Indiana laws and Constitution of the State of Indiana.
(3) Administer all necessary oaths.
(4) Punish, by fine or imprisonment, or both, all contempts of
the court's authority.
(5) Proceed in any matter before the court, or in any matter
in which the proceedings of the court, or the due course of
justice, is interrupted.
(6) Grant commissions for the examination of witnesses
according to the regulations of law.
Sec. 6. When the subject matter of a circuit court is situated in
two (2) or more counties, the court that takes cognizance of the
matter first shall retain the matter.
Sec. 7. The circuit court of each county shall have a seal. A
description of the seal must be signed by the judge devising the
seal. The seal must be filed by the clerk and recorded.
Sec. 8. (a) This section applies to a new county in which a seal
has not been devised for the county's circuit court.
(b) The clerk of a circuit court located in a county subject to this
section may seal all papers required by law to be sealed with the
seal of the circuit court with the clerk's private seal. Papers sealed
with the clerk's seal under this section are considered to have been
sealed with a seal devised by the circuit court.
Sec. 9. A suit, process, matter, or proceeding returnable to or
pending in any circuit court may not be discontinued by reason of
a failure of the judge to attend on the first or any other day of the
term.
Sec. 10. If, at any time both the sheriff and the coroner are
unable to attend, or if the sheriff and coroner are both
incapacitated from serving, the board of county commissioners
may appoint an elisor to serve during the pendency of the matter
in which the sheriff and coroner are disabled from serving.
Sec. 11. An elisor appointed under section 10 of this chapter
shall take the same oath and give the same bond and surety that
are required of sheriffs. The elisor has the same authority to
perform all the duties of the sheriff that relate to the service for
which the elisor is specially appointed. The elisor is governed by
the same rules and subject to the same penalties and liabilities as
the sheriff.
Chapter 2. Election of Judges
Sec. 1. (a) A judge of the circuit court shall be elected under
IC 3-10-2-11 by the voters of each circuit.
Sec. 2. In any circuit for which IC 33-33 provides more than one
(1) judge of the circuit court, the county election board shall assign
a number to each seat on the court. After that, any candidate for
judge of the circuit court must file a declaration of candidacy
under IC 3-8-2 or petition of nomination under IC 3-8-6 for one (1)
specified seat of the court. Each seat on the court shall be listed
separately on the election ballot in the form prescribed by
IC 3-10-1-19 and IC 3-11-2.
Chapter 3. Small Claims and Misdemeanors Division
Sec. 1. This chapter applies to each circuit court for which this
title provides a standard small claims and misdemeanor division.
Sec. 2. The small claims and misdemeanor division of the court
has the following dockets:
(1) A small claims docket.
(2) A minor offenses and violations docket.
Sec. 3. (a) The small claims docket has jurisdiction over the
following:
(1) Civil actions in which the amount sought or value of the
property sought to be recovered is not more than three
thousand dollars ($3,000). The plaintiff in a statement of claim
or the defendant in a counterclaim may waive the excess of
any claim that exceeds three thousand dollars ($3,000) in
order to bring it within the jurisdiction of the small claims
docket.
(2) Possessory actions between landlord and tenant in which
the rent due at the time the action is filed does not exceed
three thousand dollars ($3,000).
(3) Emergency possessory actions between a landlord and
tenant under IC 32-31-6.
(b) This section expires July 1, 2005.
service of the complaint in a small claims case, demand a trial by
jury by filing an affidavit that:
(1) states that there are questions of fact requiring a trial by
jury;
(2) specifies those questions of fact; and
(3) states that the demand is in good faith.
(c) Notice of the defendant's right to a jury trial, and the ten (10)
day period in which to file for a jury trial, must be clearly stated on
the notice of claim or on an additional sheet to be served with the
notice of claim on the defendant.
(d) Upon the deposit of seventy dollars ($70) in the small claims
docket by the defendant, the court shall transfer the claim to the
plenary docket. Upon transfer, the claim then loses its status as a
small claim.
Sec. 8. (a) The minor offenses and violations docket has
jurisdiction over the following:
(1) All Class D felony cases.
(2) All misdemeanor cases.
(3) All infraction cases.
(4) All ordinance violation cases.
(b) The court shall establish a traffic violations bureau in the
manner prescribed by IC 34-28-5-7 through IC 34-28-5-10.
Sec. 9. (a) The court shall provide by rule for an evening session
to be held once each week.
(b) The court shall hold additional sessions in the evening and
on holidays as necessary to ensure the just, speedy, and inexpensive
determination of every action.
Sec. 10. The court shall comply with all requests made under
IC 33-24-6-3 by the executive director of the division of state court
administration concerning the small claims and misdemeanor
division.
Chapter 4. Jury Commissioners and Jury Service
Sec. 1. (a) This chapter does not apply to a county that chooses
under subsection (b) to follow the procedure for jury selection and
service set out in IC 33-28-5.
(b) The court administrator or the clerk of the circuit and
superior courts of a county may choose to follow the procedure for
jury selection and service set out in IC 33-28-5 instead of the
procedure set out in this chapter. The court administrator shall
serve as the jury commissioner under IC 33-28-5. If the decision to
follow IC 33-28-5 is made, all the provisions of IC 33-28-5 must be
followed.
the same political party as the clerk.
(d) In a county containing a consolidated city, the jury
commissioners may, upon an order made by the judge of the circuit
court and entered in the records of the circuit court of the county,
make the selections and deposits required under this section
monthly instead of annually. The jury commissioners may omit the
personal examination of prospective jurors, the examination of
voters lists, and make selection without reference to county
commissioners' districts. The judge of the circuit court in a county
containing a consolidated city may do the following:
(1) Appoint a secretary for the jury commissioners, and
sufficient stenographic aid and clerical help to properly
perform the duties of the jury commissioners.
(2) Fix the salaries of the commissioners, the secretary, and
stenographic and clerical employees.
(3) Provide office quarters and necessary supplies for the jury
commissioners and their employees.
The expenses incurred under this subsection shall be paid for from
the treasury of the county upon the order of the court.
(e) Subject to appropriations made by the county fiscal body,
the jury commissioners may use a computerized jury selection
system. However, the system used for the selection system must be
fair and may not violate the rights of persons with respect to the
impartial and random selection of prospective jurors. The jurors
selected under the computerized jury selection system must be
eligible for selection under this chapter. The commissioners shall
deliver the names of the individuals selected to the clerk of the
circuit court. The commissioners shall observe their oath in all
activities taken under this subsection.
(f) The jury commissioners may supplement voter registration
lists and tax schedules under subsection (a) with names from lists
of persons residing in the county that the jury commissioners may
designate as necessary to obtain a cross-section of the population
of each county commissioner's district. The lists designated by the
jury commissioners under this subsection must be used for the
selection of jurors throughout the entire county.
(g) The supplemental sources designated under subsection (f)
may consist of such lists as those of utility customers, persons filing
income tax returns, motor vehicle registrations, city directories,
telephone directories, and driver's licenses. These supplemental
lists may not be substituted for the voter registration list. The jury
commissioners may not draw more names from supplemental
sources than are drawn from the voter registration lists and tax
schedules.
Sec. 4. When a court believes that by reason of numerous
challenges in any cause, a special venire should issue for jurors, the
court shall direct the clerk to draw from the box described in
section 3 of this chapter the number of names considered proper.
The persons drawn under this section shall be summoned by virtue
of the special venire. If:
(1) the names in the box are exhausted for any reason; and
(2) a court of the county cannot be furnished with juries at
any term during the calendar year;
the circuit court, or judge of the circuit court in vacation, shall by
order require the jury commissioners at a time to be fixed, to
deposit in the box the additional number of names as the court or
judge shall name in the order. Additional jurors shall be selected
under the rules and regulations prescribed in section 3 of this
chapter. The box shall then be delivered to the clerk, as provided
under section 3 of this chapter, to be drawn by the clerk as may be
necessary under section 9 of this chapter.
Sec. 5. The box described in section 3 of this chapter shall
remain in possession of the clerk, securely locked. The only key to
the box must remain in the possession of the jury commissioner, of
opposite politics from the clerk. The clerk shall be present each
time the box is opened, for any purpose under this chapter.
Sec. 6. (a) A person may not be appointed a jury commissioner
if, at the time of the appointment, the person is:
(1) a party to; or
(2) interested in;
a case pending in the county that may be tried by a jury to be
drawn during the calendar year following the year of the
appointment.
(b) A person appointed a jury commissioner, who fails to take
the office, or having accepted the office, fails without good cause,
to discharge any of the duties of the office, is guilty of contempt of
the court. A person guilty of contempt under this section shall be
summarily punished by fine of at least five dollars ($5) and not
more than one hundred dollars ($100).
Sec. 7. (a) The circuit court shall appoint a person to fill a
vacancy, or to act for a jury commissioner, as the case may
require, if:
(1) a vacancy occurs in the office of jury commissioner;
(2) a jury commissioner fails to act when required; or
the circuit court to draw grand jurors or petit jurors from the
names selected by the jury commissioners. The names shall be
drawn by the clerk in the presence of the jury commissioners, in a
number equal to the number of jurors to be summoned according
to the judge's orders. The names of jurors for each court having
criminal jurisdiction shall be drawn first.
(b) At the time of the drawing, the clerk shall enter in the order
book of the court a list of the names drawn, in the order in which
they were drawn. The clerk shall attach the clerk's certificate to
attest to the accuracy of the list. The clerk shall issue venires for
the jurors as the courts direct. However, the jurors called to
service shall be identified long enough before the trial or grand
jury session to permit counsel to study their backgrounds.
(c) Notice to or summons of persons for jury duty shall be
served by the clerk of the circuit court upon order of the court.
(d) The sheriff or bailiff shall call the jurors to the jury box in
the same order in which their names were drawn. Jurors shall
serve for three (3) months, or for a shorter period if a shorter
period is specified in the judge's written order.
(e) This section shall be construed to supplement IC 34-36-2,
and IC 34-36-3-5 through IC 34-36-3-7, and other statutory
provisions for special juries, for juries by agreement, for juries
from other counties, for struck juries, and for special venires. This
section shall be construed liberally, to the effect that no indictment
shall be quashed, and no trial, judgment, order, or proceeding shall
be reversed or held invalid on the ground that the terms of this
section have not been followed, unless it appears that the
noncompliance was either in bad faith or was objected to promptly
upon discovery and was probably harmful to the substantial rights
of the objecting party.
Chapter 5. Circuit and Superior Court Jury Selection and
Service
Sec. 1. As used in this chapter, "courts" means the circuit and
superior courts of a county that choose to follow the procedure for
jury selection and service set out in this chapter.
Sec. 2. As used in this chapter, "juror qualification form" means
the form prescribed for use by the courts and mailed to each
prospective juror, or an electronic data processing facsimile of the
form that may be created on magnetic tape, punched cards, or
computer discs.
Sec. 3. As used in this chapter, "jury commissioner" means the
court administrator or the clerk of the court and includes a deputy
court administrator designated by the jury commissioner
periodically to act in the jury commissioner's place.
Sec. 4. As used in this chapter, "jury wheel" means any list,
physical device, or electronic system for the storage of the names
or identifying numbers of prospective jurors.
Sec. 5. As used in this chapter, "master list" means:
(1) a serially printed list;
(2) a magnetic tape;
(3) an addressograph file;
(4) a punched card file;
(5) a computer record; or
(6) another form of record determined by the supervising
judge to be consistent with this chapter;
that fosters the policy and protects the rights secured by this
chapter, contains all current, up-to-date voter registration lists for
each precinct in the county, and is supplemented by names derived
from other sources identified under this chapter.
Sec. 6. As used in this chapter, "qualified jury wheel" means the
jury wheel in which there are placed the names or identifying
numbers of prospective jurors drawn at random from the master
list and who are not disqualified.
Sec. 7. As used in this chapter, "supervising judge" means a
judge of the courts who is designated by the judges of the courts to
supervise the jury selection process.
Sec. 8. As used in this chapter, "voter registration lists" means
the official records of persons registered to vote.
Sec. 9. The jury commissioner and supervising judge under the
plan required by section 13 of this chapter shall provide a uniform
system of jury selection for the courts ensuring that:
(1) persons selected for jury service are selected at random
from a fair cross-section of the population of the area served
by the courts; and
(2) qualified citizens have the opportunity under this chapter
to:
(A) be considered for jury service in the county; and
(B) fulfill their obligation to serve as jurors when
summoned for that purpose.
Sec. 10. (a) The supervising judge is responsible for the selection
of jurors as prescribed by this section.
(b) The supervising judge may authorize use of a computerized
jury selection system under this chapter.
(c) A system authorized under subsection (b) must be fair and
may not violate the rights of persons with respect to impartial and
random selection of prospective jurors. Jurors selected under a
computerized selection system must be eligible for selection under
this chapter.
Sec. 11. (a) The court administrator shall serve as the jury
commissioner for the county and has the powers and shall perform
the duties prescribed in this chapter for the jury commissioner
under the direction of the supervising judge.
(b) When acting as jury commissioner, the court administrator
may not receive any compensation in addition to the court
administrator's regular salary.
(c) The court administrator may delegate certain duties of the
jury commissioner to a deputy court administrator with the
approval of the supervising judge.
Sec. 12. (a) Under the supervision of the supervising judge, the
jury commissioner shall prepare a written plan for the selection of
grand and petit jurors in the county. The plan must be designed to
achieve the objectives of, and otherwise comply with, this chapter.
The plan must specify the following:
(1) Source of names for the master list.
(2) Form of the master list.
(3) Method of selecting names from the master list.
(4) Forms of and method for maintaining records of names
drawn, jurors qualified, and juror's excuses and reasons to be
excused.
(5) Method of drawing names of qualified jurors for
prospective service.
(6) Procedures to be followed by prospective jurors in
requesting to be excused from jury service.
(7) Number of petit jurors that constitutes a panel for civil
and criminal cases or a description of the uniform manner in
which this determination is made.
(b) The plan must be placed into operation after approval by the
judges of the courts. The judges of the courts shall examine the
plan to determine whether it complies with this chapter. If the plan
is found not to comply, the court shall order the jury commissioner
to make the necessary changes to bring the plan into compliance.
(c) The plan may be modified at any time according to the
procedure specified under this chapter.
(d) The plan must be submitted by the jury commissioner to the
judges of the courts. The judges of the courts shall approve or
direct modification of the plan not later than sixty (60) days after
its receipt. The approved plan must go into effect not later than
sixty (60) days after approval by the judges of the courts.
(e) The plan is a public document on file in the office of the jury
commissioner and must be available for inspection at all
reasonable times.
Sec. 13. (a) The jury commissioner shall compile and maintain
a master list consisting of all the voter registration lists for the
county, supplemented with names from other lists of persons
resident in the county that the supreme court shall periodically
designate as necessary to obtain the broadest cross-section of the
county, having determined that use of supplemental lists is feasible.
The supreme court may designate supplemental lists for use by the
courts periodically in a manner that fosters the policy and protects
the rights secured by this chapter. Supplemental sources may
consist of lists of:
(1) utility customers;
(2) property taxpayers; and
(3) persons filing income tax returns, motor vehicle
registrations, city directories, telephone directories, and
driver's licenses.
Supplemental lists may not be substituted for the voter registration
list. In drawing names from supplemental lists, the jury
commissioner shall avoid duplication of names.
(b) A person who has custody, possession, or control of any of
the lists making up or used in compiling the master list, including
those designated under subsection (a) by the supreme court as
supplementary sources of names, shall furnish the master list to the
jury commissioner for inspection, reproduction, and copying at all
reasonable times.
(c) When a copy of a list maintained by a public official is
furnished, only the actual cost of the copy may be charged to the
courts.
(d) The master list of names is open to the public for
examination as a public record. However, the source of names and
any information other than the names contained in the source is
confidential.
Sec. 14. (a) Names must be drawn for juror service quarterly,
based on a calendar year commencing in January. A public
drawing of names for the next quarter must be held during the first
week of the second month of the quarter next preceding that for
which names are being drawn, at a time and place prescribed by
the jury commissioner.
the master list, names previously selected in the process
described in subdivision (3) must be disregarded in selecting
the additional names.
(5) An electronic or a mechanical system may be used to draw
names from the master list.
Sec. 16. (a) Not later than seven (7) days after the date of the
drawing of names from the master list, the jury commissioner shall
mail to each person whose name is drawn a juror qualification
form. The form must be accompanied by instructions to fill out and
return the form by mail to the jury commissioner not later than ten
(10) days after its receipt. The instructions must state that requests
for excuse from jury service during the next jury term should
accompany the return of the qualification form.
(b) The juror qualification form must be designed by the jury
commissioner and subject to approval by the judges of the courts
as to matters of content and must elicit:
(1) the prospective juror's name, address, and age; and
(2) whether the prospective juror:
(A) is a citizen of the United States and a resident of the
county;
(B) is able to read, speak, and understand English;
(C) has any physical or mental disability impairing the
person's capacity to render satisfactory jury service; or
(D) has had rights revoked by reason of a felony conviction
and not restored.
The juror qualification form must contain the prospective juror's
declaration that the responses are true to the best of the
prospective juror's knowledge. Notarization of the juror
qualification form is not required.
(c) If a prospective juror is unable to fill out the form, another
person may fill out the form for the prospective juror. If the form
is completed by a person other than a prospective juror, the form
must indicate that another person has done so and the reason for
doing so.
(d) If it appears there is an omission, ambiguity, or error in a
returned form, the jury commissioner shall resend the form,
instructing the prospective juror to make the necessary addition,
clarification, or correction and to return the form to the jury
commissioner not later than ten (10) days after its second receipt.
(e) A prospective juror who fails to return a completed juror
qualification form as instructed must be directed by the jury
commissioner to immediately appear before the jury commissioner
to fill out a juror qualification form.
(f) When a prospective juror appears for jury service, or when
there is an official conversation with the supervising judge or jury
commissioner, a prospective juror may be required to fill out
another juror qualification form in the presence of the supervising
judge or jury commissioner. At this time, the prospective juror
may be questioned, but only with regard to responses to questions
contained on the form and grounds for the prospective juror's
excuse or disqualification. Information acquired under this
subsection by the supervising judge or jury commissioner must be
noted on the juror qualification form.
Sec. 17. (a) A prospective juror who fails to appear as directed
by the jury commissioner under section 16 of this chapter must be
ordered by the supervising judge to appear and show cause for the
failure to appear as directed. If the prospective juror fails to
appear under the supervising judge's order or fails to show good
cause for the failure to appear as directed by the jury
commissioner, the prospective juror is guilty of criminal contempt.
(b) A person who knowingly misrepresents a material fact on a
juror qualification form for the purpose of avoiding or securing
service as a juror commits a Class C misdemeanor.
Sec. 18. (a) The supervising judge or the jury commissioner
shall determine solely on the basis of information provided on a
juror qualification form or interview with a prospective juror
whether the prospective juror is disqualified for jury service. The
jury commissioner shall enter this determination in the space
provided on the juror qualification form or electronic data
processing facsimile and on the alphabetical list of names drawn
from the master list.
(b) A person may not be automatically excused under this
chapter. Upon request of a prospective juror, the supervising judge
or jury commissioner shall determine on the basis of information
provided on:
(1) the juror qualification form;
(2) correspondence from the prospective juror; or
(3) an interview with the prospective juror;
whether the prospective juror may be excused from jury service.
The jury commissioner shall enter this determination in the space
provided on the juror qualification form.
(c) A person who is not disqualified for jury service may be
excused from jury service only upon a showing of:
(1) undue hardship;
for drawing names from the master list must be followed for
drawing names from the qualified jury wheel unless the names in
the qualified jury wheel are not in some sequential order as
described in section 15 of this chapter. The key number system is
not necessary if the names are in the form of ballots or in some
other form requiring them to be blindly drawn from a container by
hand.
Sec. 21. (a) Not later than seven (7) days after a moving party
discovers or by the exercise of diligence could have discovered
grounds, but before a petit jury is sworn to try a case, a party may:
(1) in a civil case move to stay the proceedings; and
(2) in a criminal case move:
(A) to dismiss the indictment (if the case has been brought
by indictment);
(B) to stay the proceedings; or
(C) for other appropriate relief;
on the ground of substantial failure to comply with this chapter in
selecting the prospective grand or petit jurors.
(b) Upon a motion filed under subsection (a) containing a sworn
statement of facts that, if true, would constitute a substantial
failure to comply with this chapter, the moving party may present
in support of the motion:
(1) the testimony of the jury commissioner;
(2) relevant records and papers not public or otherwise
available used by the jury commissioner; and
(3) other relevant evidence.
(c) If the court determines that in selecting either a grand jury
or a petit jury there has been a substantial failure to comply with
this chapter, the court:
(1) shall stay the proceedings pending the selection of the jury
in conformity with this chapter; and
(2) may dismiss an indictment (if the case was brought by
indictment) or grant other appropriate relief.
(d) The procedures required by this section are the exclusive
means by which the state, a person accused of an offense, or a
party in a civil case may challenge a jury on the ground that the
jury was not selected in conformity with this chapter.
(e) The parties to the case may inspect, reproduce, and copy the
records or papers of the jury commissioner at all reasonable times
during the preparation and pendency of a motion under subsection
(a).
Sec. 22. After the period of service for which names were drawn
from the master jury list has expired, and all persons selected to
serve as jurors have been discharged, all records and papers
compiled and maintained by the jury commissioner or the clerk
must be preserved by the clerk of the courts for the period
prescribed by rule of the supreme court. The records and papers
must be available for public inspection at all reasonable times.
Sec. 23. (a) A person who appears for service as a petit or grand
juror serves until the conclusion of the first trial in which the juror
is sworn, regardless of the length of the trial or the manner in
which the trial is disposed. A person who appears for service but
is not selected and sworn as a juror completes the person's service
at the end of one (1) day.
(b) A person who:
(1) serves as a juror under this chapter; or
(2) completes one (1) day of jury selection but is not chosen to
serve as a juror;
may not be selected for another jury panel until all nonexempt
persons on the master list have been called for jury duty.
Sec. 24. A person summoned for jury service who fails to appear
or complete jury service as directed must be ordered by the court
to immediately appear and show cause for the person's failure to
comply with the summons. If the person fails to show good cause
for noncompliance with the summons, the person is guilty of
criminal contempt and upon conviction may be fined not more
than one hundred dollars ($100) or imprisoned in the county jail
for not more than three (3) days, or both.
Sec. 25. The supreme court may adopt rules, not inconsistent
with this chapter, regulating the selection and service of jurors.
Chapter 6. Lake County Jury Selection and Service Provisions
Sec. 1. The policy of this chapter is to provide a uniform system
of jury selection for all courts so that:
(1) all persons selected for jury service shall be selected at
random from a fair cross-section of the population of the area
served by the court; and
(2) all qualified citizens have the opportunity in accordance
with this chapter to be considered for jury service in this
county and an obligation to serve as jurors when summoned
for that purpose.
Sec. 2. (a) As used in this chapter, "court" means the superior
court of a county having a population of more than four hundred
thousand (400,000) but less than seven hundred thousand
(700,000).
as the jury commissioner for the county, and has the powers and
shall perform the duties prescribed in this chapter for jury
commissioners, under the direction of the chief judge.
(b) The court administrator in the court administrator's role as
jury commissioner shall not receive any compensation in addition
to the court administrator's regular salary.
(c) Performance of certain duties of the jury commissioner may
be delegated to a deputy court administrator with the express
approval of the chief judge.
(d) The jury commissioner may choose to follow the procedure
for jury selection and service set out in IC 33-28-5 instead of the
procedure set out in this chapter. If the decision to follow
IC 33-28-5 is made, all the provisions of IC 33-28-5 must be
followed.
Sec. 12. (a) The jury commissioner, under the supervision of the
chief judge, shall prepare a written plan for the selection of grand
and petit jurors in this county designed to achieve the objectives of,
and otherwise comply with the provisions of, this chapter. This
plan must specify the following:
(1) The source of names for the master list.
(2) The form of the list.
(3) The method of selecting names from the list.
(4) The forms of, and method for, maintaining records of
names drawn, jurors qualified, and juror's excuses and
reasons therefore.
(5) The method of drawing names of qualified jurors for
prospective service.
(6) The procedures to be followed by prospective jurors in
requesting excuse from jury service.
The plan must either specify the number of petit jurors that
constitute a panel for civil and criminal cases or describe the
uniform manner in which this determination shall be made.
(b) The plan shall be placed into operation after approval by the
court. The judges of the court shall examine the plan to ascertain
that it complies with the intent and provisions of this chapter. If the
plan is found not to comply, the court shall order the jury
commissioner to make the necessary changes.
(c) The plan may be modified at any time under the procedure
specified under this chapter.
(d) The plan shall be submitted by the jury commissioner to the
court. The court shall approve or direct modification of the plan
within sixty (60) days after its receipt. The approved plan shall go
into effect not more than sixty (60) days after approval by the
court.
(e) The plan is a public document on file in the office of the jury
commissioner and available for inspection at all reasonable times.
Sec. 13. (a) The jury commissioner shall compile and maintain
a master list consisting of all the voter registration lists for the
county, supplemented with names from other lists of persons
resident in the county that the supreme court shall periodically
designate as necessary to obtain the broadest cross-section of the
county, having determined that use of the supplemental lists is
feasible. The supreme court shall exercise the authority to
designate supplemental lists periodically in order to foster the
policy and protect the rights secured by this article. The
supplemental sources may include lists of utility customers,
property taxpayers, and persons filing income tax returns, motor
vehicle registrations, city directories, telephone directories, and
driver's licenses. Supplemental lists may not be substituted for the
voter registration list. In drawing names from supplemental lists,
the jury commissioner shall avoid duplication of names.
(b) Whoever has custody, possession, or control of any of the
lists making up or used in compiling the master list, including those
designated under subsection (a) by the supreme court as
supplementary sources of names, shall furnish the list to the jury
commissioner for inspection, reproduction, and copying at all
reasonable times.
(c) When a copy of a list maintained by a public official is
furnished, only the actual cost of the copy may be charged to the
court.
(d) The master list of names shall be open to the public for
examination as a public record, except that the source of names
and any information other than the names contained in that source
may not be public information.
Sec. 14. (a) Names shall be drawn for juror service quarterly,
based on a calendar year commencing in January. A public
drawing shall be held of names for the next quarter during the first
week of the second month of the quarter next preceding that for
which names are being drawn, at a time and place prescribed by
the jury commissioner.
(b) An alphabetic list of names so drawn shall be created and
filed in the office of the jury commissioner. The list may be in the
form of a serial listing or discreet records (such as punched cards
or addressograph plates) filed together to constitute the list. Names
may not be added to this list, except by order of the court. The
names drawn or any list compiled from the names drawn may not
be disclosed to any person other than under this chapter or specific
order of the chief judge.
(c) The number of names required to be drawn each quarter
shall be determined by the jury commissioner after consultation
with all judges who may conduct jury trials during the quarter,
taking into consideration the number of jurors required for the
grand jury.
(d) The frequency of drawing of names may be increased by the
jury commissioner without amendment to this chapter when the
jury commissioner considers it necessary for purposes of fairness
or efficiency or to ensure compliance with this chapter.
(e) Names shall be drawn randomly in the manner prescribed
in section 15 of this chapter.
(f) Names drawn from the master list may not be returned to the
list until one (1) year after the date of the drawing of the name.
Sec. 15. (a) If the master list contains names in some sequential
order, such as alphabetic or numeric sequence, the drawing of
names from the master list shall be performed in the following
manner:
STEP ONE: The total number of names on the master list
shall be divided by the number of names desired to be drawn.
The whole number next greater than the resulting quotient
shall be the "key number" except that the key number may
not be less than two (2).
STEP TWO: A "starting name" for making the selection shall
then be determined by randomly choosing a number between
one (1) and the "key number", inclusive.
STEP THREE: The required number of names shall then be
selected beginning with the "starting name" selected under
STEP TWO and proceeding to successive names appearing in
the master list at intervals equal to the "key number",
recommencing at the beginning of the list until the required
number of names has been selected.
(b) Upon recommencing at the beginning of the list, or if
additional names are subsequently ordered to be drawn from the
master list, names previously selected in the process described in
subsection (a) STEP THREE shall be disregarded in selecting the
additional name.
(c) An electronic or a mechanical system may be used to draw
names from the master list.
juror qualification form.
(f) At the time of a prospective juror's appearance for jury
service, or at the time of any official conversation with the court or
jury commissioner, any prospective juror may be required to fill
out another juror qualification form in the presence of the court or
jury commissioner. At this time the prospective juror may be
questioned, but only with regard to the prospective juror's
responses to questions contained on the form and grounds for the
prospective juror's excuse or disqualification. Any information
thus acquired by the court or clerk shall be noted on the juror
qualification form.
(g) A prospective juror who fails to appear as directed by the
jury commissioner under this section shall be ordered by the court
to appear and show cause for the prospective juror's failure to
appear as directed. If the prospective juror fails to appear under
the court's order or fails to show good cause for the prospective
juror's failure to appear as directed by the jury commissioner, the
prospective juror is guilty of criminal contempt.
(h) A person who knowingly misrepresents a material fact on a
juror qualification form for the purpose of avoiding or securing
service as a juror commits a Class C misdemeanor.
Sec. 17. (a) The court or the jury commissioner shall determine
solely on the basis of information provided on the juror
qualification form or interview with the prospective juror whether
or not the prospective juror is disqualified for jury service. The
jury commissioner shall enter this determination in the space
provided on the juror qualification form or electronic data
processing facsimile and on the alphabetical list of names drawn
from the master list.
(b) A prospective juror is disqualified to serve on a jury if the
prospective juror:
(1) is not a citizen of the United States, at least eighteen (18)
years of age, and a resident of the county;
(2) is unable to read, speak, and understand the English
language with a degree of proficiency sufficient to fill out
satisfactorily the juror qualification form;
(3) is incapable, by reasons of a physical or mental disability,
of rendering satisfactory jury service; or
(4) has had the prospective juror's rights revoked by reason
of a felony conviction and not restored.
(c) A person claiming a disqualification under subsection (b)(3)
may be required to submit a physician's or an authorized Christian
Science practitioner's certificate as to the disability. The court may
subject the certifying physician or practitioner to inquiry.
Sec. 18. (a) The jury commissioner shall maintain a qualified
jury wheel and shall place in the jury wheel the names or
identifying numbers of all prospective jurors drawn from the
master list who are not disqualified or excused.
(b) A judge of any court or any other state or county official
having the authority to conduct a trial or hearing with a jury
within the county by order may direct the jury commissioner to
draw and assign to that court or official the number of qualified
jurors necessary for one (1) or more petit jury panels. Upon receipt
of the order and in a manner prescribed in section 20 of this
chapter, the jury commissioner shall publicly draw at random
from the qualified jury wheel the number of qualified jurors
required by the order and assign the qualified jurors so drawn to
the court's jury panel.
(c) Upon receipt of an order for a grand jury, the jury
commissioner shall publicly and in a manner prescribed in section
20 of this chapter draw at random from the qualified jury wheel
twelve (12) qualified jurors who shall be directed to appear before
the chief judge. The chief judge shall randomly select six (6) jurors
and one (1) alternate juror after having explained to the twelve
(12) prospective jurors the duties and responsibilities of a grand
jury and having excused jurors as prescribed in section 21 of this
chapter.
(d) An alphabetical listing of grand and petit jurors assigned to
each court location shall be maintained by the jury commissioner
and a copy transmitted to the judge for whom the names have been
drawn.
(e) If a grand, petit, or other jury is ordered to be drawn, the
clerk shall cause each person drawn for jury service to be served
with a summons either personally or by registered or certified
mail, return receipt requested, addressed to the person at the
person's usual residence, business, or post office address. The
summons requires the person to report for jury service at a
specified time and place.
(f) If there is an unanticipated shortage of available petit jurors
drawn from a qualified jury wheel, the court may require the jury
commissioner to:
(1) draw additional jurors at random from the qualified jury
wheel; or
(2) send available jurors from another panel to the court
location requiring additional jurors.
Talesmen may not be solicited from among bystanders or from any
source except from among names drawn from the qualified jury
wheel.
(g) The names of qualified jurors drawn from the qualified jury
wheel and the contents of jury qualification forms completed by
those jurors may not be made available to the public until the
period of service of those jurors has expired, except that attorneys
in any cases in which these jurors may serve shall have access to
the information.
Sec. 19. A qualified prospective juror is not exempt from jury
service except for the following:
(1) Members in active service of the Armed Forces of the
United States who are actively engaged in the performance of
their official duties.
(2) Elected or appointed officials of the executive, legislative,
or judicial branches of government of the:
(A) United States;
(B) State of Indiana; or
(C) counties affected by this chapter;
who are actively engaged in the performance of their official
duties.
(3) A person who:
(A) would serve as a juror during a criminal trial; and
(B) is:
(i) an employee of the department of correction whose
duties require contact with inmates confined in a
department of correction facility; or
(ii) the spouse or child of a person described in item (i);
and desires to be excused for that reason.
Sec. 20. The same method described in section 15 of this chapter
for drawing names from the master list shall be followed for
drawing names from the qualified wheel unless the names in the
qualified wheel are not in some sequential order as described in
section 15 of this chapter. If the names are in the form of ballots or
in some other form in which they must be blindly drawn from a
container by hand, the key number system is not necessary.
Sec. 21. (a) Except as provided in section 19 of this chapter, a
person may not be automatically excused under this chapter. The
chief judge or jury commissioner, upon request of a prospective
juror, shall determine on the basis of information provided on the
juror qualification form, correspondence from the prospective
juror, or interview with the prospective juror whether the
prospective juror should be excused from jury service. The jury
commissioner shall enter this determination in the space provided
on the juror qualification form.
(b) A person who is not disqualified for jury service may be
excused from jury service only upon a showing of undue hardship,
extreme inconvenience, or public necessity, until the time of the
next drawing at which time the person will be resummoned.
Appropriate records shall be maintained by the jury commissioner
to facilitate a resummoning.
(c) Requests for excuse, other than those accompanying return
of the qualification form, shall be made by the prospective juror in
writing to the presiding judge not later than three (3) weeks before
the date upon which the prospective juror has been summoned to
appear.
Sec. 22. (a) Not more than seven (7) days after the moving party
discovered or by the exercise of diligence could have discovered the
grounds and before the petit jury is sworn to try the case, a party
may move to stay the proceedings, and in a criminal case, to
dismiss the indictment (if the case has been brought by indictment)
or stay the proceedings or for other appropriate relief, on the
ground of substantial failure to comply with this chapter in
selecting the prospective grand or petit jurors.
(b) Upon motion filed under subsection (a) containing a sworn
statement of facts which, if true, would constitute a substantial
failure to comply with this chapter, the moving party is entitled to
present in support of the motion the testimony of the jury
commissioner any relevant records and papers not public or
otherwise available used by the jury commissioner and any other
relevant evidence. If the court determines that in selecting either
a grand jury or a petit jury there has been a substantial failure to
comply with this chapter, the court shall stay the proceedings
pending the selection of the jury in conformity with this article,
and may dismiss an indictment (if the instant case was brought by
indictment) or grant other appropriate relief.
(c) The procedures prescribed by this section are the exclusive
means by which the state, a person accused of an offense, or a
party in a civil case may challenge a jury on the ground that the
jury was not selected in conformity with this chapter.
(d) The parties to the case may inspect, reproduce, and copy the
records or papers of the jury commissioner at all reasonable times
during the preparation and pendency of a motion under subsection
(a).
Sec. 23. After the period of service for which names were drawn
from the master jury list has expired, and all persons elected to
serve as jurors have been discharged, all records and papers
compiled and maintained by the jury commissioner or the clerk
shall be preserved by the clerk for a period as prescribed by rule
of the supreme court and must be available for public inspection at
all reasonable times.
Sec. 24. In any one (1) year period, a person may not be eligible
or required to be available for service as a petit or grand juror for
more than one (1) term of service, except when necessary to
complete service in a particular case. The term of service shall be
three (3) months unless a shorter jury term is ordered by the chief
judge due to a sustained increase in frequency or length of jury
trials that would result in a requirement for jurors to be present at
court more than ten (10) court days during the quarter, except as
necessary to complete service in a particular case.
Sec. 25. A person summoned for jury service who fails to appear
or to complete jury service as directed shall be ordered by the
court to appear and show cause for the person's failure to comply
with the summons. If the person fails to show good cause for
noncompliance with the summons, the person is guilty of criminal
contempt and upon conviction may be fined not more than one
hundred dollars ($100) or imprisoned in the county jail not more
than three (3) days, or both.
Sec. 26. The supreme court may make and amend rules, not
inconsistent with this chapter, regulating the selection and service
of jurors.
SECTION 8. IC 33-29 IS ADDED TO THE INDIANA CODE AS
A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2004]:
ARTICLE 29. SUPERIOR COURTS
Chapter 1. Provisions Concerning Standard Superior Courts
Sec. 1. Except as otherwise provided in IC 33-33, this chapter
applies to standard superior courts established in IC 33-33.
Sec. 2. A standard superior court may have a seal containing the
words "________ (insert name of county in which the court is
located) Superior Court ______ (insert court number for multiple
courts), _______ (insert name of county) County, Indiana".
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) admitted to practice law in Indiana.
Sec. 4. The judge of a standard superior court:
(1) has the same powers relating to the conduct of business of
the court as the judge of the circuit court of the county in
which the standard superior court is located; and
(2) may administer oaths, solemnize marriages, and take and
certify acknowledgments of deeds.
Sec. 5. (a) The judge of a standard superior court shall appoint
a bailiff and an official court reporter for the court.
(b) The salaries of the bailiff and the official court reporter shall
be:
(1) fixed in the same manner as the salaries of the bailiff and
the official court reporter for the circuit court of the county
in which the standard superior court is located; and
(2) paid monthly:
(A) out of the treasury of the county in which the standard
superior court is located; and
(B) as provided by law.
Sec. 6. The clerk of a standard superior court, under the
direction of the judge of the court, shall provide:
(1) order books and fee books;
(2) judgment dockets and execution dockets; and
(3) other books for the court;
that must be kept separately from the books and papers of other
courts.
Sec. 7. (a) The county executive for the county in which the
standard superior court is located shall provide and maintain:
(1) a suitable courtroom;
(2) furniture and equipment; and
(3) other rooms and facilities;
necessary for the operation of the court.
(b) The county fiscal body shall appropriate sufficient funds for
the provision and maintenance of the items described in
subdivisions (1) through (3).
Sec. 8. (a) The jury commissioners appointed by the judge of the
circuit court of the county in which the standard superior court is
located shall serve as the jury commissioners for the standard
superior court.
(b) A jury in the standard superior court shall be selected in the
same manner as a jury in the circuit court of the county in which
the standard superior court is located.
(c) A grand jury selected for the circuit court of the county in
which the standard superior court is located shall serve as the
grand jury for the standard superior court.
Sec. 9. (a) The judge of the circuit court of the county in which
the standard superior court is located may, with the consent of the
judge of the standard superior court, transfer any action or
proceeding from the circuit court to the standard superior court.
(b) The judge of a standard superior court may, with the
consent of the judge of the circuit court, transfer any action or
proceeding from the standard superior court to the circuit court of
the county in which the standard superior court is located.
Sec. 10. (a) The judge of the circuit court of the county in which
the standard superior court is located may, with the consent of the
judge of the standard superior court, sit as a judge of the standard
superior court in any matter as if the circuit court judge were an
elected judge of the standard superior court.
(b) The judge of a standard superior court may, with the
consent of the judge of the circuit court, sit as the judge of the
circuit court of the county in which the standard superior court is
located in any matter as if the judge of the standard superior court
were the elected judge of the circuit court.
Chapter 2. Provisions Governing Standard Small Claims and
Misdemeanor Division
Sec. 1. This chapter applies to each superior court for which
IC 33-33 provides a standard small claims and misdemeanor
division.
Sec. 2. The small claims and misdemeanor division of the court
has the following dockets:
(1) A small claims docket.
(2) A minor offenses and violations docket.
Sec. 3. (a) Except as provided in subsection (b), the small claims
docket has jurisdiction over the following:
(1) Civil actions in which the amount sought or value of the
property sought to be recovered is not more than three
thousand dollars ($3,000). The plaintiff in a statement of claim
or the defendant in a counterclaim may waive the excess of
any claim that exceeds three thousand dollars ($3,000) in
order to bring it within the jurisdiction of the small claims
docket.
(2) Possessory actions between landlord and tenant in which
the rent due at the time the action is filed does not exceed
three thousand dollars ($3,000).
(3) Emergency possessory actions between a landlord and
tenant under IC 32-31-6.
(b) This subsection applies to a county having a population of
more than three hundred thousand (300,000) but less than four
hundred thousand (400,000). The small claims docket has
jurisdiction over the following:
(1) Civil actions in which the amount sought or value of the
property sought to be recovered is not more than six thousand
dollars ($6,000). The plaintiff in a statement of claim or the
defendant in a counterclaim may waive the excess of any
claim that exceeds six thousand dollars ($6,000) in order to
bring it within the jurisdiction of the small claims docket.
(2) Possessory actions between landlord and tenant in which
the rent due at the time the action is filed does not exceed six
thousand dollars ($6,000).
(3) Emergency possessory actions between a landlord and
tenant under IC 32-31-6.
(c) This section expires July 1, 2005.
Sec. 4. (a) This section applies after June 30, 2005.
(b) The small claims docket has jurisdiction over the following:
(1) Civil actions in which the amount sought or value of the
property sought to be recovered is not more than six thousand
dollars ($6,000). The plaintiff in a statement of claim or the
defendant in a counterclaim may waive the excess of any
claim that exceeds six thousand dollars ($6,000) in order to
bring it within the jurisdiction of the small claims docket.
(2) Possessory actions between landlord and tenant in which
the rent due at the time the action is filed does not exceed six
thousand dollars ($6,000).
(3) Emergency possessory actions between a landlord and
tenant under IC 32-31-6.
Sec. 5. (a) The exceptions provided in this section to formal
practice and procedure apply to all cases on the small claims
docket.
(b) A defendant is considered to have complied with the statute
and rule requiring the filing of an answer upon entering an
appearance personally or by attorney. The appearance constitutes
a general denial and preserves all defenses and compulsory
counterclaims, which may then be presented at the trial of the
cause.
(c) If, at the trial of the cause, the court determines:
(1) that the complaint is so vague or ambiguous that the
defendant was unable to determine the nature of the
plaintiff's claim; or
(2) that the plaintiff is surprised by a defense or compulsory
counterclaim raised by the defendant that the plaintiff could
not reasonably have anticipated;
the court shall grant a continuance.
(d) The trial shall be conducted informally, with the sole
objective of dispensing speedy justice between the parties
according to the rules of substantive law. The trial is not bound by
the statutes or rules governing practice, procedure, pleadings, or
evidence except for provisions relating to privileged
communications and offers of compromise.
Sec. 6. There is no change of venue from the county as of right
in cases on the small claims docket. However, a change of venue
from the judge shall be granted as provided by statute and by rules
of the supreme court.
Sec. 7. (a) The filing of a claim on the small claims docket is
considered a waiver of trial by jury.
(b) A defendant may, not later than ten (10) days following
service of the complaint in a small claims case, demand a trial by
jury by filing an affidavit that:
(1) states that there are questions of fact requiring a trial by
jury;
(2) specifies those questions of fact; and
(3) states that the demand is in good faith.
(c) Notice of the defendant's right to a jury trial, and the ten (10)
day period in which to file for a jury trial, shall be clearly stated on
the notice of claim or on an additional sheet to be served with the
notice of claim on the defendant.
(d) Upon the deposit of seventy dollars ($70) in the small claims
docket by the defendant, the court shall transfer the claim to the
plenary docket. Upon transfer, the claim then loses its status as a
small claim.
Sec. 8. (a) The minor offenses and violations docket has
jurisdiction over the following:
(1) All Class D felony cases.
disposition report to the judge of the court.
Sec. 6. The judge of the court may:
(1) limit any of the rights or powers of the small claims
referee; and
(2) specifically determine the duties of the small claims referee
within the limits established in this chapter.
Chapter 4. Division of Rooms in Superior Courts
Sec. 1. In a county that has a superior court consisting of two (2)
or more judges, the court shall be divided into rooms.
Sec. 2. The rooms described in section 1 of this chapter shall be
numbered consecutively, beginning with No. 1. The judges of the
courts shall be nominated and elected by rooms. However, any one
(1) judge may sit as judge in the other rooms of the court.
Chapter 5. Terms and Powers of Superior Courts
Sec. 1. (a) Except as provided in subsection (b), terms and
powers described in this chapter apply to superior courts except as
otherwise provided in the particular statute creating the superior
court for a particular county.
(b) Section 7 of this chapter applies to all superior courts.
Sec. 2. (a) If a superior court consists of more than one (1)
judge, the court shall hold general and special terms.
(b) A general term of the superior court may be held by a
majority of the judges and a special term by any one (1) or more of
the judges. General and special terms may be held at the same
time, as the judges of the court may direct. If a general or special
term is held, the terms shall be taken and considered to have been
held by the authority and direction of the judges.
Sec. 3. (a) The superior court, at general or special term, may do
the following:
(1) Issue and direct all process to courts of inferior
jurisdiction, and to corporations and individuals, which shall
be necessary in exercising its jurisdiction, and for the regular
execution of the law.
(2) Make all proper judgments, sentences, decrees, orders,
and injunctions.
(3) Issue all process and executions.
(4) Do other acts necessary to carry into effect subdivisions (1)
through (3) in conformity with the Constitution of the State of
Indiana and laws of Indiana.
(b) The court shall, at times as the business of the court may
require, meet in general term, and may, at any time, make a
distribution and redistribution of the business of the court to
special term, as it considers proper.
(c) Each judge holding court at special term shall transact the
business assigned to the judge. However, the judge may call one (1)
or more of the other judges of the court to sit with the judge in
special term to consider any matter pending before the judge.
(d) The court, at special term, may hear and dispose of business
distributed to it by the general term. The court may, at special or
general term:
(1) vacate or modify its own judgments or orders, rendered at
either special or general term; and
(2) enter judgments by confession, as is vested by law in
circuit courts.
Sec. 4. The judges of the superior court, individually or
collectively, may do the following:
(1) Grant restraining orders and injunctions.
(2) Issue writs of habeas corpus, and of mandate and
prohibition.
(3) Appoint receivers, master commissioners, and
commissioners to convey real property.
(4) Grant commissions for the examination of witnesses.
(5) Appoint other officers necessary to facilitate and transact
the business of the court as is conferred on judges of circuit
courts.
Sec. 5. When any reason for a change of venue is shown to exist
from any of the judges, the remaining judge or judges alone shall
act. However, when all the judges are incompetent to act, the case
shall be transferred to the circuit court of the county.
Sec. 6. (a) In all cases where a person has the right of appeal
from the circuit to the supreme court or court of appeals, an appeal
may be taken directly to the supreme court or court of appeals
from any order or judgment of the superior court.
(b) Appeals described in subsection (a) are governed by the law
regulating appeals from the circuit court to the supreme court or
court of appeals.
(c) Appeals from the special to the general term are abolished.
Sec. 7. To be eligible to hold office as a judge of a superior court,
a person must be a resident of the judicial circuit that the judge
serves.
Chapter 6. Transfer of Action to Circuit Court
Sec. 1. In all counties that contain circuit and superior courts,
the judge of the superior court may, upon the judge's own motion,
transfer any case filed and docketed in the superior court to the
circuit court to be redocketed and disposed of as if originally filed
with the circuit court if:
(1) any reason for change of venue from the judge of the
superior court is shown to exist as provided by law;
(2) more cases are filed in the superior court during any term
of the superior court than can be disposed of with expedition;
and
(3) in the opinion of the superior court, an early disposition of
the case is required.
Sec. 2. In all counties with circuit and superior courts, the judge
of the circuit court may, with the consent of the judge of the
superior court, transfer any action, cause, or proceedings filed and
docketed in the circuit court to the superior court by transferring
all original papers and instruments filed in the action, cause, or
proceeding without further transcript to be redocketed and
disposed of as if originally filed with the superior court, provided
the action, cause, or proceeding could have been originally filed
and docketed in the superior court, in any of the following
instances:
(1) Whenever more cases are filed in the circuit court during
any year than can be disposed of with expedition.
(2) In all other cases where, in the opinion of the circuit court
judge, an early disposition of the case is required.
Sec. 3. In all counties with circuit and superior courts, the judge
of the superior court may, with the consent of the judge of the
circuit court, transfer any action, cause, or proceedings filed and
docketed in the superior court to the circuit court by transferring
all original papers and instruments filed in the action, cause, or
proceeding without further transcript to be redocketed and
disposed of as if originally filed with the circuit court, in any of the
following instances:
(1) Whenever more cases are filed in the superior court
during any year than can be disposed of with expedition.
(2) In all other cases where, in the opinion of the superior
court judge, an early disposition of the case is required.
Sec. 4. Whenever a special judge has been designated in any
action, cause, or proceeding, and the special judge is the elected
qualified and acting judge of a circuit, superior, or probate court
in the county having jurisdiction of the subject matter of the
action, cause, or proceeding, the regular judge of the court in
which the action, cause, or proceeding is pending may, after the
designation of a special judge, with the consent of the special judge,
transfer the action, cause, or proceeding to the court presided over
by the special judge by transferring all original papers and
instruments filed in the action, cause, or proceeding, without
further transcript to be redocketed and disposed of as if originally
filed with the court to which the action, cause, or proceeding is
transferred.
SECTION 9. IC 33-30 IS ADDED TO THE INDIANA CODE AS
A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2004]:
ARTICLE 30. COUNTY COURTS
Chapter 1. Definitions
Sec. 1. The definitions in this chapter apply throughout this
article.
Sec. 2. "Chief justice" means the chief justice of Indiana.
Sec. 3. "Judge" means a county court judge or, where the
context requires, a judge of a unified superior court.
Sec. 4. "Temporary transfer" means an assignment for more
than the duration of a six (6) year term.
Chapter 2. Establishment and Organization
Sec. 1. A county court is established in each county, except in a
county for which:
(1) IC 33-33 provides a small claims docket of the circuit
court;
(2) IC 33-33 provides a small claims docket of the superior
court; or
(3) IC 33-34 provides a small claims court.
Sec. 2. Notwithstanding section 1 of this chapter, Lake County
does not have a county court. However, the county division of the
superior court of Lake County shall maintain the dockets described
in IC 33-30-5-1.
Sec. 3. Each county court has one (1) judge except as otherwise
provided in this chapter.
Sec. 4. The county court of Madison County has two (2) judges.
Sec. 5. There must be one (1) division for each judge of the
county court. Each division must include the entire county or
counties the judge normally serves.
Sec. 6. (a) The judge shall formulate an organizational plan for
the efficient operation of the judge's court. The organizational plan
must include provisions to facilitate the speedy disposition of cases
involving motorists charged with the violation of state traffic laws.
(b) The organizational plan must provide for a system of posting
bond in traffic cases by designating the places where bond may be
posted with due consideration given to factors of convenience to
both law enforcement officers and alleged offenders.
(c) To facilitate the speedy disposition of cases involving traffic
violations, the organizational plan must provide for a standard
traffic violations bureau for the county court under IC 34-28-5-7
through IC 34-28-5-10. The plan must ensure that the defendant is
advised of all rights. A judge serving more than one (1) county
shall establish a traffic violations bureau in each county.
Sec. 7. (a) A judge of a county court may adopt rules and
regulations for conducting the business of the court.
(b) The judge of the county court may do the following:
(1) Perform marriages.
(2) Issue warrants.
(3) Issue and direct a process necessary in exercising the
court's jurisdiction.
(4) Make proper judgments, sentences, decrees, and orders.
(5) Issue process.
(6) Perform acts necessary and proper to carry out the
provisions of this article.
(c) The judge of the county court has the same power as the
judge of a circuit court concerning the following:
(1) The attendance of witnesses.
(2) The punishment of contempts and the enforcement of the
judge's orders.
(3) The administration of oaths.
(4) The issuance of necessary certificates for the
authentication of the records and proceedings of the court.
Sec. 8. (a) A county court shall meet in continuous session.
(b) A vacation of one (1) month per year shall be provided for
the judge of the county court. The judge of the county court shall
coordinate the judge's schedule so that great inconvenience is not
caused to a person seeking the services of the court during the
vacation period.
(c) The judge may appoint a judge pro tem to handle the court's
judicial business during the judge's vacation or for any period the
judge considers necessary. The sitting of a judge pro tem may not
become a standard practice of the court.
Sec. 9. A county court shall have a seal consisting of a circular
disk containing the words, "_________________ (insert name of
county) County Court of the State of Indiana". If a judge normally
serves more than one (1) county, there shall be a separate seal for
each county.
docket by the defendant, the court shall transfer the claim to the
plenary docket. Upon transfer, the claim shall lose the claim's
status as a small claim.
Sec. 6. With respect to jury trials for criminal cases in a county
court, the jury must consist of the number of qualified jurors
required by IC 35-37-1-1. When a jury trial is demanded, the
county court may call a jury from the list provided and used by the
circuit court.
Sec. 7. (a) If a court or jury finds against the defendant, the
court shall specify the terms and conditions for satisfaction of the
judgment. The judgment may be paid in installments.
(b) The judge may stay the issuance of execution and other
supplementary process during compliance. The stay may be
modified or vacated by the court.
Sec. 8. A county court is a court of record.
Sec. 9. (a) All judgments rendered in civil actions must be
properly recorded in the judgment docket book of a county court.
Judgments are liens on real estate when the judgment is entered in
the county court judgment docket in the same manner as
judgments in a court of general jurisdiction become liens on real
estate under IC 34-55-9.
(b) The clerk of the county court shall keep a judgment docket
in which judgments must be entered and properly indexed in the
name of the judgment defendant as judgments of circuit courts are
entered and indexed.
Sec. 10. An appeal of a judgment from a county court must be
taken:
(1) in the same manner and under the same rules and statutes;
and
(2) with the same assessment of costs;
as cases appealed from a circuit court.
Chapter 6. Transfer of Cases and Judges
Sec. 1. (a) A judge of a circuit or superior court may order a
case filed in the judge's court to be transferred to the county court
and entered in the appropriate docket if:
(1) the county court has jurisdiction of the case concurrent
with the circuit or superior court; and
(2) the county court judge consents to the transfer.
(b) A judge of the county court may order a case filed in the
plenary or criminal docket of the county court to be transferred to
the circuit or superior court and entered in the appropriate docket
if:
evening session to be held one (1) time each week in each county
served by the court. Additional sessions in the evening and on
holidays shall be held as necessary to ensure the just, speedy, and
inexpensive determination of every action.
Sec. 2. (a) The clerk and sheriff of the county shall serve as the
clerk and sheriff of the county court. The clerk and sheriff shall
attend the court and discharge all duties pertaining to the
respective offices as required by law in circuit courts.
(b) The clerk shall permit cases to be filed in any normal
weekday whether or not the county court judge is sitting in the
county on that day.
(c) All instruments requiring the signature of the clerk in the
county court's business shall be signed as "Clerk of the _______
County Court.".
(d) The judge of the county court shall appoint a bailiff and a
reporter and other employees necessary to carry out the business
of the court.
Sec. 3. (a) The county shall furnish all supplies, including the
following:
(1) Blanks, forms, and papers of every kind required for use
in all cases.
(2) Furniture.
(3) Books.
(4) Papers.
(5) Stationery.
(6) Recording devices.
(7) Other equipment and supplies of every character
necessary for the keeping of the records of the proceedings
and maintaining of the county court.
(b) The county shall provide a suitable place for the holding of
court for the judge of the county court sitting in the county. The
county shall pay the salary of the:
(1) deputy clerk;
(2) county police officer;
(3) bailiff; and
(4) reporter;
assigned to the county court as prescribed by law.
Sec. 4. (a) The salary of a county court judge who serves more
than one (1) county shall be paid by the respective counties in equal
amounts.
(b) The salary of every county court judge, as set by IC 33-38-5,
shall be paid in equal monthly installments.
the judge may appoint, in writing, an attorney eligible to the office
of the judge, at the term or part of the term.
(b) A written appointment shall be entered of record in the
court.
(c) If the appointee is not a judge of a court of record, the
appointee shall take the same oath required by law of judges of the
probate court.
(d) The appointee has the same power and authority during the
continuance of the appointment of the judge as a regularly elected
judge of the court.
Sec. 13. (a) When a person is appointed judge pro tem under
this chapter, the appointee is entitled to ten dollars ($10) for each
day the appointee serves as the judge to be paid:
(1) out of the county treasury of the county where the probate
court is held;
(2) upon the warrant of the county auditor; and
(3) based upon the filing of a claim approved by the judge of
the court.
(b) Any amount more than five hundred dollars ($500) allowed
to a judge pro tem during any year shall be deducted by the board
of county commissioners from the regular annual salary of the
judge of the probate court making the appointment unless the
judge pro tem is appointed on account of change of venue,
relationship, interest as former counsel, or absence of judge in case
of serious sickness of the judge or a family member of the judge.
Sec. 14. The process of the court must:
(1) have the seal affixed;
(2) be attested, directed, served, and returned; and
(3) be in form as is or may be provided for process issuing
from the circuit court.
Sec. 15. (a) The probate court is a court of record and of general
jurisdiction.
(b) The court's judgments, decrees, orders, and proceedings:
(1) have the same force and effect as those of the circuit court;
and
(2) shall be enforced in the same manner.
Sec. 16. (a) The judge of the court:
(1) may make and adopt rules and regulations for conducting
the business of the court, not repugnant to Indiana law; and
(2) has all the power incident to a court of record and of
general original jurisdiction, in relation to the attendance of
witnesses, the punishment of contempts, and enforcing its
orders.
(b) The judge of the court may:
(1) administer oaths;
(2) take and certify acknowledgments of deeds; and
(3) give all necessary certificates for the authentication of the
records and proceedings in the court.
Sec. 17. Under the direction of the judge, the clerk shall provide
for court order books, judgment dockets, execution dockets, fee
books, and other books, records, and supplies as may be necessary.
All books, papers, and proceedings of the court shall be kept
distinct and separate from those of other courts.
Sec. 18. The judge of the court has the same power as the judge
of the circuit court of the county to:
(1) grant restraining orders and injunctions;
(2) issue writs of habeas corpus, and of mandate and
prohibition; and
(3) appoint receivers, master commissioners for the
examination of witnesses, and other officers necessary to
facilitate and transact the business of the court.
Sec. 19. A party may appeal to the supreme court or the court
of appeals from the order or judgment of the probate court in any
case in which an appeal may be had from an order or judgment of
the circuit court. The appeal shall be regulated by the law
regulating appeals from the circuit court to the court of appeals
and the supreme court, so far as applicable. An appeal may also be
taken to the court of appeals and the supreme court in the same
manner and in like cases as from circuit courts.
Sec. 20. (a) The same docket fees shall be taxed in the court as
are provided by law to be taxed in the circuit court.
(b) The fees, when collected, shall be paid by the clerk to the
treasurer of the county to be applied in reimbursing the county for
expenses of the court.
Sec. 21. (a) The salary of the judge of the probate court shall be
the same as that of the judge of the circuit court of the county. The
salary of the judge and the compensation of a judge pro tempore
shall be paid in the same manner and from the same sources as the
judge of the circuit court or judges pro tempore of the court.
(b) A full-time judge of a probate court may not be paid
compensation for serving as a special judge, except for reasonable
expenses for meals, lodging, travel, and other incidental expenses
approved by the executive director of the division of state court
administration.
times necessary for the proper administration of the election
statutes; and
(2) may close the office on those days that the judge of the
circuit court orders the court closed in accordance with the
custom and practice of the county.
(c) Any legal action required to be taken in the office of the clerk
during the time the office is closed under this section may be taken
on the next following day the office is open.
Sec. 5. A clerk may administer all oaths.
Sec. 6. A clerk shall carry out the duties prescribed for a clerk
in IC 3 concerning elections.
Sec. 7. A clerk shall post in a conspicuous place in the clerk's
office a table of the clerk's fees. If a clerk fails to post a table of
fees, a clerk may not demand or receive fees for services rendered.
Sec. 8. The clerk may not become the purchaser of any
judgment, decree, or allowance of any court of which the clerk is
an officer. All these purchases are void as to the purchaser.
Chapter 3. Record Keeping Duties
Sec. 1. (a) The clerk shall endorse the time of filing on each
writing required to be filed in the office of the clerk.
(b) The clerk shall carefully preserve in the office of the clerk all
records and writings pertaining to the clerk's official duties.
(c) The clerk shall procure, at the expense of the county, all
necessary judges' appearance, bar, judgment, and execution
dockets, order books, and final record books.
(d) The clerk shall:
(1) attend, in person or by deputy, the circuit court of the
county; and
(2) enter in proper record books all orders, judgments, and
decrees of the court.
(e) Not more than fifteen (15) days after the cases are finally
determined, the clerk shall enter in final record books a complete
record of:
(1) all cases involving the title to land;
(2) all criminal cases in which the punishment is death or
imprisonment, except where a nolle prosequi is entered or an
acquittal is had; and
(3) all other cases, at the request of either party and upon
payment of the costs.
Sec. 2. (a) The clerk shall keep a circuit court judgment docket.
(b) Upon the filing in the office of the clerk a statement or
transcript of any judgment for the recovery of money or costs, the
clerk shall enter, and index in alphabetical order, in this judgment
docket a statement of the judgment showing the following:
(1) The names of all the parties.
(2) The name of the court.
(3) The number of the cause.
(4) The book and page of the record in which the judgment is
recorded.
(5) The date the judgment is entered and indexed.
(6) The date of the rendition of judgment.
(7) The amount of the judgment and the amount of costs.
(c) If a judgment is against several persons, the statement
required to be entered under subsection (b) shall be repeated under
the name of each judgment debtor in alphabetical order.
(d) A person interested in any judgment for money or costs that
has been rendered by any state court, or by any federal court of
general original jurisdiction sitting in Indiana, may have the
judgment entered upon the circuit court judgment docket by filing
with the clerk:
(1) a statement setting forth the facts required under
subsection (b); or
(2) a transcript of the judgment;
certified under the hand and seal of the court that rendered the
judgment.
Sec. 3. The circuit court judgment docket is a public record that
is open during the usual hours of transacting business for
examination by any person.
Sec. 4. A clerk shall:
(1) enter a judgment or recognizance not more than fifteen
(15) days after its rendition; or
(2) cause a release of judgment to be entered on the judgment
docket not more than fifteen (15) days after satisfaction of the
judgment.
Sec. 5. (a) The clerk shall keep an execution docket.
(b) The clerk shall enter all executions on the execution docket
as they are issued by the clerk, specifying in proper columns the
following information:
(1) The names of the parties.
(2) The amount of the judgment and the interest due upon the
issuing of the execution.
(3) The costs.
The clerk shall also prepare an additional column in which the
clerk shall enter the return of the sheriff.
The hearing officer continues in office until removed by the judge.
(c) The salary of a hearing officer appointed under subsection
(b) is equal to that of a magistrate under IC 33-23-5. The hearing
officer's salary must be paid by the county. The hearing officer is
a county employee.
Sec. 5. (a) There is established a superior court in Allen County.
(b) The superior court shall be known as the Allen superior
court.
(c) The Allen superior court is a court of record, and its
judgments, decrees, orders, and proceedings have the same force
and effect and shall be enforced in the same manner as those of the
Allen circuit court.
Sec. 6. The Allen superior court shall have a seal consisting of a
circular disk containing the words, "Allen Superior Court",
"Indiana", and "Seal", in a design as the court may determine. An
impression of the seal shall be spread of record upon the order
book of the superior court.
Sec. 7. (a) The Allen superior court shall hold its sessions in:
(1) the Allen County courthouse in Fort Wayne; and
(2) in other places in Allen County as the court may
determine.
(b) The board of county commissioners of Allen County shall
provide and maintain in the courthouse and at other places in Allen
County as the court may determine:
(1) suitable and convenient courtrooms for the holding of the
court;
(2) suitable and convenient jury rooms and offices for the
judges and other court officers and personnel; and
(3) other facilities as may be necessary.
(c) The board of county commissioners of Allen County shall
also provide all necessary furniture and equipment for rooms and
offices of the court.
Sec. 8. (a) The Allen superior court consists of nine (9) judges as
follows:
(1) Two (2) judges serve in the family relations division.
(2) Three (3) judges serve in the criminal division.
(3) Four (4) judges serve in the civil division.
A newly elected or appointed judge assumes the division
assignment of the judge whom the judge replaces.
(b) If in the opinion of a majority of the judges there is an undue
disparity in the number of cases in any division, the chief judge
may assign specific cases normally assigned to that division to a
judge in another division as directed by a majority of the judges.
(c) During the period under IC 3-8-2-4 in which a declaration of
candidacy may be filed for a primary election, any person desiring
to become a candidate for one (1) of the Allen superior court
judgeships must file with the election division a declaration of
candidacy adapted from the form prescribed under IC 3-8-2 that:
(1) is signed by the candidate; and
(2) designates the division and the name of the incumbent
judge of the judgeship that the candidate seeks.
(d) A petition without the designation required under subsection
(c) shall be rejected by the election division (or by the Indiana
election commission under IC 3-8-1-2).
(e) If an individual who files a declaration under subsection (c)
ceases to be a candidate after the final date for filing a declaration
under subsection (c), the election division may accept the filing of
additional declarations of candidacy for that seat not later than
noon on August 1.
Sec. 9. (a) All candidates for each respective Allen superior
court judgeship shall be listed on the general election ballot in the
form prescribed by IC 3-11-2, without party designation. The
candidate receiving the highest number of votes for each judgeship
shall be elected to that office.
(b) IC 3, except where inconsistent with this chapter, applies to
elections held under this chapter.
(c) The term of each Allen superior court judge:
(1) begins January 1 following election and ends December 31
following the election of a successor; and
(2) is six (6) years.
Sec. 10. (a) To qualify as a candidate for Allen superior court
judge, a person:
(1) must be a citizen of the United States domiciled in Allen
County;
(2) must have at least five (5) years active practice of law,
including cases involving matters assigned to the division in
which the person would serve as judge;
(3) may not previously have had any disciplinary sanction
imposed upon the person by the supreme court disciplinary
commission of Indiana or any similar body in another state;
and
(4) may not previously have been convicted of any felony.
(b) If a person does not qualify under subsection (a), the person
may not be listed on the ballot as a candidate. However, an
individual who was a judge of the court on January 1, 1984, does
not have to comply with subsection (a)(2).
Sec. 11. A judge or candidate for judge of the Allen superior
court may not:
(1) accept a contribution (as defined in IC 3-5-2-15) from any
political party, political action committee (as defined in
IC 3-5-2-37), or regular party committee (as defined in
IC 3-5-2-42); or
(2) accept more than a total of ten thousand dollars ($10,000)
in contributions from all sources to pay expenses connected
with the candidate's candidacy.
Sec. 12. (a) The Allen superior court:
(1) may make and adopt rules and regulations for conducting
the business of the court, not repugnant to Indiana laws and
the rules of the supreme court; and
(2) has all the powers incident to a court of record in relation
to the attendance of witnesses, the punishment of contempts,
and the enforcement of its orders.
(b) The judges of the superior court may administer oaths,
solemnize marriages, take and certify acknowledgments of deeds,
and all legal instruments, and give all necessary certificates for the
authentication of the records and proceedings in the court.
Sec. 13. The Allen superior court may:
(1) grant restraining orders and injunctions;
(2) issue writs of habeas corpus;
(3) appoint receivers, masters, and commissioners to convey
real property and to grant commissions for the examination
of witnesses; and
(4) appoint other officers necessary to facilitate and transact
the business of the court;
as conferred on circuit courts or the judges of circuit courts.
Sec. 14. (a) The Allen superior court may appoint probate
commissioners, juvenile referees, bailiffs, court reporters,
probation officers, and other personnel, including an
administrative officer, the court believes are necessary to facilitate
and transact the business of the court.
(b) In addition to the personnel authorized under subsection (a)
and IC 31-31-3, the following magistrates may be appointed:
(1) The judges of the Allen superior court-civil division may
jointly appoint not more than four (4) full-time magistrates
under IC 33-23-5 to serve the Allen superior court-civil
division. The judges of the Allen superior court-civil division
may jointly assign any magistrates the duties and powers of
a probate commissioner.
(2) The judge of the Allen superior court-criminal division
may jointly appoint not more than three (3) full-time
magistrates under IC 33-23-5 to serve the Allen superior
court-criminal division. Any magistrate serves at the pleasure
of, and continues in office until jointly removed by, the judges
of the division that appointed the magistrate.
(c) All appointments made under this section must be made
without regard to the political affiliation of the appointees. The
salaries of the personnel shall be fixed and paid as provided by law.
If the salaries of any of the personnel are not provided by law, the
amount and time of payment of the 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 appointed shall perform duties as are prescribed by
the court. Any administrative officer appointed by the court shall
operate under the jurisdiction of the chief judge and serve at the
pleasure of the chief judge. Any probate commissioners,
magistrates, juvenile referees, bailiffs, court reporters, probation
officers, and other personnel appointed by the court serve at the
pleasure of the court.
(d) Any probate commissioner appointed by the court may be
vested by the 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 the 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 the court, the enforcement of court rules and regulations,
the making of reports to the court concerning the probate
commissioner's actions under this subsection, including the taking
and hearing of evidence together with the commissioner's findings
and conclusions regarding the evidence. However, all matters
under this subsection are under the final jurisdiction and decision
of the judges of the court.
(e) A juvenile referee appointed by the court may be vested by
the 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, and the making of
reports to the court concerning the referee's actions under this
subsection. The actions of a juvenile referee under this subsection
are under final jurisdiction and decision of the judges of the court.
(f) A probate commissioner or juvenile referee may:
(1) summon witnesses to testify before the commissioner or
juvenile referee; and
(2) administer oaths and take acknowledgments;
to carry out the commissioner's or juvenile referee's duties and
powers.
(g) The powers of a magistrate appointed under this section
include the powers provided in IC 33-23-5 and the power to enter
a final order or judgment in any proceeding involving matters
specified in IC 33-29-2-3 (jurisdiction of small claims docket) or
IC 34-26-5 (protective orders to prevent domestic or family
violence).
Sec. 15. Each juvenile referee appointed under section 14 of this
chapter who:
(1) is appointed by the court to serve as a full-time referee;
and
(2) does not practice law during the referee's term as referee;
is entitled to receive an annual salary as provided in IC 33-38-5-7.
Sec. 16. The clerk of the Allen circuit court and the sheriff of
Allen County shall be the clerk and sheriff of the Allen superior
court.
Sec. 17. (a) The clerk and sheriff shall attend the Allen superior
court and discharge all the duties pertaining to their respective
offices as they are required to do by law in the circuit court.
(b) All laws prescribing the duties and liabilities of clerk and
sheriff and the mode of proceeding against them, or either of them,
for neglect of official duty, allowing fees, and providing for the
collection fees in the circuit court, apply to the Allen superior
court.
(c) In a case in the Allen superior court based upon a violation
of a city ordinance where fines or forfeitures are adjudged against
a party:
(1) the fines or forfeitures shall be paid to and collected by the
clerk and regularly remitted to the city clerk of the city that
issued the ordinance; and
(2) the city clerk shall disburse the fines or forfeitures as
required by law.
in which they are drawn by the jury commissioners.
(b) A judge of the superior court may order the selection and
summoning of other jurors for the court when necessary. The
jurors shall serve the entire court and before any judge of the court
where their service may be required.
Sec. 24. Jurors and witnesses in attendance upon the Allen
superior court shall receive the same fees as are provided for by
law for jurors and witnesses in the circuit court.
Sec. 25. The judge of the Allen circuit court may, with the
consent of the Allen superior court, transfer any action, cause, or
proceeding filed and docketed in the circuit court to the superior
court by transferring all original papers and instruments filed in
the action, cause, or proceeding without a further transcript to be
redocketed and disposed of as if originally filed with the Allen
superior court.
Sec. 26. Any judge of the Allen superior court may, with the
consent of the judge of the Allen circuit court, transfer any action,
cause, or proceeding filed and docketed in the superior court to the
circuit court by transferring all original papers and instruments
filed in the action, cause, or proceeding without further transcript
thereof to be redocketed and disposed of as if originally filed with
the circuit court.
Sec. 27. The judge of the Allen circuit court may sit as a judge
of the superior court, with the superior court's permission, in all
matters pending before the superior court, without limitation and
without any further order, in the same manner as if the circuit
court judge were a judge of the superior court with all the rights
and powers as if the circuit court judge were appointed judge of
the superior court.
Sec. 28. Any party may appeal from any order or judgment of
the superior court in any case where an appeal may be had from a
similar order or judgment of the circuit court.
Sec. 29. The process of the Allen superior court must have the
seal affixed and be attested, directed, served, and returned, and be
in the form as is provided for process issuing from the circuit
court.
Sec. 30. (a) The Allen superior court shall be governed and
operated by a board of judges composed of all the judges of the
superior court. Six (6) judges are required for a quorum for
conducting business and as a majority for taking action. Every two
(2) years the board of judges shall elect a chief judge to carry out
ministerial functions of representation as the board of judges
periodically determines by a majority of the board's members.
(b) Matters of administration, budget, expenditures, policy, and
procedure affecting the entire superior court shall be determined
by a majority of the board of judges. Any determination binds the
entire board of judges and each judge of the board.
(c) One (1) budget covering all the divisions of the superior
court shall be prepared for the superior court and submitted to the
county fiscal body. However, each division shall prepare its own
budget as a component of the superior court's total budget.
Sec. 31. (a) The court, by rules adopted by the Allen superior
court, shall divide the work of the court into the following
divisions:
(1) A family relations division.
(2) A criminal division (including a standard minor offenses
and violations docket under IC 33-29-2-8).
(3) A civil division (including a standard small claims docket
under IC 33-29-2-3.)
(b) Cases involving juvenile matters shall be assigned to the
family relations division.
(c) Cases involving matters specified in IC 33-29-2-8 shall be
assigned to the criminal division.
(d) Cases involving matters specified in IC 33-29-2-3 shall be
assigned to the small claims docket in the civil division.
(e) The work of each division may be divided further by rules
adopted by the court.
(f) Every two (2) years each division of the court shall elect an
administrative judge for that division. The administrative judge
shall carry out ministerial, administrative, and assignment
functions as are periodically determined by a majority of the
judges of that division.
(g) Matters of administration, budget, expenditures, policy, and
procedure in each division shall be determined by a majority of the
judges of that division.
(h) Disputes within any division concerning administration,
budget, expenditures, policy, procedure, and assignments that
pertain to the division as a whole or to any individual judge of the
division, that for any reason cannot be resolved by a majority of
the judges in the division, shall be submitted to the board of judges
and determined by a majority of the board of judges.
(i) A resolution approved by a majority of the board of judges
that resolves disputes within a division must include at least one (1)
of the judges of that division and binds all of the judges of that
division.
Sec. 32. (a) There is established a judicial nominating
commission for the Allen superior court.
(b) The board of county commissioners of Allen County shall
provide all facilities, equipment, supplies, and services necessary
for the administration of the duties of the commission.
(c) The members of the commission serve without
compensation. However, the board of commissioners shall
reimburse members of the commission for actual expenses
incurred in performing their duties.
Sec. 33. (a) The judicial nominating commission consists of
seven (7) members, the majority of whom shall form a quorum.
The chief justice of the supreme court (or a justice of the supreme
court or judge of the court of appeals designated by the chief
justice) shall be a member and shall act as chairman. Persons who
are admitted to the practice of law and who reside in Allen County
shall, under sections 35 and 36 of this chapter, elect three (3)
members to serve on the commission. The governor shall appoint
to the commission three (3) residents of Allen County who are not
admitted to the practice of law. However, not more than two (2) of
these appointees may be from the same political party. If the
governor fails to appoint any of the nonattorney commission
members within the time required under section 34 of this chapter,
the appointment shall be made by the chief justice of the supreme
court.
(b) A member of the commission other than a judge or justice
may not hold any other salaried public office, and a member may
not hold an office in a political party or organization. A member of
the commission is ineligible for appointment to a judicial office in
Allen County while the member is a member of the commission
and for three (3) years thereafter. If any member of the
commission other than a judge or justice terminates the member's
residence in Allen County, the member is considered to have
resigned from the commission.
Sec. 34. (a) The governor shall appoint the three (3) nonattorney
members of the commission.
(b) One (1) month before the expiration of a term of office of a
nonattorney commissioner, the governor shall:
(1) reappoint the commissioner; or
(2) appoint a replacement.
All appointments shall be certified to the secretary of state, the
clerk of the supreme court, and the clerk of Allen superior court
not more than ten (10) days after the appointment.
(c) After their initial terms, the governor shall appoint each
nonattorney commissioner for a term of four (4) years.
(d) When a vacancy occurs in the office of a nonattorney
commissioner, the chairman of the commission shall promptly
notify the governor in writing of that fact. Vacancies in the office
of nonattorney commissioners shall be filled by appointment of the
governor not more than sixty (60) days after the governor has
notice of the vacancy. The nonattorney commissioner appointed
shall serve during the unexpired term of the member whose
vacancy the nonattorney commissioner has filled.
Sec. 35. (a) Persons who are admitted to the practice of law and
who reside in Allen County (referred to as "attorney electors")
shall elect three (3) members to serve on the commission. The term
of office of each elected attorney member is four (4) years,
commencing on the first day of October following the member's
election. The election day is the first Tuesday in September 1983,
and every four (4) years thereafter. During the month before the
expiration of each attorney commissioner's term of office, an
election shall be held to fill the succeeding four (4) year term of
office.
(b) Except when a term of office has less than ninety (90) days
remaining, vacancies in the office of an attorney commissioner
shall be filled for the unexpired term by a special election.
Sec. 36. The attorney members of the commission shall be
elected by the following process:
(1) The clerk of the superior court shall, at least ninety (90)
days before the date of election, notify all attorneys in Allen
County of the election by mail, informing them that
nominations must be made to the clerk of the superior court
at least sixty (60) days before the election.
(2) A nomination in writing, accompanied by a signed petition
of ten (10) attorney electors and the written consent of the
qualified nominee, shall be filed by an attorney elector in the
office of the clerk at least sixty (60) days before the election.
(3) The clerk shall prepare and print ballots containing the
names and residential addresses of all attorney nominees
whose written nominations, petitions, and written statements
of consent have been received sixty (60) days before the
election.
(A) The ballot must read:
clerk shall place all ballots in their package. These, along with
the certificates, shall be retained in the clerk's office for six (6)
months, and the clerk may not permit anyone to inspect them
except upon an order of the court of appeals.
(9) If two (2) or more nominees are tied so that one (1)
additional vote cast for one (1) of them would give that
nominee a plurality, the canvassers shall resolve the tie by lot,
and the winner of the lot is considered to have been elected.
Sec. 37. After:
(1) the attorney members of the commission have been
elected; and
(2) the names of the nonattorney commissioners appointed by
the governor have been certified to the secretary of state, the
clerk of the supreme court, and the clerk of Allen superior
court;
the superior court clerk shall notify the members of the
commission of their election or appointment.
Sec. 38. (a) A member of the commission shall serve until the
member's successor is appointed or elected.
(b) An attorney commissioner or nonattorney commissioner is
not eligible for more than two (2) successive reelections or
reappointments.
Sec. 39. (a) When a judge of the superior court:
(1) dies, resigns, is removed from office; or
(2) is for any reason ineligible to continue or incapable of
continuing in office until the end of the judge's term in office;
a judge in another division may not more than thirty (30) days
after the vacancy occurs transfer to the vacant position for the
remainder of the transferring judge's term. A judge who has made
one (1) transfer is ineligible to make any other transfers. If more
than one (1) judge desires to transfer, the most senior of these
judges is entitled to transfer. After a transfer, or the thirty (30) day
period if a transfer is not made, the commission shall meet to
nominate three (3) candidates to fill the unexpired term of the
vacancy caused by the transferring judge or the original vacancy
if a transfer is not made.
(b) The clerk shall promptly notify the members of the
commission of a vacancy that the commission must fill under
subsection (a), and the chairman shall call a meeting of the
commission within ten (10) days following that notice. The
commission shall submit its nominations of three (3) candidates for
the vacancy and shall certify them to the governor not later than
sixty (60) days after the vacancy occurred. When it is known that
a vacancy will occur at a definite future date within the term of the
governor then serving:
(1) the clerk shall notify the chairman and each member of
the commission immediately; and
(2) the chairman shall call a meeting of the commission within
ten (10) days following that notice.
The commission may then submit its nominations of three (3)
candidates for each impending vacancy and shall certify them to
the governor.
(c) Meetings of the commission shall be called by its chairman,
or, if the chairman fails to call a necessary meeting, upon the call
of any four (4) members of the commission. Written notice of a
meeting shall be given by mail to each member of the commission
at least five (5) days before the meeting, unless the commission at
its previous meeting designated the time and place of its next
meeting.
(d) Meetings of the commission may be held in the Allen County
courthouse or in another public building in Allen County
designated by the commission.
(e) The commission shall act only at a meeting and may act only
by the concurrence of a majority of its members attending a
meeting. The commission may adopt rules for the conduct of its
proceedings and the discharge of its duties.
Sec. 40. In selecting the three (3) nominees to be submitted to
the governor, the commission shall comply with the following
requirements:
(1) The commission shall submit only the names of the three
(3) most highly qualified candidates from among all those
eligible individuals considered. To be eligible for nomination
as a judge of the Allen superior court, a person must meet the
qualifications listed in section 10 of this chapter.
(2) As an aid in choosing the three (3) most qualified
candidates, the commission shall in writing evaluate each
eligible individual it considers on the following factors:
(A) Law school record, including any academic honors and
achievements.
(B) Contributions to scholarly journals and publications,
legislative draftings, and legal briefs.
(C) Activities in public service, including:
(i) writings and speeches concerning public or civic
affairs that are on public record, including campaign
speeches or writing, letters to newspapers, and testimony
before public agencies;
(ii) government service;
(iii) efforts and achievements in improving the
administration of justice; and
(iv) other conduct relating to the candidate's profession.
(D) Legal experience, including the number of years
practicing law, the kind of practice involved, and
reputation as a trial lawyer or judge.
(E) Probable judicial temperament.
(F) Physical condition, including age, stamina, and possible
habitual intemperance.
(G) Personality traits, including the exercise of sound
judgment, ability to compromise and conciliate, patience,
decisiveness, and dedication.
(H) Membership on boards of directors, financial interests,
and any other consideration that might create conflict of
interest with a judicial office.
(I) Any other pertinent information that the commission
feels is important in selecting the best qualified individuals
for judicial office.
(3) An individual may not be evaluated before the individual
states in writing that the individual desires to hold a judicial
office that is or will be created by a vacancy.
(4) The political affiliations of a candidate may not be
considered.
Sec. 41. The commission shall submit to the governor, with its
list of nominees, its written evaluation of the qualifications of each
nominee.
Sec. 42. (a) After the commission has nominated and submitted
to the governor the names of three (3) nominees:
(1) a name may be withdrawn for a cause considered by the
commission to substantially affect the nominee's qualifications
to hold office; and
(2) another name or other names may be substituted at any
time before the appointment is made to fill the vacancy.
(b) If a nominee dies or requests in writing that the nominee's
name be withdrawn, the commission shall nominate another
person to replace the nominee.
(c) If two (2) or more vacancies exist, the commission shall
nominate and submit to the governor a list of three (3) different
persons for each of the vacancies. Before an appointment is made,
the commission may withdraw the lists of nominations and change
the names of any persons nominated from one (1) list to another,
or may substitute a new name for any of those previously
nominated.
Sec. 43. (a) A vacancy created by a superior court judge's
departure from office before the expiration of the judge's term in
office that is not filled by a transfer under section 39 of this chapter
shall be filled by appointment of the governor from the list of
nominees. If the governor fails to make an appointment from the
list within sixty (60) days after the list is presented to the governor,
the appointment shall be made by the chief justice of the supreme
court from the same list.
(b) The governor shall make all appointments to the Allen
superior court without regard to the political affiliation of any of
the nominees and shall consider only those qualifications included
in section 40 of this chapter.
Sec. 44. An appointment to the Allen superior court for the
remainder of a departing judge's term in office takes effect
immediately if a vacancy exists at the date of the appointment. The
appointment takes effect on the date the vacancy is created if the
vacancy does not yet exist.
Sec. 45. A judge appointed under section 43 of this chapter
serves during the unexpired part of the judge's predecessor's term
in office.
Chapter 3. Bartholomew County
Sec. 1. Bartholomew County constitutes the ninth judicial
circuit.
Sec. 2. (a) There are created two (2) courts of record to be
known as Bartholomew superior court No. 1 and Bartholomew
superior court No. 2.
(b) Each court is a standard superior court as described in
IC 33-29-1.
(c) Bartholomew County comprises the judicial district of each
court.
Sec. 3. The clerk of the Bartholomew circuit court is the clerk of
the Bartholomew superior courts, and the sheriff of Bartholomew
County is the sheriff of the Bartholomew superior courts. The clerk
and sheriff shall attend the courts and discharge all the duties
pertaining to their respective offices as they are required to do by
law with reference to the Bartholomew circuit court.
Sec. 4. Each Bartholomew superior court has one (1) judge who
shall hold sessions in the Bartholomew County courthouse in
Columbus.
Sec. 5. (a) The judges of the Bartholomew superior courts:
(1) may make and adopt rules for conducting the business of
the Bartholomew superior courts not repugnant to the laws of
the state or rules of the supreme court; and
(2) have all powers incident to a court of record in relation to
the attendance of witnesses, punishment of contempt, and
enforcement of its orders.
(b) In addition to the powers described in IC 33-29-1-4, the
judges of each superior court may:
(1) give all necessary certificates for the authentication of
records and proceedings of each court; and
(2) make and execute certificates of qualification and moral
character of persons petitioning to be commissioned as
notaries public.
Sec. 6. (a) The judge of Bartholomew superior court No. 2 may
appoint one (1) full-time magistrate to serve Bartholomew superior
court No. 2.
(b) The magistrate continues in office until removed by the
judge of Bartholomew superior court No. 2.
Sec. 7. The Bartholomew superior courts have concurrent
jurisdiction, both original and appellate, with the Bartholomew
circuit court in all:
(1) civil actions and proceedings at law and in equity; and
(2) criminal and probate matters, actions, and proceedings of
which the Bartholomew circuit court has jurisdiction.
However, the Bartholomew circuit court has exclusive jurisdiction
in all juvenile matters, actions, and proceedings.
Sec. 8. The Bartholomew superior court No. 2 has a standard
small claims and misdemeanor division.
Chapter 4. Benton County
Sec. 1. (a) Benton County constitutes the seventy-sixth judicial
circuit.
(b) The Benton circuit court has a standard small claims and
misdemeanor division.
Chapter 5. Blackford County
Sec. 1. Blackford County constitutes the seventy-first judicial
circuit.
Sec. 2. (a) There is established a court of record to be known as
the Blackford superior court.
(b) The Blackford superior court is a standard superior court as
described in IC 33-29-1.
or the Boone circuit court does not have jurisdiction of any action
or proceeding filed in the circuit court but under this chapter the
jurisdiction is in one (1) of the other courts, the court in which the
action or proceeding was filed shall certify the case and the papers
to the proper court, which shall proceed as if the case were
originally filed in the proper court. The transfer shall be made by
order entered on the order book of the court transferring the
action or proceeding and shall be docketed in the court to which it
was transferred without a transcript.
(b) If any action, case, proceeding, or matter transferred under
this section is taken on change of venue to the court of another
county, or if the cause is appealed to the court of appeals or
supreme court from any order, ruling, judgment, or decree, the
clerk on request or praecipe of the party taking the change of
venue or appeal shall make a certified transcript of the proceedings
in each court, and the transcript has the same force and effect and
gives the court to which it is taken on change of venue or appeal the
same jurisdiction as though the transcript originally had been
made when the actions, causes, cases, proceedings, and matters
were transferred from one (1) court to the other.
Sec. 6. (a) The Boone superior courts shall, during the last sixty
(60) days in each calendar year, each appoint for the next calendar
year two (2) persons who are residents of Boone County as jury
commissioners. The law concerning jury commissioners appointed
by the circuit court fully governs the jury commissioners appointed
by the superior courts.
(b) The jury commissioners shall prepare and draw the petit
jury for the superior courts as is done by the jury commissioners
for the circuit court. The superior courts in making appointments
of the jury commissioners, the clerk in issuing process for the jury,
and the sheriff in serving process are governed by the law for petit
jurors for the circuit court.
(c) Each superior court may order on what day jurors shall be
summoned to attend the court. The judge of that court may order
the selection and summoning of other jurors for the court when
necessary. If a jury is not drawn, the clerk of the court shall select
from among the properly qualified residents of the county a jury
for the term, who shall be summoned and considered in all things
as the regular panel of that court.
Sec. 7. (a) Subject to this section, the Boone superior courts have
the same jurisdiction as the Boone circuit court.
(b) Only the circuit court has juvenile jurisdiction.
Cass County may provide.
Sec. 4. The clerk of the Cass circuit court shall serve as the clerk
of each Cass superior court, and the sheriff of Cass County shall
serve as the sheriff of each Cass superior court. They shall attend
the courts and perform the same duties relating to their offices as
they are required to do with respect to the Cass circuit court.
Sec. 5. (a) Cass superior court No. 1 has the same jurisdiction as
the Cass circuit court, except that only the circuit court has
juvenile jurisdiction.
(b) Cass superior court No. 2 has the same jurisdiction as Cass
superior court No. 1.
Sec. 6. Each Cass superior court has a standard small claims
and misdemeanor division.
Chapter 10. Clark County
Sec. 1. IC 33-29-1 does not apply to this chapter.
Sec. 2. (a) Clark County constitutes the fourth judicial circuit.
(b) The judges of the Clark circuit court and Clark superior
court may jointly appoint one (1) full-time magistrate under
IC 33-23-5 to serve the circuit and superior courts.
(c) The magistrate continues in office until removed by the
judges of the Clark circuit and superior courts.
Sec. 3. (a) There are established three (3) superior courts in
Clark County, each of which consists of one (1) judge, who shall
hold the judge's office for a term of six (6) years, beginning on the
first day of January after the judge's election, and until the judge's
successor is elected and qualified.
(b) To be eligible to hold office as a judge of Clark superior
court, a person must be:
(1) a resident of Clark County; and
(2) admitted to the bar of Indiana.
Sec. 4. (a) The superior courts shall be known as Clark superior
court No. 1, Clark superior court No. 2, and Clark superior court
No. 3, and the county of Clark shall constitute the judicial district
of each court.
(b) Each superior court shall be a court of record having the
same jurisdiction as the circuit court. A judge of the superior court
has the same powers relating to the conduct of business of the court
as the judge of the circuit court.
(c) Each court shall have a seal containing the words "Clark
Superior Court _________ (insert "No. 1", "No. 2", or "No. 3") of
Clark County, Indiana".
(d) Clark superior court No. 3 has a standard small claims and
misdemeanor docket.
Sec. 5. Each judge of a superior court may make and adopt rules
and regulations for conducting the business of the judge's court,
not repugnant to Indiana law.
Sec. 6. Each judge of a superior court has the same power to
grant restraining orders and injunctions, to issue writs of habeas
corpus and of mandate and prohibition, to appoint receivers,
master commissioners to convey real property, and to grant
commissions for the examination of witnesses, and to appoint other
officers necessary to facilitate and transact the business of the
court as is conferred on circuit courts or the judges of circuit
courts.
Sec. 7. Each superior court of Clark County shall hold its
sessions at the courthouse of the county, or at other convenient
places as the court designates in the county. The county
commissioners shall provide suitable quarters for each court.
Sec. 8. The clerk, under the direction of a judge of the superior
court, shall provide order books, judgment dockets, execution
dockets, fee books, and such other books, papers and records as are
necessary for that court, and all books, papers, and proceedings of
that court shall be kept distinct and separate from those of other
courts, and the records of all civil cases separate and apart from
the records of juvenile matters.
Sec. 9. Each judge of a superior court shall appoint a bailiff for
the court, whose salary shall be fixed and paid as provided by law.
Sec. 10. Each judge of a superior court shall appoint a court
reporter, whose duties, salary, and term, shall be regulated in the
same manner as the court reporter of circuit courts.
Sec. 11. All laws governing the circuit court in matters of
pleading, practice, the issuing and service of process, the giving of
notice, the appointment of judges pro tempore and special judges,
changes of venue from the judge and from the county,
adjournments by the court and by the clerk in the absence of the
judge, and the selection of jurors for the court are applicable to
and govern the courts established under this chapter. However, a
superior court may not appoint jury commissioners or call the
grand jury.
Sec. 12. The process of each superior court must have the seal
affixed and be attested, directed, served, and returned, and be in
form as is provided for process issuing from the circuit court.
Sec. 13. When an affidavit for a change of venue is filed in a
superior court for any of the causes described in IC 34-35-1-1(1),
IC 34-35-1-1(2), IC 34-35-1-1(6), or IC 34-35-1-1(7):
(1) a judge of a circuit court or superior court or a competent
attorney shall be called to hear and determine the cause as
provided by law for changes of venue in causes pending in the
circuit court; or
(2) the cause may be certified to the Clark circuit court or a
Clark superior court, in the discretion of the judge of the
superior court. The original papers shall be transferred to the
court. A transcript is not necessary. The circuit court has
jurisdiction to hear and determine the cause and render
judgment.
If the cause alleged in the affidavit is embraced in IC 34-35-1-1(3),
IC 34-35-1-1(4), and IC 34-35-1-1(5), the change shall be granted,
and the cause directed to the circuit or superior court of another
county, as provided in cases of changes of venue from the circuit
court, and the court to which the case is sent has jurisdiction to
hear and determine the cause and render judgment.
Sec. 14. On the third Monday of each January, the clerk of each
superior court and jury commissioners appointed by the judge of
the circuit court shall select a petit jury, in the manner provided by
law, to serve each superior court for that calendar year. The
officers in selecting, the clerk in issuing process for the jury, and
the sheriff in serving the process shall be governed by the rules and
regulations prescribed for the selection of petit jurors in the circuit
court. However, a superior court may order on what day the jurors
shall be summoned to attend that court. The judge of a superior
court may order the selecting and summoning of other jurors for
the court whenever the same may be necessary.
Sec. 15. (a) The judge of the Clark circuit court may, with the
consent of a judge of the superior court, transfer any action or
proceeding from the circuit court to that superior court. The judge
of a superior court may, with the consent of the judge of the circuit
court, transfer any action or proceeding from that superior court
to the circuit court. The judge of a superior court may, with the
consent of the judge of the other superior court, transfer any action
or proceeding from that superior court to the other superior court.
(b) The judge of the Clark circuit court may, with the consent
of the judge of the superior court, sit as a judge of that superior
court in any matter, as if the judge were an elected judge of that
superior court. The judge of a superior court may, with consent of
the judge of the circuit court, sit as a judge of the circuit court as
if the judge were an elected judge of the circuit court. The judge of
a superior court may, with the consent of the judge of the other
superior court, sit as judge of the other superior court as if the
judge were the elected judge of that superior court.
Chapter 11. Clay County
Sec. 1. Clay County constitutes the thirteenth judicial circuit.
Sec. 2. (a) There is established a court of record to be known as
the Clay superior court.
(b) The Clay superior court is a standard superior court as
described in IC 33-29-1.
(c) Clay County comprises the judicial district of the superior
court.
Sec. 3. The Clay superior court has one (1) judge who shall hold
sessions in the Clay County courthouse in Brazil or in other places
in the county as the board of county commissioners of Clay County
may provide.
Sec. 4. The judges of the Clay superior court and Clay circuit
court may jointly, in accordance with the Indiana Rules of Trial
Procedure, establish local rules for governing their courts,
including rules for distribution of cases over which the judges have
concurrent jurisdiction.
Sec. 5. The Clay superior court has the same jurisdiction as the
Clay circuit court, except that only the circuit court has juvenile
and probate jurisdiction.
Sec. 6. The Clay superior court has a standard small claims and
misdemeanor division.
Chapter 12. Clinton County
Sec. 1. Clinton County constitutes the forty-fifth judicial circuit.
Sec. 2. (a) There is established a court of record to be known as
the Clinton superior court.
(b) The Clinton superior court is a standard superior court as
described in IC 33-29-1.
(c) Clinton County comprises the judicial district of the superior
court.
Sec. 3. The Clinton superior court has one (1) judge who shall
hold sessions in the Clinton County courthouse in Frankfort or in
other places in the county as the Clinton County executive may
provide.
Sec. 4. The Clinton superior court has the same jurisdiction as
the Clinton circuit court, except that only the circuit court has
juvenile jurisdiction.
Sec. 5. The Clinton superior court has a standard small claims
and misdemeanor division.
commissioners of DeKalb County may provide.
Sec. 4. (a) If the transcript of the original papers in a civil action
or proceeding received by the clerk of the circuit and superior
courts of DeKalb County on change of venue from another county
contains an order of the court from which venue was changed
designating the circuit court or the superior court as the court to
which the case is to be transferred, the clerk shall file the action or
proceeding on the docket of the designated court.
(b) If the transcript of the original papers in a civil action or
proceeding does not contain an order designating the court to
which the case is to be transferred, the clerk shall alternately file
each action or proceeding on the docket of the circuit court and the
docket of the superior court, depending on the order and sequence
in which the papers of the cases reach the clerk, so that if the first
case is assigned to the circuit court, the next must be assigned to
the superior court.
Sec. 5. (a) In addition to the appointments made under
IC 33-29-1-5, if the county executive establishes the position of
small claims referee to serve the court, the judge of the DeKalb
superior court may appoint a part-time small claims referee under
IC 33-29-3 to assist the court in the exercise of its small claims
jurisdiction.
(b) 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.
(c) 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.
(d) The court shall employ administrative staff necessary to
support the functions of the small claims referee.
(e) The county fiscal body shall appropriate sufficient funds for
the provision of staff and facilities required under this section.
Sec. 6. The DeKalb superior court has the same jurisdiction as
the DeKalb circuit court.
Sec. 7. The DeKalb superior court has a standard small claims
and misdemeanor division.
Chapter 18. Delaware County
Sec. 1. Delaware County constitutes the forty-sixth judicial
circuit.
described in IC 33-29-1.
(c) Fayette County comprises the judicial district of the court.
Sec. 3. The Fayette superior court has one (1) judge who shall
hold sessions in:
(1) the Fayette County courthouse in Connersville; or
(2) other places in the county as the Fayette County executive
may provide.
Sec. 4. The Fayette superior court has the same jurisdiction as
the Fayette circuit court, except that only the circuit court has
juvenile jurisdiction.
Sec. 5. The Fayette superior court has a standard small claims
and misdemeanor division.
Chapter 22. Floyd County
Sec. 1. (a) Floyd County constitutes the fifty-second judicial
circuit.
(b) The judges of the Floyd circuit court, Floyd superior court,
and Floyd county court may jointly appoint one (1) full-time
magistrate under IC 33-23-5 to serve the circuit, superior, and
county courts.
(c) The magistrate continues in office until removed by the
judges of the Floyd circuit, superior, and county courts.
Sec. 2. (a) There is established a court of record to be known as
the Floyd superior court.
(b) Except as provided in section 3 of this chapter, the Floyd
superior court is a standard superior court as described in
IC 33-29-1.
(c) Floyd County comprises the judicial district of the court.
Sec. 3. (a) IC 33-29-1-3 does not apply to this section.
(b) The Floyd superior court has one (1) judge, who shall be
elected at the general election every six (6) years in Floyd 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.
Sec. 4. The Floyd superior court shall hold its sessions in:
(1) the Floyd County courthouse in New Albany; or
(2) other places in the county as the board of county
commissioners of Floyd County may provide.
Sec. 5. The Floyd superior court has the same jurisdiction as the
Floyd circuit court, except that only the circuit court has
jurisdiction over juvenile, probate, and trust matters.
Chapter 23. Fountain County
Sec. 1. (a) Fountain County constitutes the sixty-first judicial
circuit.
(b) The Fountain circuit court has a standard small claims and
misdemeanor division.
Chapter 24. Franklin County
Sec. 1. (a) Franklin County constitutes the thirty-seventh
judicial circuit.
(b) The Franklin circuit court has a standard small claims and
misdemeanor division.
Chapter 25. Fulton County
Sec. 1. Fulton County constitutes the forty-first judicial circuit.
Sec. 2. (a) There is established a court of record to be known as
the Fulton superior court.
(b) The Fulton superior court is a standard superior court as
described in IC 33-29-1.
(c) Fulton County comprises the judicial district of the court.
Sec. 3. The Fulton superior court has one (1) judge who shall
hold sessions in:
(1) the Fulton County courthouse in Rochester; or
(2) other places in the county as the Fulton County executive
may provide.
Sec. 4. The Fulton superior court has the same jurisdiction as
the Fulton circuit court, except that only the circuit court has
juvenile jurisdiction.
Sec. 5. The Fulton superior court has a standard small claims
and misdemeanor division.
Chapter 26. Gibson County
Sec. 1. Gibson County constitutes the sixty-sixth judicial circuit.
Sec. 2. (a) There is established a court of record to be known as
the Gibson superior court.
(b) The Gibson superior court is a standard superior court as
described in IC 33-29-1.
(c) Gibson County comprises the judicial district of the court.
Sec. 3. The Gibson superior court has one (1) judge who shall
hold sessions in:
(1) the Gibson County courthouse in Princeton; or
(2) other places in the county as the board of county
commissioners of Gibson County may provide.
Sec. 4. The Gibson superior court has the same jurisdiction as
the Gibson circuit court, except that only the circuit court has
juvenile and probate jurisdiction.
Sec. 5. The Gibson superior court has a standard small claims
and misdemeanor division.
public.
Sec. 8. The judge of Grant superior court No. 2 shall, during the
last term beginning in each calendar year, appoint for the next
calendar year two (2) persons, one (1) of whom must be a resident
of the city in which terms of the court are held, as jury
commissioners. The persons must be freeholders and voters of
Grant County, be from different political parties, and have good
character for intelligence, morality, and integrity. The persons
must take an oath or affirmation in open court, to be entered of
record in the order book of the court, in the following form:
"You do solemnly swear (or affirm) that you will honestly,
and without favor or prejudice, perform the duties of jury
commissioners during your term of office, that, in selecting
persons to be drawn as jurors, you will select none but
persons whom you believe to be of good repute for integrity
and honesty, that you will select (none of whom you have been
or may be requested to select), and that, in all of your
selections, you will endeavor to promote only the impartial
administration of justice.".
The court shall instruct the jury commissioners concerning their
duties.
Sec. 9. Laws governing the powers, duties, and procedure of
jury commissioners in circuit courts, and the duties of the clerk of
the court pertaining to the drawing and recording of names of
prospective petit jurors, govern the jury commissioners appointed
and the selection of petit jurors in the Grant superior court No. 2.
Chapter 27.3. Grant County Superior Court No. 3
Sec. 1. IC 33-29-1 does not apply to this chapter.
Sec. 2. (a) There is established a court of record to be known as
the Grant superior court No. 3 (referred to as "the court" in this
chapter).
(b) The court may have a seal containing the words "Grant
Superior Court No. 3, Grant County, Indiana".
(c) Grant County comprises the judicial district of the court.
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) admitted to the practice of law in Indiana.
Sec. 4. The court has the same jurisdiction as the Grant circuit
court.
Sec. 5. The judge of the court:
(1) has the same powers relating to the conduct of the business
of the court as the judges of the Grant circuit court, Grant
superior court, and Grant superior court No. 2; and
(2) may administer oaths, solemnize marriages, and take and
certify acknowledgments of deeds.
Sec. 6. (a) The judge of the court shall appoint a bailiff and an
official court reporter for the court.
(b) The salaries of the bailiff and the official court reporter shall
be:
(1) fixed in the same manner as the salaries of the bailiff and
official court reporter for the Grant circuit court, Grant
superior court, and Grant superior court No. 2; and
(2) paid monthly out of the treasury of Grant County as
provided by law.
Sec. 7. The clerk of the court, under the direction of the judge of
the court, shall provide:
(1) order books;
(2) judgment dockets;
(3) execution dockets;
(4) fee books; and
(5) other books for the court;
that shall be kept separately from the books and papers of other
courts.
Sec. 8. (a) The court shall hold its sessions in:
(1) the Grant County courthouse in Marion; or
(2) other places in the county that the Grant County executive
provides.
(b) The Grant County executive shall provide and maintain a
suitable courtroom and other rooms and facilities, including
furniture and equipment, as may be necessary.
(c) The Grant County fiscal body shall appropriate sufficient
funds for the provision and maintenance of the rooms and
facilities.
Sec. 9. (a) Each year the judge of the court shall appoint two (2)
individuals who reside in Grant County to serve as jury
commissioners for the court.
(b) Juries for the court shall be selected in the same manner as
juries for the Grant circuit court.
(c) The grand jury selected for the Grant circuit court shall also
serve as the grand jury for the court as may be necessary.
Sec. 10. (a) The judge of the Grant circuit court, Grant superior
court, or Grant superior court No. 2 may, with the consent of the
judge of the court, transfer any action or proceeding from the
Grant circuit court, Grant superior court, or Grant superior court
No. 2 to the court.
(b) The judge of the court may, with the consent of the judge of
the Grant circuit court, Grant superior court, or Grant superior
court No. 2, transfer any action or proceeding from the court to the
Grant circuit court, Grant superior court, or Grant superior court
No. 2.
Sec. 11. (a) The judge of the Grant circuit court, Grant superior
court, or Grant superior court No. 2 may, with the consent of the
judge of the court, sit as judge of the court in any matter as if an
elected judge of the court.
(b) The judge of the court may, with the consent of the judge of
the Grant circuit court, Grant superior court, or Grant superior
court No. 2, sit as a judge of the Grant circuit court, Grant
superior court, or Grant superior court No. 2 in any matter as if an
elected judge of the Grant circuit court, Grant superior court, or
Grant superior court No. 2.
Sec. 12. (a) The court has a standard small claims and
misdemeanor division.
(b) Notwithstanding IC 33-29-2-3, the small claims docket has
jurisdiction over the following:
(1) Civil actions in which the amount sought or value of the
property sought to be recovered is not more than six thousand
dollars ($6,000). The plaintiff in a statement of claim or the
defendant in a counterclaim may waive the excess of any
claim that exceeds six thousand dollars ($6,000) in order to
bring the claim within the jurisdiction of the small claims
docket.
(2) Possessory actions between landlord and tenant in which
the rent due at the time the action is filed does not exceed six
thousand dollars ($6,000).
(3) Emergency possessory actions between a landlord and
tenant under IC 32-31-6.
Chapter 28. Greene County
Sec. 1. Greene County constitutes the sixty-third judicial circuit.
Sec. 2. (a) There is established a court of record to be known as
the Greene superior court.
(b) The Greene superior court is a standard superior court as
described in IC 33-29-1.
(c) Greene County comprises the judicial district of the court.
Sec. 3. The Greene superior court has one (1) judge who shall
hold sessions in:
(1) the Greene County courthouse in Bloomfield; or
(2) other places in the county as the Greene County executive
may provide.
Sec. 4. The Greene superior court has the same jurisdiction as
the Greene circuit court.
Sec. 5. The Greene superior court has a standard small claims
and misdemeanor division.
Chapter 29. Hamilton County
Sec. 1. Hamilton County constitutes the twenty-fourth judicial
circuit.
Sec. 2. (a) There are established five (5) superior courts of
record to be known as the Hamilton superior court No. 1, the
Hamilton superior court No. 2, the Hamilton superior court No. 3,
the Hamilton superior court No. 4, and the Hamilton superior
court No. 5.
(b) Except as otherwise provided in this chapter, each Hamilton
superior court is a standard superior court as described in
IC 33-29-1.
(c) Hamilton County constitutes the judicial district of each
court.
Sec. 3. Each Hamilton superior court has one (1) judge who
shall hold sessions in:
(1) the Hamilton County courthouse in Noblesville; or
(2) another convenient and suitable place provided by the
board of county commissioners.
Sec. 4. In addition to the personnel that may be appointed under
IC 33-29-1-5, the judge of each Hamilton superior court may
appoint other personnel necessary to facilitate and transact the
business of the court. The other necessary personnel shall serve at
the pleasure of the court, and the judge shall fix their compensation
within the limits and in the manner provided by law concerning
other personnel of the court. The compensation shall be paid
monthly out of the treasury of Hamilton County in the manner
provided by law.
Sec. 5. (a) The clerk of the Hamilton circuit court shall serve the
Hamilton superior courts and shall be governed in all respects as
provided by law.
(b) Jurors need not serve in the particular order in which they
are drawn by the jury commissioners.
(c) Any judge of the Hamilton circuit or superior court may
order the selection and summoning of other jurors for the circuit
or superior court whenever necessary. Jurors shall serve all the
Hamilton circuit and superior courts and shall serve any judge of
the courts where juror service may be required.
Sec. 6. The judges of the Hamilton superior court may jointly
appoint one (1) full-time magistrate under IC 33-23-5. The
magistrate continues in office until removed by the judges of the
superior court.
Sec. 7. Each Hamilton superior court has concurrent
jurisdiction, both original and appellate, with the Hamilton circuit
court in all civil actions and proceedings at law and in equity, in all
juvenile matters, and in all criminal and probate matters, actions,
and proceedings of which the Hamilton circuit court has
jurisdiction.
Sec. 8. The Hamilton superior court No. 4 and the Hamilton
superior court No. 5 have a standard small claims and
misdemeanor division.
Chapter 30. Hancock County
Sec. 1. Hancock County constitutes the eighteenth judicial
circuit.
Sec. 2. (a) There are established two (2) superior courts of
record to be known as the Hancock superior court No. 1 and the
Hancock superior court No. 2.
(b) Except as otherwise provided in this chapter, each Hancock
superior court is a standard superior court as described in
IC 33-29-1.
(c) Hancock county comprises the judicial district of each court.
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.
Sec. 4. Hancock superior court No. 1 and Hancock superior
court No. 2 shall each hold sessions in the Hancock County
courthouse in Greenfield.
Sec. 5. In addition to the powers described in IC 33-29-1-4, the
judges of Hancock superior court No. 1 and Hancock superior
court No. 2 may make and adopt rules and regulations for
conducting the business of Hancock superior court No. 1 and
Hancock superior court No. 2 and have all the powers incident to
a court of record in relation to the attendance of witnesses,
punishment of contempt, and the enforcement of the courts'
orders. The judge of each superior court may make and execute
certificates of qualification and moral character of persons
petitioning to be commissioned as notaries public.
Sec. 6. Notwithstanding the provisions of any statute applying
generally to superior or circuit courts, a judge of the:
(1) Hancock circuit court;
(2) Hancock superior court No. 1; or
(3) Hancock superior court No. 2;
may transfer an action or proceeding from the Hancock circuit
court or a Hancock superior court to the Hancock circuit court or
another Hancock superior court with the consent of the judge of
the court that would receive the action or proceeding.
Sec. 7. (a) Change of venue from the judge or from the county
may be had under the same terms, conditions, and procedure
applicable to changes of venue from the judge or the county in
circuit courts.
(b) If a cause is received by the clerk of the Hancock circuit
court on change of venue from another county, the cause may be
docketed in either the Hancock circuit court, Hancock superior
court No. 1, or Hancock superior court No. 2, under rules adopted
by the judges of the Hancock circuit court, Hancock superior court
No. 1, and Hancock superior court No. 2, unless otherwise provided
in the order, report of striking, or entry made in the cause in the
county from which the change of venue was taken, in which case it
shall be docketed as provided in the entry, report, or order.
Sec. 8. Each superior court shall, during each calendar year,
appoint for the next calendar year two (2) persons who are
residents of Hancock County as jury commissioners. The law
concerning jury commissioners appointed by the circuit court
govern the jury commissioners as appointed by each superior court
in all things, conditions, and qualifications. The jury
commissioners shall prepare and draw the petit jury for each
superior court as the law directs the same to be done by the jury
commissioners for the circuit court. Each superior court is
governed by the law in the making of appointments of the jury
commissioners, and the clerk in issuing process for the jury and the
sheriff in serving the process is governed by the law made for petit
jurors in the circuit court. Each superior court may order on what
day of the term the jurors are summoned to attend court and the
judge of each court may order the selection and summoning of
other jurors for the court whenever it is necessary.
Sec. 9. Hancock superior court No. 1 and Hancock superior
court No. 2 have the same jurisdiction as the Hancock circuit court.
Sec. 10. Hancock superior court No. 2 has a standard small
claims and misdemeanor division.
Chapter 31. Harrison County
Sec. 1. Harrison County constitutes the third judicial circuit.
Sec. 2. (a) There is established a court of record to be known as
the Harrison superior court.
(b) The Harrison superior court is a standard superior court as
described in IC 33-29-1.
(c) Harrison County comprises the judicial district of the court.
Sec. 3. The Harrison superior court has one (1) judge who shall
hold sessions in:
(1) the Harrison County courthouse in Corydon; or
(2) other places in the county as the Harrison County
executive may provide.
Sec. 4. The Harrison superior court has the same jurisdiction as
the Harrison circuit court.
Sec. 5. The Harrison superior court has a standard small claims
and misdemeanor division.
Chapter 32. Hendricks County
Sec. 1. Hendricks County constitutes the fifty-fifth judicial
circuit.
Sec. 2. (a) There are established three (3) superior courts of
record to be known as Hendricks superior court No. 1, Hendricks
superior court No. 2, and Hendricks superior court No. 3.
(b) Except as otherwise provided in this chapter, each Hendricks
superior court is a standard superior court as described in
IC 33-29-1.
(c) Hendricks County comprises the judicial district of each
court.
Sec. 3. Each Hendricks superior court has one (1) judge who
shall hold sessions in the Hendricks County courthouse in Danville.
Sec. 4. Notwithstanding IC 33-29-1-9, an action, a cause, a case,
a proceeding, or other matter filed in the Hendricks circuit court
or a Hendricks superior court established by this chapter may be
transferred by the court in which it is filed to either of the other
courts by transferring all original papers filed with the consent of
the court to which it is transferred.
Sec. 5. (a) Change of venue from the judge or from the county
may be had under the same terms, conditions, and procedure
applicable to changes of venue from the judge or the county in
circuit courts.
(b) If a cause is received by the clerk of the Hendricks circuit
court on change of venue from another county, the cause shall be
docketed on a rotating basis and assigned alternately to the
Hendricks circuit court, Hendricks superior court No. 1, Hendricks
superior court No. 2, and Hendricks superior court No. 3 unless
otherwise provided in the order or entry made in such cause in the
county from which such change of venue was taken, in which case
it shall be docketed as provided in the entry or order.
Sec. 6. In addition to the powers described in IC 33-29-1-4, the
judge of each Hendricks superior court may make and adopt rules
and regulations for continuing business of the court. Each judge
has the powers incident to a court of record in relation to the
attendance of witnesses and punishment for contempt and the
power to enforce the judge's orders. Each judge may make and
execute certificates of qualification and moral character of persons
petitioning to be commissioned as notaries public.
Sec. 7. Notwithstanding IC 33-29-1-8, the judge of each
Hendricks superior court may order the selection and summoning
of other jurors for the judge's court when necessary. If at any time
a jury shall for any reason be not drawn, then the clerk shall select
from among the properly qualified residents of Hendricks County
a jury, who shall be summoned and considered in all things as the
regular panel of the court.
Sec. 8. (a) Each Hendricks superior court has original and
concurrent jurisdiction with the Hendricks circuit court in all civil
actions and proceedings at law and in equity, and actions for
dissolution or annulment of marriage, and in all criminal cases and
proceedings. However, none of the Hendricks superior courts have
the jurisdiction of a juvenile court.
(b) Each Hendricks superior court has original and concurrent
jurisdiction with the Hendricks circuit court in all appeals or
reviews from boards of county commissioners or other executive
or administrative agencies and all other appellate jurisdiction
vested in the circuit court.
Sec. 9. Each Hendricks superior court has a standard small
claims and misdemeanor division.
Chapter 33. Henry County
of whom holds office for six (6) years and until the judge's
successor is elected and qualified.
Sec. 4. The judge for this court shall be elected every six (6)
years at the general election. The term of office begins the first day
of January following the judge's election, and continues for six (6)
years and until the judge's successor is elected and qualified.
Sec. 5. The Howard superior court shall have a seal consisting
of a circular disk containing the words "Howard Superior Court,"
an impression of which shall be spread of record upon the order
book of the court.
Sec. 6. (a) The Howard superior court shall hold its sessions in:
(1) the Howard County courthouse in Kokomo; or
(2) another convenient and suitable place as the board of
county commissioners of Howard County provides.
(b) The board of county commissioners shall provide and
maintain a suitable and convenient courtroom for the holding of
the court, with a suitable and convenient jury room and offices for
the judge and the official court reporter, and the county council
shall meet and appropriate all necessary funds.
Sec. 7. The judges of the superior court:
(1) may make and adopt rules and regulations for conducting
the business of the court;
(2) has all the powers in relation to the attendance of
witnesses, the punishment of contempts, and the enforcement
of its orders; and
(3) may administer oaths, solemnize marriages, take and
certify acknowledgement of deeds, and give all necessary
certificates for the authentication of the records and
proceedings in the court.
Sec. 8. The judges of the superior court have the same power to
grant restraining orders and injunctions, to issue writs of habeas
corpus and of mandate and prohibition, to appoint receivers,
masters and commissioners to convey real property, to grant
commissions for the examination of witnesses, and to appoint other
officers necessary to facilitate and transact the business of the
court as is conferred on circuit courts.
Sec. 9. The clerk, under the direction of the judge, shall provide
order books, judgment dockets, execution dockets, fee books, and
such other books, papers, and records as are necessary for the
court, and all books, papers, and proceedings of the court shall be
kept distinct and separate from those of other courts.
Sec. 10. Each judge shall appoint a bailiff and court reporter
whose duties, salary, and term shall be regulated in the same
manner as is provided for the circuit court.
Sec. 11. Before the commencement of any term of the court, the
clerk of the court and jury commissioners appointed by the judge
of the circuit court of the county shall select a petit jury to serve at
the next term of court. The officers in selecting, the clerk in issuing
process for the jury, and the sheriff in serving the process are
governed by the rules and regulations prescribed for the selection
of petit jurors in the circuit court. The court may order on what
day of the term the jurors are summoned to attend the court. The
judge of the court may order the selecting and summoning of other
jurors for the court whenever it is necessary.
Sec. 12. Each judge may appoint additional officers and
personnel as is necessary for the proper administration of the
judge's duties as judge of the court.
Sec. 13. (a) The court shall adopt rules to provide for the
operation and conduct of the court.
(b) The court shall designate one (1) of the judges as presiding
judge who shall serve in that capacity for three (3) years, at the end
of which another judge shall be selected to serve as presiding judge
for the same period. The presiding judge shall ensure that the court
operates efficiently and judicially.
Sec. 14. When any action of the entire court is required, the
judges of the court shall act in concert. If there is a disagreement,
the decision of the presiding judge controls.
Sec. 15. The judge of the circuit court may, with the consent of
this court, transfer any action, cause, or proceeding filed and
docketed in the circuit court to this court by transferring all
original papers and instruments filed in the action, cause, or
proceeding without further transcript to be redocketed and
disposed of as if originally filed with this court.
Sec. 16. Any judge of this court may, with the consent of the
judge of the circuit court transfer any action, cause, or proceeding
filed and docketed in this court to the circuit court by transferring
all original papers and instruments filed in such action, cause, or
proceeding without further transcript to be redocketed and
disposed of as if originally filed with this court.
Sec. 17. The judge of the Howard circuit court may, with the
court's permission, sit and act as a judge of this court in all matters
pending before this court, without limitation and without any
further order, in the same manner and stead as if the judge were
a judge of this court, with all the rights and powers as if the judge
were an elected judge of this court, including the right to act as
presiding judge and otherwise participate in the organization and
administration of this court.
Sec. 18. (a) The Howard superior court has original and
concurrent jurisdiction with the circuit court in all civil actions and
proceedings at law and in equity, probate and guardianship
proceedings, actions for divorce, separation, annulment of
marriage, and in all criminal cases and proceedings. However, the
superior court does not have the jurisdiction of a juvenile court or
judge, as described in IC 33-23-7.
(b) The Howard superior court has original and concurrent
jurisdiction in all appeals or reviews from boards of county
commissioners, other executive or administrative agencies or
inferior courts, and all other appellate jurisdictions vested in the
circuit court.
Chapter 34.3. Howard County Superior Court No. 3
Sec. 1. (a) There is established a court of record to be known as
the Howard superior court No. 3.
(b) Except as otherwise provided in this chapter, the Howard
superior court No. 3 is a standard superior court as described in
IC 33-29-1.
(c) Howard County comprises the judicial district of the court.
Sec. 2. The court has one (1) judge who shall hold sessions in:
(1) the Howard County courthouse in Kokomo; or
(2) other places in the county that the Howard County
executive provides.
Sec. 3. The judge of the Howard superior court No. 3:
(1) has the same powers relating to the conduct of the business
of the court as the judges of the Howard circuit court,
Howard superior court, and Howard superior court No. 2;
and
(2) may administer oaths, solemnize marriages, and take and
certify acknowledgments of deeds.
Sec. 4. (a) The judge of the Howard circuit court, Howard
superior court, or Howard superior court No. 2 may, with the
consent of the judge of the court, transfer any action or proceeding
from the Howard circuit court, Howard superior court, or Howard
superior court No. 2 to the court.
(b) The judge of the court may, with the consent of the judge of
the Howard circuit court, Howard superior court, or Howard
superior court No. 2, transfer any action or proceeding from the
court to the Howard circuit court, Howard superior court, or
Howard superior court No. 2.
Sec. 5. (a) The judge of the Howard circuit court, Howard
superior court, or Howard superior court No. 2 may, with the
consent of the judge of the court, sit as judge of the court in any
matter as if an elected judge of the court.
(b) The judge of the court may, with the consent of the judge of
the Howard circuit court, Howard superior court, or Howard
superior court No. 2, sit as a judge of the Howard circuit court,
Howard superior court, or Howard superior court No. 2 in any
matter as if an elected judge of the Howard circuit court, Howard
superior court, or Howard superior court No. 2.
Sec. 6. The Howard superior court No. 3 has the same
jurisdiction as the Howard circuit court.
Sec. 7. The Howard superior court No. 3 has a standard small
claims and misdemeanor division.
Chapter 35. Huntington County
Sec. 1. Huntington County constitutes the fifty-sixth judicial
circuit.
Sec. 2. (a) There is established a court of record to be known as
the Huntington superior court.
(b) Except as otherwise provided in this chapter, the Huntington
superior court is a standard superior court as described in
IC 33-29-1.
(c) Huntington County comprises the judicial district of the
court.
Sec. 3. The Huntington superior court has one (1) judge who
shall hold sessions in:
(1) the Huntington County courthouse in Huntington; or
(2) other places in the county as the Huntington County
executive may provide.
Sec. 4. (a) In addition to the personnel appointed under
IC 33-29-1-5, the Huntington superior court may appoint a referee
and other personnel as the court determines necessary to facilitate
and transact the business of the court.
(b) Salaries of the personnel described in this section shall be
fixed in the same manner as the salaries of the bailiff and official
court reporter for the Huntington circuit court. Their salaries shall
be paid out of the treasury of Huntington County as provided by
law.
Sec. 5. The Huntington superior court has the same jurisdiction
as the Huntington circuit court, except that only the circuit court
has juvenile jurisdiction.
fifth judicial circuit.
Sec. 2. (a) There is established a court of record to be known as
the Jefferson superior court.
(b) The Jefferson superior court is a standard superior court as
described in IC 33-29-1.
(c) Jefferson County comprises the judicial district of the court.
Sec. 3. The Jefferson superior court has one (1) judge who shall
hold sessions in Madison.
Sec. 4. The Jefferson superior court is a court of general
jurisdiction.
Sec. 5. The Jefferson superior court has a standard small claims
and misdemeanor division.
Chapter 40. Jennings County
Sec. 1. (a) Jennings County constitutes the eighty-sixth judicial
circuit.
(b) The Jennings circuit court has a standard small claims and
misdemeanor division.
Sec. 2. (a) There is established a court of record to be known as
the Jennings superior court.
(b) The Jennings superior court is a standard superior court as
described in IC 33-29-1.
(c) Jennings County comprises the judicial district of the court.
Sec. 3. The Jennings superior court has one (1) judge who shall
hold sessions in:
(1) the Jennings County courthouse in Vernon; or
(2) another place in the county as the Jennings County
executive may provide.
Sec. 4. The Jennings superior court has the same jurisdiction as
the Jennings circuit court.
Sec. 5. The Jennings superior court has a standard small claims
and misdemeanor division.
Chapter 41. Johnson County
Sec. 1. Johnson County constitutes the eighth judicial circuit.
Sec. 2. (a) The judges of the Johnson circuit and superior courts
may jointly appoint one (1) full-time magistrate under IC 33-23-5
to serve both the circuit and superior courts.
(b) The magistrate continues in office until removed by the
judges of the Johnson circuit and superior courts.
Sec. 3. (a) There are established three (3) courts of record to be
known as the Johnson superior court No. 1, Johnson superior court
No. 2, and Johnson superior court No. 3.
(b) Except as otherwise provided in this chapter, each Johnson
superior court is a standard superior court as described in
IC 33-29-1.
(c) Johnson County comprises the judicial district of each court.
Sec. 4. (a) The Johnson superior court No. 1 and Johnson
superior court No. 2 each have one (1) judge who shall hold
sessions in the Johnson County courthouse in Franklin.
(b) The Johnson superior court No. 3 has one (1) judge who
shall hold sessions in a place to be determined and provided by the
board of county commissioners of Johnson County.
Sec. 5. The judge of a Johnson superior court may, with the
consent of the judge of another Johnson superior court, transfer
any action or proceeding from the superior court to the other
superior court.
Sec. 6. The judge of a Johnson superior court may, with the
consent of the judge of another Johnson superior court, sit as the
judge of the other superior court in any matter as if the judge of
the superior court were an elected judge of the other superior
court.
Sec. 7. Each Johnson superior court has concurrent jurisdiction,
both original and appellate, with the Johnson circuit court in all
civil actions and proceedings at law and in equity, and in all
criminal and probate matters, actions, and proceedings of which
the Johnson circuit court has jurisdiction.
Sec. 8. The Johnson superior court has a standard small claims
and misdemeanor division.
Chapter 42. Knox County
Sec. 1. Knox County constitutes the twelfth judicial circuit.
Sec. 2. (a) There are established two (2) courts of record to be
known as Knox superior court No. 1 and Knox superior court No.
2.
(b) Except as otherwise provided in this chapter, each Knox
superior court is a standard superior court as described in
IC 33-29-1.
(c) Knox County constitutes the judicial district of the court.
Sec. 3. Each Knox superior court has one (1) judge who shall
hold sessions:
(1) in the Knox County courthouse in Vincennes; or
(2) at other places in the county as the county executive may
provide.
Sec. 4. The judge of the Knox circuit court may, with the
consent of the judge of a superior court, transfer any action or
proceeding from the circuit court to the superior court. The judge
of a superior court may, with the consent of the judge of the circuit
or other superior court, transfer any action or proceeding from
that superior court to the circuit or other superior court.
Sec. 5. The judge of a superior court may, with the consent of
the judge of the circuit or other superior court, sit as a judge of the
circuit or other superior court in any matter as if the judge of the
superior court was an elected judge of the circuit or other superior
court.
Sec. 6. (a) Except as provided in subsection (b), the Knox
superior courts have the same jurisdiction as the Knox circuit
court.
(b) The Knox superior courts have exclusive juvenile
jurisdiction.
Sec. 7. Each Knox superior court has a standard small claims
and misdemeanor division.
Chapter 43. Kosciusko County
Sec. 1. Kosciusko County constitutes the fifty-fourth judicial
circuit.
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.
Sec. 3. (a) IC 33-29-1-3 does not apply to this section.
(b) A judge of the superior court of Kosciusko county shall hold
office for a term of six (6) years, beginning on the first day of
January after election, and until a successor is elected and
qualified. Every six (6) years, the voters of Kosciusko County shall
elect at the general election judges for the superior court.
Sec. 4. The superior court of Kosciusko County shall hold its
sessions:
(1) in the Kosciusko County courthouse in Warsaw; or
(2) at another place in Warsaw as the board of county
commissioners may provide.
Sec. 5. Notwithstanding IC 33-29-1-8, the judges of the superior
court of Kosciusko County may order on what day of the term the
jurors are summoned to attend the superior court and may order
the selecting and summoning of other jurors for the superior court
whenever necessary.
Sec. 6. The superior court of Kosciusko County has the same
jurisdiction as the circuit court.
Sec. 7. Superior court No. 2 of Kosciusko County and superior
court No. 3 of Kosciusko County each have a standard small claims
and misdemeanor docket.
Chapter 44. LaGrange County
Sec. 1. LaGrange County constitutes the thirty-fifth judicial
circuit.
Sec. 2. (a) There is established a court of record to be known as
the LaGrange superior court.
(b) The LaGrange superior court is a standard superior court
as described in IC 33-29-1.
(c) LaGrange County comprises the judicial district of the court.
Sec. 3. The court has one (1) judge who shall hold sessions in:
(1) the LaGrange County courthouse in the city of LaGrange;
or
(2) other places in the county as the LaGrange County
executive may provide.
Sec. 4. The LaGrange superior court has the same jurisdiction
as the LaGrange circuit court.
Sec. 5. The LaGrange superior court has a standard small
claims and misdemeanor division.
Chapter 45. Lake County
Sec. 1. IC 33-29-1 does not apply to this chapter.
Sec. 2. (a) Lake County constitutes the thirty-first judicial
circuit.
(b) The judge of the Lake circuit court may appoint two (2)
full-time magistrates under IC 33-23-5 to serve the Lake circuit
court. One (1) of the magistrates shall serve the domestic relations
counseling bureau established under IC 31-12-2. The judge shall
specify the duties of a magistrate appointed under this subsection.
A magistrate continues in office until removed by the judge of the
circuit court.
Sec. 3. There is established a superior court in Lake County
(referred to as "the court" in this chapter).
Sec. 4. The court shall be known as the superior court of Lake
County.
Sec. 5. The court shall have a seal consisting of a circular disk
containing the words "superior court of Lake County, Indiana"
and "seal" and a design as the court may determine, an impression
of which shall be spread of record upon the order book of the
court.
Sec. 6. (a) The court has:
(1) the same jurisdiction as the Lake circuit court in all civil
and probate cases and matters whether original or appellate;
(2) original exclusive jurisdiction of all felony cases;
(3) original concurrent jurisdiction of all misdemeanor cases,
infraction cases, and ordinance violation cases;
(4) appellate jurisdiction in criminal cases as is vested in the
circuit court; and
(5) original exclusive juvenile jurisdiction.
(b) Notwithstanding IC 31-30-1-2, the juvenile court has
exclusive jurisdiction over a child who:
(1) has been taken into custody in the county; and
(2) has allegedly committed an act that would be a
misdemeanor traffic offense if committed by an adult.
Sec. 7. (a) The court is a court of record.
(b) The court's judgments, decrees, orders, and proceedings:
(1) have the same force and effect; and
(2) shall be enforced in the same manner;
as those of the Lake circuit court.
Sec. 8. (a) The court:
(1) may make and adopt rules and regulations for conducting
the business of the court; and
(2) has all the powers incident to a court of record in relation
to the attendance of witnesses, the punishment of contempts,
and the enforcement of its orders.
(b) The judges may administer oaths, solemnize marriages, take
and certify acknowledgments of deeds and all legal instruments,
and give all necessary certificates for the authentication of the
records and proceedings in the court.
Sec. 9. The court has the same power to grant restraining orders
and injunctions, to issue writs of habeas corpus, to appoint
receivers, masters, and commissioners to convey real property, and
to grant commissions for the examination of witnesses, and to
appoint other officers necessary to facilitate and transact the
business of the court as is conferred on circuit courts or the judges
of the circuit courts in counties where there is no criminal court.
Sec. 10. (a) The judges of the criminal division may appoint two
(2) full-time magistrates under IC 33-23-5 to serve the criminal
division. A magistrate appointed under this subsection continues
in office until removed by the judges of the criminal division.
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.
Sec. 13. The court shall hold continuous sessions in places in
Lake County as the court periodically determines. The board of
county commissioners of Lake County shall:
(1) provide and maintain:
(A) suitable and convenient courtrooms for the holding of
the court, together with suitable and convenient jury
rooms and offices for the judges and other court officers
and personnel; and
(B) other facilities as may be necessary; and
(2) provide all necessary furniture and equipment for rooms
and offices of the court.
Sec. 14. The clerk of the Lake circuit court, under the direction
of the court, shall provide order books, judgment dockets,
execution dockets, fee books, and other books, papers, and records
that are necessary for the court, and all books, papers, and
proceedings of the court shall be kept distinct and separate from
those of other courts.
Sec. 15. The court shall maintain an order book at each location
of the court and the order books may be signed on behalf of the
court by any of the judges of the court, and the signature
constitutes authentication of the actions of each of the judges in the
court.
Sec. 16. All Indiana laws and rules adopted by the supreme
court governing the circuit courts apply to the superior court.
However:
(1) a person other than a judge of the superior court of Lake
County may not serve as a special judge when a change of
judge is requested from the superior court of Lake County;
necessary for the efficient operation of the court. The court by rule
shall establish a rotation schedule providing for the rotation of
judges through the various divisions. The rotation schedule may be
used if a judge determines that an emergency exists. However, a
senior judge of any division or a judge of the county division may
not be reassigned or rotated to another division under this
subsection.
(d) The chief judge of the court may assign a judge in one (1)
division of the court to hear a case originating in another division
of the court, and may reassign cases from one (1) judge to another,
if the chief judge determines that the change is necessary for the
efficient operation of the court.
Sec. 22. The judge of the Lake circuit court may, with the
consent of the court, transfer any action, cause, or proceeding filed
and docketed in the Lake circuit court to the court by transferring
all original papers and instruments filed in the action, cause, or
proceeding and without further transcript, to be redocketed and
disposed of as if originally filed with the court.
Sec. 23. Any judge of the court may, with the consent of the
judge of the Lake circuit court, transfer any civil action, cause or
proceeding filed and docketed in the court to the Lake circuit court
by transferring all original papers and instruments filed in such
action, cause, or proceeding without further transcript thereof to
be redocketed and disposed of as if originally filed with the Lake
circuit court.
Sec. 24. The judge of the Lake circuit court may sit as a judge
of the court, with the court's permission, in the civil division,
without limitation and without any further order, in the same
manner as if the circuit court judge were a judge of the court with
all the rights and powers as if the circuit court judge were a duly
appointed judge of the court.
Sec. 25. (a) Unless the judge is a judge of the county division, at
the general election immediately preceding the expiration of a
judge's extended term the question of that judge's retention in
office or rejection shall be submitted to the electorate of Lake
County under section 42 of this chapter. Thereafter, unless rejected
by the electorate, each judge shall serve successive terms as
provided in section 41(b) of this chapter.
(b) A judge of the county division may serve a successive term
if elected to serve a successive term under section 43 of this
chapter.
Sec. 26. The superior court of Lake County consists of sixteen
(16) judges plus the Lake circuit court judge if the circuit court
judge chooses to sit on the superior court of Lake County.
Sec. 27. (a) There is established a judicial nominating
commission for the superior court of Lake County, the functions,
responsibilities, and procedures of which are set forth in sections
28 through 37 of this chapter.
(b) The board of county commissioners of Lake County shall
provide all facilities, equipment, supplies, and services as may be
necessary for the administration of the duties imposed upon the
commission. The members of the commission shall serve without
compensation. However, the board of county commissioners of
Lake County shall reimburse members of the commission for
actual expenses incurred in performing their duties.
Sec. 28. (a) The judicial nominating commission (referred to in
this chapter as the commission) consists of nine (9) members, the
majority of whom form a quorum. The chief justice of the supreme
court (or a justice of the supreme court or judge of the court of
appeals designated by the chief justice) shall be a member and shall
act as chairman.
(b) Under sections 30 and 31 of this chapter, those admitted to
the practice of law and residing in Lake County shall elect four (4)
of their members to serve on the commission, subject to the
following:
(1) At least one (1) attorney member must be a minority
individual (as defined in IC 20-12-21.7-4).
(2) Two (2) attorney members must be women.
(3) Two (2) attorney members must be men.
(c) The Lake County board of commissioners shall appoint four
(4) nonattorney citizens to the commission, subject to the following:
(1) Each of the three (3) county commissioners shall appoint
one (1) nonattorney member who is a resident of the
appointing commissioner's district.
(2) After each county commissioner has had the opportunity
to make the county commissioner's appointment, the fourth
nonattorney member must be appointed by a majority vote of
the Lake County board of commissioners.
(3) At least one (1) nonattorney member must be a minority
individual (as defined in IC 20-12-21.7-4).
(4) Two (2) nonattorney members must be women.
(5) Two (2) nonattorney members must be men.
(6) Not more than two (2) of such appointees may be from the
same political party.
supreme court and must be a resident of Lake County. The term of
office of each elected attorney member is four (4) years,
commencing on the first day of October following the attorney
member's election. The election day is the date on which the ballots
are counted and, for purposes of this section, is the first Tuesday
in September 1995, and every four (4) years thereafter. Thereafter,
during the month before the expiration of each attorney
commissioner's term of office, an election shall be held to fill the
succeeding four (4) year term of office.
(b) Except when a term of office has less than ninety (90) days
remaining, vacancies in the office of an attorney commissioner to
the commission shall be filled for the unexpired term of the
member creating the vacancy by a special election.
Sec. 31. The attorney members of the commission shall be
elected by the following process:
(1) The clerk of the Lake circuit court shall, at least ninety
(90) days before the date of election, notify all attorneys in
Lake County of the upcoming election by mail, informing
them that nominations must be made to the clerk of the circuit
court at least sixty (60) days before the election. The clerk
shall secure a list of all attorneys and their correct addresses
from the clerk of the supreme court.
(2) A nomination in writing, accompanied by a signed petition
of ten (10) attorney electors, and the written consent of the
qualified nominee shall be filed by any attorney elector or
group of attorney electors residing in Lake County, by mail or
otherwise, in the office of the clerk of the Lake circuit court at
least sixty (60) days before the election.
(3) The clerk of the Lake circuit court shall prepare and print
ballots containing the names and residential addresses of all
attorney nominees whose written nominations, petitions, and
written statements of consent have been received sixty (60)
days before the election.
(A) The ballot shall read:
each member of the commission at least five (5) days written notice
by mail of the date, time, and place of every meeting unless the
commission at its previous meeting designated the date, time, and
place of its next meeting.
(c) Meetings of the commission are to be held at the Lake
County government center in Crown Point or another place, as the
circuit court clerk of Lake County may arrange, at the direction of
the chairman of the commission.
(d) The commission may act only at a public meeting.
IC 5-14-1.5 applies to meetings of the commission. The commission
may not meet in executive session under IC 5-14-1.5-6.1 for the
consideration of a candidate for judicial appointment.
(e) The commission may act only by the concurrence of a
majority of its members attending a meeting. Five (5) members
constitute a quorum at a meeting.
(f) The commission may adopt reasonable and proper rules and
regulations for the conduct of its proceedings and the discharge of
its duties. These rules must provide for the receipt of public
testimony concerning the qualifications of candidates for
nomination to the governor.
Sec. 35. In selecting the three (3) nominees to be submitted to
the governor, the commission shall comply with the following
requirements:
(1) The commission shall submit only the names of the three
(3) most highly qualified candidates from among all those
eligible individuals considered. To be eligible for nomination
as a judge of the superior court of Lake County, a person
must be domiciled in the county of Lake, a citizen of the
United States, and admitted to the practice of law in Indiana.
(2) In abiding by the mandate in subdivision (1), the
commission shall evaluate in writing each eligible individual
on the following factors:
(A) Law school record, including any academic honors and
achievements.
(B) Contribution to scholarly journals and publications,
legislative drafting, and legal briefs.
(C) Activities in public service, including:
(i) writings and speeches concerning public or civic
affairs that are on public record, including but not
limited to campaign speeches or writings, letters to
newspapers, and testimony before public agencies;
(ii) government service;
appointment.
Sec. 37. (a) After the commission has nominated and submitted
to the governor the names of three (3) persons for appointment to
fill a vacancy of the superior court of Lake County:
(1) any name may be withdrawn for cause considered by the
commission to be of a substantial nature affecting the
nominee's qualifications to hold office; and
(2) another name may be substituted;
before the appointment is made to fill the vacancy.
(b) If a nominee dies or requests in writing that the nominee's
name be withdrawn, the commission shall nominate another
person to replace the nominee.
(c) If two (2) or more vacancies exist, the commission shall
nominate and submit to the governor a list of three (3) different
persons for each of the vacancies. The commission may, before an
appointment is made, withdraw the lists of nominations, change the
names of any persons nominated from one (1) list to another, and
resubmit them as changed, or may substitute a new name for any
of those previously nominated.
Sec. 38. (a) A vacancy occurring on the court shall be filled by
appointment of the governor from a list of three (3) nominees
presented to the governor by the judicial nominating commission.
If the governor fails to make an appointment from the list within
sixty (60) days after the day it is presented to the governor, the
appointment shall be made by the chief justice or the acting chief
justice of the supreme court from the same list, or altered list as
provided for in section 37 of this chapter.
(b) The governor shall make all appointments to the court
without regard to the political affiliation of any of the three (3)
nominees submitted to the governor. In the interest of justice, the
governor shall consider only those qualifications of the nominees
included in section 35 of this chapter.
Sec. 39. A vacancy occurring on the superior court county
division must be filled by appointment of the governor. In the
interests of justice, the governor shall consider only those
qualifications listed in section 35 of this chapter.
Sec. 40. An appointment by the governor or chief justice, as
required by section 38 or 39 of this chapter, to the superior court
of Lake County takes effect immediately if a vacancy exists at the
date of the appointment. The appointment takes effect on the date
the vacancy is created if a vacancy does not exist at the date of
appointment.
Jurors summoned under this subsection shall serve the entire court
and before any judge of the court where their service may be
required.
(d) The contractor operating a license branch under IC 9-16 for
Lake County shall, not later than January 1 of each year, provide
to the jury commissioners of the Lake superior courts a list of all
persons at least eighteen (18) years of age who hold a valid license
issued by the bureau of motor vehicles.
Chapter 46. LaPorte County
Sec. 1. (a) LaPorte County constitutes the thirty-second judicial
circuit.
(b) The judges of the LaPorte circuit court and LaPorte
superior court No. 4 may jointly appoint one (1) full-time
magistrate under IC 33-23-5 to serve the circuit and superior
courts.
(c) The magistrate continues in office until removed by the
judges of the LaPorte circuit court and LaPorte superior court No.
4.
Sec. 2. (a) There are established four (4) courts of record to be
known as the LaPorte superior courts No. 1, No. 2, No. 3, and No.
4.
(b) Except as otherwise provided in this chapter, the LaPorte
superior courts are standard superior courts as described in
IC 33-29-1.
(c) LaPorte County comprises the judicial district of the courts.
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.
Sec. 4. LaPorte superior court No. 1 shall hold its sessions in
Michigan City. LaPorte superior courts No. 2, No. 3, and No. 4
shall hold sessions in places in the county as the LaPorte County
executive may provide.
Sec. 5. (a) The judges of the court may, by a vote of the majority
of the judges, appoint one (1) full-time magistrate under
IC 33-23-5.
personnel necessary for the proper administration of the judge's
duties as judge of the Lawrence superior court.
Sec. 7. Notwithstanding IC 33-29-1-8, the Lawrence superior
court may order the day of the term jurors are summoned to
attend the court. The judge of the Lawrence superior court may
order the selecting and summoning of other jurors when necessary.
Sec. 8. (a) Except as provided in subsection (b), the Lawrence
superior court has original and concurrent jurisdiction with the
Lawrence circuit court in the following:
(1) All civil actions and proceedings at law and in equity.
(2) Actions for divorce, separation, or annulment of marriage.
(3) All criminal cases and proceedings.
(b) The Lawrence superior court does not have the following:
(1) Jurisdiction of a juvenile court.
(2) Jurisdiction in probate and other matters provided for by
IC 29-1. However, the court has concurrent jurisdiction with
the circuit court as to civil actions by or against personal
representatives.
(c) The Lawrence superior court has original and concurrent
jurisdiction in all appeals or reviews from boards of county
commissioners or other executive or administrative agencies or
inferior courts and other appellate jurisdiction vested in the circuit
court.
Sec. 9. The Lawrence superior court has a standard small claims
and misdemeanor division.
Chapter 48. Madison County
Sec. 1. Madison County constitutes the fiftieth judicial circuit.
Sec. 2. (a) There is established a court of record in Madison
County to be known as the Madison superior court.
(b) The Madison superior court has three (3) judges.
(c) Except as otherwise provided in this chapter, the Madison
superior court is a standard superior court as described in
IC 33-29-1.
Sec. 3. (a) IC 33-29-1-3 does not apply to this section.
(b) A judge of the Madison superior court shall hold office for
six (6) years and until the judge's successor has been elected and
qualified.
Sec. 4. The Madison superior court may designate by rule one
(1) of the judges as chief judge and fix the time the chief judge
presides. The chief judge shall be responsible for the operation and
conduct of the court.
Sec. 5. The Madison superior court shall hold its sessions in the
Madison County courthouse or its replacement in Anderson.
Sec. 6. The judges of the Madison superior court may make
rules for conducting the business of the court.
Sec. 7. In addition to the personnel appointed under
IC 33-29-1-5, the Madison superior court may appoint probation
officers and other personnel, including an administrative officer,
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 the 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 appointed shall perform duties as prescribed by the
court. Personnel appointed by the court serve at the pleasure of the
court.
Sec. 8. Notwithstanding IC 33-29-1-8, any judge of the Madison
superior court may order the selection and summoning of jurors
for the court whenever necessary. Jurors shall serve the entire
court and before any judge of the court where their service may be
required.
Sec. 9. (a) The Madison superior court shall provide that all
cases filed in the court be assigned to a particular docket, such as
civil, probate, criminal, juvenile, or small claims. The responsibility
for processing the cases on each of these dockets shall be assigned
to the judges of the court under the rules adopted by the court.
(b) The chief judge may reassign the court dockets from one (1)
judge to another and may alter the number of judges responsible
for the various dockets where efficiency demands.
Chapter 49. Marion County
Sec. 1. IC 33-29-1 does not apply to this chapter.
Sec. 2. Marion County constitutes the nineteenth judicial circuit.
Sec. 3. As used in this chapter, "city-county council" refers to
the Indianapolis, Marion County city-county council.
Sec. 4. As used in this chapter, "clerk" refers to the clerk of the
Marion superior court.
Sec. 5. As used in this chapter, "court" refers to the Marion
superior court.
Sec. 6. (a) There is established a superior court in Marion
County. The court consists of thirty-two (32) judges.
(b) To be qualified to serve as a judge of the court, a person
must be, at the time a declaration of candidacy or a petition of
nomination under IC 3-8-6 is filed:
as clerk and as jury commissioners for the court and shall be
governed in all respects as provided by law.
(b) Jurors do not have to serve in the order in which the jurors
are drawn by the jury commissioners.
(c) Any judge of the court may order the selection and
summoning of other jurors for the court whenever other jurors
may be necessary. Jurors shall serve the entire court and before
any judge of the court where the jurors' services may be required.
Sec. 22. A party may appeal an order or a judgment of the court
in any case where an appeal may be had from a similar order or
judgment of the circuit court.
Sec. 23. The process of the court must have the seal affixed. The
process must be attested, directed, served, returned, and in the
form as provided for process issuing from the circuit court.
Sec. 24. The judge of the Marion circuit court may, with the
consent of the court acting through the superior court presiding
judge under rules adopted by the court, transfer any action, cause,
or proceeding filed and docketed in the circuit court to the court by
transferring all original papers and instruments filed in that
action, cause, or proceeding without further transcript to be
redocketed and disposed of as if originally filed with the court.
Sec. 25. The presiding judge may, with the consent of the judge
of the Marion circuit court and under rules adopted by the court,
transfer any action, cause, or proceeding without further
transcript to be redocketed and disposed of as if originally filed
with the Marion circuit court.
Sec. 26. The judge of the Marion circuit court may sit as a judge
of the court, with the court's permission, in all matters pending
before the court, without limitation and without any further order,
in the same manner as a judge of the court with all the rights and
powers of an elected judge of the court.
Sec. 27. Each judge, before entering upon the duties of office,
shall take and subscribe the following oath or affirmation:
"I solemnly swear (or affirm) that I will support the
Constitution of the United States and the Constitution of the
State of Indiana and that I will faithfully discharge the duties
of judge of the superior court of Marion County to the best of
my ability.".
The oath shall be filed with the clerk of the county.
Sec. 28. The court shall take judicial notice of all matters of
which courts of general jurisdiction of Indiana are required to take
judicial notice. The court shall also take judicial notice of all
general ordinances of each city or municipality located in the
county.
Sec. 29. (a) When an appeal is taken from the court in criminal
cases or proceedings under IC 34-28-5 (or IC 34-4-32 before its
repeal), the amount of costs charged must be certified as a part of
the transcript and charged as part of the costs in the court to which
the appeal or proceeding is taken. The costs are in addition to any
other clerk's service fee required by law.
(b) All costs charged in the court hearing or in the court trying
an appeal must be charged and adjudged upon the hearing or trial
in the appeal against a defendant who is convicted or who pleads
guilty.
(c) In an appeal under this section, the defendant shall pay a
transcript fee of thirty-five dollars ($35) before the appeal may be
transferred from the superior court.
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.
Sec. 31. (a) The presiding judge may appoint one (1) full-time
magistrate under IC 33-23-5.
(b) A magistrate appointed under this section may only hear
criminal proceedings.
(c) The magistrate continues in office until removed by the
presiding judge.
Sec. 32. (a) In addition to the magistrate appointed under
section 31 of this chapter, the judges of the superior court may, by
a vote of a majority of the judges, appoint four (4) full-time
magistrates under IC 33-23-5.
(b) Not more than two (2) of the magistrates appointed under
this section may be of the same political party.
(c) The magistrates continue in office until removed by the vote
of a majority of the judges of the court.
(d) A party to a superior court proceeding that has been
assigned to a magistrate appointed under this section may request
that an elected judge of the superior court preside over the
proceeding instead of the magistrate to whom the proceeding has
been assigned. Upon a request made under this subsection by either
party, the magistrate to whom the proceeding has been assigned
shall transfer the proceeding back to the superior court judge.
Sec. 33. (a) The executive committee elected under section 14 of
this chapter shall employ a court administrator to administer the
business activities of the court. A court administrator is subject to
rules of the court and oversight by the executive committee.
(b) The salary of the court administrator shall be set by the
executive committee but may not be more than eighty percent
(80%) of the salary of a superior court judge.
Sec. 34. (a) The clerk of the superior court shall furnish the
following:
(1) All blanks, forms, and papers required for use in all
criminal cases and in all civil actions involving actions by a
city or town for violations of municipal penal ordinances.
(2) All books, papers, stationery, furniture, and other
equipment and supplies necessary for keeping the records of
the proceedings in all rooms of the superior court and for the
transaction of all business of the court.
(3) Necessary computerization of court records.
(b) The materials required under this section shall be furnished
at the expense of the county.
(c) The presiding judge of the court, by an order entered on the
court records signed by the presiding judge, shall determine and
prescribe the forms of the following:
(1) All summonses, notices, subpoenas, warrants, affidavits,
complaints, writs, and all other papers and anything else
required to be used in the cases relating to violations of
criminal statutes or municipal ordinances.
commissioners of Miami County may provide.
Sec. 4. The Miami superior court has the same jurisdiction as
the Miami circuit court.
Sec. 5. The Miami superior court has a standard small claims
and misdemeanor division.
Chapter 53. Monroe County
Sec. 1. (a) Monroe County constitutes the tenth judicial circuit.
(b) There are seven (7) judges of the Monroe circuit court.
Sec. 2. (a) The Monroe circuit court is a court of general
jurisdiction and shall maintain the following dockets:
(1) Small claims.
(2) Minor offenses and violations.
(3) Criminal.
(4) Juvenile.
(5) Civil.
(6) Probate.
(b) The assignment of judges of the court to the dockets
specified in subsection (a) must be by rule of the court.
Sec. 3. The judges of the Monroe circuit court shall select from
among themselves a presiding judge of the court.
Sec. 4. When any action of the entire court is required, including
selection of a presiding judge under section 3 of this chapter and
adoption of rules under section 6 of this chapter, the judges of the
court shall act in concert. If the judges disagree, the decision of the
majority of the judges controls. If the judges are evenly divided,
the decision joined by the presiding judge controls.
Sec. 5. In accordance with rules adopted by the judges of the
court under section 6 of this chapter, the presiding judge shall do
the following:
(1) Ensure that the court operates efficiently and judicially
under rules adopted by the court.
(2) Annually submit to the fiscal body of Monroe County a
budget for the court, including amounts necessary for:
(A) the operation of the circuit's probation department;
(B) the defense of indigents; and
(C) maintaining an adequate law library.
(3) Make the appointments or selections required of a circuit
or superior court judge under the following statutes:
IC 8-4-21-2
IC 11-12-2-2
IC 16-22-2-4
IC 16-22-2-11
Morgan superior court.
(b) Each judge has all powers incident to a court of record in
relation to the attendance of witnesses and punishment for
contempt and the power to enforce the judge's orders.
(c) Each judge of the court may administer oaths, solemnize
marriages, take and certify acknowledgments of deeds, give all
necessary certificates for the authentication of records and
proceedings of the court, and make and execute certificates of
qualification and moral character of persons petitioning to be
commissioned as notaries public.
Sec. 8. The judges of the Morgan circuit and Morgan superior
court may jointly appoint one (1) full-time magistrate under
IC 33-23-5. The magistrate continues in office until removed by the
judges of the circuit and superior courts.
Sec. 9. The Morgan superior court concurrent jurisdiction, both
original and appellate, with the Morgan circuit court in all civil
actions and proceedings at law and in equity and in all criminal
and probate matters, actions, and proceedings of which the
Morgan circuit court has jurisdiction. However, the Morgan
circuit court and one (1) judge of the Morgan superior court have
exclusive jurisdiction in all juvenile matters, actions, and
proceedings.
Sec. 10. The Morgan superior court has a standard small claims
and misdemeanor division.
Chapter 56. Newton County
Sec. 1. (a) Newton County constitutes the seventy-ninth judicial
circuit.
(b) The Newton circuit court has a standard small claims and
misdemeanor division.
Sec. 2. (a) There is established a court of record to be known as
the Newton superior court.
(b) The Newton superior court is a standard superior court as
described in IC 33-29-1.
(c) Newton County comprises the judicial district of the court.
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:
following the election of the judge's successor.
Sec. 5. The judge of the Ohio and Switzerland superior court
has the same powers relating to the conduct of the business of the
court as a judge of a circuit court under IC 33-28-1.
Sec. 6. The judge of the Ohio and Switzerland superior court is
entitled to the salary set out in IC 33-38-5. The salary shall be paid
in the same manner as the salary of a circuit court judge, and the
part of the salary to be paid by the counties shall be paid by Ohio
and Switzerland counties in equal amounts.
Sec. 7. The Ohio and Switzerland superior court shall hold its
sessions in the courthouse in Rising Sun and in Vevay or in other
places in the county as the board of county commissioners of Ohio
County or Switzerland County may provide. Each board of county
commissioners shall provide and maintain a suitable courtroom
and other rooms and facilities, including furniture and equipment,
as necessary. Each county council shall appropriate sufficient
funds for the provision and maintenance of such rooms and
facilities.
Sec. 8. The judge of the Ohio and Switzerland superior 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 a circuit court. Their
salaries shall be paid monthly out of the treasuries of Ohio and
Switzerland counties as provided by law.
Sec. 9. The clerk of the Ohio and Switzerland superior court,
under the direction of the judge of the court, shall provide order
books, judgment dockets, execution dockets, fee books, and other
books for the court, which must be kept separately from the books
and papers of other courts.
Sec. 10. The Ohio and Switzerland superior superior court shall,
during each calendar year, appoint one (1) resident of Ohio County
and one (1) resident of Switzerland County to act as jury
commissioners for the superior court. The jury commissioners
shall:
(1) be appointed by a judge of the superior court;
(2) be qualified to act as jury commissioners; and
(3) prepare and draw the jury for the superior court;
in the same manner as is required for jury commissioners of circuit
courts in Ohio and Switzerland counties. The clerks of the circuit
courts of Ohio and Switzerland counties and the sheriffs of Ohio
and Switzerland counties shall issue and serve process for the
superior court in relation to jury selection and summoning in the
same manner as for those circuit courts. The superior court may
order the time when jurors must attend court and may order the
selection and summoning of other jurors for the superior court
whenever necessary.
Sec. 11. The judge of the circuit courts in Ohio or Switzerland
counties may, with the consent of the judge of the Ohio and
Switzerland superior court, transfer any action or proceeding from
the circuit court that originated in Ohio County or Switzerland
County to the Ohio and Switzerland superior court. The judge of
the Ohio and Switzerland superior court may, with consent of the
judge of such a circuit court, transfer any action or proceeding
from the Ohio and Switzerland superior court to the circuit court
in the county where that action or proceeding originated.
Sec. 12. The judge of the circuit court in Ohio County or
Switzerland County may, with the consent of the judge of the Ohio
and Switzerland superior court, sit as a judge of the court in any
matter over which the judge would have had jurisdiction as circuit
court judge, as if the judge was an elected judge of the court. The
judge of the Ohio and Switzerland superior court may, with
consent of the judge of such a circuit court, sit as a judge of a
circuit court in Ohio County or Switzerland County in any matter
over which the judge would have jurisdiction as superior judge, as
if the judge was an elected judge of that circuit court.
Sec. 13. The Ohio and Switzerland superior court has the same
jurisdiction as a circuit court under IC 33-28-3 and IC 33-28-1-2.
Sec. 14. The Ohio and Switzerland superior court has a
standard small claims and misdemeanor division.
Chapter 59. Orange County
Sec. 1. Orange County constitutes the eighty-seventh judicial
circuit.
Sec. 2. (a) There is established a court of record to be known as
the Orange superior court.
(b) Except as otherwise provided in this chapter, the Orange
superior court is a standard superior court as described in
IC 33-29-1.
(c) Orange County comprises the judicial district of the court.
Sec. 3. The Orange superior court has one (1) judge who shall
hold sessions in:
(1) the Paoli Office Complex in Paoli; or
(2) other places in the county as the Orange county executive
may provide.
Sec. 4. In addition to the personnel that may be appointed under
IC 33-29-1-5, the judge of the Orange superior may appoint a
referee, commissioner, or other personnel as the judge considers
necessary to facilitate and transact the business of the court. Their
salaries must be fixed in the same manner as the salaries of the
personnel for the Orange circuit court. Their salaries must be paid
monthly out of the treasury of Orange County as provided by law.
Personnel appointed under this section continue in office until
removed by the judge of the court.
Sec. 5. (a) Except as provided in subsection (b), the Orange
superior court has the same jurisdiction as the Orange circuit
court.
(b) The Orange circuit court has exclusive juvenile jurisdiction.
Sec. 6. The Orange superior court has a standard small claims
and misdemeanor division.
Chapter 60. Owen County
Sec. 1. (a) Owen County constitutes the seventy-eighth judicial
circuit.
(b) The Owen circuit court has a standard small claims and
misdemeanor division.
Chapter 61. Parke County
Sec. 1. (a) Parke County constitutes the sixty-eighth judicial
circuit.
(b) The Parke circuit court has a standard small claims and
misdemeanor division.
Chapter 62. Perry County
Sec. 1. (a) Perry County constitutes the seventieth judicial
circuit.
(b) The Perry circuit court has a standard small claims and
misdemeanor division.
Chapter 63. Pike County
Sec. 1. (a) Pike County constitutes the eighty-third judicial
circuit.
(b) The Pike circuit court has a standard small claims and
misdemeanor division.
Chapter 64. Porter County
Sec. 1. IC 33-29-1 does not apply to this chapter.
Sec. 2. Porter County constitutes the sixty-seventh judicial
circuit.
Sec. 3. (a) There is established a court of record to be known as
Porter superior court. The Porter superior court has five (5)
judges, who hold office for six (6) years, beginning on the first day
of January after their election and until their successors are elected
and qualified. Every six (6) years the voters of Porter County shall
elect at the general election the judges for the superior court.
(b) The judges of the Porter superior court are designated as
follows:
(1) Two (2) judges are judges of the superior court, superior
division.
(2) Three (3) judges are judges of the superior court, county
division.
Sec. 4. (a) The Porter superior court's superior division shall
have a seal consisting of a circular disk containing the words
"Porter Superior Court, Superior Division", an impression of
which shall be spread of record upon the order book of the court.
(b) The Porter superior court's county division shall have a seal
consisting of a circular disk containing the words "Porter Superior
Court, County Division", an impression of which shall be
imprinted upon the order book of the court.
Sec. 5. (a) Except as provided in subsection (b), the Porter
superior court has the following jurisdiction:
(1) Original, appellate, concurrent, and coextensive
jurisdiction with the circuit court in all civil cases, criminal
cases, and probate matters.
(2) Concurrent and coextensive jurisdiction with the circuit
court in all cases of appeal from boards of county
commissioners and all other appellate jurisdiction vested in
the circuit court.
(3) Concurrent and coextensive jurisdiction in all matters of
probate and the settlement of decedents' estates, trusts, and
guardianships.
(4) Jurisdiction over all other subject matters actionable in
the circuit court.
(b) All matters in which a child is alleged to be a delinquent
child or a child in need of services exclusively resides in the
jurisdiction of the circuit court of the county.
Sec. 6. The judges of the Porter superior court may make and
adopt rules and regulations for conducting the business of the court
and have all the powers incident to a court of record in relation to
the attendance of witnesses, the punishment of contempts, and the
enforcement of its orders. The judges may administer oaths,
solemnize marriages, take and certify acknowledgment of deeds,
and give all necessary certificates for the authentication of the
records and proceedings in the court.
Sec. 7. The judges of the Porter superior court have the same
power to grant restraining orders and injunctions, to issue writs of
habeas corpus and of mandate and prohibition, to appoint
receivers, masters, and commissioners to convey real property, and
to grant commissions for the examination of witnesses, and to
appoint other officers necessary to facilitate and transact the
business of the court as is conferred on circuit courts or the judges
of circuit courts.
Sec. 8. (a) The Porter superior court, superior division, shall
hold sessions in the Porter County courthouse in Valparaiso.
(b) One (1) judge of the Porter superior court, county division,
shall hold sessions of the court in Valparaiso and two (2) judges
shall hold sessions of the court principally in Portage Township
and may sit periodically in Westchester Township in the discretion
of the judges in Porter County.
(c) The board of county commissioners of Porter County shall:
(1) provide and maintain suitable and convenient courtrooms
for the holding of the court, together with suitable and
convenient jury rooms and offices for the judges, secretaries,
and official court reporters, and other facilities as may be
necessary; and
(2) provide all the necessary furniture and equipment for the
rooms and offices of the court.
The county council shall appropriate sufficient funds to implement
this section.
Sec. 9. The clerk, under the direction of a Porter superior court
judge, shall provide order books, judgment dockets, execution
dockets, fee books and other books, papers, and records as
necessary for the court. All books, papers, and proceedings of the
court shall be kept distinct and separate from those of other courts.
Sec. 10. (a) The Porter superior court shall maintain a single
order book for the Porter superior court, superior division, that
may be signed on behalf of the court by any of the sitting judges of
the superior division. A judge's signature constitutes
authentication of the actions of each judge in the court.
(b) The Porter superior court shall maintain an order book for
the judge of the Porter superior court, county division, located in
Valparaiso and a separate order book for the judge of the Porter
superior court, county division, located in Portage Township. The
signature of a judge of the Porter superior court, county division,
constitutes authentication of the actions of the judge taken on
behalf of the superior court holding sessions in that location.
Sec. 11. Each judge of the Porter superior court shall appoint a
bailiff for the court whose salary shall be fixed by the court and
paid as provided by law.
Sec. 12. Each judge of the Porter superior court shall appoint a
court reporter whose duties, salary, and term shall be regulated in
the same manner as the court reporter of the circuit court.
Sec. 13. The process of the Porter superior court must have the
seal affixed. The process must be attested, directed, served,
returned, and be in the form as provided for process issuing from
the circuit court.
Sec. 14. Each Porter superior judge may appoint additional
officers and personnel necessary for the proper administration of
the judge's duties as judge of the court.
Sec. 15. (a) The Porter superior court by rules adopted by the
court, shall designate one (1) of the judges as presiding judge and
fix the time the judge presides.
(b) The presiding judge shall be responsible for the operation
and conduct of the court and for seeing that the court operates
efficiently and judicially.
(c) If an agreement is not reached, the judge with the most
seniority as a judge of a court of record shall act as presiding
judge.
Sec. 16. When any action of the entire Porter superior court is
required, the judges of the court shall act in concert. If there is a
disagreement, the decision of the majority of the judges controls.
However, in the absence of a majority, the decision of the presiding
judge controls.
Sec. 17. The Porter superior court shall, when it believes it is
necessary, appoint additional personnel for the proper
administration of the court, including but not limited to an
administrative officer who shall operate under the jurisdiction of
the presiding judge.
Sec. 18. The judge of the circuit court may, with the consent of
the court transfer any action, cause, or proceeding filed and
docketed in the circuit court to this court by transferring all
original papers and instruments filed in the action, cause, or
proceeding without further transcript to be redocketed and
disposed of as if originally filed with this court.
Sec. 19. Any judge of the Porter superior court may, with the
consent of the judge of the Porter circuit court, transfer any action,
cause, or proceeding filed and docketed in the superior court to the
circuit court by transferring all original papers and instruments
filed in such action, cause, or proceeding without further transcript
to be redocketed and disposed of as if originally filed with the
superior court. However, a judge of the Porter superior court,
county division, may not transfer any action or proceeding
docketed in the small claims and misdemeanor division to the
Porter circuit court or to the Porter superior court, superior
division.
Sec. 20. The judge of the Porter circuit court may, with the
Porter superior court's permission, sit and act as a judge of the
Porter superior court in all matters pending before the superior
court, without limitation and without any further order, in the
same manner and stead as if the judge were a judge of the Porter
superior court with all the rights and powers as if the judge were
an elected judge of the Porter superior court, including the right to
act as presiding judge and otherwise participate in the organization
and administration of the superior court.
Sec. 21. The judges of the Porter superior court shall be
commissioned by the governor in the same manner as a judge of
the circuit court and any vacancy occurring in the office of judge
of the superior court shall be filled by appointment by the governor
in the same manner as vacancies in the office of the judge of the
circuit court.
Sec. 22. The Porter superior court, county division, located in
Valparaiso, has a standard small claims and misdemeanor division
and the Porter superior court, county division, located in Portage
Township has a standard small claims and misdemeanor division.
Sec. 23. The judges of the Porter superior court may jointly
appoint two (2) full-time magistrates under IC 33-23-5. The
magistrates continue in office until removed by the judges of the
superior court.
Chapter 65. Posey County
Sec. 1. Posey County constitutes the eleventh judicial circuit.
Sec. 2. (a) There is established a court of record to be known as
the Posey superior court.
(b) The Posey superior court is a standard superior court as
described in IC 33-29-1.
(c) Posey County comprises the judicial district of the court.
Sec. 3. The court has one (1) judge who shall hold sessions in:
(1) the Posey County courthouse in Mount Vernon; or
(2) other places in the county that the Posey County executive
provides.
Sec. 4. The Posey superior court has a standard small claims
and misdemeanor division.
the Putnam circuit court.
Sec. 6. The Putnam superior court has a standard small claims
and misdemeanor division.
Chapter 68. Randolph County
Sec. 1. Randolph County constitutes the twenty-fifth judicial
circuit.
Sec. 2. (a) There is established a court of record to be known as
the Randolph superior court.
(b) The Randolph superior court is a standard superior court as
described in IC 33-29-1.
(c) Randolph County comprises the judicial district of the court.
Sec. 3. The Randolph superior court has one (1) judge who shall
hold sessions in:
(1) the Randolph County courthouse in Winchester; or
(2) other places in the county that the Randolph County
executive provides.
Sec. 4. The Randolph superior court has the same jurisdiction
as the Randolph circuit court.
Sec. 5. The Randolph superior court has a standard small claims
and misdemeanor division.
Chapter 69. Ripley County
Sec. 1. (a) Ripley County constitutes the eightieth judicial
circuit.
(b) The Ripley circuit court has a standard small claims and
misdemeanor division.
Sec. 2. (a) There is established a court of record to be known as
the Ripley superior court.
(b) The Ripley superior court is a standard superior court as
described in IC 33-29-1.
(c) Ripley County comprises the judicial district of the court.
Sec. 3. The Ripley superior court has one (1) judge who shall
hold sessions in:
(1) the Ripley County courthouse in Versailles; or
(2) other places in the county that the Ripley County executive
provides.
Sec. 4. The Ripley superior court has the same jurisdiction as
the Ripley circuit court.
Sec. 5. The Ripley superior court has a standard small claims
and misdemeanor division.
Chapter 70. Rush County
Sec. 1. Rush County constitutes the sixty-fifth judicial circuit.
Sec. 2. (a) There is established a court of record to be known as
the Rush superior court.
(b) The Rush superior court is a standard superior court as
described in IC 33-29-1.
(c) Rush County comprises the judicial district of the court.
Sec. 3. The Rush superior court has one (1) judge who shall hold
sessions in:
(1) the Rush County courthouse in Rushville; or
(2) other places in the county that the Rush county executive
provides.
Sec. 4. The Rush superior court has the same jurisdiction as the
Rush circuit court.
Sec. 5. The Rush superior court has a standard small claims and
misdemeanor division.
Chapter 71. St. Joseph County
Sec. 1. IC 33-29-1 does not apply to this chapter.
Sec. 2. St. Joseph County constitutes the sixtieth judicial circuit.
Sec. 3. The judge of the St. Joseph circuit court may appoint two
(2) full-time magistrates under IC 33-23-5 to serve the circuit
court. A magistrate continues in office until removed by the judge.
Sec. 4. Notwithstanding any other provision of this title, the jury
commissioners, the superior court, and the circuit court of St.
Joseph County may use a computerized jury selection system.
However, the system used for the selection of jurors must be fair
and may not violate the rights of persons with respect to the
impartial and random selection of prospective jurors.
Sec. 5. There is established a superior court in St. Joseph
County. The court consists of eight (8) judges.
Sec. 6. The superior court shall be known as the St. Joseph
superior court.
Sec. 7. The superior court shall have a seal consisting of a
circular disk containing the words "St. Joseph Superior Court", an
impression of which shall be spread of record upon the order book
of the court.
Sec. 8. The St. Joseph superior court has the following
jurisdiction:
(1) Original, appellate, concurrent, and coextensive
jurisdiction with the circuit court in all civil cases, criminal
cases, and probate matters.
(2) Concurrent and coextensive jurisdiction with the circuit
court in all cases of appeal from boards of county
commissioners and all other appellate jurisdiction vested in
the circuit court.
exercise full superior court jurisdiction in that city. The board of
county commissioners of St. Joseph County shall provide and
maintain in the courthouse in South Bend and in an appropriate
place in Mishawaka court facilities that include suitable and
convenient courtrooms, jury rooms, and offices for the judges,
secretaries, and official court reporters, and other necessary
facilities, including all the necessary furniture and equipment for
the rooms and offices of the court for the conduct of all criminal
and civil business, including the necessary facilities for jury trials.
(b) The judges of the court have all jurisdiction and authority
granted them by law regardless of the city in which they are
located.
Sec. 14. The clerk, under the direction of the judge, shall
provide order books, judgment dockets, execution dockets, fee
books, and other books, papers, and records as necessary for the
court, and all books, papers, and proceedings of the superior court
shall be kept distinct and separate from those of other courts.
Sec. 15. The superior court shall maintain a single order book
for the entire court that may be signed on behalf of the court by
any of the sitting judges of the court, and the signature constitutes
authentication of the actions of each judge in the court.
Sec. 16. Each judge of the superior court shall appoint a bailiff
for the court whose salary shall be fixed by the court and paid as
provided by law.
Sec. 17. Each judge of the superior court shall appoint a court
reporter whose duties, salary, and term shall be regulated in the
same manner as the court reporter of circuit court.
Sec. 18. All laws and rules adopted by the supreme court
governing the circuit court in matters of pleading, practice, the
issuing and service of process, the giving of notice, the appointment
of judges pro tempore and special judges, changes of venue from
the judge and from the county, adjournments by the court and by
the clerk in the absence of the judge, and the selection of jurors for
the court shall be applicable to and govern the superior court.
Sec. 19. (a) The superior court shall, in each calendar year,
appoint for the next calendar year two (2) persons as jury
commissioners. The law with reference to jury commissioners
appointed by the circuit court governs the jury commissioners as
appointed by the superior court in all things, conditions, and
qualifications. The jury commissioners shall prepare and draw the
jury for the superior court, both petit and grand, as the law directs
the same to be done by the jury commissioners for the circuit
court. The superior court is governed by this law in making
appointments of the jury commissioners. The clerk of the circuit
court in issuing process for the jury and the sheriff of the county in
serving the same, are governed, in all things, by the law made for
petit juries in the circuit court. However, the superior court may
order the day the jurors are summoned to attend the court, and
any judge of the court may order the selection and summoning of
other jurors for the court whenever necessary. The jury drawn by
the jury commissioners shall be the jurors, either petit or grand,
for the superior court, and shall serve the entire court and before
any judge of the court where their services may be required.
However, they do not have to serve in any particular order in
which they were drawn by the jury commissioners. In the selection
of jurors to serve before any judge, the selection must be on a fair
and impartial basis.
(b) If at any time a jury is not drawn, the clerk of the court shall
select from among the properly qualified residents of the county a
jury that shall be summoned and considered in all things as a
regular panel of the court. The court may call one (1) or more
juries during any calendar year and may by rule provide for how
long any jury shall sit.
Sec. 20. Any party may appeal to the supreme court or the court
of appeals from any order or judgment of the superior court in any
case where, under Indiana law, an appeal may be had from a
similar order or judgment of the circuit court. The appeal is
governed by the law governing appeals from the circuit court to
the court of appeals and the supreme court.
Sec. 21. The process of the superior court must have the seal
affixed. The process must be attested, directed, served, returned,
and in the form as is provided for process issuing from the circuit
court.
Sec. 22. Each judge of the superior court may appoint additional
officers and personnel as necessary for the proper administration
of the judge's duties as judge of the court.
Sec. 23. (a) The superior court, by rules duly adopted by the
court, shall designate one (1) of the judges as chief judge and fix the
time the chief judge presides.
(b) The chief judge shall be responsible for the operation and
conduct of the court and to seeing that the court operates
efficiently and judicially.
(c) The chief judge shall do the following:
(1) Assign cases to a judge of the court or reassign cases from
one (1) judge of the court to another judge of the court to
ensure the efficient operation and conduct of the court.
(2) Assign and allocate courtrooms, other rooms, and other
facilities to ensure the efficient operation and conduct of the
court.
(3) Annually submit to the fiscal body of St. Joseph County a
budget for the court.
(4) Make appointments or selections on behalf of the court
that are required of a superior court judge under any statute.
(5) Direct the employment and management of court
personnel.
(6) Conduct cooperative efforts with other courts for
establishing and administering shared programs and facilities.
Sec. 24. When any action of the entire superior court is
required, the judges of the court shall act in concert. If there is a
disagreement, the decision of the majority of the judges controls.
However, if the judges are evenly divided, the decision joined by
the chief judge controls.
Sec. 25. The superior court shall, when it believes it is necessary,
appoint additional personnel for the proper administration of the
court, including an administrative officer who shall operate under
the jurisdiction of the chief judge.
Sec. 26. The judge of the circuit court may, with the consent of
the chief judge, transfer any action, cause, or proceeding filed and
docketed in the circuit court to the superior court by transferring
all original papers and instruments filed in the action, cause, or
proceeding without further transcript to be redocketed and
disposed of as if originally filed with the superior court.
Sec. 27. The chief judge of the superior court may, with the
consent of the judge of the circuit court, transfer any action, cause,
or proceeding filed and docketed in the superior court to the circuit
court by transferring all original papers and instruments filed in
the action, cause, or proceeding without further transcript to be
redocketed and disposed of as if originally filed with the circuit
court.
Sec. 28. The judge of the St. Joseph circuit court at the circuit
court judge's discretion, may sit as a judge of the superior court,
with the chief judge's permission, in all matters pending before the
superior court, without limitation and without any further order,
in the same manner as if the judge of the circuit court were a judge
of the superior court with all the rights and powers as if the judge
of the circuit court were an elected judge of the superior court.
of the nonattorney members shall be made by a selection
committee consisting of the judge of the St. Joseph circuit court,
the president of the board of St. Joseph County commissioners, and
mayors in each of the two (2) cities having the largest populations
in St. Joseph County. These appointments shall be made by a
majority vote of the selection committee. If a vacancy occurs on the
commission among the nonattorney members, that fact shall be
reported to the judge of the St. Joseph circuit court by the
commission. Upon notification, the judge of the St. Joseph circuit
court shall call into session the selection committee, which shall, by
majority vote, select a person or persons not admitted to the
practice of law, who shall serve the unexpired term of the vacant
commission membership position and that this selection and
appointment by the selection committee shall be made within sixty
(60) days after the date the St. Joseph circuit court is notified of the
creation of the vacancy. If the selection committee fails to act to fill
an unexpired term of a nonattorney member of the commission
within sixty (60) days after the notification that the vacancy exists,
the vacancy shall be filled by a majority vote of the remaining
members of the commission.
(b) Not less than sixty (60) days before the expiration of the term
of a nonattorney member of the commission, the judge of the St.
Joseph circuit court shall call into session the selection committee
that shall appoint, by a majority vote, a person to the commission
to serve a new term. If the selection committee fails to act to fill an
expired term of a nonattorney member of the commission by the
date of expiration of the term of a nonattorney member of the
commission, the remaining members on the commission shall, by
majority vote, appoint a person to serve for the succeeding term.
All appointments made to the commission shall be certified within
ten (10) days to the clerk of the St. Joseph superior court.
(c) Each appointee of a nonattorney member to the commission,
except those who fill a vacancy, shall serve for four (4) years.
Sec. 32. (a) Each year in which an attorney member's term
expires, those admitted to the practice of law in Indiana and
residing in St. Joseph County (referred to as "attorney electors" in
this chapter) shall elect three (3) of their number to serve on the
commission. Each attorney member of the commission shall serve
for four (4) years. The term of each attorney member begins on the
first day of October following the member's election. The election
day is the date on which the ballots are counted. During the month
before the expiration of each attorney commissioner's term of
office, an election shall be held to fill the succeeding four (4) year
term of office.
(b) Except when a term of office has less than ninety (90) days
remaining, vacancies in the office of an attorney commissioner to
the commission shall be filled for the unexpired term of the
member creating the vacancy by a special election.
Sec. 33. The attorney members of the commission shall be
elected by the following process:
(1) The clerk of the St. Joseph superior court shall at least
ninety (90) days before the date of election notify all attorneys
in St. Joseph County of the upcoming election by mail,
informing them that nominations must be made to the clerk
of the superior court at least sixty (60) days before the
election. The clerk shall secure a list of all attorneys in the
county and their correct addresses from the clerk of the
supreme court.
(2) A nomination in writing accompanied by a signed petition
of ten (10) attorney electors, and the written consent of the
qualified nominee shall be filed by an attorney elector or
group of attorney electors residing in St. Joseph County, by
mail or otherwise, in the office of the clerk of St. Joseph
superior court at least sixty (60) days before the election.
(3) The clerk of St. Joseph superior court shall prepare and
print ballots containing the names and residence addresses of
all attorney nominees whose written nominations, petitions
and written statements of consent have been received sixty
(60) days before the election.
The ballot must read:
"ST. JOSEPH SUPERIOR COURT
NOMINATING COMMISSION BALLOT
To be cast by individuals residing in St. Joseph County and
admitted to the practice of law in Indiana. Vote for one (1) of the
following candidates for the term commencing:
(Insert Date)
( ) (Name) (Address)
( ) (Name) (Address)
( ) (etc.) (etc.)
To be counted, this ballot must be completed, the accompanying
certificate completed and signed, and both together mailed or
delivered to the clerk of St. Joseph superior court not later than
_______ (insert date).
DESTROY BALLOT IF NOT USED".
superior court under this chapter;
the clerk of St. Joseph superior court shall by regular mail notify
the members of the commission of their election or appointment,
and shall notify the chairman of the commission of the same.
Sec. 35. A person who has been elected or appointed to a full
four (4) year term upon the commission may not succeed himself
or herself or be eligible for election or appointment to the
commission for four (4) years after the expiration of the term to
which the person was elected or appointed.
Sec. 36. (a) When a vacancy occurs in the St. Joseph superior
court, the clerk of the court shall promptly notify the chairman of
the commission of the vacancy. The chairman shall call a meeting
of the commission within ten (10) days following this notice. The
commission shall submit its nominations of five (5) candidates for
each vacancy and certify them to the governor as promptly as
possible, and not later than sixty (60) days after the vacancy
occurs. When it is known that a vacancy will occur at a definite
future date within the term of the serving governor, but the
vacancy has not yet occurred, the clerk shall notify the commission
immediately. The commission may within fifty (50) days of the
notice of vacancy make its nominations and submit to the governor
the names of five (5) persons nominated for the forthcoming
vacancy.
(b) Meetings of the commission shall be called by the chairman
or, if the chairman fails to call a necessary meeting, upon the call
of any four (4) members of the commission. The chairman,
whenever the chairman considers a meeting necessary, or upon the
request by any four (4) members of the commission for a meeting,
shall give each member of the commission at least five (5) days
written notice by mail of the time and place of every meeting unless
the commission at its previous meeting designated the time and
place of its next meeting.
(c) Meetings of the commission must be held at a place in the St.
Joseph County courthouse in South Bend as the clerk of the St.
Joseph superior court may arrange.
(d) The commission shall act only at a meeting and may act only
by the concurrence of a majority of its members attending a
meeting. Four (4) members are required to constitute a quorum at
a meeting. The commission may adopt reasonable and proper rules
and regulations for the conduct of its proceedings and the
discharge of its duties.
Sec. 37. (a) The commission shall submit only the names of the
five (5) most highly qualified candidates from among those eligible
individuals considered. To be eligible for nomination as a judge of
the St. Joseph superior court, a person must be domiciled in the
county of St. Joseph, a citizen of the United States, and admitted to
the practice of law in the courts of Indiana.
(b) In abiding by the mandate in subsection (a), the commission
shall evaluate in writing each eligible individual on the following
factors:
(1) Law school record, including any academic honors and
achievements.
(2) Contribution to scholarly journals and publications,
legislative draftings, and legal briefs.
(3) Activities in public service, including:
(A) writings and speeches concerning public or civic affairs
which are on public record, including but not limited to
campaign speeches or writing, letters to newspapers, and
testimony before public agencies;
(B) efforts and achievements in improving the
administration of justice; and
(C) other conduct relating to the individual's profession.
(4) Legal experience, including the number of years of
practicing law, the kind of practice involved, and reputation
as a trial lawyer or judge.
(5) Probable judicial temperament.
(6) Physical condition, including age, stamina, and possible
habitual intemperance.
(7) Personality traits, including the exercise of sound
judgment, ability to compromise and conciliate patience,
decisiveness, and dedication.
(8) Membership on boards of directors, financial interest, and
any other consideration that might create conflict of interest
with a judicial office.
(9) Any other pertinent information that the commission feels
is important in selecting the best qualified individuals for
judicial office.
(c) Written evaluations may not be made on an individual until
the individual states in writing that the individual desires to hold
a judicial office that is or will be created by vacancy.
(d) The political affiliations of any candidate may not be
considered by the commission in evaluating and determining which
eligible candidates shall be recommended to the governor for a
vacancy on the St. Joseph superior court.
the nominees submitted to the governor. In the interest of justice,
the governor shall consider only those qualifications of the
nominees included in section 37 of this chapter.
(c) If the St. Joseph County judicial nominating commission, by
a vote of any five (5) of its members, determines that, of the
persons considered for any existing or expected vacancy in the St.
Joseph superior court, less than five (5) are qualified for judicial
office, within the scope of this chapter, the commission shall certify
that determination to the governor together with the name or
names of the person or persons found to be qualified under this
chapter. In that event, the governor, chief justice, or acting chief
justice shall make the selection or, if only one (1) name is
submitted, make the appointment.
Sec. 41. An appointment by the governor, chief justice, or acting
chief justice, as required by section 40 of this chapter, to the St.
Joseph County superior court shall take effect immediately if a
vacancy exists at the date of the appointment. The appointment
shall take effect on the date the vacancy is created if a vacancy does
not exist on the date of the appointment.
Sec. 42. (a) Each judge appointed serves an initial term that
begins on the effective date of the judge's appointment and
continues through December 31 in the year of the general election
that follows the expiration of two (2) years after the effective date
of the judge's appointment.
(b) Thereafter, unless rejected by the electorate of St. Joseph
County under this chapter, each judge of the St. Joseph superior
court serves successive six (6) year terms. Each successive six (6)
year term begins on the first day of January following the
expiration of the preceding initial term or the preceding six (6)
year term and continues for six (6) years.
Sec. 43. (a) The question of the retention in office or rejection of
each judge of the St. Joseph superior court shall be submitted to
the electorate of St. Joseph County at the general election
immediately preceding expiration of the term of that judge.
(b) If a judge subject to this chapter does not desire to serve a
further term, the judge shall notify the judge's intention in writing
to the clerk of the St. Joseph circuit court at least sixty (60) days
before the general election immediately preceding expiration of the
judge's term in which case the question of the judge's retention in
office or rejection may not be submitted to the electorate, and the
office is vacant at the expiration of the term.
(c) The St. Joseph County election board shall submit the
question of the retention in office or rejection of any judge to the
electorate of St. Joseph County. The submission of this question is
subject to the provisions of IC 3 that are not inconsistent with this
chapter.
(d) At the general election, the question of the retention in office
or rejection of a judge shall be submitted to the electorate of St.
Joseph County in the form prescribed by IC 3-11-2 and must state
"Shall Judge (insert name) of the St. Joseph superior court be
retained in office for an additional term?".
(e) If a majority of the ballots cast by the electors voting on the
question is "No", the judge whose name appeared on such question
is rejected. The office of the rejected judge is vacant on January 1
following the rejection. The vacancy shall be filled by appointment
of the governor under section 40 of this chapter. The name of the
rejected judge may not be included among those submitted to the
governor. However, the judge's rejection does not disqualify a
rejected judge from being considered for another judicial office
that becomes vacant.
Sec. 44. (a) During a term of office, a judge of the St. Joseph
superior court may not engage in the practice of law, run for an
elective office other than a judicial office, or directly or indirectly
make any contributions to or hold any office in a political party or
organization. A judge may not take part in any political campaign
except as a candidate for retention in judicial office and, in that
event, the judge's campaign participation must be absolutely
devoid of partisan association and be limited to activities designed
to acquaint the electorate with the judge's judicial record.
(b) Failure to comply with this section is sufficient cause for the
commission on judicial qualifications established by section 45 of
this chapter to recommend to the supreme court that the judge be
censured or removed from office.
Sec. 45. There is established a commission on judicial
qualifications for the St. Joseph superior court, whose membership
is the same as that of the judicial nominating commission under
section 29 of this chapter. The commission on judicial
qualifications may employ special counsel in any proceedings it
undertakes under the responsibilities imposed upon it by this
chapter.
Sec. 46. (a) On recommendation of the commission on judicial
qualifications, the supreme court may suspend a judge of the St.
Joseph superior court from office without salary when in any court
in the United States the judge enters a plea of guilty or nolo
contendere to, or is found guilty of, any crime punishable as a
felony under the laws of Indiana or of the United States, or of any
other crime that involves moral turpitude under that law. If the
judge's conviction is reversed, suspension terminates, and the
judge shall be paid the judge's salary for the period of suspension.
If the judge is suspended and the judge's conviction is affirmed or
otherwise becomes final, the supreme court shall remove the judge
from office.
(b) On recommendation of the commission on judicial
qualifications, the supreme court may:
(1) retire a judge of the St. Joseph superior court for disability
that seriously interferes with the performance of the judge's
duties and is likely to become permanent; and
(2) censure or remove a judge of the St. Joseph superior court
for conduct occurring not more than six (6) years before the
commencement of the judge's current term, when the conduct
constitutes willful misconduct in office, willful and persistent
failure to perform the judge's duties, habitual intemperance,
or conduct prejudicial to the administration of justice or that
brings or tends to bring judicial office into disrepute.
(c) When the supreme court receives any recommendation from
the commission on judicial qualifications, it shall hold a hearing, at
which the affected judge is entitled to attend, and shall make a
determination as is required. The supreme court shall make rules
regarding the convening and conduct of hearings, which shall,
upon request of the judge whom it concerns, be public.
Sec. 47. (a) The commission on judicial qualifications shall meet
periodically as necessary to discharge its statutory responsibilities.
Meetings of the commission on judicial qualifications shall be
called in the same manner as prescribed for the judicial
nominating commission. A quorum for the transaction of business
is four (4) members.
(b) The clerk of the St. Joseph circuit court shall make
arrangements for a meeting place in St. Joseph County as the
commission may request.
(c) The commission on judicial qualifications may act only at a
meeting. The commission on judicial qualifications may adopt
reasonable and proper rules and regulations for the conduct of its
meetings and discharge of its duties.
Sec. 48. (a) All papers filed with and proceedings had before the
commission on judicial qualifications before the institution of
formal proceedings are confidential unless the judge against whom
a complaint has been filed elects to have the information divulged
or unless the commission elects to answer publicly disseminated
statements issued by any complainant.
(b) All papers filed with the commission on judicial
qualifications at the time of or after the institution of formal
proceedings are open for public inspection at all reasonable times.
Records of proceedings are open for public inspection at all
reasonable times. All hearings and proceedings before the
commission on judicial qualifications are open to the public.
Sec. 49. The filing of papers with or the giving of testimony
before the commission on judicial qualifications under this chapter
are absolutely privileged in any action for defamation.
Sec. 50. Complaints directed to the commission on judicial
qualifications do not have to be in writing. A specified form of
complaint may be required if presented in writing.
Sec. 51. (a) Any citizen of Indiana may complain to the
commission on judicial qualifications with reference to the
activities, fitness, or qualifications of any judge of the St. Joseph
superior court. Upon receiving a complaint or request, the
commission on judicial qualifications shall make an initial inquiry
to determine if a complaint is founded and not frivolous. The
commission on judicial qualifications, without receiving a
complaint, may make an initial inquiry on its own motion.
(b) If the commission on judicial qualifications considers it
necessary as a result of its initial inquiry to conduct further
investigation, the judge involved may then be notified of the
investigation, the nature of the charge, the complaint that must be
in writing, the name of the person making the complaint, if any, or
that the investigation is on the commission's own motion and the
judge shall be afforded reasonable opportunity in the course of the
investigation to present matters as the judge may choose. When
this notice is given, it must be by prepaid registered or certified
mail addressed to the judge at the judge's chambers and at the
judge's last known address. If the investigation does not disclose
sufficient cause to warrant further proceedings, the judge may be
so notified. The commission on judicial qualifications may make
investigations by members of the commission or by special
investigators employed by the commission, hold confidential
hearings with the person filing the complaint or with the person's
agents or attorneys, and hold confidential hearings with the judge
involved in the complaint.
(c) If the commission on judicial qualification's initial inquiry or
investigation does not disclose sufficient cause to warrant further
proceedings and if the complainant subsequently issues any
statement or statements of any kind for public dissemination
relating to the activities or actions of the commission, the
commission may answer that statement by reference to as much of
the record of its proceedings or results of its investigation as it
considers necessary.
Sec. 52. (a) After the investigation is completed and if the
commission on judicial qualifications concludes that formal
proceedings should be instituted, the commission shall give written
notice to the judge advising the judge of the institution of formal
proceedings to inquire into the charges against the judge. These
proceedings shall be entitled:
"BEFORE THE ST. JOSEPH COUNTY JUDICIAL
QUALIFICATIONS COMMISSION
Inquiry Concerning a Judge, No. _______ .".
(b) The notice must be issued in the name of the commission on
judicial qualifications, specify in ordinary and concise language
the charges against the judge and the alleged facts upon which the
charges are based, and advise the judge of the judge's right to file
a written answer to the charges against the judge within twenty
(20) days after service of the notice upon the judge. A charge is not
sufficient if it merely recites the general language of the original
complaint. The charge must specify the facts relied upon to support
a particular charge. A copy of the notice shall be filed in the office
of the commission on judicial qualifications.
(c) The notice shall be made upon the judge by registered or
certified mail addressed to the judge at the judge's chambers and
the judge's last known address.
Sec. 53. Within twenty (20) days after service of the notice of
formal proceedings, the judge may file with the commission on
judicial qualifications a signed original and one (1) copy of an
answer, and shall serve a copy on the counsel by mail.
Sec. 54. Upon filing an answer or upon the expiration of the time
for its filing, the commission on judicial qualifications shall order
a hearing to be held before it concerning the discipline, retirement,
or removal of the judge. The commission on judicial qualifications
shall set an approximate date, time, and place for a hearing and
shall give notice of the hearing by registered or certified mail to the
judge and to the counsel at least twenty (20) days before the date
set.
Sec. 55. (a) At the date, time, and place set for hearing, the
commission on judicial qualifications may proceed with the
hearing whether or not the judge has filed an answer or appears at
the hearing.
(b) The failure of the judge to answer or to appear at the
hearing, standing alone, may not be taken as evidence of the truth
of the facts alleged to constitute grounds for censure, retirement,
or removal. In any proceeding for involuntary retirement for
disability, the failure of the judge to testify in the judge's own
behalf or to submit to a medical examination requested by the
commission on judicial qualifications may be considered, unless the
failure to appear was due to circumstances beyond the judge's
control.
(c) The proceedings at the hearing shall be reported verbatim.
(d) At least four (4) members of the commission on judicial
qualifications must be present when the evidence is produced.
Sec. 56. At a hearing before the commission on judicial
qualifications the evidentiary rules of the courts of Indiana apply.
Sec. 57. (a) In formal proceedings involving the judge's
discipline, retirement, or removal, a judge has the right and
reasonable opportunity to defend against the charges by the
introduction of evidence, to be represented by counsel, and to
examine and cross-examine witnesses. The judge has the right to
the issuance of subpoenas for attendance of witnesses to testify or
produce books, papers, and other evidentiary matter.
(b) When a transcript of the testimony has been prepared at the
expense of the commission on judicial qualifications, a copy shall
be furnished without cost to the judge. The judge has the right,
without any order or approval, to have all or any part of the
testimony in the proceedings transcribed at the judge's expense.
(c) Except as otherwise provided in this chapter, whenever
provision is made for giving notice or sending any matter to the
judge, that notice or matter must be mailed by registered or
certified mail to the judge at the judge's office and residence unless
the judge requests otherwise in writing, and a copy is mailed to the
judge's attorney of record.
(d) If the judge has been adjudged incapacitated under IC 29-3,
the guardian may claim and exercise any right and privilege and
make any defense for the judge with the same force and effect as if
claimed, exercised, or made by the judge, if competent, and
whenever these rules provide for serving or giving notice or
sending any matter to the judge, a copy of the notice or matter also
shall be served, given, or sent to the guardian.
Sec. 58. At any time before determination of the issues, the
commission on judicial qualifications may allow or require
amendments to the notice of formal proceedings and may allow
amendments to the answer. The notice may be amended to
conform to proof or to set forth additional facts, whether occurring
before or after the commencement of the hearing. If an amendment
is made, the judge shall be given reasonable time both to answer
the amendment and to prepare and present the judge's defense
against the matters charged thereby.
Sec. 59. The commission on judicial qualifications may order a
hearing for the taking of additional evidence at any time while the
matter is pending before it. The order must set the date, time, and
place of the hearing in St. Joseph County and must indicate the
matters on which the evidence is to be taken. A copy of the order
shall be sent by registered or certified mail to the judge and to the
counsel at least ten (10) days before the date of the hearing.
Sec. 60. If the commission on judicial qualifications finds good
cause, it shall recommend to the supreme court the censure,
retirement, or removal of the judge. The affirmative vote of four
(4) members of the commission on judicial qualifications, including
a majority of those who were present at the hearing or hearings
when the evidence was produced, is required for a
recommendation of discipline, retirement, or removal of a judge.
Sec. 61. Upon making a determination recommending the
censure, retirement, or removal of a judge, the commission on
judicial qualifications shall promptly file a copy of the
recommendation certified by the chairman or secretary of the
commission, together with the transcript and findings and
conclusions, with the clerk of the supreme court and shall promptly
mail to the judge and to the counsel notice of the filing, together
with a copy of the recommendation, finding, and conclusions.
Sec. 62. (a) A petition to the supreme court to modify or reject
the recommendation of the commission on judicial qualifications
for censure, retirement, or removal of a judge may be filed by the
judge within thirty (30) days after the filing with the clerk of the
supreme court of the certified copy of the commission's
recommendation. The petition must:
(1) be verified;
(2) be based on the record;
(3) specify the grounds relied on; and
(4) be accompanied by petitioner's brief together with proof
of service on the commission of two (2) copies, and on the
counsel of one (1) copy, of the petition and the brief.
Within twenty (20) days after service of petitioner's brief the
commission on judicial qualifications shall file a respondent's brief
and serve a copy of the respondent's brief on the judge. Within
twenty (20) days after service of the respondent's brief, the
petitioner may file a reply brief, two (2) copies of which shall be
served on the commission on judicial qualifications and one (1)
copy shall be served on the counsel.
(b) Failure to file a petition within the time provided is
considered a consent to the determination on the merits based upon
the record filed by the commission on judicial qualifications.
(c) To the extent necessary to implement this section and if not
inconsistent with this section, the Indiana Rules of Appellate
Procedure are applicable to reviews by the supreme court of
commission on judicial qualifications proceedings.
Sec. 63. The commission on judicial qualifications has
jurisdiction and powers necessary to conduct the proper and
speedy disposition of any investigation or hearing, including the
power to compel the attendance of witnesses, to take or cause to be
taken the deposition of witnesses, and to order the production of
books, records, or other documentary evidence. Any member of the
commission on judicial qualifications may administer oaths and
affirmations to witnesses in any matter within the jurisdiction of
the commission.
Sec. 64. Subpoenas for the attendance of witnesses and the
production of documentary evidence between the commission on
judicial qualifications or for discovery shall be issued by the
chairman of the commission and shall be served in the manner
provided by law for the service of process.
Sec. 65. If in any proceeding before the commission on judicial
qualifications, any witness fails or refuses to attend upon subpoena
issued by the commission or any of the commission's
representatives, or appearing, refuses to testify or refuses to
produce any books and papers the production of which is called for
by the subpoena, the attendance of any witness and the giving of
the witness's testimony and the production of the books and papers
required shall be enforced by the St. Joseph circuit court.
Sec. 66. All papers and pleadings filed with the chairman of the
commission on judicial qualifications at the chairman's office shall
be considered filed with the commission.
Sec. 67. (a) In all formal proceedings, discovery shall be
available to the commission on judicial qualifications and to the
judge in accordance with the Indiana Rules of Civil Procedure.
Any motions requesting court orders for discovery shall be made
to the St. Joseph circuit court.
(b) In all formal proceedings before the commission on judicial
qualifications, the counsel shall furnish to the judge not less than
twenty (20) days before any hearing the following:
(1) The names and addresses of all witnesses whose testimony
the counsel expects to offer at the hearing together with copies
of all written statements and transcripts of testimony of the
witnesses in the possession of the counsel or the commission
that are relevant to the subject matter of the hearing and that
have not previously been furnished the judge.
(2) Copies of all documentary evidence that the counsel
expects to offer in evidence at the hearing. The testimony of
any witness, except if offered in rebuttal or for impeachment,
whose name and address have not been furnished to the judge,
and documentary evidence, copies of which have not been
furnished to the judge, as provided in this subsection, are not
admissible in evidence at the hearing over the objection of the
judge. After formal proceedings have been instituted, the
judge may request in writing that the counsel furnish to the
judge the names and addresses of all witnesses then or
thereafter known to the counsel who have information that
may be relevant to any charge against the judge and to any
defense of the judge with respect to the charge. The counsel
shall also furnish copies of such written statements,
transcripts of testimony, and documentary evidence as are
then or thereafter known to the counsel and are then or
thereafter in the possession of the counsel or the commission
that are relevant to any charges or defense and that have not
previously been furnished the judge. The counsel shall comply
with a request within ten (10) days after receipt of the request
and thereafter within ten (10) days after any information or
evidence becomes known to the counsel.
(c) During the course of an investigation by the commission on
judicial qualifications, the judge whose conduct is being
investigated may demand in writing that the commission either
institute formal proceedings against the judge or enter a formal
finding that there is not probable cause to believe that the judge is
guilty of any misconduct. The commission on judicial qualifications
shall within sixty (60) days after the judge's demand comply with
the demand. A copy of the demand must be filed with the supreme
court and is a matter of public record. If, after a demand, the
commission on judicial qualifications finds that there is not
probable cause, that finding must be filed with the supreme court
and is a matter of public record.
Sec. 68. (a) Whenever a judge of a St. Joseph County court is
retired by the supreme court under this chapter and on the
grounds set forth in sections 44 and 46 of this chapter, the judge is
considered to have retired voluntarily. In these situations, this
chapter may not be construed to authorize any encroachment upon
or impairment of any rights of the judge or the judge's surviving
spouse under any constitutional or statutory retirement program.
(b) A judge of a St. Joseph County court who is removed from
office by the supreme court on those grounds set forth in sections
44 and 46 of this chapter, is ineligible for judicial office and,
pending further order of the supreme court, shall be suspended
from the practice of law in Indiana.
Sec. 69. (a) The court may appoint two (2) full-time magistrates
under IC 33-23-5 to serve the court using the selection method
provided by IC 36-1-8-10(b)(1) or IC 36-1-8-10(b)(2). Not more
than one (1) of the magistrates appointed under this section may be
a member of the same political party.
(b) A magistrate continues in office until removed by the judges
of the court.
(c) The powers of a magistrate appointed under this section
include the powers provided in IC 33-23-5 and the power to enter
a final order or judgment in any proceeding involving matters
specified in IC 33-29-2-3 (jurisdiction of small claims docket) or
IC 34-26-5 (protective orders to prevent domestic or family
violence).
Chapter 72. Scott County
Sec. 1. Scott County constitutes the sixth judicial circuit.
Sec. 2. (a) There is established a court of record to be known as
the Scott superior court.
(b) The Scott superior court is a standard superior court as
described in IC 33-29-1.
(c) Scott County comprises the judicial district of the court.
Sec. 3. The Scott superior court has one (1) judge who shall hold
sessions in Scottsburg.
Sec. 4. The Scott superior court has the same jurisdiction as the
Scott circuit court.
Sec. 5. The Scott superior court has a standard small claims and
misdemeanor division.
Chapter 73. Shelby County
Sec. 1. Shelby County constitutes the sixteenth judicial circuit.
Sec. 2. (a) There are established two (2) courts of record to be
known as the Shelby superior court No. 1 and the Shelby superior
court No. 2.
(b) Except as otherwise provided in this chapter, each Shelby
superior court is a standard superior court as described in
IC 33-29-1.
(c) Shelby County comprises the judicial district of the courts.
Sec. 3. Each Shelby superior court has one (1) judge who shall
hold sessions in the Shelby County courthouse in Shelbyville.
Sec. 4. (a) This section does not apply to criminal cases.
(b) If the transcript of the original papers in a civil action or
proceeding received by the clerk of the Shelby circuit court and
Shelby superior courts on change of venue from another county
contains an order of the court from which venue was changed
designating the court to which the case is to be transferred, the
clerk shall file the action or proceeding on the docket of the
designated court.
(c) If the transcript of the original papers in a civil action or
proceeding does not contain an order designating the court to
which the case is to be transferred, the clerk shall alternately file
each action or proceeding on the docket of the Shelby circuit court
and the docket of the Shelby superior courts depending on the
order and sequence in which the papers of the cases reach the
clerk.
Sec. 5. (a) This section does not apply to criminal cases.
(b) Notwithstanding IC 33-29-1-9, after any action or
proceeding is docketed in a Shelby superior court or the Shelby
circuit court on change of venue, all parties who have appeared in
the case in person or by counsel may agree on and request a
transfer from a superior court to the circuit court or from the
circuit court to a superior court.
(c) Upon the agreement of all parties, the court in which the
action is pending shall order the case transferred to the other
court. The clerk shall transmit the original papers of the case to the
other court and docket the case in the other court without any
transcript being required.
(d) All further proceedings in the case shall take place in the
court to which the case is transferred. If the case is one in which
the prosecuting attorney is required to appear and defend and a
party fails to appear or to employ counsel, the prosecuting attorney
has the right to agree to the transfer instead of the nonappearing
party or counsel.
Sec. 6. The Shelby superior courts have the same jurisdiction as
the Shelby circuit court, except that Shelby superior court No. 1
has exclusive juvenile jurisdiction in the county.
Sec. 7. Shelby superior court No. 2 has a standard small claims
and misdemeanor division.
Chapter 74. Spencer County
Sec. 1. (a) Spencer County constitutes the eighty-fourth judicial
circuit.
(b) The Spencer circuit court has a standard small claims and
misdemeanor division.
Chapter 75. Starke County
Sec. 1. (a) Starke County constitutes the forty-fourth judicial
circuit.
(b) The Starke circuit court has a standard small claims and
misdemeanor division.
Sec. 2. The judge of the Starke circuit court may appoint one (1)
full-time magistrate under IC 33-23-5. The magistrate continues in
office until removed by the judge.
Sec. 3. All inherent powers of judicial mandate in Starke County
remain vested solely in the judge of the Starke circuit court.
Chapter 76. Steuben County
Sec. 1. (a) Steuben County constitutes the eighty-fifth judicial
circuit.
(b) The judges of the Steuben circuit and superior courts may
jointly appoint one (1) full-time magistrate under IC 33-23-5 to
serve the circuit and superior courts.
(c) The magistrate continues in office until removed by the
judges of the Steuben circuit and superior courts.
Sec. 2. (a) There is established a court of record to be known as
the Steuben superior court.
(b) The Steuben superior court is a standard superior court as
described in IC 33-29-1.
(c) Steuben County comprises the judicial district of the court.
Sec. 3. The Steuben superior court has one (1) judge who shall
hold sessions in:
(1) the Steuben County courthouse in Angola; or
(2) other places in the county that the Steuben County
executive may provide.
Sec. 4. The Steuben superior court has the same jurisdiction as
the Steuben circuit court.
has the same powers relating to the conduct of the business of the
court as a judge of a circuit court under IC 33-28-1.
Sec. 6. The judge of the Ohio and Switzerland superior court is
entitled to the salary set out in IC 33-38-5. The salary shall be paid
in the same manner as the salary of a circuit court judge, and the
part of the salary to be paid by the counties shall be paid by Ohio
and Switzerland counties in equal amounts.
Sec. 7. (a) The Ohio and Switzerland superior court shall hold
its sessions in:
(1) the courthouse in Rising Sun and in Vevay; or
(2) other places in the county as the board of county
commissioners of Ohio County or Switzerland County may
provide.
(b) Each board of county commissioners shall provide and
maintain a suitable courtroom and other rooms and facilities,
including furniture and equipment, as may be necessary. Each
county council shall appropriate sufficient funds for the provision
and maintenance of such rooms and facilities.
Sec. 8. The judge of the Ohio and Switzerland superior 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 a circuit court. Their
salaries shall be paid monthly out of the treasuries of Ohio and
Switzerland counties as provided by law.
Sec. 9. The clerk of the Ohio and Switzerland superior court,
under the direction of the judge 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.
Sec. 10. The Ohio and Switzerland superior court shall, during
each calendar year, appoint one (1) resident of Ohio County and
one (1) resident of Switzerland County to act as jury
commissioners for the superior court. These jury commissioners
shall:
(1) be appointed by a judge of the superior court;
(2) be qualified to act as jury commissioners; and
(3) prepare and draw the jury for the superior court;
in the same manner as is required for jury commissioners of circuit
courts in Ohio and Switzerland counties. The clerks of the circuit
courts of Ohio and Switzerland counties and the sheriffs of Ohio
and Switzerland counties shall issue and serve process for the
superior court in relation to jury selection and summoning in the
same manner as for those circuit courts. The superior court may
order the time when jurors must attend court, and may order the
selection and summoning of other jurors for the superior court
whenever necessary.
Sec. 11. The judge of the circuit courts in Ohio and Switzerland
counties may, with the consent of the judge of the Ohio and
Switzerland superior court, transfer any action or proceeding from
the circuit court that originated in Ohio County or Switzerland
County to the Ohio and Switzerland superior court. The judge of
the Ohio and Switzerland superior court may, with consent of the
judge of such a circuit court, transfer any action or proceeding
from the Ohio and Switzerland superior court to the circuit court
in the county where that action or proceeding originated.
Sec. 12. The judge of the circuit court in Ohio County or
Switzerland County may, with the consent of the judge of the Ohio
and Switzerland superior court, sit as a judge of the court in any
matter over which the judge would have had jurisdiction as circuit
court judge, as if the judge was an elected judge of the court. The
judge of the Ohio and Switzerland superior court may, with
consent of the judge of a circuit court, sit as a judge of a circuit
court in Ohio County or Switzerland County in any matter over
which the judge would have jurisdiction as superior judge, as if the
judge were an elected judge of that circuit court.
Sec. 13. The Ohio and Switzerland superior court has the same
jurisdiction as a circuit court under IC 33-28-3 and IC 33-28-1-2.
Sec. 14. The Ohio and Switzerland superior court has a
standard small claims and misdemeanor division.
Chapter 79. Tippecanoe County
Sec. 1. IC 33-29-1 does not apply to this chapter.
Sec. 2. Tippecanoe County constitutes the twenty-third judicial
circuit.
Sec. 3. (a) There is established a court of record to be known as
the superior court of Tippecanoe County.
(b) The superior court has one (1) judge, who shall hold office
for six (6) years, beginning on the first day of January after the
judge's election, and until the judge's successor is elected and
qualified. The judge shall be elected every six (6) years at the
general election.
Sec. 4. The judge of the superior court shall cause to be
provided a seal for the court. The seal must contain on its face the
words "Superior Court of Tippecanoe County". A description and
impression of the seal shall be spread upon the order book of the
court.
Sec. 5. The superior court shall hold its sessions at the
Tippecanoe County courthouse or at any other convenient place as
the board of county commissioners or the judge of the court may
provide in Lafayette.
Sec. 6. The superior court has the same original and appellate
jurisdiction possessed by the Tippecanoe circuit court in civil and
criminal cases, but not in matters of probate or juvenile
jurisdiction.
Sec. 7. The process of the superior court must have the seal
affixed, and be attested, directed, served, returned, and in the form
as is provided for process issuing from the circuit court.
Sec. 8. The superior court is a court of record and of general
jurisdiction, and its judgments, decrees, orders, and proceedings
have the same force and effect as those of the circuit court and
shall be enforced in the same manner.
Sec. 9. The superior court may:
(1) issue and direct all process to courts of inferior
jurisdiction, corporations, and individuals necessary in
exercising the court's jurisdiction and for the regular
execution of the law;
(2) make all proper judgments, sentences, decrees, orders, and
injunctions;
(3) issue all process and executions; and
(4) perform other acts necessary to implement this chapter;
in conformity with the Constitution of the State of Indiana and
Indiana law.
Sec. 10. The judge of the court may grant restraining orders and
injunctions; issue writs of habeas corpus and of mandate and
prohibition; appoint receivers, master commissioners, and
commissioners to convey real property; grant commissions for the
examination of witnesses; and appoint other officers necessary to
facilitate and transact the business of said court, conferred on
circuit courts or circuit court judges.
Sec. 11. (a) The judge of the court:
(1) may make and adopt rules and regulations for conducting
the business of the court; and
(2) has the power incident to a court of record in relation to
the attendance of witnesses, the punishment of contempts, and
the enforcement of its orders.
(b) The judge of the court may:
(1) administer oaths;
discharge all the duties pertaining to their respective office as they
are required to do by law with reference to the Tippecanoe circuit
court.
(b) The judge of superior court No. 2 of Tippecanoe County
shall appoint a bailiff and an official reporter for the court to serve
during the court. The judge shall fix their compensation within the
limits and in the manner provided by law concerning bailiffs and
official court reporters. The compensation shall be paid monthly
out of the treasury of Tippecanoe County, in the manner provided
by law.
Sec. 5. (a) Superior court No. 2 of Tippecanoe County shall hold
sessions in a place to be determined by the county council of
Tippecanoe County.
(b) The board of county commissioners of Tippecanoe County
shall provide and maintain in the courthouse or at another
convenient place as the board of commissioners or the judge of the
court may provide at the county seat:
(1) a suitable and convenient courtroom for the holding of
court; and
(2) a suitable and convenient jury room and offices for the
judge and the official court reporter.
(c) The board of county commissioners shall provide all
necessary furniture and equipment for the rooms and offices of the
court and all necessary dockets, books, and records for the court.
(d) The county council shall make the necessary appropriations
from the general fund of the county for the purpose of carrying out
this chapter.
Sec. 6. Superior court No. 2 of Tippecanoe County has the same
original and appellate jurisdiction possessed by the Tippecanoe
circuit court in civil and criminal cases, but not in matters of
probate or juvenile jurisdiction.
Sec. 7. (a) The judge of superior court No. 2 of Tippecanoe
County may make and adopt rules and regulations for conducting
the business of superior court No. 2 of Tippecanoe County.
(b) The judge has all powers incident to a court of record in
relation to the attendance of witnesses and punishment for
contempt and the power to enforce the judge's orders. The judge
may:
(1) administer oaths;
(2) solemnize marriages;
(3) take and certify acknowledgments of deeds;
(4) give all necessary certificates for the authentication of
records and proceedings of the court; and
(5) make and execute certificates of qualification and moral
character of persons petitioning to be commissioned as
notaries public.
Sec. 8. (a) The judge of the Superior Court No. 2 of Tippecanoe
County may, with the consent of the judge of the superior court of
Tippecanoe County, transfer any action, cause, or proceeding
pending in superior court No. 2 of Tippecanoe County to the
superior court of Tippecanoe County by transferring all original
papers, instruments and orders filed in the action, cause, or
proceeding without further transcript to be redocketed and
disposed of as if originally filed with the superior court of
Tippecanoe County, if:
(1) the action, cause, or proceeding could have been originally
filed and docketed in the superior court of Tippecanoe
County; and
(2) both judges believe the transfer will expedite the
disposition of the case, expedite the work of either court, or
equalize the work load between the two (2) courts.
(b) The judge of the superior court of Tippecanoe County may,
with the consent of the judge of the superior court No. 2 of
Tippecanoe County, transfer any action, cause, or proceeding
pending in the superior court of Tippecanoe County to the superior
court No. 2 of Tippecanoe County by transferring all original
papers, instruments, and orders filed in the action, cause, or
proceeding without further transcript to be redocketed and
disposed of as if originally filed with the superior court No. 2 of
Tippecanoe County if:
(1) the action, cause, or proceeding could have been originally
filed and docketed in the superior court No. 2 of Tippecanoe
County; and
(2) both judges believe the transfer will expedite the
disposition of the case, expedite the work of either court, or
equalize the work load between the two (2) courts.
Chapter 79.3. Tippecanoe Superior Court No. 3
Sec. 1. IC 33-29-1 does not apply to this chapter.
Sec. 2. There is established a court of record to be known as the
Tippecanoe superior court No. 3 (referred to as the court in this
chapter). The court may have a seal containing the words
"Tippecanoe Superior Court No. 3, Tippecanoe County, Indiana".
Tippecanoe County comprises the judicial district of the court.
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) be admitted to the bar of Indiana.
Sec. 4. The court has the same jurisdiction as the Tippecanoe
circuit court except that the court does not have probate
jurisdiction.
Sec. 5. The judge of the court has the same powers relating to
the conduct of the business of the court as the judge of the
Tippecanoe circuit court. The judge of the court also may
administer oaths, solemnize marriages, and take and certify
acknowledgments of deeds.
Sec. 6. The 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 Tippecanoe circuit court. Their salaries shall be
paid monthly out of the treasury of Tippecanoe County as provided
by law.
Sec. 7. The clerk of the court, under the direction of the judge 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.
Sec. 8. The court shall hold its sessions in:
(1) the Tippecanoe County courthouse in Lafayette; or
(2) other places in the county as the Tippecanoe County
executive may provide.
The county executive shall provide and maintain a suitable
courtroom and other rooms and facilities, including furniture and
equipment, as necessary. The Tippecanoe County fiscal body shall
appropriate sufficient funds for the provision and maintenance of
these rooms and facilities.
Sec. 9. The judge of the Tippecanoe circuit court or Tippecanoe
superior court No. 1 or No. 2 may, with the consent of the judge of
the court, transfer any action or proceeding from the circuit court
or superior court No. 1 or No. 2 to the court and the judge of the
court may, with consent of the judge of the circuit or other
superior court, transfer any action or proceeding from the court to
the circuit or other superior court, if the action or proceeding
could have been originally filed in the receiving court.
Sec. 10. The judge of the Tippecanoe circuit or other superior
court may, with the consent of the judge of the court, sit as a judge
of the court in any matter as if an elected judge of the court. The
judge of the court may, with the consent of the judge of the circuit
or other superior court, sit as a judge of the circuit or other
superior court in any matter as if an elected judge of the circuit or
other superior court.
Sec. 11. The jury commissioners appointed by the judge of the
Tippecanoe circuit court shall serve as the jury commissioners for
the court. Juries shall be selected in the same manner as juries for
the Tippecanoe circuit court. The grand jury selected for the
Tippecanoe circuit court shall also serve as the grand jury for the
court as necessary.
Sec. 12. The judge of the court may adopt rules for conducting
the business of the court, consistent with the laws and court rules
of Indiana. However, when adopting local rules to govern in all the
courts of record in the county, the judges of the circuit and
superior courts shall act in concert. If there is a disagreement, the
decision of a majority of the judges controls. If there is a tie, the
decision joined by the circuit court judge controls.
Chapter 79.4. Tippecanoe Superior Courts No. 4, No. 5, and No.
6
Sec. 1. IC 33-29-1 does not apply to this chapter.
Sec. 2. There are established three (3) courts of record to be
known as:
(1) Tippecanoe superior court No. 4;
(2) Tippecanoe superior court No. 5; and
(3) Tippecanoe superior court No. 6;
(referred to as "the court" in this chapter). Tippecanoe superior
court No. 4, No. 5, and No. 6 may each have a seal containing the
words "Tippecanoe Superior Court No. (Insert Court Division
Number), Tippecanoe County, Indiana". Tippecanoe County
comprises the judicial district of each court.
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:
No. 6 shall jointly adopt rules to provide for the coordination and
conduct of the standard small claims and misdemeanor divisions
in the courts.
Sec. 15. (a) The judges of Tippecanoe superior court No. 4, No.
5, and No. 6, by rules jointly adopted by the courts, shall designate
one (1) of the judges of the courts as presiding judge for the
standard small claims and misdemeanor divisions of the courts.
(b) The presiding judge shall insure that the standard small
claims divisions operate efficiently.
Chapter 80. Tipton County
Sec. 1. (a) Tipton County constitutes the thirty-sixth judicial
circuit.
(b) The Tipton circuit court has a standard small claims and
misdemeanor division.
Chapter 81. Union County
Sec. 1. (a) Union County constitutes the eighty-ninth judicial
circuit.
(b) The Union circuit court has a standard small claims and
misdemeanor division.
Chapter 82. Vanderburgh County
Sec. 1. IC 33-29-1 does not apply to this chapter.
Sec. 2. Vanderburgh County constitutes the first judicial circuit.
Sec. 3. The judge of the Vanderburgh circuit court may appoint
one (1) full-time magistrate under IC 33-23-5. The magistrate
continues in office until removed by the judge.
Sec. 4. All inherent powers of judicial mandate in Vanderburgh
County remain vested in the judges of the county.
Sec. 5. There is established a superior court in Vanderburgh
County that consists of seven (7) judges who hold office for six (6)
years and until their successors are elected and qualified.
Sec. 6. (a) The judges of the Vanderburgh superior court may
jointly appoint not more than four (4) full-time magistrates under
IC 33-23-5.
(b) A magistrate continues in office until jointly removed by the
judges.
Sec. 7. The court shall be known as the Vanderburgh Superior
Court.
Sec. 8. The court shall have a seal consisting of a circular disk
containing the words "Vanderburgh Superior Court", "Indiana",
and "Seal", and a design as the court may determine, an
impression of which shall be spread of record upon the order book
of the court.
the judges of the circuit court; and to appoint officers necessary to
facilitate the business of the superior court.
Sec. 14. (a) The Vanderburgh superior court shall hold sessions
in the Vanderburgh County courthouse in Evansville or its
replacement.
(b) The board of county commissioners of Vanderburgh County
shall:
(1) provide and maintain in the courthouse suitable and
convenient courtrooms for the holding of the court, suitable
and convenient jury rooms, offices for the judges, secretaries,
and official court reporters, and other facilities as necessary;
and
(2) provide all the necessary furniture and equipment for the
rooms and offices of the court.
Sec. 15. The clerk, under the direction of the superior court,
shall provide:
(1) order books;
(2) judgment dockets;
(3) execution dockets;
(4) fee books; and
(5) other books, papers, and records necessary for the court.
All books, papers and proceedings of the court shall be kept
distinct and separate from those of other records.
Sec. 16. The superior court shall maintain order books as the
court determines necessary for the entire court. An order book
may be signed on behalf of the court by any of the sitting judges of
the court and the signature constitutes authentication of the actions
of each of the judges in the court.
Sec. 17. Each judge of the superior court shall appoint a court
reporter, a bailiff, and a riding bailiff for the court whose salaries
shall be fixed by the court and paid as provided by law and who
serves at the pleasure of the judge making the appointment.
Sec. 18. The superior court may appoint additional officers and
personnel as necessary for the proper administration of the duties
of the court, whose salaries shall be fixed by the court and who
serve at the pleasure of the court.
Sec. 19. The court shall appoint probation officers who shall
perform the same duties and receive the same compensation as is
provided by law.
Sec. 20. All laws of the state and all rules adopted by the
supreme court governing the circuit court in matters of pleading,
practice, the issuing and service of process, the giving of notice, the
appointment of judges pro tempore and special judges, changes of
venue from the judge and from the county, adjournments by the
court and by the clerk in the absence of the judge, and the selection
of jurors for the court are applicable to and govern the superior
court.
Sec. 21. (a) The clerk of the Vanderburgh circuit court and the
jury commissioners appointed by the Vanderburgh circuit court
shall serve as jury commissioners for the superior court. The
issuing and servicing of process shall be governed by the procedure
specified in IC 33-28-4-3 for the circuit court. The selection of
jurors may be made either:
(1) as specified for the circuit court in IC 33-28-4-3; or
(2) from a list of persons in the county who are at least
eighteen (18) years of age and who hold a valid license issued
by the bureau of motor vehicles under IC 9-24.
(b) The jurors do not have to serve in any particular order in
which they are drawn by the jury commissioners.
(c) Any judge of the court may order the selection and
summoning of other jurors for the court whenever necessary. The
jurors summoned under this subsection shall serve the entire court
and before any judge of the court where their service may be
required.
(d) The contractor operating a license branch under IC 9-16 for
Vanderburgh County shall, not later than January 1 of each year,
provide to the jury commissioners of the Vanderburgh superior
courts a list of all persons at least eighteen (18) years of age who
hold a valid license issued by the bureau of motor vehicles.
Sec. 22. Any party may appeal to the supreme court or the court
of appeals from any order or judgment of the superior court in any
case where an appeal may be had from a similar order or
judgment of the circuit court. The appeal is governed by the law
and rules governing appeals to the court of appeals and the
supreme court.
Sec. 23. The process of the superior court must have the seal
affixed and be attested, directed, served, returned, and in the form
as is provided for process issuing from the circuit court.
Sec. 24. The superior court, by rules adopted by the court, shall
designate one (1) of the judges as presiding judge and fix the time
the presiding judge presides. The presiding judge is responsible for
the operation and conduct of the court and to seeing that the court
operates efficiently and judicially.
Sec. 25. When any action of the entire court is required, the
sitting judges of the court shall act in concert. If there is a
disagreement, the decision of the majority of the sitting judges
controls.
Sec. 26. The judge of the circuit court may, with the consent of
the superior court, transfer any action, cause, or proceeding filed
and docketed in the circuit court to the superior court by
transferring all original papers and instruments filed in the action,
cause, or proceeding without further transcript to be redocketed
and disposed of as if originally filed with the superior court.
Sec. 27. Any judge of the superior court may, with the consent
of the judge of the circuit court transfer any action, cause, or
proceeding filed and docketed in the superior court to the circuit
court by transferring all original papers and instruments filed in
the action, cause, or proceeding without further transcript to be
redocketed and disposed of as if originally filed with the circuit
court.
Sec. 28. The judge of the Vanderburgh circuit court may sit as
a judge of the superior court, with the court's permission, in all
matters pending before the superior court, without limitation and
without any further order, in the same manner as if the judge were
a judge of the superior court with all the rights and powers as if the
judge were an elected judge of the superior court.
Sec. 29. The superior court shall submit its budget estimates
annually to the auditor of the county for presentment and approval
by the county council, as provided in IC 36-2-5.
Sec. 30. The Vanderburgh superior court has a standard small
claims and misdemeanor division.
Sec. 31. (a) The judge of the Vanderburgh circuit court and each
of the seven (7) judges of the Vanderburgh superior court shall be
elected in nonpartisan elections every six (6) years.
(b) During the period under IC 3-8-2-4 in which a declaration
of candidacy may be filed for a primary election, any person
desiring to become a candidate for any one (1) of the eight (8)
judgeships affected by this chapter shall file with the election
division a declaration of candidacy adapted from the form
prescribed under IC 3-8-2, signed by the candidate and designated
which judgeship the candidate seeks. Any petition without the
designation shall be rejected by the election division (or by the
Indiana election commission under IC 3-8-1-2). To be eligible for
election, a candidate must be:
(1) domiciled in the county of Vanderburgh;
(2) a citizen of the United States; and
to grant restraining orders and injunctions; to issue writs of habeas
corpus; to appoint receivers, masters, and commissioners to convey
real property; to grant commissions for the examination of
witnesses; to appoint other officers necessary to facilitate and
transact the business of the court as conferred on circuit courts or
the circuit court judges; and to appoint such officers necessary to
facilitate the business of the court.
Sec. 9. (a) The superior court may appoint commissioners,
probate commissioners, referees, juvenile referees, bailiffs, court
reporters, probation officers, and other personnel, including an
administrative officer, as the court believes are 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 the 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 appointed shall perform the duties as are prescribed
by the court. Any such commissioners, probate commissioners,
referees, juvenile referees, probation officers, and other personnel
appointed by the court serve at the pleasure of the court.
(b) Any probate commissioner appointed by the court may be
vested by the 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 the 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 the court, the enforcement of court rules and regulations,
and making of reports to the court, including the taking and
hearing of evidence together with the commissioner's findings and
conclusions, under the final jurisdiction and decision of the judges
of the court.
(c) Any juvenile referee appointed by the court may be vested
by the 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 the referee's doings under final jurisdiction
and decision of the judges of the court.
(d) A probate commissioner and juvenile referee may summon
witnesses to testify before the commissioner and juvenile referee,
administer oaths, and take acknowledgments in connection with
and in furtherance of their duties and powers.
Sec. 10. (a) The Vigo superior court shall hold its sessions in the
Vigo County courthouse or its replacement in Terre Haute.
(b) The board of county commissioners of Vigo County shall:
(1) provide and maintain in the courthouse suitable and
convenient courtrooms for the holding of the court, suitable
and convenient jury rooms, offices for the judges, secretaries,
and official court reporters, and other facilities as may be
necessary; and
(2) provide all the necessary furniture and equipment for the
rooms and offices of the court.
Sec. 11. The clerk, under the direction of the superior court,
shall provide:
(1) order books;
(2) judgment dockets;
(3) execution dockets;
(4) fee books; and
(5) other books, papers, and records;
as may be necessary for the court. All books, papers, and
proceedings of the court shall be kept distinct and separate from
those of other records.
Sec. 12. The superior court shall maintain order books as the
court may determine necessary for the entire court, which may be
signed on behalf of the court by any of the sitting judges of the
court. The signature constitutes authentication of the actions of
each of the judges in the court.
Sec. 13. Each judge of the superior court shall appoint a court
reporter, a bailiff, and a secretary for the court whose salaries shall
be fixed by the court and paid as provided by law, and who serve
at the pleasure of the judge making the appointment.
Sec. 14. The superior court may appoint additional officers and
personnel as may be necessary for the proper administration of the
duties of the court, whose salaries shall be fixed by the court and
who serve at the pleasure of the court.
Sec. 15. The superior court shall appoint probation officers who
shall perform the same duties and receive the same compensation
as is provided by law.
Sec. 16. The clerk of the Vigo circuit court and the jury
commissioners appointed by the Vigo circuit court shall serve as
jury commissioners for the superior court and shall be governed in
all respects as provided for the selection of jurors and the issuing
and servicing of process. However, the jurors need not serve in any
particular order in which they are drawn by the jury
commissioners. In addition, any judge of the superior court may
order the selection and summoning of other jurors for the court
whenever necessary and the jurors shall serve the entire court and
before any judge of the court where their service is required.
Sec. 17. The process of the superior court must have the seal
affixed and be attested, directed, served, returned, and in the form
as is provided for process issuing from the circuit court.
Sec. 18. The superior court, by rules adopted by the court, may
designate one (1) of the judges as presiding judge and fix the time
the presiding judge presides. The presiding judge is responsible for
the operation and conduct of the court and seeing that the court
operates efficiently and judicially.
Sec. 19. The judges of the superior court may sit en banc and act
in concert. The judge of the circuit court may also sit en banc with
the judges of the superior court. If there is a disagreement while
sitting en banc, the decision of the majority of the judges controls.
However, in the absence of a majority, the decision of the presiding
judge controls.
Sec. 20. The judge of the Vigo circuit court may sit as a judge of
the superior court, with the court's permission, in all matters
pending before the superior court, without limitation and without
any further order, in the same manner as if the judge were an
elected judge of the superior court.
Sec. 21. Vigo superior court has a standard small claims and
misdemeanor division.
Chapter 85. Wabash County
Sec. 1. Wabash County constitutes the twenty-seventh judicial
circuit.
Sec. 2. (a) There is established a court of record to be known as
the Wabash superior court.
(b) The Wabash superior court is a standard superior court as
described in IC 33-29-1.
(c) Wabash County comprises the judicial district of the court.
Sec. 3. The Wabash superior court has one (1) judge who shall
hold sessions in:
(1) the Wabash County courthouse in Wabash; or
(2) other places in the county that the Wabash County
executive provides.
Sec. 4. The Wabash superior court has the same jurisdiction as
the Wabash circuit court.
Sec. 5. The Wabash superior court has a standard small claims
and misdemeanor division.
Chapter 86. Warren County
Sec. 1. (a) Warren County constitutes the twenty-first judicial
circuit.
(b) The Warren circuit court has a standard small claims and
misdemeanor division.
Chapter 87. Warrick County
Sec. 1. IC 33-29-1 does not apply to this chapter.
Sec. 2. Warrick County constitutes the second judicial circuit.
Sec. 3. There are established two (2) courts of record to be
known as "Warrick superior court No. 1" and "Warrick superior
court No. 2".
Sec. 4. Each superior court shall have a seal consisting of a
circular disk containing the words "Warrick Superior Court No.
1" or "Warrick Superior Court No. 2" and a design as each court
may determine.
Sec. 5. Each superior court's judgments, decrees, orders, and
proceedings have the same force and effect and shall be enforced
in the same manner as those of the circuit court.
Sec. 6. Each superior court has the same jurisdiction as the
Warrick circuit court.
Sec. 7. (a) The judge of the circuit court may, with the consent
of a superior court, transfer any action, cause, or proceeding filed
and docketed in the circuit court to the superior court by
transferring all original papers and instruments filed in the action,
cause, or proceeding, without further transcript, to be redocketed
and disposed of as if originally filed with the court.
(b) The judge of a superior court may, with the consent of the
judge of the circuit court, transfer any action, cause, or proceeding
filed and docketed in the court to the circuit court by transferring
all original papers and instruments filed in the action, cause, or
proceeding, without further transcript, to be redocketed and
disposed of as if originally filed with the circuit court.
(c) The judge of a superior court may, with the consent of the
judge of the other superior court, transfer any action, cause, or
proceeding filed and docketed in the court to the other court to be
redocketed and disposed of as if originally filed with the other
court.
Sec. 8. (a) The judge of the Warrick circuit court may, with a
superior court's permission, sit and act as a judge of the superior
court in all matters before the court, without limitation and
without any further order in the same manner and with all the
rights and powers as if the judge were an elected judge of the
superior court.
(b) The judge of the Warrick superior court No. 1 or Warrick
superior court No. 2 may, with the circuit court's permission, sit
and to act as a judge of the circuit court in all matters pending
before the circuit court, without limitation and without any further
order in the same manner and with all the rights and powers as if
the judge were the elected judge of the circuit court.
(c) The judge of a superior court may, with the consent of the
judge of the other superior court, sit as a judge of the other court
in any manner as if elected as the judge of the other court.
Sec. 9. (a) The Warrick superior court No. 1 or Warrick
superior court No. 2 may make rules for conducting the business
of the court.
(b) The Warrick superior court No. 1 or the Warrick superior
court No. 2 may issue warrants and issue and direct all processes
that are necessary in exercising the jurisdiction conferred under
this chapter. The Warrick superior court No. 1 or Warrick
superior court No. 2 may make all proper judgments, sentences,
decrees, and orders, issue all process, and do all acts necessary or
proper to carry the jurisdiction conferred under this chapter into
effect.
(c) The Warrick superior court No. 1 or the Warrick superior
court No. 2 has the same power as the circuit court or a judge of
the circuit court in relation to the attendance of witnesses, the
punishment of contempts, and the enforcing of a court's orders.
The Warrick superior court No. 1 or Warrick superior court No.
2 may administer oaths and give all necessary certificates for the
authentication of the records and proceedings of the court.
Sec. 10. There shall be one (1) judge of the Warrick superior
court No. 1 and one (1) judge of the Warrick superior court No. 2
who shall hold office for six (6) years, beginning on the first day of
January after a judge's election and until the judge's successor is
elected and qualified.
Sec. 11. The judge of the Warrick superior court No. 1 and the
Warrick superior court No. 2 shall be subject to all disciplinary
rules promulgated by the supreme court.
Sec. 12. The voters of Warrick County shall elect every six (6)
years a judge for the Warrick superior court No. 1 and a judge for
the Warrick superior court No. 2 at the general election.
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) be admitted to the practice of law in Indiana.
Sec. 14. Any vacancy occurring in the office of the judge of the
superior court shall be filled by appointment by the governor in the
same manner as are vacancies in the office of the judge of the
circuit court.
Sec. 15. Warrick superior court No. 1 has a standard small
claims and misdemeanor division. Warrick superior court No. 2
has a standard small claims and misdemeanor division.
Sec. 16. (a) All laws and rules adopted by the supreme court
enacted governing the circuit court in matters of pleading,
practice, the issuing and service of process, the giving of notice, the
appointing of judges pro tempore and special judges, changes of
venue from the judge and from the county, adjournments by the
court and by the clerk in the absence of the judge, and the selection
of jurors for the court are applicable to and govern the superior
courts.
(b) Notwithstanding subsection (a), in cases on the civil small
claims docket, the following exceptions to the laws and rules
described in subsection (a) apply:
(1) A defendant is considered to have complied with the
statute and rule requiring the filing of an answer upon
entering the defendant's appearance personally or by
attorney. An appearance is considered a general denial and
preserves all defenses and compulsory counterclaims that
may then be presented at the trial of the cause.
(2) If at the trial of the cause the court determines that the
complaint is so vague and ambiguous that the defendant was
unable to determine the nature of plaintiff's claim or that the
plaintiff is surprised by a defense or compulsory counterclaim
raised by the defendant that the plaintiff could not reasonably
have anticipated, the court shall grant a continuance.
(3) The trial must be informal, with the sole objective of
dispensing speedy justice between the parties according to the
rules of substantive law, and may not be bound by the
statutory provisions or rules of practice, procedure, pleadings,
or evidence except provisions relating to privileged
communications and offers of compromise.
Sec. 17. Whenever a trial by jury is demanded, a judge of the
superior court may call a jury from the list provided and used by
the circuit court, although the filing of a small claim shall be
considered a waiver of trial by jury by the plaintiff. The defendant
may, not later than ten (10) days after being served, make demand
for a trial by jury by affidavit stating that there are questions of
fact requiring a trial by jury, specifying them, and stating that the
demand is intended in good faith. The court shall then cause the
claim to be transferred to the regular docket and the defendant
shall pay the filing fee charged for filing civil actions in circuit
court. Upon transfer a claim loses its status as a small claim and is
subject to all ordinary rules and procedure.
Sec. 18. When the judgment or order in the small claims division
of the superior court is against the defendant, the defendant shall
pay the judgment or order immediately or at any time and upon
such terms and conditions as the judge prescribes. If the judge
orders that the judgment shall be paid in specified installments, the
judge may stay the issuance of execution and other supplementary
process during compliance with the order. The stay may be
modified or vacated by the court.
Sec. 19. All judgments rendered in the small claims division of
a superior court shall be properly recorded in the judgment docket
book of the court. The judgments are liens on real estate in the
same manner as judgments in a court of general jurisdiction
become liens on real estate under IC 34-55-9.
Sec. 20. An appeal of a judgment from a standard small claims
and misdemeanor division of a superior court shall be taken in the
same manner and under the same rules and statutes and with the
same assessment of costs as cases appealed from the circuit courts.
The appeal in a small claims case must be commenced and
perfected within thirty (30) days after the entry of judgment or the
right to appeal is waived.
Sec. 21. Each superior court shall appoint a bailiff, a court
reporter, and the additional personnel necessary to carry out the
business of the court. The duties, salaries, and terms of the bailiff
and recorder shall be regulated in the same manner as provided
for the circuit court.
Sec. 22. (a) Warrick superior court No. 1 and Warrick superior
court No. 2 shall hold sessions in:
(1) the Warrick County courthouse in Boonville; or
January after the judge's election and until the judge's successor
is elected and qualified. The judge of the court shall be elected
every six (6) years at the general election.
Sec. 3. Wayne County constitutes the judicial district of the
Wayne superior court No. 2. The court shall have a seal containing
the words "Wayne Superior Court No. 2, of Wayne County,
Indiana.".
Sec. 4. The judge of the Wayne superior court No. 2 shall
appoint a bailiff and an official court reporter for the court, to
serve at the pleasure of the court. The judge shall fix their
compensation within the limits and in the manner as may be
provided by law concerning bailiffs and official court reporters.
The compensation shall be paid monthly out of the treasury of
Wayne County in the manner provided by law.
Sec. 5. The terms of the Wayne Superior Court No. 2 shall be
held in a judicial district under IC 33-23-2.
Sec. 6. (a) The Wayne superior court No. 2 shall hold its sessions
in a place to be determined by the county council of Wayne
County.
(b) The board of county commissioners of Wayne County:
(1) shall provide and maintain in the courthouse:
(A) a suitable and convenient courtroom for the holding of
court; and
(B) suitable and convenient jury room and offices for the
judge and the official court reporter; and
(2) shall provide all necessary furniture and equipment for the
rooms and offices of the court, and all necessary dockets,
books, and records for the court.
(c) The county council shall make the necessary appropriations
from the general fund of the county for the purpose of carrying out
this chapter.
Sec. 7. The Wayne superior court No. 2 has the same
jurisdiction as the Wayne circuit court.
Sec. 8. The judge of the Wayne superior court No. 2:
(1) may make and adopt rules and regulations for conducting
the business of the Wayne superior court No. 2;
(2) has all powers incident to a court of record in relation to
the attendance of witnesses and punishment for contempt and
the power to enforce the judge's orders; and
(3) may administer oaths, solemnize marriages, take and
certify acknowledgments of deeds, give all necessary
certificates for the authentication of records and proceedings
of the court, and make and execute certificates of qualification
and moral character of persons petitioning to be
commissioned as notaries public.
Sec. 9. Jury commissioners for Wayne superior court No. 2 shall
be selected in the same manner, to the same effect, and subject to
the same limitations as those selected for the Wayne superior court
No. 1.
Sec. 10. All laws governing the powers, duties, and procedure of
jury commissioners in circuit courts and the duties of the clerk of
the court pertaining to selection of juries and other laws pertaining
to the drawing and recording of names of prospective petit jurors,
govern the jury commissioners appointed and the selection of petit
jurors in the Wayne superior court No. 2.
Chapter 89.3. Wayne Superior Court No. 3
Sec. 1. IC 33-29-1 does not apply to this chapter.
Sec. 2. There is established a court of record having general
jurisdiction to be known as the Wayne superior court No. 3
(referred to as "the court" in this chapter). The court may have a
seal containing the words "Wayne Superior Court No. 3, Wayne
County, Indiana". Wayne County comprises the judicial district of
the court.
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) be admitted to the bar of Indiana; and
(4) have practiced law at least five (5) years.
Sec. 4. The court has the same jurisdiction as the Wayne circuit
court and Wayne superior courts No. 1 and No. 2.
Sec. 5. The judge of the court has the same powers relating to
the conduct of business of the court as the judge of the Wayne
circuit court and the judges of Wayne superior courts No. 1 and
No. 2. The judge has all powers incident to a court of record in
relation to the attendance of witnesses and punishment for
contempt, and the power to enforce the judge's orders. The judge
may administer oaths, solemnize marriages, take and certify
acknowledgements of deeds, and give all necessary certificates for
the authentication of records and proceedings of the judge's court.
Sec. 6. The judge of the court may appoint a bailiff, official
court reporter, referee, commissioner, and any other personnel as
the judge considers necessary to facilitate and transact the business
of the court. The judge of the court shall fix their compensation
within the limits and in the manner as provided by law concerning
these officers and employees. These personnel serve at the pleasure
of the court and are paid monthly in the manner of payment for
officers and employees of Wayne circuit court and Wayne superior
courts No. 1 and No. 2.
Sec. 7. The clerk, under the direction of the judge 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.
Sec. 8. (a) The court shall hold its sessions in a place to be
determined and provided by the county council of Wayne County.
(b) The board of county commissioners of Wayne County:
(1) shall provide and maintain in the courthouse a suitable
and convenient courtroom for holding the court and suitable
and convenient jury room and offices for the judge, official
court reporter, and staff of the court; and
(2) shall provide all necessary furniture and equipment for the
rooms, offices, and employees of the court and all necessary
dockets, books, and records for the court.
(c) The county council shall make all necessary appropriations
from the general fund of the county for the purpose of carrying out
this chapter.
Sec. 9. Jury commissioners for the Wayne circuit court shall be
jury commissioners for the court.
Sec. 10. The judges of the Wayne circuit court and Wayne
superior courts No. 1 and No. 2 may, with the consent of the judge
of the court, sit as judge of the court in any matter in the small
claims and minor offenses division of the court, as if the judge were
an elected judge of the court.
Sec. 11. The judges of the Wayne circuit court and Wayne
superior courts No. 1 and No. 2 may, with the consent of the judge
of the court, transfer any action, cause, or proceeding filed and
docketed in the Wayne circuit court, Wayne superior court No. 1,
or Wayne superior court No. 2, to the court by transferring all
original papers and instruments filed in such an action, cause, or
proceeding. The action, cause, or proceeding shall be treated as if
originally filed with the court. The judge of the court may, with the
consent of the judge of the Wayne circuit court, Wayne superior
court No. 1, or Wayne superior court No. 2, transfer any action,
cause, or proceeding filed and docketed in the court, except a cause
properly docketed in the small claims or minor offenses division of
the court, to the Wayne circuit court, Wayne superior court No. 1,
or Wayne superior court No. 2, by transferring all original papers
and instruments filed in the action, cause, or proceeding. The
action, cause, or proceeding shall be treated as if originally filed
with the transferee court. However, if any cause, action, or
proceeding transferred under this section is later transferred on
change of venue to a court of another county or if any cause is
appealed to the court of appeals or supreme court of Indiana, then
the party taking the change of venue or appeal may have a
transcript made of the proceedings in each court, certified by the
clerk of that court. The transcript has the same force and effect
and gives the court to which it is taken on change of venue or
appeal the same jurisdiction, as though this transcript had been
originally made when the cause was transferred to the transferee
court.
Sec. 12. The Wayne superior court No. 3 has a standard small
claims and misdemeanor division.
Chapter 90. Wells County
Sec. 1. Wells County constitutes the twenty-eighth judicial
circuit.
Sec. 2. (a) There is established a court of record to be known as
the Wells superior court.
(b) The Wells superior court is a standard superior court as
described in IC 33-29-1.
(c) Wells County comprises the judicial district of the court.
Sec. 3. The Wells superior court has one (1) judge who shall
hold sessions in:
(1) the Wells County courthouse in Bluffton; or
(2) other places in the county that the Wells County executive
may provide.
Sec. 4. The Wells superior court has the same jurisdiction as the
Wells circuit court, except that the circuit court has juvenile
jurisdiction.
Sec. 5. The Wells superior court has a standard small claims and
misdemeanor division.
Chapter 91. White County
Sec. 1. White County constitutes the thirty-ninth judicial circuit.
Sec. 2. (a) There is established a court of record to be known as
the White superior court.
(b) The White superior court is a standard superior court as
described in IC 33-29-1.
(c) White County comprises the judicial district of the court.
Sec. 3. The White superior court has one (1) judge who shall
hold sessions in:
(1) the White County courthouse in Monticello; or
(2) other places in the county that the board of county
commissioners of White County may provide.
Sec. 4. The White superior court has the same jurisdiction as the
White circuit court.
Sec. 5. The White superior court has a standard small claims
and misdemeanor division.
Chapter 92. Whitley County
Sec. 1. Whitley County constitutes the eighty-second judicial
circuit.
Sec. 2. (a) There is established a court of record to be known as
the Whitley superior court.
(b) The Whitley superior court is a standard superior court as
described in IC 33-29-1.
(c) Whitley County comprises the judicial district of the court.
Sec. 3. The Whitley superior court has one (1) judge who shall
hold sessions in:
(1) the Whitley County courthouse in Columbia City; or
(2) other places in the county that the board of county
commissioners of Whitley County may provide.
Sec. 4. (a) If the Whitley county executive establishes the
position of small claims referee to serve the Whitley superior court,
the judge of the Whitley superior court may appoint a part-time
small claims referee under IC 33-29-3 to assist the court in the
exercise of its small claims jurisdiction.
(b) The small claims referee is entitled to reasonable
compensation not exceeding twenty thousand dollars ($20,000) as
recommended by the judge of the Whitley superior court to be paid
by the county after the compensation 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.
(c) The Whitley County executive shall provide and maintain a
suitable courtroom and facilities for the use of the small claims
referee, including furniture and equipment, as necessary.
(d) The Whitley superior court shall employ administrative staff
necessary to support the functions of the small claims referee.
(e) The county fiscal body shall appropriate sufficient funds for
the provision of staff and facilities required under this section.
Sec. 5. The Whitley superior court has the same jurisdiction as
the Whitley circuit court, except that the circuit court has juvenile
jurisdiction.
Sec. 6. The Whitley superior court has a standard small claims
and misdemeanor division.
SECTION 13. IC 33-34 IS ADDED TO THE INDIANA CODE AS
A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2004]:
ARTICLE 34. MARION COUNTY SMALL CLAIMS COURTS
Chapter 1. Establishment and General Provisions
Sec. 1. As used in this article, "judge" means the judge of a
small claims court established under this chapter unless otherwise
indicated.
Sec. 2. (a) There are established township small claims courts in
each county containing a consolidated city.
(b) The name of each court shall be the "__________ Township
of Marion County Small Claims Court" (insert the name of the
township in the blank).
Sec. 3. The small claims court is not a court of record.
Sec. 4. The small claims court shall meet in continuous session.
Sec. 5. The judge of the circuit court shall extend aid and
assistance to the judges in the conduct of the township small claims
courts.
Sec. 6. A division of the small claims court must be a full-time
division or a part-time division as determined by the individual
township boards following the hearing provided for in section 7 of
this chapter.
Sec. 7. In 1975, a hearing was conducted to obtain evidence,
opinions, advice, and suggestions from public officials and the
general public on the question of whether a small claims court
division should be established in the township, in each township
with a population of less than fifteen thousand (15,000) persons,
whether the division should be full time or part time, the location
of the division courtroom and offices, and other relevant matters.
Sec. 8. The township trustee shall give ten (10) days notice of all
hearings held under section 7 of this chapter in one (1) or more
newspapers of general circulation in the county.
Sec. 9. Not more than two (2) weeks following a hearing held
under section 7 of this chapter, the township board shall, after
considering the evidence, opinions, advice, and suggestions
presented at the hearing, enter an order as to:
(1) whether a small claims court division shall be established
in the township if the township has a population of less than
fifteen thousand (15,000) persons;
(2) whether the division, if any, shall function full time or part
time;
(3) the location of the division courtroom and offices under
IC 33-34-6-1; and
(4) other relevant matters.
Chapter 2. Judges
Sec. 1. A judge shall be elected at the general election every four
(4) years by the registered voters residing within the township in
which the division of the small claims court is located.
Sec. 2. A judge must meet the qualifications prescribed by
IC 3-8-1-30.
Sec. 3. The term of office of a judge is four (4) years, beginning
January 1 after election and continuing until a successor is:
(1) elected; and
(2) qualified.
Sec. 4. (a) The circuit court judge may establish a regular
hourly schedule for the performance of duties by full-time or
part-time township small claims courts and each judge shall
maintain that schedule.
(b) If the circuit court judge does not establish a regular hourly
schedule, the judge shall perform the judge's duties at regular,
reasonable hours.
(c) Regardless of whether a regular hourly schedule has been
established as set forth in subsection (a), a judge shall hold sessions
in addition to the judge's regular schedule whenever the business
of the judge's court requires.
Sec. 5. (a) The salary of a judge who serves full time must be in
an amount determined by the township board of the township in
which the small claims court is located.
(b) The salary of each judge who serves part time must be in an
amount determined by the township board and approved by the
city-county council.
(c) The salary of a judge may not be reduced during the judge's
term of office.
(d) At any other time, salaries of any full-time or part-time
judge may be increased or decreased by the township board of the
township in which the small claims court is located.
court) where the greater percentage of individual defendants
included in the complaint resides, or, if there is not a greater
percentage, the place where any individual named as a
defendant:
(A) resides;
(B) owns real estate; or
(C) rents an apartment or real estate or where the
principal office or place of business of any defendant is
located.
(4) Venue is in the township where the claim was filed if there
is no other township in the county in which the small claims
court sits in which required venue lies.
(c) Venue of any claim between landlord and tenant must be in
the township where the real estate is located.
(d) If a written motion challenging venue is received by the
small claims court, the court shall rule whether required venue lies
in the township of filing.
Sec. 2. The court has original and concurrent jurisdiction with
the circuit and superior courts in all civil cases founded on contract
or tort in which the debt or damage claimed does not exceed six
thousand dollars ($6,000), not including interest or attorney's fees.
Sec. 3. The court has original and concurrent jurisdiction with
the circuit and superior courts in possessory actions between
landlord and tenant in which the past due rent at the time of filing
does not exceed six thousand dollars ($6,000). The court also has
original and concurrent jurisdiction with the circuit and superior
courts in actions for the possession of property where the value of
the property sought to be recovered does not exceed six thousand
dollars ($6,000). These jurisdictional limitations are not affected by
interest and attorney's fees.
Sec. 4. The court has original and concurrent jurisdiction with
the circuit and superior court in emergency possessory actions
between a landlord and tenant under IC 32-31-6.
Sec. 5. The small claims court has no jurisdiction:
(1) in actions seeking injunctive relief or involving partition of
real estate;
(2) in actions to declare or enforce any lien except as provided
in section 14 of this chapter;
(3) in actions in which the appointment of a receiver is asked;
or
(4) in suits for dissolution or annulment of marriage.
Sec. 6. The judge of the circuit court, assisted by the judges of
the small claims court, shall make and adopt uniform rules for
conducting the business of the small claims court:
(1) according to a simplified procedure; and
(2) in the spirit of sections 7 and 9 of this chapter.
Sec. 7. A simplified procedure shall be established by rule to
enable any person, including the state, to:
(1) file the necessary papers; and
(2) present the person's case in court;
either to seek or to defend against a small claim without consulting
or being represented by an attorney.
Sec. 8. (a) Upon the filing of a complaint, service of original
process shall be attempted by personal service of the summons and
complaint on the defendant, which may include leaving a copy of
the service at the last known place of residence of the party if the
process server properly describes on the return the residence,
noting any of its unique features, and mailing by first class a copy
of the service without charge to the party at the same last known
place of residence.
(b) If service cannot be made in this manner, service of process
shall be made in an alternate manner as provided by the Indiana
Rules of Civil Procedure.
(c) Subsequent service of process, other than that originally
served upon filing of the complaint, may be made by registered or
certified mail or another manner authorized by the Indiana Rules
of Civil Procedure.
Sec. 9. A trial:
(1) must be informal, with the sole objective of dispensing
speedy justice between the parties according to the rules of
substantive law; and
(2) may not be bound by the statutory provisions or rules of
practice, procedure, pleadings, or evidence, except the
provisions relating to privileged communications and offers
of compromise.
Sec. 10. There may not be a trial by jury in the small claims
court.
Sec. 11. (a) A filing of a civil claim in the small claims court
constitutes a waiver of trial by jury by the plaintiff.
(b) A defendant in a small claims case waives the right to trial
by jury unless the defendant requests a jury trial at least three (3)
calendar days before the trial date that appears on the complaint.
Upon the filing of a jury trial request, the small claims court shall
transfer the claim to the superior court of the county. The
defendant shall pay all costs necessary for filing the claim in the
superior court as if the cause had been filed initially in that court.
(c) A notice of claim filed in the small claims court must include
a statement that reflects the provisions of subsection (b).
Sec. 12. The small claims court shall take judicial notice of
municipal, city, and town ordinances.
Sec. 13. (a) If the judgment or order is against the defendant, the
defendant shall pay the judgment at any time and upon terms and
conditions as the judge orders.
(b) If the judge orders that the judgment be paid in specified
installments, the judge may stay the issuance of execution and
other supplementary process during the period of compliance with
the order.
(c) A stay ordered under subsection (b) may be modified or
vacated by the court.
Sec. 14. (a) All judgments rendered in civil actions may be
recorded in the judgment docket book of the proper division of the
small claims court.
(b) A judgment entered by a small claims court is a lien on real
estate when entered in the circuit court judgment docket in the
same manner as a judgment in a court of general jurisdiction
becomes a lien on real estate under IC 34-55-9.
(c) The clerk of the small claims court shall keep a docket in
which judgments shall be entered and properly indexed in the
name of the judgment defendant as judgments of circuit courts are
entered and indexed.
Sec. 15. (a) All appeals from judgments of the small claims court
shall be taken to the superior court of the county and tried de novo.
(b) The rules of procedure for appeals must be in accordance
with the rules established by the superior court.
(c) The appellant shall pay all costs necessary for the filing of
the case in the superior court, as if the appeal were a case that had
been filed initially in that court.
Chapter 4. Powers
Sec. 1. A judge may:
(1) administer oaths;
(2) take and certify acknowledgements of deeds; and
(3) give all necessary certificates for the authentication of the
records and proceedings of the small claims court.
Sec. 2. The small claims court has the same power as the circuit
court in relation to the:
(1) attendance of witnesses;
court shall elect a constable for the small claims court at the
general election every four (4) years for a term of office of four (4)
years, beginning January 1 after election and continuing until a
successor is elected and qualified. The ballot must state the:
(1) name of the candidate; and
(2) court for which the candidate is to serve.
(b) Each small claims court shall have a constable who:
(1) acts as the bailiff of the court;
(2) serves the court's personal service of process;
(3) has police powers to:
(A) make arrests;
(B) keep the peace; and
(C) carry out the orders of the court;
(4) must meet the qualifications prescribed by IC 3-8-1-31;
(5) is compensated for each process that is delivered to effect
personal service when serving as the bailiff for the court;
(6) is responsible for:
(A) the preparation and mailing of all registered or
certified service and is compensated for each process
served by mail; and
(B) all the official acts of the deputies;
(7) is compensated solely from the service of process fees
collected under IC 33-34-8-1; and
(8) may require a deputy to give a bond for the proper
discharge of the deputy's duties for an amount fixed by the
constable.
(c) The elected constable may appoint full-time and part-time
deputies for assistance in the performance of official duties who:
(1) perform all the official duties required to be performed by
the constable;
(2) possess the same statutory and common law powers and
authority as the constable;
(3) must take the same oath required of the constable;
(4) are compensated solely from the service of process fees
collected under IC 33-34-8-1; and
(5) serve at the pleasure of the constable and may be
dismissed at any time with or without cause.
(d) If there is an:
(1) emergency; or
(2) inability of a constable to carry out the constable's duties;
the judge may appoint a special constable to carry out the duties of
the constable during the emergency or inability.
adopted not less than one (1) year before the judge's term would
begin under section 3 of this chapter.
(b) The judge for a court established under subsection (a) shall
be elected under IC 3-10-6 or IC 3-10-7 at the municipal election
in November 1987 and every four (4) years thereafter.
(c) A court established under subsection (a) comes into existence
on January 1 of the year following the year in which a judge is
elected to serve in that court.
(d) A city or town court in existence on January 1, 1986, may
continue in operation until it is abolished by ordinance.
(e) A city or town that establishes or abolishes a court under this
section shall give notice of its action to the division of state court
administration of the office of judicial administration under
IC 33-24-6.
Sec. 2. (a) This section applies to a town that:
(1) adopts an ordinance under IC 3-10-6-2.6; and
(2) subsequently adopts an ordinance to establish a town court
under section 1 of this chapter.
(b) Notwithstanding section 1 of this chapter, the judge of the
town court shall be elected at the next municipal election not
conducted in a general election year. The successors of the judge
shall be elected at the first general election following the municipal
election and every four (4) years thereafter.
Sec. 3. (a) The judge of a city or town court shall be elected
under IC 3-10-6 or IC 3-10-7 by the voters of the city or town.
(b) Except as provided in subsections (c) and (d), the term of
office of a judge elected under this section is four (4) years,
beginning at noon January 1 after election and continuing until a
successor is elected and qualified.
(c) This subsection applies to a town that adopts an ordinance
under IC 3-10-6-2.6. The term of office of:
(1) a judge elected at the next municipal election not
conducted in a general election year is one (1) year; and
(2) the successors to the judge described in subdivision (1) is
four (4) years;
beginning at noon January 1 after election and continuing until a
successor is elected and qualified.
(d) This subsection applies to a town that adopts an ordinance
under IC 3-10-7-2.7. The term of office of:
(1) a judge elected at the next municipal election not
conducted in a general election year is three (3) years; and
(2) the successors to the judge described in subdivision (1) is
four (4) years;
beginning noon January 1 after election and continuing until a
successor is elected and qualified.
(e) Before beginning the duties of office, the judge shall, in the
manner prescribed by IC 5-4-1, execute a bond conditioned upon
the faithful discharge of the duties of office.
Sec. 4. To be eligible to hold the office of city court judge, as
provided by Article 6, Section 6, of the Constitution of the State of
Indiana, the judge must be a resident of the city during the term of
office or the office becomes vacant.
Sec. 5. Before beginning the duties of office, the judge of a town
court must:
(1) take and subscribe to the same oath of office as judges of
circuit courts; and
(2) execute a bond payable to the town in the penal sum of five
thousand dollars ($5,000), conditioned upon the faithful
performance of the duties of the judge's office with good and
sufficient surety.
The bond must be approved by the legislative body of the town and
filed in the office of the town clerk-treasurer.
Chapter 2. Judge's Powers and Jurisdiction
Sec. 1. (a) A judge of a city or town court:
(1) may adopt rules for conducting the business of the court;
(2) has all powers incident to a court of record in relation to:
(A) the attendance of witnesses;
(B) the punishment of contempts;
(C) the enforcement of its orders; and
(D) the issuance of commissions for taking depositions in
cases pending in the court;
(3) may administer oaths; and
(4) may give all necessary certificates for the authentication
of the records and proceedings of the court.
(b) If the judge is temporarily absent or unable to act, the judge
shall appoint a reputable practicing attorney to preside in the
judge's absence as special judge. The special judge:
(1) has all the powers and rights; and
(2) shall perform all the duties;
of the judge of the court as fully as the regular judge appointing
the special judge.
Sec. 2. A judge of a city or town court shall provide, at the
expense of the town or city, a seal for the court that must contain
on the face the words: "(Town or City) Court of __________,
Indiana.". A description of the seal, together with an impress of it,
shall be put on the records of the court.
Sec. 3. A city court has the following jurisdiction over crimes,
infractions, and ordinance violations:
(1) Jurisdiction of all violations of the ordinances of the city.
(2) Jurisdiction of all misdemeanors and all infractions.
Sec. 4. A city court has concurrent jurisdiction with the circuit
court in civil cases in which the amount in controversy does not
exceed five hundred dollars ($500). However, the city court does
not have jurisdiction in actions for:
(1) slander;
(2) libel;
(3) foreclosure of mortgage on real estate, in which the title to
real estate is in issue;
(4) matters relating to a decedent's estate, appointment of
guardians, and all related matters; and
(5) actions in equity.
Sec. 5. The city court of each of the four (4) cities having the
largest populations and the town court of the town having the
largest population in a county having a population of more than
four hundred thousand (400,000) but less than seven hundred
thousand (700,000) have concurrent civil jurisdiction with the
circuit court of the county where the amount in controversy does
not exceed three thousand dollars ($3,000). The court has
jurisdiction in any action where the parties or the subject matter
are in the county in which the city or town is located. However, the
city or town court does not have jurisdiction in:
(1) actions for slander or libel;
(2) matters relating to decedents' estates, appointment of
guardians, and all related matters;
(3) dissolution of marriage actions; or
(4) injunction or mandate actions.
Sec. 6. A city court in a third class city that is not a county seat
and to which section 5 of this chapter does not apply has
concurrent jurisdiction with the circuit court in civil cases in which
the amount in controversy does not exceed three thousand dollars
($3,000). However, the city court does not have:
(1) jurisdiction in actions for:
(A) slander;
(B) libel;
(C) foreclosure of mortgages on real estate, in which the
title to real estate is in issue;
court if the judge does not serve as clerk or appoint a clerk under
section 1 of this chapter.
(b) A city clerk of a second class city, a city clerk-treasurer of a
third class city, or an appointed clerk in a third class city who
serves as the clerk of the city court shall give bond as prescribed in
this chapter.
(c) The clerk may administer oaths.
(d) The clerk of a city or town court shall:
(1) issue all process of the court, affix the seal of the court to
the process, and attest to the process;
(2) keep a complete record and docket of all cases showing:
(A) the name of a person who was arrested and brought
before the court;
(B) the disposition of the case; and
(C) an account of the:
(i) fees;
(ii) fines;
(iii) penalties;
(iv) forfeitures;
(v) judgments;
(vi) executions;
(vii) decrees; and
(viii) orders;
in as near to the same manner as the records are kept by
the clerk of the circuit court; and
(3) collect all:
(A) fees;
(B) fines;
(C) penalties and forfeitures;
(D) judgments;
(E) executions; and
(F) money;
accruing to the city or town from the enforcement of
ordinances.
(e) At the close of each week, the clerk shall make and deliver to
the city controller of a second class city, clerk-treasurer of a third
class city, or clerk-treasurer of a town a written report of all cases
in which the clerk has received or collected any fines or forfeitures
due the city or town. The clerk shall then pay over the money to the
controller or clerk-treasurer and take a receipt for the payment.
(f) At the end of each month, the clerk shall make out and
deliver to the county treasurer of the county in which the city or
town is located a written report of all cases in which the clerk has
received or collected any fines or forfeitures due the state during
the month and pay to the county treasurer all fines or forfeitures
collected, taking a receipt for the payment.
(g) In cities in which the county treasurer rather than the city
controller receives city money for deposit, the clerk shall report
and deliver the money to the county treasurer.
(h) The clerk shall deposit all court costs collected by the clerk
in accordance with IC 33-37-7-12. The clerk shall distribute the
state and county share of court costs collected in accordance with
IC 33-37-7-7 or IC 33-37-7-8.
Sec. 3. (a) The bailiff of a city court must be a police officer of
the city assigned to the court by the chief of police, under direction
of the board of public safety. However, the judge of the city court
may appoint another person to serve as bailiff.
(b) The bailiff shall give bond payable to the city in the penal
sum of one thousand dollars ($1,000), with surety to be approved
by the mayor, conditioned on the faithful and honest discharge of
the bailiff's duties. The bond shall be filed in the office of the
controller or clerk-treasurer.
(c) The bailiff shall do the following:
(1) Be present at the sessions of the court, maintaining order
and performing all other duties subject to the order of the
court.
(2) Take charge of all executions issued by the court and see
to the collection of the executions.
(3) Keep, in books to be furnished by the controller or
clerk-treasurer, an accurate account and docket of all
executions that come into the bailiff's hands, showing the:
(A) names of the defendants;
(B) date and number of the execution;
(C) amount of fines, fees, or penalties imposed; and
(D) disposition of the execution.
(4) Make and deliver a written report to the clerk of the court
on Tuesday of each week, showing all money collected by the
bailiff during the previous week, giving the:
(A) names of the defendants;
(B) number of executions; and
(C) amount of fines, fees, or penalties collected;
and pay the money to the clerk, taking the clerk's receipt for
the payments.
(d) The salary of the bailiff shall be fixed as salaries of other
police officers are fixed.
(e) The bailiff of a city court of the three (3) cities having the
largest populations in a county having a population of more than
four hundred thousand (400,000) but less than seven hundred
thousand (700,000) shall be appointed by the judge of the court.
The bailiff shall serve and execute all processes issued by the court
and is entitled to receive a salary fixed by the common council of
the city. In addition, the bailiff may collect a fee from a defendant
for the bailiff's own use on all execution sales of property under an
execution or attachment as follows:
(1) On the first fifty dollars ($50), ten percent (10%).
(2) On more than fifty dollars ($50) and not more than three
hundred dollars ($300), five percent (5%).
(3) On all sums over three hundred dollars ($300), three
percent (3%).
(4) Any additional sum necessarily expended by the bailiff in
collecting the judgment.
A bailiff may use the bailiff's private vehicle in the performance of
the bailiff's duties and is entitled to receive a sum for mileage equal
to the sum paid per mile to state officers and employees. The
payment to the bailiff is subject to the approval of the judge. The
judge shall include in the budget for the court sufficient money to
provide for the anticipated claims of the bailiff. The common
council shall make annual appropriations that are necessary to
carry out this subsection.
Sec. 4. The town marshal or a deputy marshal shall serve all
process issuing from the town court.
Sec. 5. (a) The common council of a city having a city court may
create the position of city court referee to assist the city court judge
in the administration of the judge's duties and the disposition of
matters pending in the court. The common council may authorize
more than one (1) referee. After authorization is granted, the judge
shall appoint one (1) or more referees. The referee or referees
serve at the pleasure of the judge.
(b) A referee shall take the same oath of office as provided for
the judge and must have the same qualifications for office as
required for the judge. A referee may administer oaths in the
performance of the referee's duty and use the seal of the court. In
all cases coming before the referee, the referee shall comply with
the requirements of procedure provided for the hearing of cases by
the court. The referee shall make a return of the referee's findings
and recommendations in writing to the court, and the court shall
proceed to enter the order, judgment, or decree that the court
considers proper.
(c) The salary of a referee shall be fixed by the judge subject to
the approval of the common council of the city. The common
council shall appropriate sufficient money to pay the referee.
Sec. 6. (a) The prosecuting attorney of the judicial circuit in
which the city is located shall prosecute all cases in a city court for
violation of statutes.
(b) The city attorney shall prosecute all cases of city ordinance
violations.
Sec. 7. A judge of a city or town court shall provide, at the
expense of the city or town, all books, dockets, papers, and printed
blanks necessary for the discharge of the duties of the court.
Sec. 8. (a) A clerk of a city court in a county having a population
of more than four hundred thousand (400,000) but less than seven
hundred thousand (700,000) shall deposit all court costs collected
by the clerk in accordance with IC 33-37-7-12. The fees received by
the controller from the clerk shall be paid into the city treasury at
the time of the semiannual settlement for city revenue.
(b) If the party instituting an action or proceeding recovers
judgment, the judgment must also include as costs an amount equal
to the small claims costs fee prescribed under IC 33-37-4-5 or
IC 33-37-4-6.
(c) Money paid in advance for costs remaining unexpended at
the time an action or a proceeding is terminated, whether by
reason of dismissal or otherwise, shall be returned to the party or
parties making payment. However, this section does not apply to
civil actions or proceedings instituted by or on behalf of the state
or any of the state's political subdivisions.
(d) This section expires July 1, 2005.
Sec. 9. (a) This section applies after June 30, 2005.
(b) A clerk of a city court in a county having a population of
more than four hundred thousand (400,000) but less than seven
hundred thousand (700,000) shall deposit all court costs collected
by the clerk in accordance with IC 33-37-7-12. The fees received by
the controller from the clerk shall be paid into the city treasury at
the time of the semiannual settlement for city revenue.
(c) If the party instituting an action or a proceeding recovers
judgment, the judgment must also include as costs an amount equal
to the small claims costs fee and the small claims service fee
prescribed under IC 33-37-4-5 or IC 33-37-4-6.
(d) Money paid in advance for costs remaining unexpended at
the time a civil action or proceeding is terminated, whether by
reason of dismissal or otherwise, must be returned to the party or
parties making payment. However, this section does not apply to
civil actions or proceedings instituted by or on behalf of the state
or any of the state's political subdivisions.
Chapter 4. Court Sessions; Compensation; Restrictions on
Activities of Judges
Sec. 1. (a) A city court judge shall hold regular sessions of the
city court at a place to be provided and designated by the
legislative body of the city.
(b) A town court judge shall hold sessions of the town court as
the business of the court demands at a place to be provided and
designated by the legislative body of the town.
Sec. 2. (a) Special judges of a city court are entitled to the
compensation allowed special judges in the circuit court, to be paid
out of the city treasury on the certificate of the regular judge and
the warrant of the city controller or clerk-treasurer.
(b) A city court judge may not receive any fees or compensation
other than the judge's salary, as established under subsection (e).
(c) A city court judge of each of the three (3) cities having the
largest populations in a county having a population of more than
four hundred thousand (400,000) but less than seven hundred
thousand (700,000) is entitled to receive, for additional services
that this article requires to be performed, three thousand five
hundred dollars ($3,500) per year in addition to the salary
otherwise provided. The fiscal body of the city shall appropriate
the money necessary to pay the additional compensation.
(d) A town court judge is entitled to receive the compensation
that is prescribed by the fiscal body of the town.
(e) A city court judge is entitled to receive compensation that is
prescribed by the fiscal body of the city.
Sec. 3. A city court judge may not act as attorney, agent, or
counsel for the applicant in a proceeding to procure a license to
retail or wholesale intoxicating liquors under IC 7.1 or aid or assist
in any manner in the procuring of such a license. A person who
recklessly violates this section commits a Class B misdemeanor.
Chapter 5. Records; Procedures; Practices
Sec. 1. City courts are governed by the laws and rules governing
the practice, pleading, and processes in circuit courts.
Sec. 2. A change of venue may not be taken from a city or town
court. However, a defendant may take a change of venue from the
judge of the court, with a special judge appointed as provided for
the circuit court.
Sec. 3. All warrants or other processes issued by the city court
must be:
(1) directed to the chief of police of the city or any person
specially deputized by the city court; and
(2) executed, served, and returned by the chief, by any police
officer of the city, or by the specially deputized person.
The members of the police force of the city shall cause all persons
arrested by the police force for a violation of any law to be taken
before the city court for trial or examination.
Sec. 4. (a) City courts of the three (3) cities having the largest
populations in counties having a population of more than four
hundred thousand (400,000) but less than seven hundred thousand
(700,000) shall keep the following books of record on the civil side
of the court:
(1) A loose leaf minute book, similar to that kept by the circuit
court, each case to be numbered consecutively in order of its
filing.
(2) Index and cross-index book, containing the names of all
parties to each action with the number of the case opposite the
name.
(3) A fee book as is provided for city courts.
(4) An order book in which all orders of a cause are written
consecutively when final judgment or order is entered.
(b) The case should bear the same number as originally given to
the case when filed and must be arranged in the order book
consecutively according to the original number given to the case
when filed. All orders, proceedings, records of issuing execution,
returns of execution, and satisfactions of execution shall be
grouped together, if practical, on one (1) page or on consecutive
pages when there is not sufficient room to group it on one (1) page.
All costs in a cause shall be taxed on the margin of the page
containing the final order or judgment. All orders not connected
with a specific case, such as general appointments made by the
judge, shall be entered in the minute book under a separate
number and recorded in the record book under that number.
Sec. 5. All issues of fact pending in city courts shall be tried by
the judge, unless either party demands a jury trial. The jury must
consist of six (6) qualified voters of the city, to be summoned by the
bailiff by venire issued by the judge.
Sec. 6. The style of the city or town court is "The (City or Town)
Court of ____________," according to the name of the city or town.
after the rendition of the judgment.
(c) A prisoner against whom punishment is adjudged by a city
court may appeal to the circuit court of the county, within thirty
(30) days after the judgment. If the prisoner, within the thirty (30)
days, enters into recognizance for his appearance in court and
causes to be filed in the court, within forty-five (45) days, all other
papers, documents, and transcripts necessary to complete the
appeal, the appeal stays all further proceedings on the judgment in
the court below. However, the prisoner may remain in jail on the
prisoner's sentence instead of furnishing a recognizance, and an
appeal without recognizance does not stay the execution of the
court below.
Sec. 10. (a) A party in a civil action who desires to take an
appeal from the city court of the three (3) cities having the largest
populations in a county having a population of more than four
hundred thousand (400,000) but less than seven hundred thousand
(700,000) shall file a bond, to the approval of the city court, within
thirty (30) days after the date of rendition of final judgment, and
the motion to correct errors within ten (10) days after the rendition
of final judgment. The transcript and motion shall be filed in the
court to which the appeal is taken within thirty (30) days after the
motion has been signed by the court.
(b) All errors saved shall be reviewed as far as justice warrants,
and for that purpose, a complete transcript of all the evidence is
not required. An error occurring during the trial, not excepted to
at the time, may be made available upon appeal by setting it forth
in a motion for a new trial. Upon application within the time fixed,
either of the parties to the suit may obtain either:
(1) a correct statement, to be prepared by the party
requesting the signing of the same, of the facts in a narrative
form appearing on the trial and of all questions of law
involved in the case and the decisions of the court upon the
questions of law; or
(2) a correct stenographic report;
and the expense of procuring the correct statement or correct
stenographic report shall be paid by the party requesting the
correct statement or correct stenographic report.
(c) The appeal shall be:
(1) submitted on the date filed in the court to which the appeal
is taken;
(2) advanced on the docket of that court; and
(3) as determined at the earliest practical date, without any
extension of time for filing of briefs;
but the court to which an appeal is taken may, on application, hear
oral arguments.
(d) If judgment is affirmed on appeal, it may be increased by ten
percent (10%), in addition to any interest that may be allowed, if
the appeal is found to be frivolous.
(e) A change of venue may be taken from the judge to whom the
case is appealed as provided by law for taking changes of venue
from the judge of the circuit court.
(f) The court to which an appeal is taken shall render its opinion
in abbreviated form by simply citing the controlling authorities in
the case, unless it appears that some new question of practice,
procedure, or law is involved that would warrant a more extensive
opinion.
SECTION 15. IC 33-36 IS ADDED TO THE INDIANA CODE AS
A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2004]:
ARTICLE 36. ORDINANCE VIOLATIONS BUREAUS
Chapter 1. Definitions
Sec. 1. The definitions in IC 36-1-2 apply throughout this article.
Chapter 2. Establishment
Sec. 1. The legislative body of a municipal corporation may
establish, by ordinance or code, an ordinance violations bureau.
Upon the creation of a bureau, the legislative body shall provide
for the appointment of a violations clerk (who may be the clerk or
clerk-treasurer of the municipal corporation) to be the
administrator of the bureau.
Sec. 2. If the legislative body does not establish an ordinance
violations bureau under section 1 of this chapter, the clerk or
clerk-treasurer of the municipal corporation is designated the
violations clerk for purposes of this chapter.
Sec. 3. The violations clerk may accept:
(1) written appearances;
(2) waivers of trial;
(3) admissions of violations; and
(4) payment of civil penalties of not more than one hundred
dollars ($100);
in ordinance violation cases, subject to the schedule prescribed
under IC 33-36-3 by the legislative body.
Chapter 3. Schedule of Ordinance and Code Provisions;
Violations
Sec. 1. (a) Upon the appointment or designation of the violations
clerk as provided by IC 33-36-2-1, the legislative body shall
designate, by ordinance or code, a schedule of ordinance and code
provisions of the municipal corporation that are subject to
admission of violation before the violations clerk and the amount
of civil penalty to be assessed to a violator who elects to admit a
violation under this chapter.
(b) Civil penalties shall be paid to, receipted by, and accounted
for by the clerk under procedures provided for by the state board
of accounts. Payment of civil penalties under this chapter may be
made in person, by mail, or to an agent or agents designated by the
legislative body.
Sec. 2. A person charged with an ordinance or a code violation
is entitled to a trial before a court as provided by law, unless the
person waives the right to trial and enters an admission of the
violation with the violations clerk. Upon an admission, the clerk
shall assess and receive from the violator the amount prescribed by
the schedule of civil penalties established under section 1 of this
chapter.
Sec. 3. If a person charged with a violation wants to exercise the
right to trial, the person shall appear before the violations clerk
and deny the violation or enter a written denial with the clerk.
Sec. 4. In a county having a consolidated city, the schedule of
ordinance violations designated by a municipal corporation under
this chapter must also be approved by the city-county legislative
body.
Sec. 5. (a) If a person:
(1) denies an ordinance or code violation under this article;
(2) fails to satisfy a civil penalty assessed by the violations
clerk after having entered an admission of violation; or
(3) fails to deny or admit the violation under this article;
the clerk shall report this fact to the official having the
responsibility to prosecute ordinance violation cases for the
municipal corporation.
(b) Proceedings in court against the person shall then be
initiated for the alleged ordinance violation.
Sec. 6. (a) An ordinance violation admitted under this article
does not constitute a judgment for the purposes of IC 33-37. An
ordinance violation costs fee may not be collected from the
defendant under IC 33-37-4.
(b) An ordinance violation processed under this chapter may not
be considered for the purposes of IC 33-37-7-5 or IC 33-37-7-6
when determining the percentage of ordinance violations
prosecuted in certain courts.
Sec. 7. All sums collected by the violations clerk as civil penalties
for ordinance violations shall be accounted for and paid to the
municipal corporation as provided by law.
SECTION 16. IC 33-37 IS ADDED TO THE INDIANA CODE AS
A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2004]:
ARTICLE 37. COURT FEES
Chapter 1. Applicability and Definitions
Sec. 1. This article applies to all proceedings in the following
courts:
(1) Circuit courts (Article 7, Section 7 of the Constitution of
the State of Indiana, IC 33-28, and IC 33-33).
(2) Superior courts (IC 33-29 and IC 33-33).
(3) County courts (IC 33-30).
(4) Probate courts (IC 33-31).
(5) City and town courts (IC 33-35).
Sec. 2. As used in this article, "clerk" refers to any of the
following:
(1) A clerk of a circuit court under IC 33-32-2-1.
(2) The clerk of a city or town court under IC 33-35.
(3) The judge of a city or town court that does not have a
clerk.
Sec. 3. The costs imposed by this article are for all proceedings
in the action.
Sec. 4. (a) If publication by notice is required by law in any
action, the party or the attorney for the party from whom the
notice is required shall pay the cost of publication directly to the
publisher of the notice.
(b) The party or the attorney for the party shall file with the
clerk proof of publication of the notice.
Chapter 2. General Court Costs Provisions for Criminal Actions
Sec. 1. This chapter applies in criminal actions.
Sec. 2. (a) Costs in a criminal action are not a part of the
sentence and may not be suspended. However, if:
(1) two (2) or more charges against a person are joined for
trial; and
(2) the person is convicted of two (2) or more offenses in the
trial;
the court may waive the person's liability for costs for all but one
(1) of the offenses.
(b) If a person is acquitted or an indictment or information is
dismissed by order of the court, the person is not liable for costs.
Sec. 3. (a) When the court imposes costs, it shall conduct a
hearing to determine whether the convicted person is indigent. If
the person is not indigent, the court shall order the person to pay:
(1) the entire amount of the costs at the time sentence is
pronounced;
(2) the entire amount of the costs at some later date; or
(3) specified parts of the costs at designated intervals.
(b) Upon any default in the payment of the costs:
(1) an attorney representing the county may bring an action
on a debt for the unpaid amount; or
(2) the court may direct that the person, if the person is not
indigent, be committed to the county jail and credited toward
payment at the rate of twenty dollars ($20) for each
twenty-four (24) hour period the person is confined, until the
amount paid plus the amount credited equals the entire
amount due.
(c) If, after a hearing under subsection (a), the court determines
that a convicted person is able to pay part of the costs of
representation, the court shall order the person to pay an amount
of not more than the cost of the defense services rendered on behalf
of the person. The clerk shall deposit the amount paid by a
convicted person under this subsection in the county's
supplemental public defender services fund established under
IC 33-40-3-1.
(d) A person ordered to pay part of the cost of representation
under subsection (c) has the same rights and protections as those
of other judgment debtors under the Constitution of the State of
Indiana and Indiana law.
Sec. 4. (a) The state shall pay all costs of trial in a prosecution
for an offense committed:
(1) by an inmate of a state correctional facility; and
(2) in the county in which the correctional facility is located.
(b) The costs of trial to be paid under this section include:
(1) court fees; and
(2) expenses incurred by the county sheriff in returning the
defendant to the jurisdiction of the court and keeping the
defendant in custody until trial.
Sec. 5. The fees prescribed by IC 33-37-4-1 are costs and may be
collected from a defendant against whom a conviction is entered.
A fine or penalty imposed is in addition to costs.
Chapter 3. General Court Costs Provisions for Civil Actions
court shall give written notice to the offender that all fees and costs
relating to the filing and service will be waived. If the court denies
the application to waive all fees, the court shall give written notice
to the offender that the offender's case will be dismissed if the
partial filing fee is not paid not later than forty-five (45) days after
the date of the order, or within an additional period that the court
may, upon request, allow. Process concerning the offender's case
may not be served until the fee is paid.
Sec. 4. A party for whom judgment is entered in a civil action is
entitled to recover costs.
Sec. 5. The prepayment of fees under this chapter is not
required in an appeal of a civil matter to a circuit court from a
court of inferior jurisdiction.
Sec. 6. Court costs fees under this chapter include service of
process by certified mail, unless service by the sheriff is requested
by the person who institutes the action.
Sec. 7. If personal service of process is carried out by a process
server other than the sheriff, the party who paid for the private
service is entitled to reimbursement of the cost of the private
service as a part of any judgment that party may recover.
Sec. 8. Notwithstanding IC 33-37-4-4, the clerk may not collect
a separate civil fee for a name change action initiated under
IC 31-15-2-18.
Sec. 9. Prepayment of fees is not required in proceedings for
either of the following:
(1) Adoption.
(2) The appointment of a guardian.
Chapter 4. Collection of Court Cost Fees
Sec. 1. (a) For each action that results in a felony conviction
under IC 35-50-2 or a misdemeanor conviction under IC 35-50-3,
the clerk shall collect from the defendant a criminal costs fee of one
hundred twenty dollars ($120).
(b) In addition to the criminal costs fee collected under this
section, the clerk shall collect from the defendant the following fees
if they are required under IC 33-37-5:
(1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or
IC 33-37-5-4).
(2) A marijuana eradication program fee (IC 33-37-5-7).
(3) An alcohol and drug services program user fee
(IC 33-37-5-8(b)).
(4) A law enforcement continuing education program fee
(IC 33-37-5-8(c)).
partial payment for deposit in the state user fee fund.
(4) If there is money remaining after distribution under
subdivision (3), the clerk shall distribute the remainder of the
partial payment to any other applicable user fee fund.
(5) If there is money remaining after distribution under
subdivision (4), the clerk shall apply the remainder of the
partial payment to any outstanding fines owed by the
defendant.
Sec. 2. (a) Except as provided in subsections (d) and (e), for each
action that results in a judgment:
(1) for a violation constituting an infraction; or
(2) for a violation of an ordinance of a municipal corporation
(as defined in IC 36-1-2-10);
the clerk shall collect from the defendant an infraction or
ordinance violation costs fee of seventy dollars ($70).
(b) In addition to the infraction or ordinance violation costs fee
collected under this section, the clerk shall collect from the
defendant the following fees, if they are required under IC 33-37-5:
(1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or
IC 33-37-5-4).
(2) An alcohol and drug services program user fee
(IC 33-37-5-8(b)).
(3) A law enforcement continuing education program fee
IC 33-37-5-8(c)).
(4) An alcohol and drug countermeasures fee (IC 33-37-5-10).
(5) A highway work zone fee (IC 33-37-5-14).
(6) A deferred prosecution fee (IC 33-37-5-17).
(7) A jury fee (IC 33-19-6-17). (IC 33-37-5-19).
(8) A document storage fee (IC 33-37-5-20).
(9) An automated record keeping fee (IC 33-37-5-21).
(10) A late payment fee (IC 33-37-5-22).
(c) The clerk shall transfer to the county auditor or fiscal officer
of the municipal corporation the following fees, not later than
thirty (30) days after the fees are collected:
(1) The alcohol and drug services program user fee
(IC 33-37-5-8(b)).
(2) The law enforcement continuing education program fee
(IC 33-37-5-8(c)).
(3) The deferral program fee (subsection e).
The auditor or fiscal officer shall deposit the fees in the user fee
fund established under IC 33-37-8.
(d) The defendant is not liable for any ordinance violation costs
fee in an action if all the following apply:
(1) The defendant was charged with an ordinance violation
subject to IC 33-36.
(2) The defendant denied the violation under IC 33-36-3.
(3) Proceedings in court against the defendant were initiated
under IC 34-28-5 (or IC 34-4-32 before its repeal).
(4) The defendant was tried and the court entered judgment
for the defendant for the violation.
(e) Instead of the infraction or ordinance violation costs fee
prescribed by subsection (a), the clerk shall collect a deferral
program fee if an agreement between a prosecuting attorney or an
attorney for a municipal corporation and the person charged with
a violation entered into under IC 34-28-5-1 (or IC 34-4-32-1 before
its repeal) requires payment of those fees by the person charged
with the violation. The deferral program fee is:
(1) an initial user's fee not to exceed fifty-two dollars ($52);
and
(2) a monthly user's fee not to exceed ten dollars ($10) for
each month the person remains in the deferral program.
(f) The fees prescribed by this section are costs for purposes of
IC 34-28-5-4 and may be collected from a defendant against whom
judgment is entered. Any penalty assessed is in addition to costs.
Sec. 3. (a) The clerk shall collect a juvenile costs fee of one
hundred twenty dollars ($120) for each action filed under any of
the following:
(1) IC 31-34 (children in need of services).
(2) IC 31-37 (delinquent children).
(3) IC 31-14 (paternity).
(b) In addition to the juvenile costs fee collected under this
section, the clerk shall collect the following fees, if they are
required under IC 33-37-5:
(1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or
IC 33-37-5-4).
(2) A marijuana eradication program fee (IC 33-37-5-7).
(3) An alcohol and drug services program user fee
(IC 33-37-5-8(b)).
(4) A law enforcement continuing education program fee
(IC 33-37-5-8(c)).
(5) An alcohol and drug countermeasures fee (IC 33-37-5-10).
(6) A document storage fee (IC 33-37-5-20).
(7) An automated record keeping fee (IC 33-37-5-21).
(8) A late payment fee (IC 33-37-5-22).
venue or transfer from one (1) county to another, the clerk of the
court from which the action is transferred shall collect from the
party seeking change of venue a fee equal to that required by
sections 4, 5, 6, and 7 of this chapter. The clerk of the transferring
court shall forward the fee collected under this section to the clerk
of the court to which the action is transferred.
Sec. 9. The clerk is not required to show on each receipt for
court costs collected the proration of court costs:
(1) remitted to the auditor of state, the county auditor, and the
municipality as specified in IC 33-37-7; or
(2) collected for any funds specified in IC 33-37-5.
Sec. 10. (a) Not later than seventy-five (75) days after judgment
is entered in an action, the clerk shall issue an itemized fee bill for
the collection of fees that were charged against the party in that
action and that remain unpaid. The clerk shall present the fee bill
for collection to the sheriff of a county in which the debtor party
resides or in which the debtor party has property.
(b) The sheriff shall do the following:
(1) Collect the amount due under the fee bill.
(2) Return the fee bill to the clerk not more than sixty (60)
days after the day the fee bill was issued.
(c) After presented to the sheriff, a fee bill has the effect of an
execution and operates as a lien upon the real and personal
property of the debtor.
(d) A successor of an officer may issue fee bills for the fees of the
officer's predecessors in office in the manner provided under this
chapter. A clerk may issue the fee bills of the sheriff or the former
sheriffs of the county in the same manner.
Chapter 5. Collection of Additional Fees
Sec. 1. (a) This section applies to a document fee for preparing
a transcript or copy of any record. However, this section does not
apply to either of the following:
(1) The preparation or copying of a record:
(A) through the use of enhanced access under IC 5-14-3; or
(B) by a governmental entity using an electronic device.
(2) The transmitting of a document by facsimile machine or
other electronic device.
(b) Except as provided in subsection (c), the clerk shall collect
a fee of one dollar ($1) per legal size or letter size page, including
a page only partially covered with writing.
(c) The legislative body of a county may adopt by ordinance a
schedule of document fees to be collected by a clerk under this
section. If an ordinance has been adopted, the clerk shall collect
document fees according to the schedule. However, the document
fee collected by the clerk under this subsection may not exceed one
dollar ($1) per legal size or letter size page, including a page only
partially covered with writing.
Sec. 2. (a) Each clerk shall establish a clerk's record
perpetuation fund. The clerk shall deposit all the following in the
fund:
(1) Revenue received by the clerk for transmitting documents
by facsimile machine to a person under IC 5-14-3.
(2) Document storage fees required under section 20 of this
chapter.
(3) The late payment fees imposed under section 22 of this
chapter that are authorized for deposit in the clerk's record
perpetuation fund under IC 33-37-7-1 or IC 33-37-7-2.
(b) The clerk may use any money in the fund for the following
purposes:
(1) The preservation of records.
(2) The improvement of record keeping systems and
equipment.
Sec. 3. Notwithstanding IC 5-14-3, the clerk shall collect a
document fee of one dollar ($1) for each certificate under seal
attached in authentication of a copy of any record, paper, or
transcript.
Sec. 4. The clerk shall collect a document fee of three dollars
($3) for preparing or recording a transcript of a judgment to
become a lien on real estate.
Sec. 5. The clerk shall forward document fees collected under
this chapter to the county auditor or city or town fiscal officer in
accordance with IC 33-37-7-12(a).
Sec. 6. (a) This section applies to an action in which a final court
order requires a person to pay support or maintenance payments
through the clerk.
(b) The clerk shall collect a fee in addition to support and
maintenance payments. The fee is the following:
(1) Twenty dollars ($20) for the calendar year in which the
initial order is entered, unless the first payment is due after
June 30 of that calendar year.
(2) Ten dollars ($10) for the calendar year in which the initial
order was entered, if the first payment is due after June 30 of
that calendar year.
(3) In each subsequent year in which the initial order or a
modified order is in effect, twenty dollars ($20) if the fee is
paid before February 1, or thirty dollars ($30) if paid after
January 31.
(c) The fee required under subsection (b) is due at the time that
the first support or maintenance payment for the calendar year in
which the fee must be paid is due.
(d) The clerk may not deduct the fee from a support or
maintenance payment.
(e) Except as provided under IC 33-32-4-6, IC 33-37-7-1(g), and
IC 33-37-7-2(g), the clerk shall forward the fee collected under this
section to the county auditor in accordance with IC 33-37-7-12(a).
Sec. 7. (a) This section applies to criminal actions.
(b) The clerk shall collect the marijuana eradication program
fee set by the court under IC 15-3-4.6-4.1 if:
(1) a weed control board has been established in the county
under IC 15-3-4.6-1; and
(2) the person has been convicted of an offense under
IC 35-48-4 in a case prosecuted in that county.
(c) The court may set a fee under this section of not more than
three hundred dollars ($300).
Sec. 8. (a) This section applies to criminal, infraction, and
ordinance violation actions. However, it does not apply to a case
excluded under IC 33-37-4-2(d).
(b) The clerk shall collect the alcohol and drug services program
fee set by the court under IC 12-23-14-16 in a county that has
established an alcohol and drug services program.
(c) In each action in which a defendant is found to have:
(1) committed a crime;
(2) violated a statute defining an infraction; or
(3) violated an ordinance of a municipal corporation;
the clerk shall collect a law enforcement continuing education
program fee of three dollars ($3).
Sec. 9. (a) This section applies to criminal actions.
(b) The court shall assess a drug abuse, prosecution,
interdiction, and correction fee of at least two hundred dollars
($200) and not more than one thousand dollars ($1,000) against a
person convicted of an offense under IC 35-48-4.
(c) In determining the amount of the drug abuse, prosecution,
interdiction, and correction fee assessed against a person under
subsection (b), a court shall consider the person's ability to pay the
fee.
(d) The clerk shall collect the drug abuse, prosecution,
interdiction, and correction fee set by the court when a person is
convicted of an offense under IC 35-48-4.
Sec. 10. (a) The clerk shall collect an alcohol and drug
countermeasures fee of two hundred dollars ($200) in each action
in which:
(1) a person is found to have:
(A) committed an offense under IC 9-30-5;
(B) violated a statute defining an infraction under
IC 9-30-5; or
(C) been adjudicated a delinquent for an act that would be
an offense under IC 9-30-5, if committed by an adult; and
(2) the person's driving privileges are suspended by the court
or the bureau of motor vehicles as a result of the finding.
(b) The clerk shall collect an alcohol and drug countermeasures
fee of two hundred dollars ($200) in each action in which:
(1) a person is charged with an offense under IC 9-30-5; and
(2) by a plea agreement or an agreement of the parties that is
approved by the court:
(A) judgment is entered for an offense under:
(i) IC 9-21-8-50;
(ii) IC 9-21-8-52;
(iii) IC 7.1-5-1-3; or
(iv) IC 7.1-5-1-6; and
(B) the defendant agrees to pay the alcohol and drug
counter measures fee.
Sec. 11. (a) This section applies to an action in a circuit court in
a county that has established a program under IC 9-30-9.
(b) The probation department shall collect an alcohol abuse
deterrent program fee and a medical fee set by the court under
IC 9-30-9-8 and deposit the fee into the supplemental adult
probation services fund.
Sec. 12. The court shall order a person to pay a child abuse
prevention fee of one hundred dollars ($100) to the clerk in each
criminal action in which:
(1) the person is found to have committed the offense of:
(A) murder (IC 35-42-1-1);
(B) causing suicide (IC 35-42-1-2);
(C) voluntary manslaughter (IC 35-42-1-3);
(D) reckless homicide (IC 35-42-1-5);
(E) battery (IC 35-42-2-1);
(F) rape (IC 35-42-4-1);
(G) criminal deviate conduct (IC 35-42-4-2);
the civil action a service of process fee of forty dollars ($40), in
addition to any other fee for service of process, if:
(1) a person files a civil action outside Indiana; and
(2) a sheriff in Indiana is requested to perform a service of
process associated with the civil action in Indiana.
(b) A sheriff shall transfer fees collected under this section to the
county auditor of the county in which the sheriff has jurisdiction.
(c) The county auditor shall deposit fees collected under this
section:
(1) in the pension trust established by the county under
IC 36-8-10-12; or
(2) if the county has not established a pension trust under
IC 36-8-10-12, in the county general fund.
Sec. 16. In addition to any other duties, a clerk shall do the
following:
(1) Collect and transfer additional judgments to a county
auditor under IC 9-18-2-41.
(2) Deposit funds collected as judgments in the state highway
fund under IC 9-20-18-12.
(3) Deposit funds in the conservation officers fish and wildlife
fund under IC 14-22-38-4, IC 14-22-38-5, and IC 14-22-40-8.
(4) Deposit funds collected as judgments in the state general
fund under IC 34-28-5-4.
Sec. 17. (a) This section applies to actions in which the court
defers prosecution under IC 33-39-1-8.
(b) In each action in which prosecution is deferred, the clerk
shall collect from the defendant a deferred prosecution fee of fifty
dollars ($50) for court costs.
Sec. 18. (a) In each criminal action in which a person is
convicted of an offense in which the possession or use of a firearm
was an element of the offense, the court shall assess a safe schools
fee of at least two hundred dollars ($200) and not more than one
thousand dollars ($1,000).
(b) In determining the amount of the safe schools fee assessed
against a person under subsection (a), a court shall consider the
person's ability to pay the fee.
(c) The clerk shall collect the safe schools fee set by the court
when a person is convicted of an offense in which the possession or
use of a firearm was an element of the offense.
Sec. 19. (a) The clerk shall collect a jury fee of two dollars ($2)
in each action in which a defendant is found to have committed a
crime, violated a statute defining an infraction, or violated an
ordinance of a municipal corporation.
(b) The fee collected under this section shall be deposited into
the county user fee fund established by IC 33-37-8-5.
Sec. 20. (a) This section applies to all civil, criminal, infraction,
and ordinance violation actions.
(b) The clerk shall collect a document storage fee of two dollars
($2).
Sec. 21. (a) This section applies to all civil, criminal, infraction,
and ordinance violation actions.
(b) The clerk shall collect the following automated record
keeping fee:
(1) Seven dollars ($7) after June 30, 2003, and before July 1,
2009.
(2) Four dollars ($4) after June 30, 2009.
Sec. 22. (a) Except as provided in subsection (e), this section
applies to an action if all the following apply:
(1) The defendant is found, in a court that has a local court
rule imposing a late payment fee under this section, to have:
(A) committed a crime;
(B) violated a statute defining an infraction;
(C) violated an ordinance of a municipal corporation; or
(D) committed a delinquent act.
(2) The defendant is required to pay:
(A) court costs, including fees;
(B) a fine; or
(C) a civil penalty.
(3) The defendant is not determined by the court imposing the
court costs, fine, or civil penalty to be indigent.
(4) The defendant fails to pay to the clerk the costs, fine, or
civil penalty in full before the later of the following:
(A) The end of the business day on which the court enters
the conviction or judgment.
(B) The end of the period specified in a payment schedule
set for the payment of court costs, fines, and civil penalties
under rules adopted for the operation of the court.
(b) A court may adopt a local rule to impose a late payment fee
under this section on defendants described in subsection (a).
(c) Subject to subsection (d), the clerk of a court that adopts a
local rule imposing a late payment fee under this section shall
collect a late payment fee of twenty-five dollars ($25) from a
defendant described in subsection (a).
(d) Notwithstanding IC 33-37-2-2, a court may suspend a late
payment fee if the court finds that the defendant has demonstrated
good cause for failure to make a timely payment of court costs, a
fine, or a civil penalty.
(e) A plaintiff or defendant in an action under IC 33-34 shall
pay a late fee of twenty-five dollars ($25) if the plaintiff or
defendant:
(1) is required to pay court fees or costs under IC 33-34-8-1;
(2) is not determined by the court imposing the court costs to
be indigent; and
(3) fails to pay the costs in full before the later of the
following:
(A) The end of the business day on which the court enters
the judgment.
(B) The end of the period specified in a payment schedule
set for the payment of court costs under rules adopted for
the operation of the court.
A court may suspend a late payment fee if the court finds that the
plaintiff or defendant has demonstrated good cause for failure to
make timely payment of the fee.
Sec. 23. (a) This section applies to criminal actions.
(b) The court shall assess a sexual assault victims assistance fee
of at least two hundred fifty dollars ($250) and not more than one
thousand dollars ($1,000) against an individual convicted in
Indiana of any of the following offenses:
(1) Rape (IC 35-42-4-1).
(2) Criminal deviate conduct (IC 35-42-4-2).
(3) Child molesting (IC 35-42-4-3).
(4) Child exploitation (IC 35-42-4-4(b)).
(5) Vicarious sexual gratification (IC 35-42-4-5).
(6) Child solicitation (IC 35-42-4-6).
(7) Child seduction (IC 35-42-4-7).
(8) Sexual battery (IC 35-42-4-8).
(9) Sexual misconduct with a minor as a Class A or Class B
felony (IC 35-42-4-9).
(10) Incest (IC 35-46-1-3).
Sec. 24. (a) This section applies to a proceeding in a drug court
under IC 12-23-14.5.
(b) The clerk shall collect a drug court fee if payment of the fee
is ordered by a drug court under IC 12-23-14.5-12.
Chapter 6. Credit Card Service Fee
Sec. 1. This chapter applies to any transaction in which:
(1) the clerk is required to collect money from a person,
including:
(A) bail;
(B) a fine;
(C) a civil penalty;
(D) a court fee, court cost, or user fee imposed by the
court; or
(E) a fee for the preparation, duplication, or transmission
of a document; and
(2) the person pays the clerk by means of a credit card, debit
card, charge card, or similar method.
Sec. 2. A payment made under this chapter does not finally
discharge the person's liability, and the person has not paid the
liability until the clerk receives payment or credit from the
institution responsible for making the payment or credit. The clerk
may contract with a bank or credit card vendor for acceptance of
bank or credit cards. However, if there is a vendor transaction
charge or discount fee, whether billed to the clerk or charged
directly to the clerk's account, the clerk may or shall collect a credit
card service fee from the person using the bank or credit card. The
fee collected under this section is a permitted additional charge to
the money the clerk is required to collect under section 1(1) of this
chapter.
Sec. 3. (a) The clerk shall forward credit card service fees
collected under section 2 of this chapter to the county auditor or
the city or town fiscal officer in accordance with IC 33-37-7-12(a).
(b) Funds described in subsection (a) may be used without
appropriation to pay the transaction charge or discount fee
charged by the bank or credit card vendor.
Chapter 7. Distribution of Court Fees
Sec. 1. (a) The clerk of a circuit court shall semiannually
distribute to the auditor of state as the state share for deposit in the
state general fund seventy percent (70%) of the amount of fees
collected under the following:
(1) IC 33-37-4-1(a) (criminal costs fees).
(2) IC 33-37-4-2(a) (infraction or ordinance violation costs
fees).
(3) IC 33-37-4-3(a) (juvenile costs fees).
(4) IC 33-37-4-4(a) (civil costs fees).
(5) IC 33-37-4-5(a) (small claims costs fees).
(6) IC 33-37-4-7(a) (probate costs fees).
(7) IC 33-37-5-17 (deferred prosecution fees).
(b) The clerk of a circuit court shall semiannually distribute to
the auditor of state for deposit in the state user fee fund established
by IC 33-37-9-2 the following:
(1) Twenty-five percent (25%) of the drug abuse, prosecution,
interdiction, and correction fees collected under
IC 33-37-4-1(b)(5).
(2) Twenty-five percent (25%) of the alcohol and drug
countermeasures fees collected under IC 33-37-4-1(b)(6),
IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
(3) Fifty percent (50%) of the child abuse prevention fees
collected under IC 33-37-4-1(b)(7).
(4) One hundred percent (100%) of the domestic violence
prevention and treatment fees collected under
IC 33-37-4-1(b)(8).
(5) One hundred percent (100%) of the highway work zone
fees collected under IC 33-37-4-1(b)(9) and IC 33-37-4-2(b)(5).
(6) One hundred percent (100%) of the safe schools fee
collected under IC 33-37-5-18.
(7) One hundred percent (100%) of the automated record
keeping fee (IC 33-37-5-21).
(c) The clerk of a circuit court shall distribute monthly to the
county auditor the following:
(1) Seventy-five percent (75%) of the drug abuse, prosecution,
interdiction, and correction fees collected under
IC 33-37-4-1(b)(5).
(2) Seventy-five percent (75%) of the alcohol and drug
countermeasures fees collected under, IC 33-37-4-1(b)(6),
IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
The county auditor shall deposit fees distributed by a clerk under
this subsection into the county drug free community fund
established under IC 5-2-11.
(d) The clerk of a circuit court shall distribute monthly to the
county auditor fifty percent (50%) of the child abuse prevention
fees collected under IC 33-37-4-1(b)(7). The county auditor shall
deposit fees distributed by a clerk under this subsection into the
county child advocacy fund established under IC 12-17-17.
(e) The clerk of a circuit court shall distribute monthly to the
county auditor one hundred percent (100%) of the late payment
fees collected under IC 33-37-5-22. The county auditor shall
deposit fees distributed by a clerk under this subsection as follows:
(1) If directed to do so by an ordinance adopted by the county
fiscal body, the county auditor shall deposit forty percent
(40%) of the fees in the clerk's record perpetuation fund
established under IC 33-37-5-2 and sixty percent (60%) of the
fees in the county general fund.
(2) If the county fiscal body has not adopted an ordinance
described in subdivision (1), the county auditor shall deposit
all the fees in the county general fund.
(f) The clerk of the circuit court shall distribute semiannually
to the auditor of state for deposit in the sexual assault victims
assistance fund established by IC 16-19-13-6 one hundred percent
(100%) of the sexual assault victims assistance fees collected under
IC 33-37-5-23.
(g) The clerk of a circuit court shall distribute monthly to the
county auditor the following:
(1) One hundred percent (100%) of the support and
maintenance fees for cases designated as non-Title IV-D child
support cases in the Indiana support enforcement tracking
system (ISETS) collected under IC 33-37-5-6.
(2) The percentage share of the support and maintenance fees
for cases designated as IV-D child support cases in ISETS
collected under IC 33-37-5-6 that is reimbursable to the
county at the federal financial participation rate.
The county clerk shall distribute monthly to the office of the
secretary of family and social services the percentage share of the
support and maintenance fees for cases designated as Title IV-D
child support cases in ISETS collected under IC 33-37-5-6 that is
not reimbursable to the county at the applicable federal financial
participation rate.
(h) This section expires July 1, 2005.
Sec. 2. (a) The clerk of a circuit court shall distribute
semiannually to the auditor of state as the state share for deposit
in the state general fund seventy percent (70%) of the amount of
fees collected under the following:
(1) IC 33-37-4-1(a) (criminal costs fees).
(2) IC 33-37-4-2(a) (infraction or ordinance violation costs
fees).
(3) IC 33-37-4-3(a) (juvenile costs fees).
(4) IC 33-37-4-4(a) (civil costs fees).
(5) IC 33-37-4-6(a)(1) (small claims costs fees).
(6) IC 33-37-4-7(a) (probate costs fees).
(7) IC 33-37-5-17 (deferred prosecution fees).
(b) The clerk of a circuit court shall distribute semiannually to
the auditor of state for deposit in the state user fee fund established
in IC 33-37-9-2 the following:
and town described in subsection (a) the amount computed for that
city or town under STEP FOUR of subsection (b).
(d) This section expires July 1, 2005.
Sec. 6. (a) The qualified municipality share to be distributed to
each city and town maintaining a law enforcement agency that
prosecutes at least fifty percent (50%) of the city's or town's
ordinance violations in a circuit, superior, or county court located
in the county is three percent (3%) of the amount of fees collected
under the following:
(1) IC 33-37-4-1(a) (criminal costs fees).
(2) IC 33-37-4-2(a) (infraction or ordinance violation costs
fees).
(3) IC 33-37-4-3(a) (juvenile costs fees).
(4) IC 33-37-4-4(a) (civil costs fees).
(5) IC 33-37-4-6(a)(1) (small claims costs fees).
(6) IC 33-37-4-7(a) (probate costs fees).
(7) IC 33-37-5-17 (deferred prosecution fees).
(b) The county auditor shall determine the amount to be
distributed to each city and town qualified under subsection (a) as
follows:
STEP ONE: Determine the population of the qualified city or
town.
STEP TWO: Add the populations of all qualified cities and
towns determined under STEP ONE.
STEP THREE: Divide the population of each qualified city
and town by the sum determined under STEP TWO.
STEP FOUR: Multiply the result determined under STEP
THREE for each qualified city and town by the amount of the
qualified municipality share.
(c) The county auditor shall distribute semiannually to each city
and town described in subsection (a) the amount computed for that
city or town under STEP FOUR of subsection (b).
(d) This section applies after June 30, 2005.
Sec. 7. (a) The clerk of a city or town court shall distribute
semiannually to the auditor of state as the state share for deposit
in the state general fund fifty-five percent (55%) of the amount of
fees collected under the following:
(1) IC 33-37-4-1(a) (criminal costs fees).
(2) IC 33-37-4-2(a) (infraction or ordinance violation costs
fees).
(3) IC 33-37-4-4(a) (civil costs fees).
(4) IC 33-37-4-5 (small claims costs fees).
interdiction, and corrections fees collected under
IC 33-37-4-1(b)(5).
(2) Twenty-five percent (25%) of the alcohol and drug
countermeasures fees collected under IC 33-37-4-1(b)(6),
IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
(3) One hundred percent (100%) of the highway work zone
fees collected under IC 33-37-4-1(b)(9) and IC 33-37-4-2(b)(5).
(4) One hundred percent (100%) of the safe schools fee
collected under IC 33-37-5-18.
(5) One hundred percent (100%) of the automated record
keeping fee (IC 33-37-5-21).
(e) The clerk of a city or town court shall distribute monthly to
the county auditor the following:
(1) Seventy-five percent (75%) of the drug abuse, prosecution,
interdiction, and corrections fees collected under
IC 33-37-4-1(b)(5).
(2) Seventy-five percent (75%) of the alcohol and drug
countermeasures fees collected under IC 33-37-4-1(b)(6),
IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5).
The county auditor shall deposit fees distributed by a clerk under
this subsection into the county drug free community fund
established under IC 5-2-11.
(f) The clerk of a city or town court shall distribute monthly to
the city or town fiscal officer (as defined in IC 36-1-2-7) one
hundred percent (100%) of the late payment fees collected under
IC 33-37-5-22. The city or town fiscal officer (as defined in
IC 36-1-2-7) shall deposit fees distributed by a clerk under this
subsection in the city or town general fund.
(g) This section applies after June 30, 2005.
Sec. 9. (a) On June 30 and on December 31 of each year, the
auditor of state shall transfer to the treasurer of state six million
seven hundred four thousand two hundred fifty-seven dollars
($6,704,257) for distribution under subsection (b).
(b) On June 30 and on December 31 of each year the treasurer
of state shall deposit into:
(1) the family violence and victim assistance fund established
by IC 12-18-5-2 an amount equal to eleven and
eight-hundredths percent (11.08%);
(2) the Indiana judges' retirement fund established by
IC 33-38-6-12 an amount equal to twenty-five and twenty-one
hundredths percent (25.21%);
(3) the law enforcement academy building fund established by
IC 5-2-1-13 an amount equal to three and fifty-two
hundredths percent (3.52%);
(4) the law enforcement training fund established by
IC 5-2-1-13 an amount equal to fourteen and
nineteen-hundredths percent (14.19%);
(5) the violent crime victims compensation fund established by
IC 5-2-6.1-40 an amount equal to sixteen and fifty-hundredths
percent (16.50%);
(6) the motor vehicle highway account an amount equal to
twenty-six and ninety-five hundredths percent (26.95%);
(7) the fish and wildlife fund established by IC 14-22-3-2 an
amount equal to thirty-two hundredths of one percent
(0.32%); and
(8) the Indiana judicial center drug and alcohol programs
fund established by IC 12-23-14-17 for the administration,
certification, and support of alcohol and drug services
programs under IC 12-23-14 an amount equal to two and
twenty-three hundredths percent (2.23%);
of the amount transferred by the auditor of state under subsection
(a).
(c) On June 30 and on December 31 of each year the auditor of
state shall transfer to the treasurer of state one million two
hundred thousand dollars ($1,200,000) for deposit into the public
defense fund established by IC 33-40-6-1.
Sec. 10. (a) In a county having a judicial circuit in which either
IC 31-12-1 or IC 31-12-2 applies, the county fiscal body shall
annually appropriate an amount necessary to carry out the
administration and the purposes of the programs established under
these chapters.
(b) Requests for funding under this section must be submitted
under IC 36-2-5-4 or IC 36-3-6-4.
Sec. 11. (a) This section applies to a county in which there is
established a pension trust under IC 36-8-10-12.
(b) For each service of a writ, an order, a process, a notice, a tax
warrant, or other paper completed by the sheriff of a county
described in subsection (a), the sheriff shall submit to the county
fiscal body a verified claim of service.
(c) From the county share distributed under section 3 or 4 of
this chapter and deposited into the county general fund, the county
fiscal body shall appropriate twelve dollars ($12) for each verified
claim submitted by the sheriff under subsection (b). Amounts
appropriated under this subsection shall be deposited by the county
auditor into the pension trust established under IC 36-8-10-12.
Sec. 12. (a) Except:
(1) for the state share prescribed by section 1 or 2 of this
chapter for semiannual distribution; and
(2) as provided under sections 1(g) and 2(g) of this chapter,
IC 33-32-4-6, and IC 33-37-5-2;
not later than thirty (30) days after the clerk collects a fee, the
clerk shall forward the fee to the county auditor if the clerk is a
clerk of a circuit court, and to the city or town fiscal officer if the
clerk is the clerk of a city or town court.
(b) If part of the fee is collected on behalf of another person for
service as a juror or witness, the county auditor or city or town
fiscal officer shall forward that part of the fee to the person not
later than forty-five (45) days after the auditor or fiscal officer
receives the claim for the fee.
(c) Except for amounts deposited in a user fee fund established
under IC 33-37-8, the county auditor shall distribute fees received
from the clerk to the following:
(1) The county treasurer for deposit in the county general
fund, if the fee belongs to the county.
(2) The fiscal officer of a city or town, if the fee belongs to the
city or town under section 5 or 6 of this chapter.
(d) Except for amounts deposited in a user fee fund established
under IC 33-37-8, the city or town fiscal officer shall deposit all
fees received from a clerk in the city's or town's treasury.
(e) The clerk shall forward the state share of each fee to the
state treasury at the clerk's semiannual settlement for state
revenue.
Chapter 8. Local User Fee Funds
Sec. 1. As used in this chapter, "city or town fund" refers to the
city or town user fee fund established under section 3 of this
chapter.
Sec. 2. As used in this chapter, "county fund" refers to the
county user fee fund established under section 5 of this chapter.
Sec. 3. (a) A city or town user fee fund is established in each city
or town having a city or town court for the purpose of
supplementing the cost of various program services. The city or
town fund is administered by the fiscal officer of the city or town.
(b) The city or town fund consists of the following fees collected
by a clerk under this article:
(1) The pretrial diversion program fee.
(2) The alcohol and drug services fee.
day.
Sec. 2. (a) A witness in a criminal action may receive a fee if the
witness:
(1) is summoned by the state;
(2) is named on the indictment or information; and
(3) testifies under oath to a material fact in aid of the
prosecution.
(b) A fee paid under subsection (a) is the sum of the following:
(1) An amount for mileage at the mileage rate paid to state
officers for each mile necessarily traveled to and from the
court.
(2) For each day of attendance in court equal to:
(A) fifteen dollars ($15) for witnesses subpoenaed under
IC 35-37-5-4; or
(B) five dollars ($5) for all other witnesses.
Sec. 3. A witness in an action listed in IC 33-37-4-2,
IC 33-37-4-3, IC 33-37-4-4, IC 33-37-4-5, IC 33-37-4-6, and
IC 33-37-4-7 is entitled to the sum of the following:
(1) An amount for mileage at the mileage rate paid to state
officers for each mile necessarily traveled to and from the
court.
(2) Five dollars ($5) for each day of attendance in court.
Sec. 4. (a) The clerk shall note witness and juror fees when the
fees are claimed and forward the claims to the county auditor or
city or town fiscal officer.
(b) The clerk is not entitled to a fee for providing an affidavit or
other proof of attendance to a juror or witness.
(c) The county auditor or city or town fiscal officer shall
disburse juror or witness fees claimed under this section as
provided in IC 33-37-7-12.
Chapter 11. Jury Pay Fund
Sec. 1. As used in this chapter, "jury pay fund" refers to the
jury pay fund established under section 2 of this chapter.
Sec. 2. (a) A jury pay fund is established for each county to
supplement the cost of paying jury fees. The jury pay fund is
administered by the county auditor.
(b) The jury pay fund consists of amounts deposited by the
county auditor under IC 33-37-8-5(c) and the fees collected under
IC 33-37-5-19 from defendants who:
(1) committed a crime;
(2) violated a statute defining an infraction; or
(3) violated an ordinance of a municipal corporation.
municipal court, a certified copy of the appointment shall be sent
by the appointing authority to the clerk of the circuit court of the
county in which the city is located.
Sec. 2. The appointment described in section 1 of this chapter
shall be recorded in the order book of the circuit court, and the
record authorizes the clerk to certify that the judge is the:
(1) appointed;
(2) qualified; and
(3) acting;
judge of the city or municipal court for which the judge was
appointed.
Chapter 4. Chief Clerk in Marion and Lake Counties
Sec. 1. The judge of the circuit court in a county having a
population of at least four hundred thousand (400,000) may
appoint a chief clerk for the court.
Sec. 2. The salary for the chief clerk:
(1) shall be fixed by the judge of the court;
(2) may not be more than four thousand eight hundred dollars
($4,800) per year; and
(3) shall be paid in monthly installments from the county
treasury of the county in which the court is located.
Sec. 3. The chief clerk may administer oaths that are convenient
or necessary to be administered in the discharge of the clerk's
duties, for which there is no charge or expense incurred.
Sec. 4. The chief clerk must be:
(1) a graduate of an approved law school; and
(2) admitted to the practice of law in Indiana.
Sec. 5. The county council of the county shall appropriate the
money requested by the presiding judge of the circuit court for
payment of the salary of the chief clerk, not exceeding the
maximum amount of salary provided for by this section.
Chapter 5. Salaries
Sec. 1. There is appropriated from the state general fund a
sufficient amount to pay the state general fund contributions under
this chapter.
Sec. 2. The county councils of the counties of the state shall
appropriate annually a sufficient amount to pay the county salaries
under this chapter.
Sec. 3. (a) This section applies to a judicial circuit that is
composed of more than one (1) county.
(b) The counties comprising a circuit to which this section
applies are considered one (1) county for purposes of this chapter.
Each county in the circuit shall pay part of the county salary in the
same proportion as the county's individual classification factor
bears to the classification factor of the judicial circuit.
Sec. 4. For purposes of this chapter, each county is:
(1) graded on the basis of population and gross assessed
valuation; and
(2) set up on the percentage ratio it bears to the state, the
whole state being considered as one hundred percent (100%).
Sec. 5. (a) The nine (9) classes of the several counties of the state
as set out in this chapter are based on a unit factor system. The
factors are determined by the relation of the county to the state as
established and certified to each county auditor by the state board
of accounts not later than July 1 of each year. They are as follows:
(1) Population.
(2) Gross assessed valuation as shown by the last preceding
gross assessed valuation as certified by the various counties to
the auditor of the state in the calendar year in which the
calculation is made.
(b) The factors for each of the nine (9) classes set out in this
chapter shall be obtained as follows:
(1) The population of each county shall be divided by the
population of the entire state.
(2) The gross assessed valuation of each county shall be
divided by the gross assessed valuation of the entire state.
(3) The results obtained under subdivision (1) and (2) shall be
added together and the sum obtained for each county shall be
divided by two (2).
(4) The result obtained under subdivision (3), multiplied by
one hundred (100), determines the classification of each
county according to the following schedule:
circuit, superior, municipal, county, or probate court is:
(1) ninety thousand dollars ($90,000), paid by the state; and
(2) any additional salary provided by the county under
IC 36-2-5-14 or IC 36-3-6-3(c).
The state shall deposit quarterly the money received from the
counties under subsection (c) for additional salary in the state
general fund.
(b) Before November 2 of each year, the county auditor of each
county shall certify to the division of state court administration the
amounts, if any, to be provided by the county during the ensuing
calendar year for judges' salaries under IC 36-2-5-14 or
IC 36-3-6-3(c).
(c) When making each payment under subsection (a), the county
shall determine for each judge whether the total of:
(1) the payment made on behalf of that judge;
(2) previous payments made on behalf of that judge in the same
calendar year; and
(3) the state share of the judge's salary under subsection (a);
exceeds the Social Security wage base established by the federal
government for that year. If the total does not exceed the Social
Security wage base, the payment on behalf of that judge must also
be accompanied by an amount equal to the employer's share of
Social Security taxes and Medicare taxes. If the total exceeds the
Social Security wage base, the part of the payment on behalf of the
judge that is below the Social Security wage base must be
accompanied by an amount equal to the employer's share of Social
Security taxes and Medicare taxes, and the part of the payment on
behalf of the judge that exceeds the Social Security wage base must
be accompanied by an amount equal to the employer's share of
Medicare taxes. Payments made under this subsection shall be
deposited in the state general fund under subsection (a).
(d) For purposes of determining the amount of life insurance
premiums to be paid by a judge who participates in a life insurance
program that:
(1) is established by the state;
(2) applies to a judge who is covered by this section; and
(3) bases the amount of premiums to be paid by the judge on
the amount of the judge's salary;
the judge's salary does not include any amounts paid to the state by
a county under subsection (a).
Sec. 7. Of the annual salary of a juvenile court magistrate, the
county served by the magistrate shall pay forty-one thousand three
hundred ninety-three dollars ($41,393). The balance of the annual
salary shall be paid by the state from the state general fund.
Sec. 8. (a) The total annual salary for each justice of the supreme
court is one hundred fifteen thousand dollars ($115,000).
(b) The total annual salary for each judge of the court of appeals
is one hundred ten thousand dollars ($110,000).
(c) The state shall pay the annual salaries prescribed in
subsections (a) through (b) from the state general fund.
(d) In addition to salary, the state shall pay to a justice or judge,
in equal monthly payments on the first day of each month from
money in the state general fund not otherwise appropriated, the
following annual subsistence allowances to assist in defraying
expenses relating to or resulting from the discharge of the justice's
or judge's official duties:
(1) Five thousand five hundred dollars ($5,500) to the chief
justice of the supreme court.
(2) Five thousand five hundred dollars ($5,500) to the chief
judge of the court of appeals.
(3) Three thousand dollars ($3,000) to each justice of the
supreme court who is not the chief justice.
(4) Three thousand dollars ($3,000) to each judge of the court
of appeals who is not the chief judge.
A justice or judge is not required to make an accounting for an
allowance received under this subsection.
(e) The state may not furnish automobiles for the use of justices
or judges compensated under this section.
Sec. 9. (a) A judge described in section 6 of this chapter, the
justices of the supreme court, and the judges of the court of appeals
shall:
(1) formulate;
(2) post in a prominent place; and
(3) make available to the public;
a schedule of the working hours during which the court will be
open and during which each judge or justice will be present.
(b) A judge or justice shall hold the court open and be available
in the court during:
(1) regular business hours; or
(2) the hours specified on the schedule, if the business of the
court requires evening or weekend sessions.
(c) A judge or justice may be absent from the court due to official
business, matters relating to the judge's or justice's judicial office,
illness, serious personal matters, or regular vacation.
In order to meet those requirements, the fund is subject to the
following provisions:
(A) The life expectancy of a participant, the participant's
spouse, or the participant's beneficiary shall not be
recalculated after the initial determination, for purposes of
determining benefits.
(B) If a participant dies before the distribution of the
participant's benefits has begun, distributions to
beneficiaries must begin not later than December 31 of the
calendar year immediately following the calendar year in
which the participant died.
(6) The board may not:
(A) determine eligibility for benefits;
(B) compute rates of contribution; or
(C) compute benefits of participants or beneficiaries;
in a manner that discriminates in favor of participants who are
considered officers, supervisors, or highly compensated, as
prohibited under Section 401(a)(4) of the Internal Revenue
Code.
(7) The salary taken into account under this chapter,
IC 33-38-7, or IC 33-38-8 may not exceed the applicable
amount under Section 401(a)(17) of the Internal Revenue
Code.
Sec. 14. The board shall administer the fund in a manner that is
consistent with the Americans with Disabilities Act, to the extent
required by the act.
Sec. 15. (a) Conditions for participation in the fund,
contributions to the fund, withdrawal from the fund, and eligibility
for and computation of benefits for participants and their
survivors are governed by IC 33-38-7 and IC 33-38-8.
(b) Notwithstanding any provision of this chapter, IC 33-38-7, or
IC 33-38-8, the fund must be administered in a manner consistent
with the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et
seq.). A participant on a leave of absence that qualifies for the
benefits and protections afforded by the Family and Medical Leave
Act is entitled to receive credit for vesting and eligibility purposes
to the extent required by the Family and Medical Leave Act but is
not entitled to receive credit for service for benefit purposes.
(c) Notwithstanding any provision of this chapter, IC 33-38-7,
and IC 33-38-8, a participant is entitled to service credit and
benefits in the amount and to the extent required by the Uniformed
Services Employment and Reemployment Rights Act (38 U.S.C.
4301 et seq.).
Sec. 16. (a) The governor may conduct, or cause to be conducted,
a referendum for the judges who are covered by the provisions of
the judges' retirement fund to determine whether the judges
covered by the retirement fund shall be excluded from or included
in the agreement negotiated under the provisions of Section 218 of
the federal Social Security Act (as defined in IC 5-10.1-1-9). The
referendum must be conducted in full compliance with all the
requirements of Section 218(d) of the federal Social Security Act.
The governor shall designate the board as the agency to conduct
and supervise the referendum, and the expense of conducting the
referendum shall be paid from funds appropriated to the fund.
(b) If the majority of the judges who are eligible to vote in the
referendum described in subsection (a) vote in the negative, the
board may request that a subsequent referendum be conducted in
the same manner and with the same effect described in subsection
(a). However, a subsequent referendum may not be conducted
within one (1) year after the date of the prior referendum.
(c) If a majority of the judges who are eligible to vote in the
referendum described in subsection (a) vote in the affirmative,
both the:
(1) judges covered by the retirement fund; and
(2) judges who waived their right to be covered by the
provisions of the retirement fund;
shall be included in the agreement negotiated by the state with the
Secretary of the United States Department of Health and Human
Services in the same manner provided in IC 5-10.1-4 for the
inclusion of services covered by the retirement systems specified in
IC 5-10.1-4-1 in the agreement.
(d) Each judge whose services are covered by Social Security is
required to pay during the period of the judge's service the
employee contributions required by the agreement. The
contributions shall begin on the effective date of the judge's
coverage and are subject to the terms and conditions of IC 5-10.1.
(e) The auditor of state shall pay the employer contributions
required under the agreement wholly from funds appropriated to
the fund, and the contributions begin on the effective date of the
modification that adds the judges of the fund to the federal-state
agreement. The employer contributions shall be paid in the manner
provided in the agreement.
(f) The modification of the federal-state agreement to effectuate
the participation of the judges in the agreement must be effective
for services performed on a date fixed and determined by the
board.
Sec. 17. (a) For purposes of this chapter, there is appropriated
for each biennium a sum of money, computed on an actuarially
funded basis, as follows:
(1) From the state general fund for participants' retirement
benefits, the amount determined by the board, on
recommendation of an actuary, which, when added to the part
of the fund held for benefits at the date of the appropriation, is
equal to the total liability of the fund for benefits to the end of
the biennium.
(2) From the earnings on the fund, for administration
purposes, the amount required during the biennium, as
determined by the board on the basis of experience. The
amount required for administration shall be paid out as the
operating expenses of other state departments are paid.
(b) The biennial appropriation provided in this section shall be
credited to the board annually in equal installments in July of each
year of the biennium.
Sec. 18. The amount appropriated under section 17 of this
chapter for participants' retirement benefits shall be used for
retirement benefits under IC 33-38-7 and IC 33-38-8.
Sec. 19. The fund shall be construed to be a trust, separate and
distinct from all other entities, maintained to secure payment of
benefits to the participants and their beneficiaries, as prescribed in
IC 33-38-7 and IC 33-38-8.
Sec. 20. In addition to the purpose set forth in section 19 of this
chapter, the fund may be used for the payment of the costs of
administering this chapter.
Sec. 21. (a) When drawing a salary warrant for a participant, the
auditor of state and the county auditor shall deduct from the
amount of the warrant the participant's contribution, if any, to the
fund in the amount certified in the vouchers or an order issued by
the director.
(b) The auditor of state and the county auditor shall draw a
warrant to the fund for the total contributions withheld from the
participants each month. The warrant drawn to the fund together
with a list of participants and the amount withheld from each
participant shall be transmitted immediately to the director.
(c) The auditor of state shall draw warrants upon the treasurer
of state, payable from the fund, for purposes provided for in this
chapter, upon the presentation of vouchers or an order signed by
the director of the board in accordance with resolutions of the
board.
Sec. 22. The auditor of state and the county auditor in the
preparation of salary warrants to participants shall indicate on the
payroll voucher the following information, in addition to other
things:
(1) The amount of the participant's contribution to the fund
deducted from the salary of the participant.
(2) The net amount payable to the participant, after the
deduction of the participant's contribution.
Sec. 23. (a) The board of trustees of the public employees'
retirement fund shall administer the fund, which may be
commingled with the public employees' retirement fund for
investment purposes.
(b) The board shall:
(1) determine eligibility for and make payments of benefits
under IC 33-38-7 and IC 33-38-8;
(2) in accordance with the powers and duties granted it in
IC 5-10.3-3-7, IC 5-10.3-3-7.1, IC 5-10.3-3-8, and IC 5-10.3-5-3
through IC 5-10.3-5-6, administer the fund; and
(3) provide by rule for the implementation of this chapter and
IC 33-38-7 and IC 33-38-8.
(c) A determination by the board may be appealed under the
procedures in IC 4-21.5.
(d) The powers and duties of the director and the actuary of the
board, the treasurer of state, the attorney general, and the auditor
of state, with respect to the fund, are those specified in IC 5-10.3-3
and IC 5-10.3-4.
(e) The board may hire additional personnel, including hearing
officers, to assist it in the implementation of this chapter.
Sec. 24. Notwithstanding any other provision of this chapter,
IC 33-38-7, or IC 33-38-8, to the extent required by Internal
Revenue Code Section 401(a)(31) of the Internal Revenue Code, as
added by the Unemployment Compensation Amendments of 1992
(P.L. 102-318), and any amendments and regulations related to
Section 401(a)(31) of the Internal Revenue Code, the fund shall
allow participants and qualified beneficiaries to elect a direct
rollover of eligible distributions to another eligible retirement plan.
Sec. 25. (a) A judge is entitled to a month of service credit for
services performed in any fraction of a calendar month. However,
a judge is not entitled to more than one (1) month of credit for
services performed in a calendar month.
chapter is considered a reference to the judges' retirement fund
under this article.
Chapter 7. 1977 Retirement, Disability, and Death System
Sec. 1. This chapter applies only to an individual who begins
service as a judge before September 1, 1985.
Sec. 2. As used in this chapter, "Americans with Disabilities Act"
refers to the Americans with Disabilities Act (42 U.S.C. 12101 et
seq.) and any amendments and regulations related to the Act.
Sec. 3. As used in this chapter, "board" refers to the board of
trustees of the public employees' retirement fund.
Sec. 4. As used in this chapter, "employer" means the state of
Indiana.
Sec. 5. As used in this chapter, "fund" refers to the Indiana
judges' retirement fund established by IC 33-38-6-12.
Sec. 6. As used in this chapter, "Internal Revenue Code":
(1) means the Internal Revenue Code of 1954, as in effect on
September 1, 1974, if permitted with respect to governmental
plans; or
(2) to the extent consistent with subdivision (1), has the
meaning set forth in IC 6-3-1-11.
Sec. 7. As used in this chapter, "participant" means a judge who
participates in the fund.
Sec. 8. As used in this chapter, "salary" means the total salary
paid to a participant by the state and by a county or counties,
determined without regard to any salary reduction agreement
established under Section 125 of the Internal Revenue Code.
Sec. 9. As used in this chapter, "services" means the period
beginning on the first day a person first becomes a judge, whether
the date is before, on, or after March 11, 1953, and ending on the
date under consideration and includes all intervening employment
as a judge.
Sec. 10. (a) A person who completed at least eight (8) years of
service as a judge before July 1, 1953, may become a participant in
the fund and be subject to this chapter if the person qualifies for
benefits under section 11 of this chapter. A person who is a judge
on July 1, 1953, shall become a participant in the fund and be
subject to this chapter, beginning on July 1, 1953, unless twenty
(20) days before July 1, 1953, the judge files with the board a
written notice of election not to participate in the fund.
(b) A person who:
(1) becomes a judge after July 1, 1953, and before September
1, 1985; and
eight (8) full years of service, an additional percentage shall be
calculated by prorating between the applicable percentages, based
on the number of months in the partial year of service. A
participant who elects to accept retirement before July 1, 1977, is
entitled to an annual retirement benefit that equals the average of
the benefit computed under this subsection and the benefit the
participant would have received under IC 33-38-6 as in effect on
June 30, 1977.
(e) If the annual retirement benefit of a participant who began
service as a judge before July 1, 1977, as computed under
subsection (d), is less than the amount the participant would have
received under IC 33-38-6 as in effect on June 30, 1977, the
participant is entitled to receive the greater amount as the
participant's annual retirement benefit instead of the benefit
computed under subsection (d).
(f) Except as provided in subsections (b)(2)(B) and (d), if a
participant who elects to accept retirement after June 30, 1977, has
not attained sixty-five (65) years of age, the participant is entitled
to receive a reduced annual retirement benefit that equals the
benefit that would be payable if the participant were sixty-five (65)
years of age reduced by one-tenth percent (0.1%) for each month
that the participant's age at retirement precedes the participant's
sixty-fifth birthday. This reduction does not apply to:
(1) participants who are separated from service because of
permanent disability;
(2) survivors of participants who die while in service after
August 1, 1992; or
(3) survivors of participants who die while not in service but
while entitled to a future benefit.
(g) A participant who is permanently disabled is entitled to an
annual benefit equal to the product of:
(1) the salary being paid for the office that the participant held
at the time of separation from service; multiplied by
(2) the percentage prescribed in the following table:
retired and begun receiving retirement annuity benefits before
death; or
(2) the amount determined under TABLE C in subsection
(h)(2).
(j) If a participant:
(1) dies after June 30, 1983; and
(2) on the date of the participant's death:
(A) was receiving benefits under this chapter;
(B) had completed at least eight (8) years of service and was
in service as a judge;
(C) was permanently disabled; or
(D) had completed at least eight (8) years of service, was not
still in service as a judge, and was entitled to a future benefit;
the participant's surviving spouse or surviving child or children, as
designated by the participant, is or are entitled, regardless of the
participant's age, to an annuity in an amount equal to the greater
of the amount determined under TABLE C in subsection (h)(2) or
fifty percent (50%) of the amount of retirement annuity the
participant was drawing at the time of death, or to that which the
participant would have been entitled had the participant retired
and begun receiving retirement annuity benefits on the
participant's date of death, with reductions as necessary under
subsection (f).
(k) Notwithstanding subsection (j), if a participant:
(1) died after June 30, 1983, and before July 1, 1985; and
(2) was serving as a judge at the time of death;
the surviving spouse is entitled to the same retirement annuity as
the surviving spouse of a permanently disabled participant entitled
to benefits under subsection (i).
(l) The annuity payable to a surviving child or children under
subsection (h), (i), or (j), is subject to the following:
(1) The total monthly benefit payable to a surviving child or
children is equal to the same monthly annuity that was to have
been payable to the surviving spouse.
(2) If there is more than one (1) child designated by the
participant, then the children are entitled to share the annuity
in equal monthly amounts.
(3) Each child entitled to an annuity shall receive that child's
share until the child becomes eighteen (18) years of age or
during the entire period of the child's physical or mental
disability, whichever period is longer.
(4) Upon the cessation of payments to one (1) designated child,
if there is at least one (1) other child then surviving and still
entitled to payments, the remaining child or children shall
share equally the annuity. If the surviving spouse of the
participant is surviving upon the cessation of payments to all
designated children, the surviving spouse will then receive the
annuity for the remainder of the surviving spouse's life.
(5) The annuity shall be payable to the participant's surviving
spouse if any of the following occur:
(A) No child named as a beneficiary by a participant survives
the participant.
(B) No children designated by the participant are entitled to
an annuity due to their age at the time of death of the
participant.
(C) A designation is not made.
(6) An annuity payable to a surviving child or children may be
paid to a trust or a custodian account under IC 30-2-8.5,
established for the surviving child or children as designated by
the participant.
Sec. 12. (a) Benefits provided under this section are subject to
IC 33-38-6-13.
(b) A participant is considered permanently disabled if the board
has received a written certificate by at least two (2) licensed and
practicing physicians, appointed by the board, indicating that:
(1) the participant is totally incapacitated, by reason of
physical or mental infirmities, from earning a livelihood; and
(2) the condition is likely to be permanent.
(c) The participant shall be reexamined by at least two (2)
physicians appointed by the board at the times as the board
designates but at intervals not to exceed one (1) year. If, in the
opinion of these physicians, the participant has recovered from the
participant's disability, then benefits cease to be payable as of the
date of the examination unless, on that date, the participant is:
(1) at least sixty-five (65) years of age; or
(2) at least fifty-five (55) years of age and meets the
requirements under section 11(b)(2)(B) of this chapter.
(d) To the extent required by the Americans with Disabilities Act,
the transcripts, reports, records, and other material generated by
the initial and periodic examinations and reviews to determine
eligibility for disability benefits under this section shall be:
(1) kept in separate medical files for each member; and
(2) treated as confidential medical records.
Sec. 13. (a) Except as otherwise provided in this chapter, a
participant:
(1) whose employment as a judge is terminated regardless of
cause; and
(2) who has less than twelve (12) years service;
is entitled to withdraw from the fund, beginning on the date
specified by the participant in a written application. However, the
date on which the withdrawal begins may not be before the date of
final termination of employment of the participant, or the date
thirty (30) days before the receipt of the application by the board.
(b) Upon the withdrawal, a participant is entitled to receive out
of the fund an amount equal to the total sum contributed to the
fund on behalf of the participant, payable within sixty (60) days
after date of the withdrawal application or in monthly installments
as the participant may elect.
Sec. 14. (a) Benefits provided under this section are subject to
IC 33-38-6-13 and section 16 of this chapter.
(b) If annuities are not payable to the survivors of a participant
who dies after July 1, 1983, the surviving spouse or child or
children of the participant, if any, as determined by the
participant, and if none survive, then any dependent or dependents
surviving shall draw from the fund the amount that the participant
paid into the fund plus interest as determined by the board. If no
spouse, child or children, or other dependents survive, then the
amount plus interest minus any payments made to the participant
shall be paid to the executor or administrator of the participant's
estate.
(c) The amount owed a spouse, child or children, or other
dependent, or estate under this section is payable within sixty (60)
days after date of the withdrawal application or in the monthly
installments as the recipient may elect.
Sec. 15. (a) Benefits provided under this section are subject to
IC 33-38-6-13 and section 16 of this chapter.
(b) If a participant's spouse does not survive the participant, and
a child is not designated and entitled to receive an annuity under
section 11 of this chapter, any surviving dependent child of a
participant is, upon the death of the participant, entitled to an
annuity in an amount equal to the annuity the participant's spouse
would have received under section 11 of this chapter.
(c) If a surviving spouse of a decedent participant dies and a
dependent child of the surviving spouse and the decedent
participant survives them, then that dependent child is entitled to
receive an annuity in an amount equal to the annuity the spouse
was receiving or would have received under section 11 of this
chapter.
(d) If there is more than one (1) dependent child, the dependent
children are entitled to share the annuity equally.
(e) Each dependent child is entitled to receive that child's share
until the child becomes eighteen (18) years of age or during the
entire period of the child's physical or mental disability, whichever
period is longer.
Sec. 16. Notwithstanding any other provision of this chapter, and
solely for the purposes of the benefits provided under this chapter,
the benefit limitations of Section 415 of the Internal Revenue Code
shall be determined by applying the provisions of Section
415(b)(10) of the Internal Revenue Code, as amended by the
Technical and Miscellaneous Revenue Act of 1988 (P.L.100-647).
This section constitutes an election under Section 415(b)(10)(C) of
the Internal Revenue Code to have Section 415(b) of the Internal
Revenue Code (other than Section 415(b)(2)(G)) applied without
regard to Section 415(b)(2)(F) to anyone who did not first become
a participant before January 1, 1990.
Sec. 17. (a) A judge is entitled to a month of service credit for
services performed in any fraction of a calendar month. However,
a judge is not entitled to more than one (1) month of credit for
services performed in a calendar month.
(b) Except as otherwise provided in this chapter, if a judge is
elected or appointed and serves one (1) or more terms or part of a
term then retires from office but at a later period or periods is
appointed or elected and serves as judge, the judge shall pay into
the fund during all the periods served as judge, whether the
periods are served consecutively or not.
(c) Except as otherwise provided in this chapter, a judge is not
required to pay into the fund:
(1) at any time when the judge is not serving as judge; or
(2) during any period of service as a senior judge under
IC 33-23-3.
Sec. 18. (a) This section applies to a person who:
(1) is a judge participating under this chapter;
(2) before becoming a judge was appointed by a court to serve
as a full-time referee, full-time commissioner, or full-time
magistrate;
(3) was a member of the public employees' retirement fund
during the employment described in subdivision (2); and
(4) received credited service under the public employees'
retirement fund for the employment described in subdivision
(2).
(b) If a person becomes a participant in the judges' 1977 benefit
system under section 1 of this chapter, credit for prior service by
the judge as a full-time referee, full-time commissioner, or full-time
magistrate shall be granted under this chapter by the board if:
(1) the prior service was credited under the public employees'
retirement fund;
(2) the state contributes to the judges' 1977 benefit system the
amount the board determines necessary to amortize the prior
service liability over a period determined by the board, but not
more than ten (10) years; and
(3) the judge pays in a lump sum or in a series of payments
determined by the board, not exceeding five (5) annual
payments, the amount the judge would have contributed if the
judge had been a member of the judges' 1977 benefit system
during the prior service.
(c) If the requirements of subsection (b)(2) and (b)(3) are not
satisfied, a participant is entitled to credit only for years of service
after the date of participation in the 1977 benefit system.
(d) An amortization schedule for contributions paid under
subsection (b)(2) or (b)(3) must include interest at a rate
determined by the board.
(e) The following provisions apply to a person described in
subsection (a):
(1) A minimum benefit applies to participants receiving credit
in the judges' 1977 benefit system from service covered by the
public employees' retirement fund. The minimum benefit is
payable at sixty-five (65) years of age and equals the actuarial
equivalent of the vested retirement benefit that is:
(A) payable to the member at normal retirement under
IC 5-10.2-4-1 as of the day before the transfer; and
(B) based solely on:
(i) creditable service;
(ii) the average of the annual compensation; and
(iii) the amount credited under IC 5-10.2 and IC 5-10.3 to
the annuity savings account of the transferring member as
of the day before the transfer.
(2) If the requirements of subsection (b)(2) and (b)(3) are
satisfied, the board shall transfer from the public employees'
retirement fund to the judges' 1977 benefit system the amount
credited to the annuity savings account and the present value
of the retirement benefit payable at sixty-five (65) years of age
that is attributable to the transferring participant.
(3) The amount the state and the participant must contribute
to the judges' 1977 benefit system under subsection (b) shall be
reduced by the amount transferred to the judges' 1977 benefit
system by the board under subdivision (2).
(4) If the requirements of subsection (b)(2) and (b)(3) are
satisfied, credit for prior service in the public employees'
retirement fund as a full-time referee, full-time commissioner,
or full-time magistrate is waived. Any credit for the prior
service under the judges' 1977 benefit system may be granted
only under subsection (b).
(5) Credit for prior service in the public employees' retirement
fund for service other than as a full-time referee, full-time
commissioner, or full-time magistrate remains under the
public employees' retirement fund and may not be credited
under the judges' 1977 benefit system.
(f) To the extent permitted by the Internal Revenue Code and the
applicable regulations, the judges' 1977 benefit system may accept,
on behalf of a participant who is purchasing permissive service
credit under subsection (b), a rollover of a distribution from any of
the following:
(1) A qualified plan described in Section 401(a) or Section
403(a) of the Internal Revenue Code.
(2) An annuity contract or account described in Section 403(b)
of the Internal Revenue Code.
(3) An eligible plan that is maintained by a state, political
subdivision of a state, or an agency or instrumentality of a state
or political subdivision of a state under Section 457(b) of the
Internal Revenue Code.
(4) An individual retirement account or annuity described in
Section 408(a) or Section 408(b) of the Internal Revenue Code.
(g) To the extent permitted by the Internal Revenue Code and the
applicable regulations, the judges' 1977 benefit system may accept,
on behalf of a participant who is purchasing permissive service
credit under subsection (b), a trustee to trustee transfer from any
of the following:
(1) An annuity contract or account described in Section 403(b)
of the Internal Revenue Code.
(2) An eligible deferred compensation plan under Section
457(b) of the Internal Revenue Code.
Sec. 19. (a) This section applies only to a person who:
from any of the following:
(1) A qualified plan described in Section 401(a) or Section
403(a) of the Internal Revenue Code.
(2) An annuity contract or account described in Section 403(b)
of the Internal Revenue Code.
(3) An eligible plan that is maintained by a state, a political
subdivision of a state, or an agency or instrumentality of a state
or political subdivision of a state under Section 457(b) of the
Internal Revenue Code.
(4) An individual retirement account or annuity described in
Section 408(a) or Section 408(b) of the Internal Revenue Code.
(i) To the extent permitted by the Internal Revenue Code and the
applicable regulations, the judges' 1977 benefit system may accept,
on behalf of a participant who is purchasing permissive service
credit under subsection (b), a trustee to trustee transfer from any
of the following:
(1) An annuity contract or account described in Section 403(b)
of the Internal Revenue Code.
(2) An eligible deferred compensation plan under Section
457(b) of the Internal Revenue Code.
Chapter 8. 1985 Retirement, Disability, and Death System
Sec. 1. This chapter applies only to an individual who begins
service as a judge after August 31, 1985.
Sec. 2. As used in this chapter, "Americans with Disabilities Act"
refers to the Americans with Disabilities Act (42 U.S.C. 12101 et
seq.) and any amendments and regulations related to the act.
Sec. 3. As used in this chapter, "board" refers to the board of
trustees of the public employees' retirement fund.
Sec. 4. As used in this chapter, "employer" means the state of
Indiana.
Sec. 5. As used in this chapter, "fund" refers to the Indiana
judges' retirement fund established by IC 33-38-6-12.
Sec. 6. (a) As used in this chapter, "Internal Revenue Code":
(1) means the Internal Revenue Code of 1954, as in effect on
September 1, 1974, if permitted with respect to governmental
plans; or
(2) to the extent consistent with subdivision (1), has the
meaning set forth in IC 6-3-1-11.
Sec. 7. As used in this chapter, "participant" means a judge who
participates in the fund.
Sec. 8. As used in this chapter, "salary" means the total salary
paid to a participant by the state and by a county or counties,
determined without regard to any salary reduction agreement
established under Section 125 of the Internal Revenue Code.
Sec. 9. As used in this chapter, "services" means the period
beginning on the first day a person first becomes a judge, whether
the date is before, on, or after March 11, 1953, and ending on the
date under consideration and includes all intervening employment
as a judge.
Sec. 10. A person who:
(1) begins service as a judge after August 31, 1985; and
(2) is not a participant in the fund;
shall become a participant in the fund.
Sec. 11. (a) A participant shall make contributions to this fund of
six percent (6%) of each payment of salary received for services as
judge. However, the employer may elect to pay the contribution for
the participant as a pickup under Section 414(h) of the Internal
Revenue Code.
(b) Participants' contributions, other than participants'
contributions paid by the employer, shall be deducted from the
monthly salary of each participant by the auditor of state and by
the county auditor and credited to the fund as provided in
IC 33-38-6-21 and IC 33-38-6-22. However, a contribution is not
required:
(1) because of any salary received after the participant has
contributed to the fund for twenty-two (22) years; or
(2) during any period that the participant is not serving as
judge.
Sec. 12. (a) A participant who:
(1) ceases service as a judge, other than by death or disability;
and
(2) is not eligible for a retirement benefit under this chapter;
is entitled to withdraw from the fund, beginning on the date
specified by the participant in a written application. The date on
which the withdrawal begins may not be before the date of final
termination of employment or the date thirty (30) days before the
receipt of the application by the board.
(b) Upon the withdrawal, the participant is entitled to receive the
total sum contributed, payable within sixty (60) days from date of
withdrawal application or in monthly installments as the
participant may elect.
Sec. 13. A participant whose employment as judge is terminated
is entitled to a retirement benefit computed under section 14 of this
chapter, beginning on the date specified by the participant in a
written application, if the following conditions are met:
(1) The date on which the benefit begins is not:
(A) before the date of final termination of employment of the
participant; or
(B) the date thirty (30) days before the receipt of the
application by the board.
(2) The participant:
(A) is at least sixty-two (62) years of age and has at least
eight (8) years of service credit;
(B) is at least fifty-five (55) years of age and the participant's
age in years plus the participant's years of service is at least
eighty-five (85); or
(C) has become permanently disabled.
(3) The participant is not receiving a salary from the state for
services currently performed, except for services rendered in
the capacity of judge pro tempore or senior judge.
Sec. 14. (a) Benefits provided under this section are subject to
IC 33-38-6-13 and section 20 of this chapter.
(b) A participant who:
(1) applies for a retirement benefit; and
(2) is at least:
(A) sixty-five (65) years of age; or
(B) fifty-five (55) years of age and meets the requirements
under section 13(2)(B) of this chapter;
is entitled to an annual retirement benefit as calculated in
subsection (c).
(c) The annual retirement benefit for a participant who meets the
requirements of subsection (b) equals the product of:
(1) the salary that was paid to the participant at the time of
separation from service; multiplied by
(2) the percentage prescribed in the following table:
Participant's Years Percentage
of Service
8
24%
9
27%
10
30%
11
33%
12
50%
13
51%
14
52%
15
53%
16
54%
the initial and periodic examinations and reviews to determine
eligibility for disability benefits under this section shall be:
(1) kept in separate medical files for each member; and
(2) treated as confidential medical records.
Sec. 16. (a) Benefits provided under this section are subject to
IC 33-38-6-13 and section 20 of this chapter.
(b) A participant who becomes permanently disabled is entitled
to an annual benefit that equals the product of:
(1) the salary that was paid to the participant at the time of
separation from service; multiplied by
(2) the percentage prescribed in the following table:
Participant's Years
Percentage
of Service
0-12 50%
13 51%
14 52%
15 53%
16 54%
17 55%
18 56%
19 57%
20 58%
21 59%
22 or more 60%
If a participant has a partial year of service in addition to at least
eight (8) full years of service, an additional percentage shall be
calculated by prorating between the applicable percentages, based
on the number of months in the partial year of service.
Sec. 17. (a) Benefits provided under this section are subject to
IC 33-38-6-13 and section 20 of this chapter.
(b) The surviving spouse or child or children, as designated by
the participant, of a participant who:
(1) dies; and
(2) on the date of death:
(A) was receiving benefits under this chapter;
(B) had completed at least eight (8) years of service and was
in service as a judge;
(C) was permanently disabled; or
(D) had completed at least eight (8) years of service, was not
still in service as a judge, and was entitled to a future benefit;
are entitled, regardless of the participant's ages, to the benefit
prescribed by subsection (c).
at the time of death of the participant.
(C) A designation is not made.
(7) A benefit payable to a surviving child or children may be
paid to a trust or a custodian account under IC 30-2-8.5,
established for the surviving child or children as designated by
the participant.
Sec. 18. (a) Benefits provided under this section are subject to
IC 33-38-6-13 and section 20 of this chapter.
(b) If a participant's spouse does not survive the participant, and
there is no child designated and entitled to receive a benefit under
section 17 of this chapter, any surviving dependent child of a
participant is, upon the death of the participant, entitled to a
benefit equal to the benefit the participant's spouse would have
received under section 17 of this chapter.
(c) If a surviving spouse of a decedent participant dies and a
dependent child of the surviving spouse and the decedent
participant survives them, the dependent child is entitled to receive
a benefit equal to the benefit the spouse was receiving or would
have received under section 17 of this chapter.
(d) If there is more than one (1) dependent child, then the
dependent children are entitled to share the benefit equally.
(e) A dependent child is entitled to receive the child's share until
the child becomes eighteen (18) years of age or during the entire
period of the child's physical or mental disability, whichever period
is longer.
Sec. 19. (a) Benefits provided under this section are subject to
IC 33-38-6-13.
(b) If benefits are not payable to the survivors of a participant
who dies, and if a withdrawal application is filed with the board,
the total of the participant's contributions plus interest (as
determined by the board) minus any payments made to the
participant shall be paid to:
(1) the surviving spouse of the participant or a child or
children of the participant, as designated by the participant;
(2) any other dependent or dependents of the participant, if a
spouse or designated child or children does or do not survive;
or
(3) the participant's estate, if a spouse, designated child or
children, or other dependent does or do not survive.
(c) The amount owed a spouse, designated child or children, or
other dependent or dependents, or estate under subsection (b) is
payable within sixty (60) days from the date of receipt of the
withdrawal application or in the monthly installments as the
recipient elects.
Sec. 20. Notwithstanding any other provision of this chapter,
benefits paid under this chapter may not exceed the maximum
annual benefit specified by Section 415 of the Internal Revenue
Code.
Sec. 21. (a) A judge is entitled to a month of service credit for
services performed in any fraction of a calendar month. However,
a judge is not entitled to more than one (1) month of credit for
services performed in a calendar month.
(b) Except as otherwise provided in this chapter, if a judge is
elected or appointed and serves one (1) or more terms or part of a
term then retires from office but at a later period or periods is
appointed or elected and serves as judge, the judge shall pay into
the fund during all the periods served as judge, whether the
periods are served consecutively or not.
(c) Except as otherwise provided in this chapter, a judge is not
required to pay into the fund:
(1) at any time when the judge is not serving as judge; or
(2) during any period of service as a senior judge under
IC 33-23-3.
Sec. 22. (a) This section applies to a person who:
(1) is a judge participating under this chapter;
(2) before becoming a judge was appointed by a court to serve
as a full-time referee, full-time commissioner, or full-time
magistrate;
(3) was a member of the public employees' retirement fund
during the employment described in subdivision (2); and
(4) received credited service under the public employees'
retirement fund for the employment described in subdivision
(2).
(b) If a person becomes a participant in the judges' 1985 benefit
system under section 1 of this chapter, credit for prior service by
the judge as a full-time referee, full-time commissioner, or full-time
magistrate shall be granted under this chapter by the board if:
(1) the prior service was credited under the public employees'
retirement fund;
(2) the state contributes to the judges' 1985 benefit system the
amount the board determines necessary to amortize the prior
service liability over a period determined by the board, but not
more than ten (10) years; and
(3) the judge pays in a lump sum or in a series of payments
determined by the board, not exceeding five (5) annual
payments, the amount the judge would have contributed if the
judge had been a member of the judges' 1985 benefit system
during the prior service.
(c) If the requirements of subsection (b)(2) and (b)(3) are not
satisfied, a participant is entitled to credit only for years of service
after the date of participation in the 1985 benefit system.
(d) An amortization schedule for contributions paid under
subsection (b)(2) or (b)(3) must include interest at a rate
determined by the board.
(e) The following provisions apply to a person described in
subsection (a):
(1) A minimum benefit applies to participants receiving credit
in the judges' 1985 benefit system from service covered by the
public employees' retirement fund. The minimum benefit is
payable at sixty-five (65) years of age or when the participant
is at least fifty-five (55) years of age and meets the
requirements under section 13(2)(b) of this chapter and equals
the actuarial equivalent of the vested retirement benefit that is:
(A) payable to the member at normal retirement under
IC 5-10.2-4-1 as of the day before the transfer; and
(B) based solely on:
(i) creditable service;
(ii) the average of the annual compensation; and
(iii) the amount credited under IC 5-10.2 and IC 5-10.3 to
the annuity savings account of the transferring member as
of the day before the transfer.
(2) If the requirements of subsection (b)(2) and (b)(3) are
satisfied, the board shall transfer from the public employees'
retirement fund to the judges' 1985 benefit system the amount
credited to the annuity savings account and the present value
of the retirement benefit payable at sixty-five (65) years of age
or at least fifty-five (55) years of age under section 13(2)(b) of
this chapter that is attributable to the transferring participant.
(3) The amount the state and the participant must contribute
to the judges' 1985 benefit system under subsection (b) shall be
reduced by the amount transferred to the judges' 1985 benefit
system by the board under subdivision (2).
(4) If the requirements of subsection (b)(2) and (b)(3) are
satisfied, credit for prior service in the public employees'
retirement fund as a full-time referee, full-time commissioner,
or full-time magistrate is waived. Any credit for the prior
service under the judges' 1985 benefit system may be granted
only under subsection (b).
(f) To the extent permitted by the Internal Revenue Code and the
applicable regulations, the judges' 1985 benefit system may accept,
on behalf of a participant who is purchasing permissive service
credit under subsection (b), a rollover of a distribution from any of
the following:
(1) A qualified plan described in Section 401(a) or Section
403(a) of the Internal Revenue Code.
(2) An annuity contract or account described in Section 403(b)
of the Internal Revenue Code.
(3) An eligible plan that is maintained by a state, a political
subdivision of a state, or an agency or instrumentality of a state
or political subdivision of a state under Section 457(b) of the
Internal Revenue Code.
(4) An individual retirement account or annuity described in
Section 408(a) or Section 408(b) of the Internal Revenue Code.
(g) To the extent permitted by the Internal Revenue Code and the
applicable regulations, the judges' 1985 benefit system may accept,
on behalf of a participant who is purchasing permissive service
credit under subsection (b), a trustee to trustee transfer from any
of the following:
(1) An annuity contract or account described in Section 403(b)
of the Internal Revenue Code.
(2) An eligible deferred compensation plan under Section
457(b) of the Internal Revenue Code.
Sec. 23. (a) This section applies only to a person who:
(1) is a judge participating under this chapter;
(2) before becoming a judge was a member of a public
employees' retirement fund;
(3) received credited service under a public employees'
retirement fund for the employment described in subdivision
(2), and the credited service is not eligible for prior service
credit under section 22 of this chapter;
(4) has not attained vested status under a public employees'
retirement fund for the employment described in subdivision
(2); and
(5) has at least eight (8) years of service credit in the judges'
retirement system.
(b) If a person becomes a participant in the judges' 1985 benefit
system under this chapter, credit for service described in
subsection (a) shall be granted under this chapter by the board if:
of the following:
(1) An annuity contract or account described in Section 403(b)
of the Internal Revenue Code.
(2) An eligible deferred compensation plan under Section
457(b) of the Internal Revenue Code.
Chapter 9. Judicial Conference of Indiana and the Indiana
Judicial Center
Sec. 1. As used in this chapter, "judicial conference" refers to the
judicial conference of Indiana established by section 3 of this
chapter.
Sec. 2. As used in section 4 of this chapter, "trial court judges"
refers only to those trial court judges who are members of the
judicial conference under section 3 of this chapter.
Sec. 3. (a) The judicial conference of Indiana is established.
(b) The membership of the judicial conference consists of the
following:
(1) All justices of the supreme court.
(2) All judges of the court of appeals.
(3) The judge of the tax court.
(4) All circuit, superior, probate, and county court judges.
(5) All municipal court judges who are serving on a full-time
basis.
(6) Any retired judge who serves as a special judge and notifies
the conference of the service.
(c) A full-time magistrate under IC 33-23-5 is a nonvoting
member of the conference.
Sec. 4. (a) The activities of the judicial conference shall be
directed by a board of directors having the following members:
(1) The chief justice of Indiana.
(2) The chief judge of the court of appeals.
(3) The president of the Indiana judges association.
(4) The president of the Indiana council of juvenile court
judges.
(5) One (1) judge from each of the trial court districts
established by the supreme court, elected for a term of two (2)
years by the trial court judges of the district.
(6) Five (5) trial court judges appointed for terms of one (1)
year by the chief justice of Indiana.
(b) The chief justice of Indiana shall serve as chairperson of the
board of directors. The judicial conference, through the board of
directors:
(1) shall establish a staff agency to be designated the Indiana
judicial center; and
(2) may establish positions for an executive director, staff
personnel, and other necessary personnel.
All personnel of the Indiana judicial center shall be appointed by
the chief justice of Indiana, and their salaries shall be fixed by the
supreme court, subject to appropriation by the general assembly.
Sec. 5. (a) The entire membership of the judicial conference shall
meet:
(1) at least once a year at a time and place to be fixed by the
board of directors; and
(2) at other times as may be designated by the board of
directors.
(b) The judicial conference may create committees either upon
action of the board of directors or by majority vote of the members
attending a meeting of the judicial conference. The judicial
conference, the board of directors, or any committee of the judicial
conference may hold hearings on any question related to the duties
set out in section 6 of this chapter. A proposal for legislation
relating to courts that is made by the judicial conference shall be
presented to the division of state court administration for study
and recommendation by the division before being presented to the
general assembly.
Sec. 6. The judicial conference shall do the following:
(1) Promote an exchange of experience and suggestions
regarding the operation of Indiana's judicial system.
(2) Promote the continuing education of judges.
(3) Seek to promote a better understanding of the judiciary.
(4) Act as administrator for probationers participating in the
interstate compact for the supervision of parolees and
probationers under IC 11-13-4-3.
(5) Act as compact administrator for probationers
participating in the interstate compact on juveniles under
IC 11-13-4-3.
Sec. 7. All members, including full-time magistrates, shall attend
and those invited to participate may attend the meetings of the
judicial conference. Per diem and travel allowances authorized by
law shall be paid to the members and full-time magistrates
attending from the annual appropriation to the judicial conference.
Sec. 8. (a) The Indiana judicial center shall maintain a roster of
in-state facilities that have the expertise to provide child services
(as defined in IC 12-19-7-1) in a residential setting to:
(1) children in need of services (as described in IC 31-34-1); or
proper venue under the Indiana Rules of Trial Procedure; and
(2) made available to the public in the same manner as circuit
court records.
(d) The Indiana Rules of Trial Procedure apply for all actions
brought before a private judge. An appeal from an action or a
judgment of a private judge may be taken in the same manner as
an appeal from the circuit court of the county where the case is
filed.
Sec. 5. Costs in an action brought before a private judge shall be
taxed and distributed in the same manner as costs in the circuit
court of the county in which the case is filed.
Sec. 6. (a) The clerk of the circuit court of the county in which the
case is filed serves as the clerk of the court for a case heard by a
private judge, and the sheriff of that county serves as the sheriff of
the court for the case. The clerk and the sheriff shall attend the
proceedings and perform the same duties relating to their offices
as are required for the circuit court of the county in which the case
is filed.
(b) The clerk of the circuit court of the county in which the case
is filed shall provide to a private judge for each case all books,
dockets, papers, and printed blanks necessary to discharge the
duties of the court.
Sec. 7. (a) A case heard by a private judge may be heard:
(1) at any time; and
(2) at any place in Indiana;
that is mutually agreeable to all parties and the judge.
(b) There shall be posted in the office of the clerk of the circuit
court of the county in which the case is filed, in a place accessible
to the public, a notice of the date, time, and place of any
proceeding, including:
(1) a hearing on a motion for judgment by default;
(2) a hearing for judgment on the pleadings;
(3) a hearing for summary judgment; and
(4) a trial upon the merits;
that could result in a judgment. The notice shall be posted at least
three (3) days before the proceeding is conducted.
Sec. 8. Notwithstanding the rules of trial procedure, a private
judge may receive compensation for hearing a case in an amount
and subject to the terms and conditions agreed to by the judge and
the parties to the case. A contract for the services of a private
judge must provide for the payment of the judge's compensation
by the parties. In addition, the contract must include terms and
conditions relating to:
(1) the compensation of all personnel; and
(2) the costs of all facilities and materials;
as determined by the clerk of the court that are used in relation to
the case and not otherwise covered.
Sec. 9. The supreme court shall adopt rules to carry out this
chapter.
Chapter 11. Temporary Judges
Sec. 1. (a) The judge of a circuit, superior, or county court may
appoint temporary judges. Each temporary judge must be:
(1) a competent attorney admitted to the practice of law in
Indiana; and
(2) a resident of the judicial district of the court after the
temporary judge's appointment.
The temporary judge's appointment must be in writing. The
temporary judge continues in office until removed by the judge.
(b) A temporary juvenile law judge may be appointed under this
subsection for the exclusive purpose of hearing cases arising under
IC 31-30 through IC 31-40. The appointment shall be made under
an agreement between at least two (2) judges of courts located:
(1) in the same county; or
(2) in counties that are adjacent to each other.
(c) An agreement under subsection (b) must:
(1) be filed with the circuit court clerk of each county in which
a court subject to the agreement is located;
(2) specify the duration of the agreement, which may not
exceed one (1) year; and
(3) permit a judge to end the participation of a court in the
agreement.
Sec. 2. A temporary judge:
(1) may:
(A) administer all oaths and affirmations required by law;
(B) take and certify affidavits and depositions; and
(C) issue subpoenas for witnesses whose testimony is to be
taken before the temporary judge;
(2) has the same power to compel the attendance of witnesses
and to punish contempts as the judge of the court;
(3) may:
(A) conduct preliminary hearings in criminal matters;
(B) issue search warrants and arrest warrants; and
(C) fix bond; and
(4) may enforce court rules.
duties in any state court.
Sec. 9. (a) The commission shall meet as necessary to discharge
its statutory and constitutional responsibilities. Meetings of the
commission shall be called in the same manner as prescribed for
the judicial nominating commission. Four (4) members of the
commission constitute a quorum for the transaction of business.
(b) Meetings of the commission shall be held in Indiana as the
chairman of the commission arranges.
(c) The commission may act only at a meeting. The commission
may adopt rules and regulations to conduct meetings and discharge
its duties.
Sec. 10. (a) All papers filed with the commission before the
institution of formal proceedings under section 14 of this chapter
are confidential unless:
(1) the justice or judge against whom a recommendation has
been filed elects to have the information divulged; or
(2) the commission elects to answer publicly disseminated
statements issued by any complainant.
(b) All papers filed with the commission during and after the
institution of formal proceedings are open for public inspection at
all reasonable times. Records of commission proceedings are open
for public inspection at all reasonable times. After the institution
of formal proceedings, all hearings and proceedings before the
commission or before the masters appointed under this chapter are
open to the public.
Sec. 11. Filing papers with and giving testimony before the
commission or the masters appointed by the supreme court under
this chapter are privileged.
Sec. 12. (a) A complaint filed with the commission must be in
writing and directed to the commission or to any member of the
commission.
(b) A specified form of complaint may not be required.
Sec. 13. (a) Any Indiana citizen may complain to the commission
about the activities, fitness, or qualifications of a judge or justice.
Upon receiving a complaint, the commission shall determine if the
complaint is founded and not frivolous. If the commission
determines that the complaint is frivolous or malicious, the
commission shall file with the proper court charges against the
complainant. The commission, without receiving a complaint, may
conduct an initial inquiry on its own motion.
(b) If the commission determines it is necessary to investigate a
justice or judge, the commission shall notify the justice or judge by
prepaid registered or certified mail addressed to the justice or
judge at the justice's or judge's chambers and last known
residence. The notice must contain information concerning the
following:
(1) The investigation.
(2) The nature of the complaint.
(3) The origin of the complaint, including the name of the
complainant or that the investigation is on the commission's
motion.
(4) The opportunity to present matters as the justice or judge
may choose.
If the investigation does not disclose sufficient cause to warrant
further proceedings the justice or judge shall be so notified.
(c) The commission may do the following:
(1) Make investigations or employ special investigators.
(2) Hold confidential hearings with the complainant or the
complainant's agents or attorneys.
(3) Hold confidential hearings with the judge or justice
involved in the complaint.
(d) If:
(1) the commission's initial inquiry or investigation does not
disclose sufficient cause to warrant further proceedings; and
(2) the complainant issues a public statement relating to the
activities or actions of the commission;
the commission may answer the statement by referring to the
record of its proceedings or the results of its investigation.
Sec. 14. (a) If the commission concludes, after investigation, to
institute formal proceedings against a justice or judge, the
commission shall give written notice of the proceedings to the
justice or judge by registered or certified mail addressed to the
judge at the judge's chambers and last known residence. The
proceedings must be entitled:
"BEFORE THE INDIANA JUDICIAL
QUALIFICATIONS COMMISSION
Inquiry Concerning a (Justice) Judge, No. _______".
(b) The notice must:
(1) be issued in the name of the commission;
(2) specify in ordinary and concise language the charges
against the justice or judge and the alleged facts upon which
the charges are based; and
(3) advise the justice or judge of the justice's or judge's right
to file a written answer to the charges not more than twenty
(20) days after service of the notice.
A charge is not sufficient if it merely recites the general language
of the original complaint, but must specify the facts relied upon to
support a particular charge.
(c) A copy of the notice shall be filed in the office of the
commission.
Sec. 15. Not more than twenty (20) days after service of the notice
of formal proceedings, the justice or judge:
(1) may file with the commission a signed original and one (1)
copy of an answer; and
(2) shall mail a copy of the answer to the counsel.
Sec. 16. (a) Upon the filing of or the expiration of time for filing
an answer, the commission shall:
(1) hold a hearing concerning the discipline, retirement, or
removal of the justice or judge; or
(2) request the supreme court to appoint three (3) active or
retired justices or judges of courts of record as special masters
to hear and take evidence and report to the commission.
(b) The commission shall:
(1) set a date, time, and place for a hearing under subsection
(a); and
(2) give notice of the hearing by registered or certified mail to
the justice or judge, the masters, and the counsel not less than
twenty (20) days before the date of the hearing.
Sec. 17. (a) The commission or a master may proceed with a
scheduled hearing whether or not the judge files an answer or
appears at the hearing.
(b) The failure of a justice or judge to answer or appear at the
hearing may not be taken as evidence of the truth of the facts
alleged to constitute grounds for censure, retirement, or removal.
In a proceeding for involuntary retirement for disability, the
failure of a justice or judge to testify in the justice's or judge's
behalf or to submit to a medical examination requested by the
commission or the masters may be considered, unless the failure
was due to circumstances beyond the justice's or judge's control.
(c) The hearing shall be reported verbatim.
(d) At least four (4) commission members must be present when
evidence is produced at a hearing before the commission.
Sec. 18. The Indiana Rules of Evidence apply at a hearing before
the commission or the masters.
Sec. 19. (a) In formal proceedings involving a justice's or judge's
discipline, retirement, or removal, the justice or judge may do the
following:
(1) Defend against the charges by introducing evidence.
(2) Be represented by counsel.
(3) Examine and cross-examine witnesses.
(4) Issue subpoenas for attendance of witnesses to testify or
produce evidentiary matter under section 31 of this chapter.
(b) The commission shall transcribe the testimony and provide
a copy at no cost to the justice or judge. The justice or judge is
entitled to have any part of the testimony transcribed at the
justice's or judge's expense.
(c) Except as otherwise provided in this chapter, notice or any
other matter shall be sent to a justice or judge by registered or
certified mail to the justice or judge at the justice's or judge's office
and residence unless the justice or judge requests otherwise in
writing. A copy of the notice or other matter must be mailed to the
justice's or judge's attorney of record.
(d) If a justice or judge has been adjudged incapacitated under
IC 29-3, the justice's or judge's guardian may claim and exercise
any right and privilege and make any defense for the justice or
judge with the same force and effect as if claimed, exercised, or
made by the justice or judge if competent. If the rules provide for
serving or giving notice or sending any matter to the justice or
judge, a copy of any notice or other matter sent to the justice or
judge also shall be served, given, or sent to the justice's or judge's
guardian.
Sec. 20. The masters, at any time before the conclusion of the
hearing, or the commission, at any time before its determination:
(1) may allow or require amendments to the notice of formal
proceedings; and
(2) may allow amendments to the answer.
The notice may be amended to conform to proof or to set forth
additional facts whether occurring before or after the
commencement of the hearing. If an amendment is made, the
justice or judge shall be given reasonable time both to answer the
amendment and to prepare and present a defense.
Sec. 21. (a) After a hearing, the masters shall promptly prepare
and transmit to the commission an original and four (4) copies of
a transcript of the hearing and an original and four (4) copies of a
report that contains a brief statement of the proceedings and the
masters' recommended findings of fact. The recommended findings
of facts are not binding upon the commission.
(b) Upon receiving the report of the masters, the commission
shall mail a copy of the report and transcript to the justice or judge
and the counsel.
Sec. 22. Not more than fifteen (15) days after the commission
mails a copy of the report of the masters to the justice or judge, the
counsel or the justice or judge may file with the commission an
original and one (1) copy of objections to the report of masters. If
the counsel files objections, the counsel shall mail a copy of the
objections to the justice or judge. If the justice or judge files
objections, the justice or judge shall send a copy of the objections
by registered or certified mail to the counsel.
Sec. 23. If objections to a report of the masters under section 21
of this chapter are not timely filed, the commission may adopt the
recommended findings of the masters without a hearing. If
objections are timely filed, or if objections are not timely filed and
the commission proposes to modify or reject the recommended
findings of the masters, the commission shall give the justice or
judge and the counsel an opportunity to be heard before the
commission in the county in which the justice or judge resides. The
commission shall mail written notice of the time and place of the
hearing to the justice or judge and the counsel not less than ten (10)
days before the hearing.
Sec. 24. (a) The chairman of the commission may extend the time
for:
(1) filing an answer;
(2) conducting a hearing before the commission; and
(3) filing objections to the report of the masters.
(b) The presiding master may, with the approval of the chairman
of the commission, extend the time for conducting a hearing before
the masters.
Sec. 25. The commission may order a hearing to take additional
evidence at any time while a matter is pending before it. The
hearing must be in the county in which the justice or judge resides.
The order must set the time and place of the hearing and shall
indicate the matters on which evidence will be taken. The
commission shall send a copy of the order to the judge and the
counsel not less than ten (10) days before the hearing. If masters
have been appointed, the hearing shall be before the masters, and
the hearing must conform with sections 18 through 24 of this
chapter and this section.
Sec. 26. If the commission finds good cause, it shall recommend
to the supreme court the censure, retirement, or removal of a
justice or judge. If a hearing is before the masters, the affirmative
vote of four (4) members of the commission is required to
recommend censure, retirement, or removal of a justice or judge.
If a hearing is before the commission, the affirmative vote of four
(4) members of the commission, including a majority of the
members who were present at the hearing, is required to
recommend censure, retirement, or removal of a justice or judge.
Sec. 27. The commission shall keep a record of all formal
proceedings concerning a judge. The commission shall record its
determination and mail notice of the determination to the justice
or judge and the counsel. If the commission recommends censure,
retirement, or removal, the commission shall prepare a transcript
of the evidence and proceedings and shall make written findings of
fact and conclusions of law.
Sec. 28. Upon recommending the censure, retirement, or removal
of a justice or judge, the commission shall promptly file the
following with the clerk of the supreme court:
(1) A copy of the recommendation certified by the chairman or
secretary of the commission.
(2) A transcript of the evidence.
(3) Findings of fact and conclusions of law.
The commission shall promptly mail to the justice or judge and the
counsel notice of the filing and copies of the filed documents.
Sec. 29. (a) Not more than thirty (30) days after a certified copy
of the commission's recommendation is filed with the clerk of the
supreme court, a justice or judge may petition the supreme court
to modify or reject the commission's recommendation.
(b) The justice or judge shall verify the petition. The petition
must be based on the record. The petition must specify the grounds
relied on and must be accompanied by the petitioner's brief and
proof of service of two (2) copies of the petition and brief on the
commission and one (1) copy of the petition and brief on the
counsel.
(c) Not more than twenty (20) days after service of the
petitioner's brief, the commission shall file a respondent's brief and
serve a copy on the justice or judge. Not more than twenty (20)
days after service of respondent's brief, the petitioner may file a
reply brief and shall serve two (2) copies on the commission and
one (1) copy on the counsel.
(d) Failure to timely file a petition is considered consent to the
determination on the merits based upon the record filed by the
commission.
(e) To the extent necessary and not inconsistent with this section,
the Indiana Rules of Appellate Procedure apply to reviews by the
supreme court of commission proceedings.
Sec. 30. The commission has jurisdiction and powers necessary
to conduct the proper and speedy disposition of any investigation
or hearing, including the powers to depose witnesses and to order
the production of documentary evidence. A member of the
commission or a master may administer oaths to witnesses in a
matter under the commission's jurisdiction.
Sec. 31. (a) A master may issue a subpoena for:
(1) the attendance of witnesses;
(2) the production of documentary evidence; or
(3) discovery;
in a proceeding before the masters. The master shall serve the
subpoena in the manner provided by law.
(b) The chairman of the commission may issue a subpoena for:
(1) the attendance of witnesses;
(2) the production of documentary evidence; or
(3) discovery;
in a proceeding before the commission in which masters have not
been appointed. The chairman shall serve the subpoena in the
manner provided by law.
Sec. 32. If a witness in a commission proceeding:
(1) fails or refuses to attend upon subpoena; or
(2) refuses to testify or produce documentary evidence
demanded by subpoena;
a circuit court may enforce the subpoena.
Sec. 33. A master may issue a subpoena for:
(1) the attendance of witnesses;
(2) the production of documentary evidence; or
(3) discovery;
in a proceeding before the masters. The master shall serve the
subpoena in the manner provided by law.
Sec. 34. (a) In all formal proceedings, discovery is available to the
commission and the judge or justice under the Indiana Rules of
Civil Procedure. A motion requesting a discovery order must be
made to the circuit court judge in the county in which the
commission hearing is held.
(b) In all formal proceedings, the counsel shall provide the
following to the judge or justice at least twenty (20) days before the
hearing:
(1) The names and addresses of all witnesses whose testimony
the counsel expects to offer at the hearing.
vested rights of a justice or judge or the surviving spouse of a
justice or judge under any constitutional or statutory retirement
program.
Chapter 14. The Commission on Judicial Qualifications and the
Discipline of Judges of Superior, Probate, Juvenile, and Criminal
Courts
Sec. 1. It is the purpose of this chapter to provide that judges of
superior, probate, juvenile, or criminal courts in counties described
in section 9 of this chapter are subject to disciplinary action on the
grounds and in the manner set forth in this chapter.
Sec. 2. As used in this chapter, "commission" means the
commission on judicial qualifications described in Article 7,
Section 9 of the Constitution of the State of Indiana.
Sec. 3. As used in this chapter, "counsel" means the lawyer
designated by the commission to:
(1) gather and present evidence before the masters or the
commission with respect to the charges against a judge; and
(2) represent the commission before the supreme court in
connection with any proceedings before the court.
Sec. 4. As used in this chapter, "judge" means a judge of a
superior or probate court.
Sec. 5. As used in this chapter, "mail" includes ordinary mail or
personal delivery.
Sec. 6. As used in this chapter, "masters" means the special
masters appointed by the chief justice upon request of the
commission.
Sec. 7. As used in this chapter, "presiding master" means the
master so designated by the chief justice or, in the absence of a
designation, the justice or judge named in the order appointing
masters.
Sec. 8. The commission is the commission on judicial
qualifications for judges of superior and probate courts in the
counties described in section 9 of this chapter. The members of the
commission on judicial qualifications for the court of appeals and
the supreme court are the members of the commission on judicial
qualifications for judges of the superior and probate courts.
Sec. 9. (a) The commission shall exercise disciplinary jurisdiction
over judges.
(b) In a county in which a commission on judicial qualifications
operated by virtue of law before July 26, 1973, the county
commission on judicial qualifications ceases to exercise disciplinary
jurisdiction over the county courts and the commission shall
exercise disciplinary jurisdiction. However, if the law creating a
county commission on judicial qualifications in a county before
July 26, 1973, precluded judges subject to its disciplinary
jurisdiction from participating in political activities because the
judges are selected by a merit system, the judges are precluded
from participating in political activities.
(c) The operation and function of a judicial nominating
commission operating in a county by virtue of law before July 26,
1973, is not affected by this chapter.
Sec. 10. (a) A judge is disqualified from acting as a judicial
officer, without loss of salary, while there is pending:
(1) an indictment or information charging the judge in a
United States court with a crime punishable as a felony under
Indiana or federal law; or
(2) a recommendation to the supreme court by the commission
for the judge's removal or retirement.
(b) On recommendation of the commission or on its own motion,
the supreme court may suspend a judge from office without salary
if in a United States court the judge pleads guilty or no contest or
is found guilty of a crime that:
(1) is punishable as a felony under Indiana or federal law; or
(2) involves moral turpitude under the law.
If the judge's conviction is reversed, the suspension terminates and
the judge shall be paid the judge's salary for the period of
suspension. If the judge's conviction becomes final, the supreme
court shall remove the judge from office.
(c) On recommendation of the commission, the supreme court
may:
(1) retire a judge for a disability that:
(A) seriously interferes with the performance of the judge's
duties; and
(B) is or is likely to become permanent; and
(2) censure or remove a judge for an action that:
(A) occurs not more than six (6) years before the beginning
of the judge's current term; and
(B) constitutes at least one (1) of the following:
(i) Willful misconduct in office.
(ii) Willful or persistent failure to perform the judge's
duties.
(iii) Habitual intemperance.
(iv) Conduct prejudicial to the administration of justice
that brings the judicial office into disrepute.
and last known residence of the following:
(1) The investigation.
(2) The nature of the complaint.
(3) The origin of the complaint, including the name of the
complainant or that the investigation is on the commission's
motion.
(4) The opportunity to present in the court of the investigation
matters as the judge chooses.
(d) The commission may do the following:
(1) Conduct investigations.
(2) Employ special investigators.
(3) Hold confidential hearings with the judge's or commission's
agents or attorneys.
(4) Hold confidential hearings with any judge involved.
(e) If:
(1) the commission's initial inquiry or investigation does not
disclose sufficient cause to warrant further proceedings; and
(2) the complainant subsequently issues any public statement
relating to the activities or actions of the commission;
the commission may answer the statement by referring to the
record of proceedings or the results of the investigations.
Sec. 16. (a) If the commission decides to institute formal
proceedings, the commission shall give written notice to the judge
advising the judge of the institution of formal proceedings to
inquire into the charges against judge. The proceedings must be
entitled:
"BEFORE THE INDIANA JUDICIAL QUALIFICATIONS
COMMISSION
Inquiry Concerning a Judge, No. _______".
(b) The notice must:
(1) specify in ordinary and concise language the charges
against the judge and the alleged facts upon which the charges
are based; and
(2) advise the judge of the judge's right to file a written answer
not more then twenty (20) days after service of notice.
A charge is not sufficient if it recites the general language of the
original complaint.
(c) The notice shall be made upon the judge by registered or
certified mail addressed to the judge at the judge's chambers and
last known residence.
Sec. 17. Not more than twenty (20) days after service of the notice
of formal proceedings, the judge:
shall mail to the judge and the counsel written notice of the time
and place of the hearing not less than ten (10) days before the
hearing.
Sec. 26. (a) The chairman of the commission may extend the time
for:
(1) filing an answer;
(2) commencing a hearing before the commission; or
(3) filing objections to the report of the masters.
(b) The presiding master, with the approval of the chairman of
the commission, may extend the time for commencing a hearing
before the masters.
Sec. 27. (a) The commission may order a hearing to take
additional evidence at any time while the matter is pending before
the commission. The order must set the time and place of the
hearing in the county in which the judge resides and must indicate
the matters on which evidence will be taken. A copy of the order
shall be mailed to the judge and the counsel at least ten (10) days
before the hearing.
(b) If masters have been appointed, the hearing of additional
evidence is before the masters in accordance with this chapter.
Sec. 28. If the commission finds good cause, it shall recommend
to the supreme court the discipline, retirement, or removal of a
judge. If a hearing is before the masters, the affirmative vote of
four (4) commission members is required to recommend the
discipline, retirement, or removal of a judge. If a hearing is before
the commission, the affirmative vote of four (4) commission
members, including a majority of the members present at the
hearing, is required to recommend the discipline, retirement, or
removal of a judge.
Sec. 29. The commission shall keep a record of all formal
proceedings concerning a judge. The commission shall enter its
determination in the record and mail notice to the judge and the
counsel. If the commission recommends the discipline, retirement,
or removal of a judge to the supreme court, the commission shall
prepare a transcript of the evidence and proceedings and shall
make written findings of fact and conclusions of law.
Sec. 30. Upon recommending the discipline, retirement, or
removal of a judge, the commission shall file a copy of each of the
following with the clerk of the supreme court:
(1) The recommendation certified by the chairman or secretary
of the commission.
(2) The transcript.
written statements, transcripts of testimony, and documentary
evidence that:
(1) are in the commission counsel's possession at any time;
(2) are relevant to a charge against or defense of the judge; and
(3) have not been furnished to the judge.
The counsel shall comply with the request not more than ten (10)
days after receiving the request or not more than ten (10) days
after any information or evidence becomes known to the counsel.
(e) During an investigation by the commission, a judge whose
conduct is being investigated may demand in writing that the
commission institute formal proceedings against the judge or enter
a formal finding that there is not probable cause to believe the
judge is guilty of misconduct. Not more than sixty (60) days after
receiving a written demand, the commission shall comply with the
demand. A copy of the demand shall be filed in the supreme court
and is a matter of public record. If the commission finds there is
not probable cause, the finding shall be filed in the supreme court
and is a matter of public record.
SECTION 18. IC 33-39 IS ADDED TO THE INDIANA CODE AS
A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2004]:
ARTICLE 39. PROSECUTING ATTORNEYS
Chapter 1. Bond, Duty to Prosecute, Special Prosecutors, and
Pretrial Diversion
Sec. 1. (a) As used in this chapter, "senior prosecuting attorney"
means a person who:
(1) was employed for at least eight (8) years as a prosecuting
attorney or chief deputy prosecuting attorney; and
(2) files an affidavit requesting designation as a senior
prosecuting attorney in the circuit court in a county in which
the person is willing to serve as a senior prosecuting attorney.
(b) An affidavit filed under subsection (a) must contain the
following:
(1) The name of the person filing the affidavit.
(2) The person's attorney number issued by the supreme court.
(3) The length of time the person served as a chief deputy
prosecuting attorney or prosecuting attorney.
(4) The name of any county in which the person served as a
chief deputy prosecuting attorney or prosecuting attorney.
(c) The circuit court shall promptly forward each affidavit
received under this section to the prosecuting attorneys council of
Indiana.
Sec. 2. (a) This section does not apply to a deputy prosecuting
attorney appointed by a prosecuting attorney or a special
prosecutor appointed by a court.
(b) To be eligible to hold office as a prosecuting attorney, a
person must be a resident of the judicial circuit that the person
serves.
Sec. 3. A person elected to the office of prosecuting attorney,
before entering upon the duties of the office, shall execute a bond
in the manner prescribed by IC 5-4-1.
Sec. 4. (a) When a prosecuting attorney receives information of
the commission of a felony or misdemeanor, the prosecuting
attorney shall cause process to issue from a court (except the
circuit court) having jurisdiction to issue the process to the proper
officer, directing the officer to subpoena the persons named in the
process who are likely to have information concerning the
commission of the felony or misdemeanor. The prosecuting
attorney shall examine a person subpoenaed before the court that
issued the process concerning the offense.
(b) If the facts elicited under subsection (a) are sufficient to
establish a reasonable presumption of guilt against the party
charged, the court shall:
(1) cause the testimony that amounts to a charge of a felony or
misdemeanor to be reduced to writing and subscribed and
sworn to by the witness; and
(2) issue process for the apprehension of the accused, as in
other cases.
Sec. 5. Except as provided in IC 12-15-23-6(d), the prosecuting
attorneys, within their respective jurisdictions, shall:
(1) conduct all prosecutions for felonies, misdemeanors, or
infractions and all suits on forfeited recognizances;
(2) superintend, on behalf of counties or any of the trust funds,
all suits in which the the counties or trust funds may be
interested or involved; and
(3) perform all other duties required by law.
Sec. 6. (a) Special prosecutors may be appointed only under this
section.
(b) A circuit or superior court judge:
(1) shall appoint a special prosecutor if:
(A) any person other than the prosecuting attorney or the
prosecuting attorney's deputy files a verified petition
requesting the appointment of a special prosecutor; and
(B) the prosecuting attorney agrees that a special prosecutor
is needed;
(2) may appoint a special prosecutor if:
(A) a person files a verified petition requesting the
appointment of a special prosecutor; and
(B) the court, after:
(i) notice is given to the prosecuting attorney; and
(ii) an evidentiary hearing is conducted at which the
prosecuting attorney is given an opportunity to be heard;
finds by clear and convincing evidence that the appointment
is necessary to avoid an actual conflict of interest or there is
probable cause to believe that the prosecutor has committed
a crime;
(3) may appoint a special prosecutor if:
(A) the prosecuting attorney files a petition requesting the
court to appoint a special prosecutor; and
(B) the court finds that the appointment is necessary to avoid
the appearance of impropriety; and
(4) may appoint a special prosecutor if:
(A) an elected public official, who is a defendant in a criminal
proceeding, files a verified petition requesting a special
prosecutor within ten (10) days after the date of the initial
hearing; and
(B) the court finds that the appointment of a special
prosecutor is in the best interests of justice.
(c) Each person appointed to serve as a special prosecutor:
(1) must consent to the appointment; and
(2) must be:
(A) the prosecuting attorney or a deputy prosecuting
attorney in a county other than the county in which the
person is to serve as special prosecutor; or
(B) except as provided in subsection (d), a senior prosecuting
attorney.
(d) A senior prosecuting attorney may be appointed in the county
in which the senior prosecuting attorney previously served if the
court finds that an appointment under this subsection would not
create the appearance of impropriety.
(e) A person appointed to serve as a special prosecutor has the
same powers as the prosecuting attorney of the county. However,
the appointing judge shall limit scope of the special prosecutor's
duties to include only the investigation or prosecution of a
particular case or particular grand jury investigation.
(f) The court shall establish the length of the special prosecutor's
term. If the target of an investigation by the special prosecutor is
a public servant (as defined in IC 35-41-1-24), the court shall order
the special prosecutor to file a report of the investigation with the
court at the conclusion of the investigation. The report is a public
record.
(g) If the special prosecutor is not regularly employed as a
full-time prosecuting attorney or full-time deputy prosecuting
attorney, the compensation for the special prosecutor's services:
(1) shall be paid to the special prosecutor from the
unappropriated funds of the appointing county; and
(2) may not exceed:
(A) a per diem equal to the regular salary of a full-time
prosecuting attorney of the appointing circuit; and
(B) travel expenses and reasonable accommodation expenses
actually incurred.
(h) If the special prosecutor is regularly employed as a full-time
prosecuting attorney or deputy prosecuting attorney, the
compensation for the special prosecutor's services:
(1) shall be paid out of the appointing county's unappropriated
funds to the treasurer of the county in which the special
prosecutor regularly serves; and
(2) must include a per diem equal to the regular salary of a
full-time prosecuting attorney of the appointing circuit, travel
expenses, and reasonable accommodation expenses actually
incurred.
(i) The combination of:
(1) the compensation paid to a senior prosecuting attorney
under this chapter; and
(2) retirement benefits that the person appointed as a senior
prosecuting attorney is receiving or entitled to receive;
may not exceed the minimum compensation to which a full-time
prosecuting attorney is entitled under IC 33-39-6-5.
(j) A senior prosecuting attorney appointed under this chapter
may not be compensated as senior prosecuting attorney for more
than one hundred (100) calendar days in total during a calendar
year.
Sec. 7. A person may not be appointed a senior prosecuting
attorney under section 6 of this chapter if the person:
(1) is not available for the minimum period of commitment for
service as a special prosecutor; or
(2) has had a disciplinary sanction imposed by the Indiana
supreme court disciplinary commission or a similar body in
another state that restricts the person's ability to practice law.
Sec. 8. (a) After June 30, 2005, this section does not apply to a
person who:
(1) holds a commercial driver's license; and
(2) has been charged with an offense involving the operation of
a motor vehicle in accordance with the federal Motor Carrier
Safety Improvement Act of 1999 (MCSIA) (Public Law
106-159.113 Stat. 1748).
(b) A prosecuting attorney may withhold prosecution against an
accused person if:
(1) the person is charged with a misdemeanor;
(2) the person agrees to conditions of a pretrial diversion
program offered by the prosecuting attorney; and
(3) the terms of the agreement are recorded in an instrument
signed by the person and the prosecuting attorney and filed in
the court in which the charge is pending.
(c) An agreement under subsection (b) may include conditions
that the person:
(1) pay to the clerk of the court an initial user's fee and
monthly user's fees in the amounts specified in IC 33-37-4-1;
(2) work faithfully at a suitable employment or faithfully
pursue a course of study or vocational training that will equip
the person for suitable employment;
(3) undergo available medical treatment or counseling and
remain in a specified facility required for that purpose;
(4) support the person's dependents and meet other family
responsibilities;
(5) make restitution or reparation to the victim of the crime for
the damage or injury that was sustained;
(6) refrain from harassing, intimidating, threatening, or having
any direct or indirect contact with the victim or a witness;
(7) report to the prosecuting attorney at reasonable times;
(8) answer all reasonable inquiries by the prosecuting attorney
and promptly notify the prosecuting attorney of any change in
address or employment; and
(9) participate in dispute resolution either under IC 34-57-3 or
a program established by the prosecuting attorney.
(d) An agreement under subsection (b)(2) may include other
provisions reasonably related to the defendant's rehabilitation, if
approved by the court.
(e) The prosecuting attorney shall notify the victim when
prosecution is withheld under this section.
the prosecuting attorney or deputy prosecuting attorney obtains a
seal that stamps upon paper a distinct impression:
(1) in words or letters sufficiently indicating the official
character of the prosecuting attorney or deputy prosecuting
attorney; and
(2) that may include any other device chosen by the
prosecuting attorney or deputy prosecuting attorney.
All acts not attested by a seal are void.
Sec. 3. A prosecuting attorney or deputy prosecuting attorney
who performs any of the acts set forth in section 1 of this chapter
shall, at the time of signing a certificate of acknowledgment of a
deed, mortgage, other instrument, jurat, or other official
document, append to the certificate a true statement of the date of
the expiration of the commission of the prosecuting attorney or
deputy prosecuting attorney. A prosecuting attorney or deputy
prosecuting attorney has jurisdiction to perform the duties set
forth in this chapter anywhere in Indiana.
Sec. 4. A prosecuting attorney or deputy prosecuting attorney
who performs an act under this chapter is entitled to the same fees
as those charged by notaries public. If an act committed by a
notary public would be a violation of the law, the act is a violation
of the law if committed by a prosecuting attorney or deputy
prosecuting attorney in the performance of an act authorized
under this chapter.
Sec. 5. A prosecuting attorney or a deputy prosecuting attorney
may administer all oaths that are convenient and necessary to be
administered in the discharge of their official duties. An oath under
this section shall be administered without any charge or expense.
Chapter 3. Travel Expenses Reimbursed for Taking Depositions
in Criminal Actions
Sec. 1. Except as provided in section 2 of this chapter and upon
the order of a judge trying a criminal case, the county auditor shall
pay to a prosecuting attorney, from funds in the county treasury
not otherwise appropriated and as a part of the costs of the trial,
an amount equal to the expenses necessarily incurred by a
prosecuting attorney in traveling to attend the taking of any
deposition in connection with the criminal action.
Sec. 2. If a prosecuting attorney incurred expenses described in
section 1 of this chapter for a criminal case from another county
being heard on a change of venue, the expenses shall be collected
from the other county as other costs are collected in the case.
Sec. 3. The court shall provide a prosecuting attorney an
allowance for reasonable expenses after the prosecuting attorney
files with the clerk of the court an itemized and verified statement
of expenses.
Chapter 4. Appointment of Investigators and Jurisdiction to
Investigate
Sec. 1. (a) The prosecuting attorney of any judicial circuit of
Indiana may appoint one (1) or more investigators with the
approval of the county council or councils. An investigator
appointed under this section:
(1) works under the direction of the prosecuting attorney; and
(2) may conduct investigations and assist in collecting and
assembling evidence that, in the judgment of the prosecuting
attorney, may be necessary for the successful prosecution of
any of the criminal offenders of the judicial circuit.
(b) An investigator appointed under this section shall give bond
in the sum of five thousand dollars ($5,000) and has the same police
powers within the county authorized by law to all police officers.
(c) In each judicial circuit the salary or other compensation to be
paid an investigator appointed under this section shall be set by the
county council or councils. A county council or councils may not
reduce the number of investigators or compensation of any
investigator without approval of the prosecuting attorney.
Sec. 2. (a) If the place of trial for commission of an offense, as
determined under IC 35-32-2-1, would potentially require a choice
between or among counties, the coroner and law enforcement
officers of the county where the offense is discovered have
jurisdiction to investigate the offense.
(b) This section may be modified by agreement between or
among the prosecuting attorneys of the counties involved.
Chapter 5. Assistance Procuring a Liquor License Prohibited
Sec. 1. A:
(1) prosecuting attorney;
(2) deputy prosecuting attorney; or
(3) judge of a city court;
who recklessly acts as attorney, agent, or counsel for an applicant
in a proceeding to procure a license to retail or wholesale
intoxicating liquors under IC 7.1, or aids or assists in any manner
in the procuring of a license commits a Class B misdemeanor.
Chapter 6. Compensation of Prosecutors, Deputies, and
Investigators
Sec. 1. (a) Prosecuting attorneys and deputy prosecuting
attorneys are entitled to receive the compensation provided in this
chapter. The minimum compensation of the prosecuting attorneys
shall be paid in the manner prescribed in section 5 of this chapter.
The compensation of the deputy prosecuting attorneys shall be
paid in the manner prescribed in section 2 of this chapter.
(b) Upon the allowance of an itemized and verified claim by the
board of county commissioners, the auditor of the county shall
issue a warrant to a prosecuting attorney or deputy prosecuting
attorney who filed the claim to pay any part of the compensation
of a prosecuting attorney or a deputy prosecuting attorney that
exceeds the amount that the state is to pay.
(c) A deputy prosecuting attorney who knowingly divides
compensation with the prosecuting attorney or any other officer or
person in connection with employment commits a Class B
misdemeanor.
(d) A prosecuting attorney or any other officer or person who
accepts any division of compensation described in subsection (c)
commits a Class B misdemeanor.
(e) The attorney general shall call at least one (1) and not more
than two (2) conferences of the prosecuting attorneys, each year,
to consider, discuss, and develop coordinated plans for the
enforcement of the laws of Indiana. The date or dates upon which
the conferences are held shall be fixed by the attorney general. The
expenses necessarily incurred by a prosecuting attorney in
attending a conference, including the actual expense of
transportation to and from the place where the conference is held,
together with meals and lodging, shall be paid from the general
fund of the county upon the presentation of an itemized and
verified claim, filed as required by law, and by warrant issued by
the county auditor. If there is more than one (1) county in any
judicial circuit, the expenses of the prosecuting attorneys incurred
by virtue of this subsection shall be paid from the general fund of
the respective counties constituting the circuit in the same
proportion that the classification factor of each county bears to the
classification factor of the judicial circuit as determined according
to law by the state board of accounts.
Sec. 2. (a) A prosecuting attorney may appoint one (1) chief
deputy prosecuting attorney. The maximum annual salary paid by
the state of a chief deputy prosecuting attorney appointed under
this subsection is as follows:
(1) If the prosecuting attorney is a full-time prosecuting
attorney appointing a full-time chief deputy prosecuting
attorney, the annual salary of the chief deputy prosecuting
attorney is equal to seventy-five percent (75%) of the salary
paid by the state to a full-time prosecuting attorney.
(2) If the prosecuting attorney is a full-time prosecuting
attorney appointing a part-time chief deputy prosecuting
attorney, the annual salary of the chief deputy prosecuting
attorney is equal to seventy-five percent (75%) of the salary
paid by the state to a part-time prosecuting attorney serving
the judicial district served by the chief deputy prosecuting
attorney.
(3) If the prosecuting attorney is a part-time prosecuting
attorney appointing a full-time chief deputy prosecuting
attorney, the annual salary of the chief deputy prosecuting
attorney is equal to seventy-five percent (75%) of the salary
paid by the state to a full-time prosecuting attorney.
(4) If the prosecuting attorney is a part-time prosecuting
attorney appointing a part-time chief deputy prosecuting
attorney, the annual salary of the chief deputy prosecuting
attorney is equal to seventy-five percent (75%) of the salary
paid by the state to a part-time prosecuting attorney.
(b) The prosecuting attorney in a county in which is located at
least one (1) institution operated by the department of correction
that houses at least one thousand five hundred (1,500) offenders
may appoint two (2) additional deputy prosecuting attorneys. In a
county having two (2) institutions, each of which houses at least one
thousand five hundred (1,500) offenders, the prosecuting attorney
may appoint a third deputy prosecuting attorney.
(c) The prosecuting attorney in a county in which is located an
institution operated by the department of correction that houses at
least one hundred (100) but less than one thousand five hundred
(1,500) adult offenders may appoint one (1) additional deputy
prosecuting attorney.
(d) The prosecuting attorney in a county in which is located a
state institution (as defined in IC 12-7-2-184) that has a daily
population of at least three hundred fifty (350) patients may
appoint one (1) additional deputy prosecuting attorney.
(e) The annual salary of a deputy prosecuting attorney appointed
under subsections (b) through (d) may not be less than seventy-five
percent (75%) of the annual salary of the appointing prosecuting
attorney, as determined under section 5 of this chapter as though
the prosecuting attorney had not elected full-time status.
(f) The salaries provided in this section shall be paid by the state
once every two (2) weeks from the state general fund. There is
appropriated annually out of the general fund of the state sufficient
funds to pay any amount necessary. However, the salaries fixed in
this chapter are determined to be maximum salaries to be paid by
the state. This chapter does not limit the power of counties
comprising the respective judicial circuits to pay additional
salaries upon proper action by the appropriate county officials.
(g) The various county councils shall appropriate annually for
other deputy prosecuting attorneys, investigators, clerical
assistance, witness fees, out-of-state travel, postage, telephone tolls
and telegraph, repairs to equipment, office supplies, other
operating expenses, and equipment an amount necessary for the
proper discharge of the duties imposed by law upon the office of
the prosecuting attorney of each judicial circuit.
Sec. 3. For purposes of fixing the salaries of the various
prosecuting attorneys under this chapter, each judicial circuit of
the state is:
(1) graded on the basis of population and gross assessed
valuation; and
(2) set up on the percentage ratio it bears to the state, the whole
state being considered as one hundred percent (100%).
Sec. 4. (a) The nine (9) classes of the several judicial circuits of
the state as set out in this chapter are based on a unit factor system.
The factors are determined by the relations of the judicial circuit
to the state as established and certified to each county auditor by
the state board of accounts not later than June 20 of any calendar
year. They are as follows:
(1) Population.
(2) Gross assessed valuation as shown by the last preceding
gross assessed valuation as certified by the various counties to
the auditor of the state in the calendar year in which the
calculation is made.
(b) The factors for each of the nine (9) classes set out in this
chapter shall be obtained as follows:
(1) The population of each judicial circuit shall be divided by
the population of the entire state.
(2) The gross assessed valuation of each judicial circuit shall be
divided by the gross assessed valuation of the entire state.
(3) The two (2) results thus obtained shall be added together
and the sum thus obtained for each judicial circuit shall be
divided by two (2).
(4) The final result so obtained, multiplied by one hundred
(100), shall determine the classification of each judicial circuit
according to the following schedule:
full professional time to the duties of the office of prosecuting
attorney by filing a written notice with the circuit court of the
prosecuting attorney's judicial circuit and the auditor of state. The
election may be made annually during the prosecuting attorney's
term. However, the notice of election must be made before June 30
of the applicable year. An election is effective for each successive
year of the term unless it is revoked before June 30 of the year
during which the prosecuting attorney wants to change the
prosecuting attorney's status. However, only one (1) change in
status may be made during the term. A revocation is made by the
prosecuting attorney by filing a written notice with the circuit
court of the prosecuting attorney's judicial circuit and the auditor
of state.
(b) A prosecuting attorney who elects to be a full-time
prosecuting attorney:
(1) shall devote the prosecuting attorney's full professional
time to the prosecuting attorney's office; and
(2) may not engage in the private practice of law.
(c) If a prosecuting attorney of a judicial circuit of the sixth
through ninth class elects to become a full-time prosecuting
attorney and the majority of the county council consents to the
election, a copy of the consent must be filed with the notice of
election to full-time status with the circuit court of the prosecuting
attorney's judicial circuit and with the auditor of state.
Sec. 7. The prosecuting attorney of each judicial circuit of the
second class within a county having a population of more than two
hundred thousand (200,000) but less than three hundred thousand
(300,000) shall devote the prosecuting attorney's full professional
time to the duties of the prosecuting attorney's office. The
prosecuting attorney may not engage in the private practice of law
for the term for which the prosecuting attorney was elected or
appointed, and the prosecuting attorney is entitled to a minimum
annual salary that is not less than the salary of the judge of the
circuit court of the same judicial circuit.
Sec. 8. (a) The compensation provided in this chapter for
prosecuting attorneys and their deputies is in full for all services
required by law. Prosecuting attorneys shall appear in all courts
and in all cases where the law provides that they shall appear.
(b) Prosecuting attorneys, deputy prosecuting attorneys, and
investigators are entitled to a sum for mileage for the miles
necessarily traveled in the discharge of their duties. The sum for
mileage provided by this subsection must:
participant by a county or counties.
Sec. 8. (a) As used in this chapter, "services" means the period
beginning on the first day upon which a person first became:
(1) a prosecuting attorney or chief deputy prosecuting
attorney;
(2) any other deputy prosecuting attorney who is:
(A) appointed under IC 33-39-6-2; and
(B) paid by the state from the state general fund; or
(3) the executive director or the assistant executive director of
the prosecuting attorneys council of Indiana;
whether that date is before, on, or after January 1, 1990, and
ending on the date under consideration, including all intervening
employment in a position described in subdivisions (1) through (3).
If an individual is elected or appointed to a position described in
subdivisions (1) through (3) and serves one (1) or more terms or
part of a term, then retires from office, but at a later period or
periods is appointed or elected and serves in a position described
in subdivisions (1) through (3), the individual shall pay into the
fund during all the periods that the individual serves in that
position, except as otherwise provided in this chapter, whether the
periods are connected or disconnected.
(b) A senior prosecuting attorney appointed under IC 33-39-1
is not required to pay into the fund during any period of service as
a senior prosecuting attorney.
Sec. 9. The prosecuting attorneys retirement fund is established.
The fund consists of the following:
(1) Each participant's contributions to the fund.
(2) All gifts, grants, devises, and bequests in money, property,
or other form made to the fund.
(3) All interest on investments or on deposits of the funds.
(4) A contribution or payment to the fund made in a manner
provided by the general assembly.
Sec. 10. The fund shall be construed to be a trust, separate and
distinct from all other entities, maintained to:
(1) secure payment of benefits to the participants and their
beneficiaries; and
(2) pay the costs of administering this chapter.
Sec. 11. (a) The board shall administer the fund, which may be
commingled with the public employees' retirement fund for
investment purposes.
(b) The board shall do the following:
(1) Determine eligibility for and make payments of benefits
under this chapter.
(2) In accordance with the powers and duties granted the
board in IC 5-10.3-3-7, IC 5-10.3-3-7.1, IC 5-10.3-3-8, and
IC 5-10.3-5-3 through IC 5-10.3-5-6, administer the fund.
(3) Provide by rule for the implementation of this chapter.
(c) A determination by the board may be appealed under
IC 4-21.5.
(d) The powers and duties of:
(1) the director and the actuary of the board;
(2) the treasurer of state;
(3) the attorney general; and
(4) the auditor of state;
with respect to the fund are those specified in IC 5-10.3-3 and
IC 5-10.3-4.
(e) The board may hire additional personnel, including hearing
officers, to assist in the implementation of this chapter.
Sec. 12. (a) Except as provided in subsection (b), each participant
shall make contributions to the fund as follows:
(1) A participant described in section 8(a)(1) of this chapter
shall make contributions of six percent (6%) of each payment
of salary received for services after December 31, 1989.
(2) A participant described in section 8(a)(2) or 8(a)(3) of this
chapter shall make contributions of six percent (6%) of each
payment of salary received for services after June 30, 1994.
A participant's contributions shall be deducted from the
participant's monthly salary by the auditor of state and credited to
the fund.
(b) The state may pay the contributions for a participant.
Sec. 13. (a) A participant who:
(1) ceases service in a position described in section 8 of this
chapter, other than by death or disability; and
(2) is not eligible for a retirement benefit under this chapter;
is entitled to withdraw from the fund, beginning on the date
specified by the participant in a written application. The date upon
which the withdrawal begins may not be before the date of final
termination of employment or the date thirty (30) days before the
receipt of the application by the board. Upon withdrawal the
participant is entitled to receive the total sum contributed plus
interest at the rate of five and one-half percent (5.5%)
compounded annually, payable not later than sixty (60) days from
the date of the withdrawal application.
(b) Notwithstanding section 8 of this chapter, a participant who
withdraws from the fund under subsection (a) and becomes a
participant again at a later date is not entitled to service credit for
years of service before the withdrawal.
Sec. 14. (a) Interest shall be credited annually on June 30 at the
rate of five and one-half percent (5.5%) on all amounts credited to
the member as of June 30 of the preceding year.
(b) Contributions begin to accumulate interest at the beginning
of the fiscal year after the year in which the contributions are due.
(c) When a member retires or withdraws, a proportional interest
credit determined under this chapter shall be paid for the period
elapsed since the last date on which interest was credited.
Sec. 15. A participant whose employment in a position described
in section 8 of this chapter is terminated is entitled to a retirement
benefit computed under section 16 or 18 of this chapter, beginning
on the date specified by the participant in a written application, if
all of the following conditions are met:
(1) The application for retirement benefits and the choice of
the retirement date is filed on a form provided by the board
and the retirement date is:
(A) after the cessation of the participant's service;
(B) on the first day of a month; and
(C) not more than six (6) months before the date the
application is received by the board.
However, if the board determines that a participant is
incompetent to file for benefits and choose a retirement date,
the retirement date may be any date that is the first of the
month after the time the participant became incompetent.
(2) The participant:
(A) is at least sixty-two (62) years of age and has at least ten
(10) years of service credit; or
(B) meets the requirements for disability benefits under
section 17 of this chapter.
(3) The participant is not receiving and is not entitled to
receive any salary for services currently performed, except for
services rendered as a senior prosecuting attorney under
IC 33-39-1.
Sec. 16. (a) This section does not apply to a participant who meets
the requirements for disability benefits under section 17 of this
chapter.
(b) Except as provided in subsections (c) and (d), the amount of
the annual retirement benefit to which a participant who applies
for a retirement benefit and who is at least sixty-five (65) years of
age is entitled equals the product of:
(1) the highest annual salary that was paid to the participant
before separation from service; multiplied by
(2) the percentage prescribed in the following table:
Participant's Years
Percentage
of Service
Less than 10 0
10 30%
11 33%
12 50%
13 51%
14 52%
15 53%
16 54%
17 55%
18 56%
19 57%
20 58%
21 59%
22 or more 60%
(c) If a participant who applies for a retirement benefit is not at
least sixty-five (65) years of age, the participant is entitled to
receive a reduced annual retirement benefit that equals the benefit
that would be payable if the participant were sixty-five (65) years
of age reduced by one-fourth percent (0.25%) for each month that
the participant's age at retirement precedes the participant's
sixty-fifth birthday.
(d) Benefits payable to a participant under this section are
reduced by the pension, if any, that would be payable to the
participant from the public employees' retirement fund if the
participant had retired from the public employees' retirement fund
on the date of the participant's retirement from the prosecuting
attorneys retirement fund. Benefits payable to a participant under
this section are not reduced by annuity payments made to the
participant from the public employees' retirement fund.
(e) If benefits payable from the public employees' retirement
fund exceed the benefits payable from the prosecuting attorneys
retirement fund, the participant is entitled at retirement to
withdraw from the prosecuting attorneys retirement fund the total
sum contributed plus interest at the rate of five and one-half
percent (5.5%) compounded annually.
Sec. 17. (a) Except as provided in subsection (b), a participant
who becomes disabled while in active service in a position
described in section 8 of this chapter may retire for the duration of
the disability if:
(1) the participant has at least five (5) years of creditable
service;
(2) the participant has qualified for Social Security disability
benefits and has furnished proof of the Social Security
qualification to the board; and
(3) at least once each year until the participant becomes
sixty-five (65) years of age a representative of the board
verifies the continued disability.
For purposes of this section, a participant who has qualified for
disability benefits under the federal civil service system is
considered to have met the requirement of subdivision (2) if the
participant furnishes proof of the qualification to the board.
(b) Benefits may not be provided under this chapter for any
disability that:
(1) results from an intentionally self-inflicted injury or
attempted suicide while sane or insane;
(2) results from the participant's commission or attempted
commission of a felony; or
(3) begins within two (2) years after a participant's entry or
reentry into active service in a position described in section 8
of this chapter and was caused or contributed to by a mental
or physical condition that manifested itself before the
participant entered or reentered active service.
(c) To the extent required by the Americans with Disabilities Act,
the transcripts, reports, records, and other material generated to
prove that an individual is qualified for disability benefits under
this section shall be:
(1) kept in separate medical files for each member; and
(2) treated as confidential medical records.
Sec. 18. (a) Except as provided in subsection (b), the amount of
the annual benefit payable to a participant who meets the
requirements for disability benefits under section 17 of this chapter
is equal to the product of:
(1) the annual salary that was paid to the participant at the
time of separation from service; multiplied by
(2) the percentage prescribed in the following table:
Participant's Years
Percentage
of Service
Less than 5
0
retirement fund law.
(4) If the fund is terminated, or if all contributions to the fund
are completely discontinued, the rights of each affected
participant to the benefits accrued at the date of the
termination or discontinuance, to the extent then funded, are
nonforfeitable.
(5) All benefits paid from the fund shall be distributed in
accordance with the requirements of Section 401(a)(9) of the
Internal Revenue Code and the regulations under that section.
In order to meet those requirements, the fund is subject to the
following provisions:
(A) The life expectancy of a participant, the participant's
spouse, or the participant's beneficiary shall not be
recalculated after the initial determination for purposes of
determining any benefits.
(B) If a participant dies before the distribution of the
participant's benefits has begun, distributions to
beneficiaries must begin no later than December 31 of the
calendar year immediately following the calendar year in
which the member died.
(6) The board may not:
(A) determine eligibility for benefits;
(B) compute rates of contribution; or
(C) compute benefits of participant's beneficiaries;
in a manner that discriminates in favor of participants who are
considered officers, supervisors, or highly compensated, as
prohibited under Section 401(a)(4) of the Internal Revenue
Code.
(7) Benefits paid under this chapter may not exceed the
maximum benefits specified by Section 415 of the Internal
Revenue Code. If a participant's benefits under this chapter
would exceed that maximum benefit, the benefit payable under
this chapter shall be reduced as necessary.
(8) The salary taken into account under this chapter may not
exceed the applicable amount under Section 401(a)(17) of the
Internal Revenue Code.
(9) The board may not engage in a transaction prohibited by
Section 503(b) of the Internal Revenue Code.
Sec. 23. (a) For purposes of this chapter, the following amounts
are appropriated for each biennium:
(1) From the state general fund, the amount required to
actuarially fund participants' retirement benefits, as
determined by the board on recommendation of an actuary.
(2) From the fund, the amount required for administration
purposes.
(b) The biennial appropriations provided in this section shall be
credited to the board annually in equal installments in the month
of July of each year of the biennium.
Sec. 24. Notwithstanding any other provision of this chapter, to
the extent required by Internal Revenue Code Section 401(a)(31),
as added by the Unemployment Compensation Amendments of
1992 (P.L.102-318), and any amendments and regulations related
to Section 401(a)(31), the fund shall allow participants and
qualified beneficiaries to elect a direct rollover of eligible
distributions to another eligible retirement plan.
Sec. 25. (a) Notwithstanding any other provision of this chapter,
the fund must be administered in a manner consistent with the
Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.). A
member on a leave of absence that qualifies for the benefits and
protections afforded by the Family and Medical Leave Act is
entitled to receive credit for vesting and eligibility purposes to the
extent required by the Family and Medical Leave Act, but is not
entitled to receive credit for service for benefit purposes.
(b) Notwithstanding any other provision of this chapter, a
participant is entitled to service credit and benefits in the amount
and to the extent required by the Uniformed Services Employment
and Reemployment Rights Act (38 U.S.C. 4301 et seq.).
Chapter 8. Prosecuting Attorneys Council
Sec. 1. As used in this chapter, "council" refers to the
prosecuting attorneys council of Indiana established by section 2
of this chapter.
Sec. 2. (a) The prosecuting attorneys council of Indiana is
established.
(b) The membership of the council consists of all the prosecuting
attorneys and their chief deputies acting in Indiana.
Sec. 3. The activities of the council shall be directed by a ten (10)
member board of directors elected by the entire membership of the
council.
Sec. 4. The council may employ an executive director, staff, and
clerical assistants necessary to fulfill the purposes of the council.
Sec. 5. The council shall do the following:
(1) Assist in the coordination of the duties of the prosecuting
attorneys of the state and their staffs.
(2) Prepare manuals of procedure.
approval of the supreme court. The schedule shall be furnished
upon request to all criminal courts. A fee approved by any court
for the services of:
(1) the state public defender;
(2) the state public defender's deputy; or
(3) any attorney appointed by the state public defender and the
judge under a request made to the state public defender;
may not be less than the approved minimum fee provided in the
schedule.
(b) In cases where there has been a change of venue, the
presiding judge may not approve a fee for a public defender from
the office of the state public defender that exceeds one hundred
twenty-five percent (125%) of the minimum fee schedule
established under this chapter.
Sec. 4. All fees for services rendered by the state public defender
or any of the state public defender's deputies under this chapter
shall be paid directly to the state treasurer, to be expended for any
necessary expenses of the office of the state public defender,
including salaries of the necessary deputies, in addition to the state
general funds otherwise appropriated by the general assembly for
the payment of the expenses.
Sec. 5. The judge of a court having criminal jurisdiction shall
make all orders necessary to mandate payment of fees approved by
the presiding judge for payment for legal services rendered for
indigent defendants in any cause in:
(1) the court; or
(2) another court following change of venue from the court;
whether or not the legal services are arranged under this chapter
or by direct appointment of counsel in the first instance by the
judge.
Sec. 6. (a) A public defender may use a public defender
investigator who is qualified under subsection (b) to assist the
public defender in preparing for the criminal defense of indigent
persons.
(b) To practice as a public defender investigator, an individual
must:
(1) be at least twenty-one (21) years of age; and
(2) not have a conviction for a crime that has a direct bearing
on the individual's ability to competently perform the duties of
a public defender investigator.
(c) A public defender investigator may not perform any duties
for the public defender that constitute the unauthorized practice of
law.
Chapter 3. Supplemental Funding for Public Defender Services
Sec. 1. A supplemental public defender services fund is
established in each county. The fund consists of amounts deposited
under section 9 of this chapter.
Sec. 2. The fiscal body of the county shall appropriate money
from the fund to supplement and provide court appointed legal
services to qualified defendants.
Sec. 3. The supplemental public defender services fund may be
used only to supplement the provision for court appointed legal
services and may not be used to replace other funding of court
appointed legal services.
Sec. 4. Any money remaining in the fund at the end of the
calendar year does not revert to any other fund but continues in
the supplemental public defender services fund.
Sec. 5. A county may not have more than one (1) program
providing court appointed legal services in the county, unless the
fiscal body of the county agrees to allow additional court appointed
legal services programs in the county.
Sec. 6. (a) If at any stage of a prosecution for a felony or a
misdemeanor the court makes a finding of ability to pay the costs
of representation under section 7 of this chapter, the court shall
require payment by the person or the person's parent, if the person
is a child alleged to be a delinquent child, of the following costs in
addition to other costs assessed against the person:
(1) Reasonable attorney's fees if an attorney has been
appointed for the person by the court.
(2) Costs incurred by the county as a result of court appointed
legal services rendered to the person.
(b) The clerk of the court shall deposit costs collected under this
section into the supplemental public defender services fund
established under section 1 of this chapter.
(c) A person ordered to pay any part of the costs of
representation under subsection (a) has the same rights and
protections as those of other judgment debtors under the
Constitution of the State of Indiana and under Indiana law.
(d) The sum of:
(1) the fee collected under IC 35-33-7-6;
(2) any amount assessed by the court under this section; and
(3) any amount ordered to be paid under IC 33-37-2-3;
may not exceed the cost of defense services rendered to the person.
Sec. 7. (a) If a defendant or a child alleged to be a delinquent
child is receiving publicly paid representation, the court shall
consider:
(1) the person's independently held assets and assets available
to the spouse of the person or the person's parent if the person
is unemancipated;
(2) the person's income;
(3) the person's liabilities; and
(4) the extent of the burden that payment of costs assessed
under section 6 of this chapter would impose on the person and
the dependents of the person.
(b) If, after considering the factors described in subsection (a),
the court determines that the person is able to pay the costs of
representation, the court shall enter a finding that the person is
able to pay those additional costs.
Sec. 8. An order for costs assessed under section 6 of this chapter
is a civil judgment subject to the exemptions allowed debtors under
IC 34-55-10-2. At any time after entry of the order, the defendant
may petition the court that has entered the order for relief from
payment. The court may release the defendant from payment of all
or a part of the payment required by the order if the court finds
that payment would impose a hardship upon the defendant or
dependents of the defendant.
Sec. 9. Fees assessed under section 6 of this chapter shall be
collected by the program providing court appointed legal services
in the county. These fees shall be deposited in the supplemental
public defender services fund established under section 1 of this
chapter.
Sec. 10. (a) In a county with a population of more than four
hundred thousand (400,000) and less than seven hundred thousand
(700,000) in which a county public defender service is not provided,
a supplemental public defender services fund must be established
in each city for providing funding for a public defender to
represent indigent defendants in a city court.
(b) Sections 2 through 9 of this chapter apply to the locally
established supplemental public defender services fund established
under subsection (a). However, funds otherwise required to be
delivered to the county fiscal officer for maintaining a
supplemental public defender services fund under this chapter
shall be deposited with the local fiscal officer.
Chapter 4. Public Defender Council
Sec. 1. As used in this chapter, "council" refers to the public
defender council of Indiana established by section 2 of this chapter.
indigent defendants at public expense.
(C) Determining conflicts of interest.
(D) Investigative, clerical, and other support services
necessary to provide adequate legal representation.
(2) Adopt guidelines and standards for indigent defense
services under which the counties will be eligible for
reimbursement under IC 33-40-6, including the following:
(A) Determining indigency and the eligibility for legal
representation.
(B) The issuance and enforcement of orders requiring the
defendant to pay for the costs of court appointed legal
representation under IC 33-40-3.
(C) The use and expenditure of funds in the county
supplemental public defender services fund established
under IC 33-40-3-1.
(D) Qualifications of attorneys to represent indigent
defendants at public expense.
(E) Compensation rates for salaried, contractual, and
assigned counsel.
(F) Minimum and maximum caseloads of public defender
offices and contract attorneys.
(3) Make recommendations concerning the delivery of indigent
defense services in Indiana.
(4) Make an annual report to the governor, the general
assembly, and the supreme court on the operation of the public
defense fund.
The report to the general assembly under subdivision (4) must be
in an electronic format under IC 5-14-6.
Sec. 5. The division of state court administration of the supreme
court shall provide general staff support to the commission. The
division of state court administration may enter into contracts for
any additional staff support that the division determines is
necessary to implement this section.
Chapter 6. Public Defense Fund
Sec. 1. The public defense fund is established to receive court
costs or other revenues for county reimbursement and
administrative expenses. The fund shall be administered by the
division of state court administration of the supreme court.
Sec. 2. The treasurer of state shall invest the money in the fund
not currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested.
Sec. 3. Money in the fund at the end of a fiscal year does not
revert to the state general fund.
Sec. 4. (a) A county auditor may submit on a quarterly basis a
certified request to the public defender commission for
reimbursement from the public defense fund for an amount equal
to fifty percent (50%) of the county's expenditures for indigent
defense services provided to a defendant against whom the death
sentence is sought under IC 35-50-2-9.
(b) A county auditor may submit on a quarterly basis a certified
request to the public defender commission for reimbursement from
the public defense fund for an amount equal to forty percent (40%)
of the county's expenditures for indigent defense services provided
in all noncapital cases except misdemeanors.
(c) A request under this section from a county described in
IC 33-40-7-1(3) may be limited to expenditures for indigent defense
services provided by a particular division of a court.
Sec. 5. (a) Except as provided under section 6 of this chapter,
upon certification by a county auditor and a determination by the
public defender commission that the request is in compliance with
the guidelines and standards set by the commission, the
commission shall quarterly authorize an amount of reimbursement
due the county:
(1) that is equal to fifty percent (50%) of the county's certified
expenditures for indigent defense services provided for a
defendant against whom the death sentence is sought under
IC 35-50-2-9; and
(2) that is equal to forty percent (40%) of the county's certified
expenditures for defense services provided in noncapital cases
except misdemeanors.
The division of state court administration shall then certify to the
auditor of state the amount of reimbursement owed to a county
under this chapter.
(b) Upon receiving certification from the division of state court
administration, the auditor of state shall issue a warrant to the
treasurer of state for disbursement to the county of the amount
certified.
Sec. 6. (a) If the public defense fund would be reduced below two
hundred fifty thousand dollars ($250,000) by payment in full of all
county reimbursement for net expenditures in noncapital cases that
is certified by the division of state court administration in any
quarter, the public defender commission shall suspend payment of
reimbursement to counties in noncapital cases until the next
semiannual deposit in the public defense fund. At the end of the
suspension period, the division of state court administration shall
certify all suspended reimbursement.
(b) If the public defense fund would be reduced below two
hundred fifty thousand dollars ($250,000) by payment in full of all
suspended reimbursement in noncapital cases, the amount certified
by the division of state court administration for each county
entitled to reimbursement shall be prorated.
Chapter 7. County Public Defender Boards
Sec. 1. This chapter does not apply to a county that:
(1) contains a consolidated city;
(2) has a population of:
(A) more than three hundred thousand (300,000) but less
than four hundred thousand (400,000);
(B) more than two hundred thousand (200,000) but less than
three hundred thousand (300,000); or
(C) more than one hundred seventy thousand (170,000) but
less than one hundred eighty thousand (180,000); or
(3) has a population of more than four hundred thousand
(400,000) but less than seven hundred thousand (700,000),
except as provided in sections 5 and 11 of this chapter.
Sec. 2. As used in this chapter, "board" refers to a board
established in an ordinance under section 3 of this chapter.
Sec. 3. (a) A county executive may adopt an ordinance
establishing a county public defender board consisting of three (3)
members. The county executive shall appoint one (1) member. The
judges who exercise felony or juvenile jurisdiction in the county
shall appoint by majority vote the other two (2) members.
(b) The members appointed by the judges may not be from the
same political party. The members must be persons who have
demonstrated an interest in high quality legal representation for
indigent persons. However, a member may not be a city, town, or
county attorney, a law enforcement officer, a judge, or a court
employee.
(c) Each member of the board serves a three (3) year term
beginning with the date of the member's appointment. A member
appointed to fill a vacancy holds office for the remainder of the
previous member's term. If a successor has not been appointed by
the end of a member's three (3) year term, the member continues
in office until the member's successor takes office.
(d) The members shall, by a majority vote, elect one (1) member
to serve as chairperson.
(e) Meetings shall be held at least quarterly and may be held at
other times during the year at the call of the:
(1) chairperson; or
(2) other two (2) members.
(f) A county executive may terminate the board by giving at least
ninety (90) days written notice to the judges described in
subsection (a).
Sec. 4. A member is entitled to reimbursement from the county
for traveling expenses and other expenses actually incurred in
connection with the member's duties to the same extent as is
provided to a state employee for traveling expenses and other
expenses under the state travel policies and procedures established
by the Indiana department of administration and approved by the
budget agency.
Sec. 5. (a) The board shall prepare a comprehensive plan that
must include at least one (1) of the following methods of providing
legal defense services to indigent persons:
(1) Establishing a county public defender's office.
(2) Contracting with an attorney, a group of attorneys, or a
private organization.
(3) Using an assigned counsel system of panel attorneys for
case by case appointments under section 9 of this chapter.
(4) In a county described in section 1(3) of this chapter,
establishing a public defender's office for the criminal division
of the superior court.
(b) The plan prepared under subsection (a) shall be submitted to
the Indiana public defender commission.
Sec. 6. (a) If a county public defender's office is established under
this chapter, the board shall do the following:
(1) Recommend to the county fiscal body an annual operating
budget for the county public defender's office.
(2) Appoint a county public defender.
(3) Submit an annual report to the county executive, the county
fiscal body, and the judges described in section 3 of this
chapter regarding the operation of the county public
defender's office, including information relating to caseloads
and expenditures.
(b) A county public defender shall be appointed for a term not to
exceed four (4) years and may be reappointed. The county public
defender may be removed from office only upon a showing of good
cause. An attorney must be admitted to the practice of law in
Indiana for at least two (2) years before the attorney is eligible for
appointment as a county public defender.
appointing counsel other than counsel provided for under the
board's plan for providing defense services to an indigent person
when the interests of justice require. A court may also appoint
counsel to assist counsel provided for under the board's plan as
co-counsel when the interests of justice require. Expenditures by
a county for defense services not provided under the county public
defender board's plan are not subject to reimbursement from the
public defense fund under IC 33-40-6.
(b) A judge of a court having criminal jurisdiction may make a
written request to the state public defender to provide a qualified
attorney for the defense of a person charged in the court with a
criminal offense and eligible for representation at public expense
if the judge determines:
(1) that an attorney provided under the county public defender
board's plan is not qualified or available to represent the
person; or
(2) that in the interests of justice an attorney other than the
attorney provided for by the county defender board's plan
should be appointed.
The judge shall attach to the request a copy of the information or
indictment. Expenditures for representation under this subsection
shall be paid by the county according to a fee schedule approved by
the commission. These expenditures are eligible for reimbursement
from the public defense fund.
Sec. 11. (a) A county public defender board shall submit a
written request for reimbursement to the county auditor. The
request must set forth the total of the county's expenditures for
indigent defense services to the county auditor and may be limited
in a county described in section 1(3) of this chapter to expenditures
for indigent defense services provided by a particular division of a
court. The county auditor shall review the request and certify the
total of the county's expenditures for indigent defense services to
the Indiana public defender commission.
(b) Upon certification by the Indiana public defender commission
that the county's indigent defense services meet the commission's
standards, the auditor of state shall issue a warrant to the
treasurer of state for disbursement to the county of a sum equal to
forty percent (40%) of the county's certified expenditures for
indigent defense services provided in noncapital cases except
misdemeanors.
(c) If a county's indigent defense services fail to meet the
standards adopted by the Indiana public defender commission, the
public defender commission shall notify the county public defender
board and the county fiscal body of the failure to comply with the
Indiana public defender commission's standards. Unless the county
public defender board corrects the deficiencies to comply with the
standards not more than ninety (90) days after the date of the
notice, the county's eligibility for reimbursement from the public
defense fund terminates at the close of that fiscal year.
Sec. 12. A county public defender, a contract attorney, or counsel
appointed by the court to provide legal defense services to indigent
persons may not be a partner or an employee at the same law firm
that employs the county's prosecuting attorney or a deputy
prosecuting attorney in a private capacity.
Chapter 8. Miscellaneous Legal Services for Indigents in
Criminal Actions
Sec. 1. The judge of any court having criminal jurisdiction,
except in those counties with a population of at least four hundred
thousand (400,000), may contract with any attorney or group of
attorneys admitted to practice law in Indiana to provide legal
counsel for all or some of the poor persons coming before the court
charged with the commission of a crime and not having sufficient
means to employ an attorney to defend themselves.
Sec. 2. A judge shall establish the fee to be paid to an attorney or
attorneys for providing service to poor people.
Sec. 3. A contract entered into under section 1 of this chapter
may be from year to year or for any length of time determined by
the judge.
Sec. 4. The county council of every county where the judge of any
court having criminal jurisdiction has contracted with an attorney
for legal services to the poor shall appropriate an amount sufficient
to meet the contract obligations of a court or courts for services to
the poor.
Sec. 5. An indigent person desiring to appeal to the supreme
court or the court of appeals the decision of a circuit court or
criminal court in criminal cases, and not having sufficient means
to procure the longhand manuscript or transcript of the evidence
taken in shorthand, by the order or permission of any court, the
court shall direct the shorthand reporter to transcribe the
shorthand notes of evidence into longhand, as soon as practicable,
and deliver the longhand manuscript or transcript to the indigent
person. However, the court must be satisfied that the indigent
person lacks sufficient means to pay the reporter for making the
longhand manuscript or transcript of evidence, and the reporter
may charge the compensation allowed by law in cases for making
and furnishing a longhand manuscript, which service of the
reporter shall be paid by the court from the proper county
treasury.
SECTION 20. IC 33-41 IS ADDED TO THE INDIANA CODE AS
A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2004]:
ARTICLE 41. COURT REPORTERS
Chapter 1. Powers and Duties
Sec. 1. (a) To facilitate and expedite the trial of causes, the judge
of each circuit, criminal, superior, probate, and juvenile court of
each county shall appoint an official reporter.
(b) The official reporter shall, when required by the recorder's
appointing judge, do the following:
(1) Be promptly present in the appointing judge's court.
(2) Record the oral evidence given in all causes, including both
questions and answers.
(3) Note all rulings of the judge concerning the admission and
rejection of evidence and the objections and exceptions to the
admission and rejection of evidence.
(4) Write out the instructions of the court in jury trials.
(c) In counties in which the circuit or probate court sits as a
juvenile court, the official reporter of the circuit court or probate
court, as the case may be:
(1) shall report the proceedings of the juvenile court as part of
the reporter's duties as reporter of the circuit or probate
court; and
(2) except as provided in subsection (d), may not receive
additional compensation for the reporter's services for
reporting the proceedings of the juvenile court.
(d) In counties in which a circuit court has juvenile jurisdiction
and where there is a juvenile referee and the circuit judge is the
judge of the juvenile court, the salary of the juvenile court reporter
is one hundred twenty-five dollars ($125) per month in addition to
any compensation the reporter receives as reporter of the circuit
court.
(e) The official reporters of juvenile courts shall:
(1) be paid the same amount for their services and in the same
manner;
(2) have the same duties; and
(3) be subject to the same restrictions;
as is provided for by law for the official reporters of the other
courts. However, in a county having a population of more than two
hundred fifty thousand (250,000), the judge of the juvenile court
may appoint court reporters as necessary for compliance with the
law in regard to the reporting of cases and facilitating and
expediting the trial of causes, each of whom is entitled to receive a
salary of at least three hundred dollars ($300) per month.
Sec. 2. (a) A person may not be considered ineligible to serve as
official reporter because of the person's gender.
(b) A judge may not appoint the judge's son or daughter as an
official reporter.
Sec. 3. At the time of appointment, an official reporter shall take
an oath before an officer empowered to administer oaths to
faithfully perform his or her duties as an official reporter.
Sec. 4. An official reporter may, at any time, be removed by the
judge of the court for which the reporter was appointed. In case of
a vacancy in the office of official reporter, the judge of the court in
which the vacancy occurs shall fill the vacancy as soon after its
occurrence as practicable.
Sec. 5. (a) If requested to do so, an official reporter shall furnish
to either party in a cause a transcript of all or any part of the
proceedings required by the reporter to be taken or noted,
including all documentary evidence.
(b) An official reporter shall furnish the transcript described in
subsection (a) written in a plain legible longhand or typewriting as
soon after being requested to do so as practicable.
(c) The reporter shall certify that the transcript contains all the
evidence given in the cause.
(d) The reporter may require payment for a transcript, or that
the payment be satisfactorily secured, before the reporter proceeds
to do the required work.
Sec. 6. (a) Every official circuit, superior, criminal, probate,
juvenile, and county court reporter appointed under section 1 of
this chapter or IC 33-30-7-2 may do the following:
(1) Take and certify all acknowledgments of deeds, mortgages,
or other instruments of writing required or authorized by law
to be acknowledged.
(2) Administer oaths generally.
(3) Take and certify affidavits, examinations, and depositions.
(4) Perform any duty conferred upon a notary public by
Indiana statutes.
(b) Any official reporter taking examinations and depositions
may:
state with the whole state being considered as one hundred
percent (100%).
Sec. 10. (a) The nine (9) classes of counties as set out in this
chapter are based on a unit factor system. The factors are
determined by the relation of the county to the state as established
and certified to each county auditor by the state board of accounts
not later than July 1 of each year. The factors are as follows:
(1) Population.
(2) Gross assessed valuation, as shown by the last preceding
gross assessed valuation, as certified by the various counties to
the auditor of state in the calendar year in which the
calculation is made.
(b) The factors for each of the nine (9) classes set out in this
chapter shall be obtained as follows:
(1) The population of each county shall be divided by the
population of the entire state.
(2) The gross assessed valuation of each county shall be divided
by the gross assessed valuation of the entire state.
(3) The results obtained in subdivisions (1) and (2) shall be
added together and the sum obtained for each county shall be
divided by two (2).
(4) The result obtained under subdivision (3), multiplied by one
hundred (100), determines the classification of each county
according to the following schedule:
public from the secretary of state. The secretary of state shall
prescribe a written application form on which a person may apply
for a commission as a notary public. The secretary of state may
provide an applicant with enhanced access (as defined in
IC 5-14-3-2) to an application form that may be completed and
submitted to the secretary of state by means of an electronic device.
IC 4-5-10 applies to an application form provided by enhanced
access under this section. The application form must include the
applicant's county of residence, oath of office, and official bond.
The application must also contain any additional information
necessary for the efficient administration of this chapter.
(d) The applicant must:
(1) personally appear with an application form before an
officer, authorized by law to administer oaths, who shall
administer an oath of office to the applicant; or
(2) certify on an application form under penalty of perjury that
the applicant will abide by the terms of the oath.
The secretary of state shall prescribe the manner in which an
applicant may complete a certification authorized under
subdivision (2).
(e) The applicant must secure an official bond, with freehold or
corporate security, to be approved by the secretary of state in the
sum of five thousand dollars ($5,000). The official bond must be
conditioned upon the faithful performance and discharge of the
duties of the office of notary public, in all things according to law,
for the use of any person injured by a breach of the condition. The
completed application must be forwarded to the secretary of state.
The secretary of state shall forward each commission issued by the
governor to the applicant or the applicant's surety company.
(f) The secretary of state shall charge and collect the following
fees:
(1) For each commission to notaries public, five dollars ($5).
(2) For each duplicate commission to notaries public, five
dollars ($5).
Sec. 2. (a) A notary public may not do any of the following:
(1) Use any other name or initial in signing acknowledgments,
other than that by which the notary has been commissioned.
(2) Acknowledge any instrument in which the notary's name
appears as a party to the transaction.
(3) Take the acknowledgment of or administer an oath to any
person whom the notary actually knows:
(A) has been adjudged mentally incompetent by a court; and
acknowledged; and
(3) administer oaths generally, and take and certify affidavits
and depositions.
Sec. 6. The official certificate of a notary public, attested by the
notary's seal, is presumptive evidence of the facts stated in cases
where, by law, the notary public is authorized to certify the facts.
Sec. 7. (a) A person who holds any lucrative office or
appointment under the United States or under this state, and
prohibited by the Constitution of the State of Indiana from holding
more than one (1) lucrative office, may not serve as a notary
public. If a person accepts a lucrative office or appointment, the
person shall vacate the person's appointment as a notary.
(b) Subsection (a) does not apply to a person who holds a
lucrative office or appointment under any civil or school city or
town of Indiana. A person who is a public official, or a deputy or
appointee acting for or serving under a public official, may not
make any charge for services as a notary public in connection with
any official business of that office, or of any other office in the
governmental unit in which the person serves unless the charges
are specifically authorized by a statute other than the statute that
establishes generally the fees and charges of notaries public.
Sec. 8. (a) Upon the request of the clerk of the circuit court of a
county, the secretary of state shall furnish to the clerk a list of all
commissioned notaries public residing in that county.
(b) If a notary public changes the notary's:
(1) name; or
(2) county of residence;
during the term of the notary's commission, the notary public shall
notify the secretary of state in writing of the change.
(c) The secretary of state shall process a revised commission to
reflect any change of name or county. A revised commission under
this subsection is valid for the unexpired term of the original
commission.
Sec. 9. (a) A notary, in addition to affixing the notary's name,
expiration date, and seal, shall:
(1) print or type the notary's name immediately beneath the
notary's signature on a certificate of acknowledgment, jurat,
or other official document, unless the notary's name appears:
(A) in printed form on the document; or
(B) as part of the notary's stamp in a form that is legible
when the document is photocopied; and
(2) indicate the notary's county of residence on the document.
and never seek to mislead the court or jury by any artifice or
false statement of fact or law.
(5) Maintain inviolate the confidence and, at every peril to the
attorney, to preserve the secrets of the attorney's client.
(6) Abstain from all offensive personality, and to advance no
fact prejudicial to the honor or reputation of a party or
witness, unless required by the justice of the cause with which
the attorney is charged.
(7) Not to encourage either the commencement or the
continuance of an action or proceeding from any motive of
passion or interest.
(8) Never to reject, from any consideration personal to the
attorney, the cause of the defenseless or oppressed.
(9) To promptly account to and pay over to a client any money
coming into the hands of the attorney to which the client is
lawfully entitled.
(10) To abstain from direct or indirect solicitation of
employment to institute, prosecute, or defend against any
claim, action, or cause of action.
Sec. 4. Until superseded by another attorney or discharged, an
attorney may do the following:
(1) Bind the attorney's client in an action or a special
proceeding, by the attorney's agreement that is either filed
with the clerk or entered upon the minutes of the court.
(2) Receive money claimed by the attorney's client during the
pendency of an action or a special proceeding.
(3) Discharge a claim or acknowledge satisfaction of a
judgment after the money claimed has been received under
subdivision (2).
Sec. 5. Unless the written authority of a party is first produced
and its execution is satisfactorily proved to the court, a judgment
may not be rendered against any party:
(1) upon the agreement of an attorney; or
(2) by default;
when the party has not been notified or personally entered an
appearance.
Sec. 6. The court or judge may:
(1) on motion of either party that shows reasonable grounds;
or
(2) without a motion;
require an attorney to produce and prove the authority under
which the attorney appears. The court may stay all proceedings by
the attorney on behalf of the party for whom the attorney assumes
to appear until the attorney produces and proves authority to
appear.
Sec. 7. If a party alleges that an attorney appears on behalf of the
party without the party's authority the court may, at any stage of
the proceedings, relieve the party from the consequences of the
attorney's act. The court may also, summarily or upon motion,
compel the attorney to repair the injury consequent upon the
attorney's assumption of authority.
Sec. 8. (a) An attorney who is guilty of deceit or collusion, or
consents to deceit or collusion, with intent to deceive a court, judge,
or party to an action or judicial proceeding commits a Class B
misdemeanor.
(b) A person who is injured by a violation of subsection (a) may
bring a civil action for treble damages.
Sec. 9. If, on request, an attorney refuses to deliver over money
or papers to a person from whom or for whom the attorney has
received them, in the course of the attorney's professional
employment, the attorney may be required, after reasonable notice,
on motion of any party aggrieved, by an order of the court in
which an action, if any, was prosecuted or if an action was not
prosecuted, by the order of any court of record, to deliver the
money or papers within a specified time, or show cause why the
attorney should not be punished for contempt.
Sec. 10. If an attorney has been ordered to deliver money or
papers under section 9 of this chapter, on a motion or in an action
brought by the aggrieved party, the court may take any of the
following actions:
(1) Suspend the attorney from practice in any of the courts of
Indiana, for any length of time, in the court's discretion.
(2) Enter judgment for the amount of money withheld,
deducting fees, if any are due, and costs paid by the attorney,
with ten percent (10%) damages, that may be enforced by
execution, without the benefit of stay or appraisement laws,
and returnable within thirty (30) days.
(3) Render any judgment and make any order with respect to
the papers or property withheld, that may be necessary to
enforce the right of the party aggrieved. The judgement or
order is subject to any liens the attorney has for fees.
Chapter 2. Prohibition on Practicing Law by Nonattorneys
Sec. 1. A person who:
(1) professes to be a practicing attorney;
Budget;
(B) is not more than one hundred fifty percent (150%) of the
current poverty threshold established by the United States
Office of Management and Budget; or
(C) satisfies the eligibility standard for Supplemental
Security Income or free services under the Older Americans
Act of 1965, as amended (42 U.S.C. 3001-3057) or
Developmentally Disabled Assistance and Bill of Rights Act
(42 U.S.C. 6000-6083).
Sec. 6. "Fee generating case" means a case or matter that, if
undertaken on behalf of an eligible client by an attorney in private
practice, reasonably would be expected to result in payment of a
fee for legal services from an award to a client from public funds
or from the opposing party. A case is not considered a fee
generating case if adequate representation is unavailable and if any
of the following circumstances exist concerning the case:
(1) The qualified legal services provider that represents the
indigent in the case has determined in good faith that free
referral is not possible for any of the following reasons:
(A) The case has been rejected by the lawyer referral service
serving the county of the eligible client's residence, or if there
is no such service, by two (2) attorneys in private practice
who have experience in the subject matter of the case.
(B) Neither the lawyer referral service described in clause
(A), if one exists, nor any attorney will consider the case
without payment of a consultation fee.
(C) The case is of a type that attorneys in private practice
ordinarily do not accept or do not accept without
prepayment of a fee.
(D) Emergency circumstances compel immediate action
before referral can be made, but the eligible client is advised
that, if appropriate and consistent with professional
responsibility, referral will be attempted at a later time.
(2) Recovery of damages is not the principal object of the case
and a request for damages is merely ancillary to an action for
equitable or other nonpecuniary relief, or inclusion of a
counterclaim requesting damages is necessary for effective
defense or because of applicable rules governing joinder of
counterclaims.
(3) A court has appointed a qualified legal services provider or
its employee to represent the indigent in the case under a
statute, a court rule, or practice of equal applicability to all
attorneys in the jurisdiction.
(4) The case involves the rights of a claimant under a publicly
supported benefit program for which entitlement is based on
need.
Sec. 7. "Fund" refers to the Indiana attorney trust account fund
established by IC 33-44-7-1.
Sec. 8. "Interest bearing attorney trust account" means an
account with a depository financial institution that is:
(1) unsegregated;
(2) interest bearing;
(3) for the deposit of qualified funds by an attorney; and
(4) capable of being drawn upon by the depositor in the same
manner as a checking account that is not interest bearing.
Sec. 9. (a) "Legal assistance" means direct representation by an
attorney of an eligible client in a civil matter pending in Indiana,
including counsel, litigation, research, coordination with pro bono
programs, support services, substantive and procedural training
for attorneys and paralegals in poverty law subjects, and any other
activity necessary to ensure the effective delivery of quality legal
services in a civil matter.
(b) The term does not include representation of an eligible client
in:
(1) criminal matters; or
(2) a fee generating case.
Sec. 10. "Qualified funds" means money received by an attorney
from a client or beneficial owner in a fiduciary capacity that, in the
good faith judgment of the attorney, is:
(1) of such an amount; or
(2) reasonably expected to be held for such a short term;
that sufficient interest income will not be generated to justify the
expense of administering a segregated account.
Sec. 11. "Qualified legal services provider" means a nonprofit
organization organized in Indiana and operating exclusively in
Indiana that, as its primary purpose and function, provides legal
assistance without charge to eligible clients in civil matters only.
Chapter 4. Indiana Attorney Trust Account Board
Sec. 1. The Indiana attorney trust account board is established.
Sec. 2. The board consists of eleven (11) members.
Sec. 3. The chief justice of the supreme court shall appoint six (6)
members to the board.
Sec. 4. The following officials shall each appoint one (1) member
to the board:
account if the attorney acted in accordance with a good faith
judgment that the money constituted qualified funds.
Chapter 6. Interest Bearing Attorney Trust Accounts
Sec. 1. If the depositor and depository financial institution agree,
a trust account that contains qualified funds held by an attorney
subject to this article may be made an interest bearing attorney
trust account.
Sec. 2. The terms and conditions of an interest bearing attorney
trust account, except as required under this chapter, shall be
determined by the depositor and the depository financial
institution. A depository financial institution is not required to
offer an interest bearing attorney trust account.
Sec. 3. The board owns the beneficial interest in the interest
accrued by an interest bearing attorney trust account of an
attorney who is subject to this article.
Sec. 4. Except for amounts deducted under terms or conditions
agreed upon under section 2 of this chapter, a depository financial
institution shall remit any interest earned on an interest bearing
attorney trust account to the board.
Sec. 5. A depository financial institution shall make the
remittance required under section 4 of this chapter not less
frequently than quarterly and not later than fifteen (15) days after
the end of the remittance period.
Sec. 6. A depository financial institution shall transmit a
statement to:
(1) the board; and
(2) the attorney who maintains the interest bearing attorney
trust account;
when the depository financial institution remits interest under
section 4 of this chapter.
Sec. 7. The statement described in section 6 of this chapter must
contain the following information:
(1) The name of the account.
(2) The amount of interest remitted from the account.
Sec. 8. A depository financial institution is not required to
determine or inquire whether a deposit includes qualified funds.
Sec. 9. The remittance of interest by a depository financial
institution to the board from an interest bearing attorney trust
account is a valid and sufficient release and discharge of a claim by
an entity against the depository financial institution for the
remittance.
Sec. 10. An entity may not maintain an action against a
depository financial institution solely for:
(1) offering, opening, or maintaining an interest bearing
attorney trust account;
(2) accepting funds for deposit in an interest bearing attorney
trust account; or
(3) remitting interest to the board.
Sec. 11. A paper, a record, a document, or other information
identifying an attorney, a client, or a beneficial owner of an interest
bearing attorney trust account is confidential.
Sec. 12. The board or a depository financial institution may not
disclose information described by section 11 of this chapter except:
(1) with the consent of the attorney maintaining the account;
or
(2) as permitted by:
(A) law; or
(B) rule adopted by the judicial department of state
government.
Chapter 7. Indiana Attorney Trust Account Fund
Sec. 1. The Indiana attorney trust account fund is established as
a trust fund to be used solely as provided under this article.
Sec. 2. The fund shall be administered by the board in
accordance with rules adopted under IC 4-22-2 by the board.
Sec. 3. The board shall deposit the interest remitted under
IC 33-44-6-4 into the fund.
Sec. 4. The money in the fund consists of public funds.
Sec. 5. The treasurer of state shall invest the money in the fund
not currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested. Interest that
accrues from these investments shall be deposited in the fund.
Sec. 6. Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
Sec. 7. For purposes of Indiana law, income received by the
board from the remittance of interest is not taxable to:
(1) the attorney maintaining the interest bearing attorney trust
account; or
(2) the client whose funds are deposited in the interest bearing
attorney trust account.
Sec. 8. The board may not disburse money in the fund except for:
(1) the delivery of civil legal assistance to eligible clients;
(2) programs or projects in the public interest that assist in the
improvement of the administration of justice; and
(3) administrative costs.
States Office of Management and Budget, as indicated in the most
current report published by the Bureau of the Census. However,
the board may use other considerations in making disbursements
from the fund when demonstrable legal needs are documented by
a qualified legal services provider.
Sec. 14. Total administrative costs, including payments to board
members under IC 33-44-4-11 and IC 33-44-4-12, costs for
employees under IC 33-44-8, and all other costs of managing and
administering the fund and otherwise performing all
responsibilities of the board, may not exceed fifteen percent (15%)
of the amounts received into the fund from interest bearing
attorney trust accounts.
Sec. 15. The state board of accounts shall conduct an audit of the
fund at least one (1) time during each year to ensure that the fund
is administered as required by this chapter. The state board of
accounts may conduct audits of qualified legal services providers,
law school clinics, and programs or projects in the public interest
that assist in the improvement of the administration of justice as
the state board of accounts considers necessary to ensure that the
money distributed to qualified legal services providers, law school
clinics, and programs or projects in the public interest that assist
in the improvement of the administration of justice is being used as
required by this article.
Chapter 8. Board Employees
Sec. 1. The board may appoint an executive director to carry out
this article.
Sec. 2. The executive director may:
(1) employ persons; or
(2) contract for services;
upon approval by the board.
Sec. 3. An employee of the board serves at the pleasure of the
board.
Chapter 9. Annual Report
Sec. 1. The board shall file a report with:
(1) the governor;
(2) the legislative council; and
(3) the chief justice of the supreme court;
before December 31 of each year. The report filed with the
legislative council must be in an electronic format under IC 5-14-6.
Sec. 2. The report filed under section 1 of this chapter must
include the following information for the annual period ending
June 30:
division of Indiana into service regions under IC 20-12-61-9.
(3) The department of commerce, for the distribution of money
from the following:
(A) The rural development fund under IC 4-4-9.
(B) The growth investment program fund under IC 4-4-20.
(4) The division of disability, aging, and rehabilitative services, for
establishing priorities for community residential facilities under
IC 12-11-1.1 and IC 12-28-4-12.
(5) The department of state revenue, for distribution of money from
the motor vehicle highway account fund under IC 8-14-1-3.
(6) The enterprise zone board, for the evaluation of enterprise zone
applications under IC 4-4-6.1.
(7) The alcohol and tobacco commission, for the issuance of
permits under IC 7.1.
(8) The Indiana library and historical board, for distribution of
money to eligible public library districts under IC 4-23-7.1-29.
(9) The state board of accounts, for calculating the state share of
salaries paid under IC 33-13-12, IC 33-14-7, and IC 33-15-26.
IC 33-38-5, IC 33-39-6, and IC 33-41-2.
SECTION 25. IC 3-5-7-6, AS ADDED BY P.L.202-1999, SECTION
1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2004]: Sec. 6. (a) This section does not apply to any of the following:
(1) A candidate in a presidential primary election under IC 3-8-3.
(2) A candidate for President of the United States.
(3) A candidate for Vice President of the United States.
(b) As used in this section, "candidacy document" refers to any of the
following:
(1) A declaration of intent to be a write-in candidate.
(2) A declaration of candidacy.
(3) A consent to the nomination.
(4) A consent to become a candidate.
(5) A certificate of candidate selection.
(6) A consent filed under IC 3-13-2-7.
(7) A statement filed under IC 33-2.1-2-6. IC 33-24-2 or
IC 33-25-2.
(c) Whenever a candidate files a candidacy document on which the
candidate uses a name that is different from the name set forth on the
candidate's voter registration record, the candidate's signature on the
candidacy document constitutes a request to the county voter
registration office that the name on the candidate's voter registration
record be the same as the name the candidate uses on the candidacy
document.
candidate for the office of judge of the 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.
SECTION 30. IC 3-8-1-29.5, AS AMENDED BY P.L.14-2000,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 29.5. (a) This section applies to a candidate for the
office of judge of a town court listed in IC 33-10.1-5-7(c).
IC 33-35-5-7(c).
(b) Before a candidate for the office of judge of the 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.
SECTION 31. IC 3-8-1-33 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2004]: Sec. 33. (a) A candidate for an office
listed in subsection (b) must file a statement of economic interests.
(b) Whenever a candidate for any of the following offices is also
required to file a declaration of candidacy or is nominated by petition,
the candidate shall file a statement of economic interests before filing
the declaration of candidacy or declaration of intent to be a write-in
candidate, before the petition of nomination is filed, before the
certificate of nomination is filed, or before being appointed to fill a
candidate vacancy under IC 3-13-1 or IC 3-13-2:
(1) Governor, lieutenant governor, secretary of state, auditor of
state, treasurer of state, attorney general, and state superintendent
of public instruction, in accordance with IC 4-2-6-8.
(2) Senator and representative in the general assembly, in
accordance with IC 2-2.1-3-2.
(3) Justice of the supreme court, clerk of the supreme court, judge
of the court of appeals, judge of the tax court, judge of a circuit
court, judge of a superior court, judge of a county court, judge of
a probate court, and prosecuting attorney, in accordance with
IC 33-2.1-8-6 and IC 33-2.1-8-7. IC 33-23-11-14 and
IC 33-23-11-15.
prescribed by IC 33-14, IC 33-39, the prosecuting attorney of each
circuit shall prosecute each resident of the circuit who the prosecutor
believes has violated IC 3-14-1-7, IC 3-14-1-10, IC 3-14-1-13,
IC 3-14-1-14, or IC 3-14-1-14.5 in any circuit of the state.
SECTION 46. IC 4-6-2-6 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2004]: Sec. 6. (a) The attorney general shall
ascertain the amounts paid to any person for court costs under
IC 33-19, IC 33-37, licenses, money unclaimed in estates or
guardianships, fines, penalties, or forfeitures, or monies that escheat to
the state under IC 29-1-2-1 or from any other source where the money
is required to be paid to the state or to any officer in trust for the state.
In all cases where an officer required to collect the money fails to do so
after the cause of action in favor of the state has accrued, or fails to sue
for and recover any property belonging to or which may escheat to the
state, the attorney general shall institute all necessary proceedings to
compel the payment of the money or recovery of the property. The
payment to or collection by the attorney general of any of the funds
does not render an officer liable to an action on the officer's bond by
any other officer or person.
(b) The officers having the custody of the money shall report to the
attorney general, upon oath or affirmation, all facts pertaining to it,
upon the attorney general's demand, in person, by deputy or assistants,
or in writing.
(c) An officer who fails to render the information upon demand
commits a Class C infraction.
SECTION 47. IC 4-21.5-5-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 13. (a) Within thirty
(30) days after the filing of the petition, or within further time allowed
by the court or by other law, the petitioner shall transmit to the court
the original or a certified copy of the agency record for judicial review
of the agency action, consisting of:
(1) any agency documents expressing the agency action;
(2) other documents identified by the agency as having been
considered by it before its action and used as a basis for its action;
and
(3) any other material described in this article as the agency record
for the type of agency action at issue, subject to this section.
(b) An extension of time in which to file the record shall be granted
by the court for good cause shown. Inability to obtain the record from
the responsible agency within the time permitted by this section is good
cause. Failure to file the record within the time permitted by this
subsection, including any extension period ordered by the court, is
cause for dismissal of the petition for review by the court, on its own
motion, or on petition of any party of record to the proceeding.
(c) Upon a written request by the petitioner, the agency taking the
action being reviewed shall prepare the agency record for the
petitioner. If part of the record has been preserved without a transcript,
the agency shall prepare a transcript for inclusion in the record
transmitted to the court, except for portions that the parties to the
judicial review proceeding stipulate to omit in accordance with
subsection (e).
(d) Notwithstanding IC 5-14-3-8, the agency shall charge the
petitioner with the reasonable cost of preparing any necessary copies
and transcripts for transmittal to the court, unless a person files with the
court, under oath and in writing, the statement described by
IC 33-19-3-2. IC 33-37-3-2.
(e) By stipulation of all parties to the review proceedings, the record
may be shortened, summarized, or organized.
(f) The court may tax the cost of preparing transcripts and copies for
the record:
(1) against a party to the judicial review proceeding who
unreasonably refuses to stipulate to shorten, summarize, or
organize the record; or
(2) in accordance with the rules governing civil actions in the
courts or other law.
(g) Additions to the record concerning evidence received under
section 12 of this chapter must be made as ordered by the court. The
court may require or permit subsequent corrections or additions to the
record.
SECTION 48. IC 5-2-1-13 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2004]: Sec. 13. (a) There is created a
continuing fund which shall be known as the law enforcement academy
building fund. The fund consists of amounts deposited under
IC 33-19-7-5. IC 33-37-7-9. This fund may be used by the board to
acquire for the state of Indiana land and interests in and to land, and to
construct upon such land a fully equipped law enforcement academy
to consist of classrooms, housing facilities, a cafeteria, firearms ranges,
a driving course, and other physical facilities which are deemed
necessary in the discretion of the board for the basic, inservice, and
advanced training of law enforcement officers in the skills and
techniques of law enforcement. Any balance of the fund that is
unexpended at the end of any fiscal year shall not revert to the general
fund but shall be carried forward as an appropriation for the next fiscal
year. Expenditures may be made by the board for, among other things,
all expenses required for land acquisition and transfer, including but
not limited to personal services, appraisers fees, and the cost of
acquiring any interest in land and the construction and maintenance of
improvements thereon. The budget agency may, with the approval of
the board and the governor, make allocations and transfers of funds
appropriated by the general assembly to state agencies having
jurisdiction and control over land acquired by the board for the
purposes stated herein, except that such allocations and transfers shall
not be made in the acquisition of land which has been declared surplus
land of the state pursuant to statute. The board is hereby further
authorized to acquire said land and law enforcement academy buildings
by gift, donation, bequest, devise, exchange, purchase, or eminent
domain, or other means. However, any money or proceeds from gifts,
bequests, grants, or other donations shall be deposited in a special
donation fund which is hereby established for the purposes outlined in
this section, for the use of the board to accomplish said purposes. No
part of said special donation fund shall revert to the general fund of the
state unless specified by the donor as a condition to his gift. All land
and academy buildings, however acquired, shall become the property
of the state.
(b) There is created a continuing fund which shall be known as the
law enforcement training fund. The fund consists of amounts deposited
under IC 33-19-7-5. IC 33-37-7-9. The board is further authorized to
accept gifts and grants of money, services, or property to supplement
the law enforcement training fund and to use the same for any purpose
consistent with the authorized uses of said fund. This fund may be used
by the board for the following purposes:
(1) Building and grounds maintenance for the law enforcement
academy.
(2) Training equipment and supplies necessary to operate the law
enforcement academy.
(3) Aid to approved law enforcement training schools certified as
having met or exceeded the minimum standards established by the
board.
(4) Personal services, as authorized by the board with the approval
of the governor.
(5) Any other purpose necessary to carry out the provisions of this
chapter, as determined by the board.
SECTION 49. IC 5-2-6.1-41 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 41. The fund consists
of amounts deposited under IC 33-19-7-5 IC 33-37-7-9 and
IC 35-50-5-3 and appropriations from the general assembly.
injunctions involving abuse.
(2) Guidelines for making felony and misdemeanor arrests in cases
involving abuse.
(3) Techniques for handling incidents of abuse that:
(A) minimize the likelihood of injury to the law enforcement
officer; and
(B) promote the safety of a victim.
(4) Information about the nature and extent of abuse.
(5) Information about the legal rights of and remedies available to
victims of abuse.
(6) How to document and collect evidence in an abuse case.
(7) The legal consequences of abuse.
(8) The impact on children of law enforcement intervention in
abuse cases.
(9) Services and facilities available to victims of abuse and
abusers.
(10) Verification of restraining orders, protective orders, temporary
injunctions, and permanent injunctions.
(11) Policies concerning arrest or release of suspects in abuse
cases.
(12) Emergency assistance to victims of abuse and criminal justice
options for victims of abuse.
(13) Landlord-tenant concerns in abuse cases.
(14) The taking of an abused child into protective custody.
(15) Assessment of a situation in which a child may be seriously
endangered if the child is left in the child's home.
(16) Assessment of a situation involving an endangered adult (as
defined in IC 12-10-3-2).
(17) Response to a sudden, unexpected infant death.
(i) A county law enforcement agency may enter into an agreement
with other law enforcement agencies to provide the continuing
education required by this section and section 2(f) of this chapter.
SECTION 51. IC 5-2-8-2, AS AMENDED BY P.L.1-2003,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 2. (a) As used in this section:
"Abuse" has the meaning set forth in section 1(a) of this chapter.
"City or town law enforcement agency" includes university police
officers appointed under IC 20-12-3.5.
(b) There is established in each city and in each town with a city or
town court a local law enforcement continuing education program. The
program is funded by amounts appropriated under IC 33-19-8-4
IC 33-37-8-4 and fees collected under IC 9-29-4-2, IC 9-29-11-1, and
IC 35-47-2-3.
(c) A city or town law enforcement agency receiving amounts based
upon claims for law enforcement continuing education funds under
IC 33-19-8-4 IC 33-37-8-4 or IC 33-19-8-6 IC 33-37-8-6 shall deposit
each fee collected into the local law enforcement continuing education
fund.
(d) Distribution of money in a local law enforcement continuing
education fund shall be made to a city or town law enforcement agency
without the necessity of first obtaining an appropriation from the fiscal
body of the city or town.
(e) To make a claim under IC 33-19-8-4 IC 33-37-8-4 a law
enforcement agency shall submit to the fiscal body a verified statement
of cause numbers for fees collected that are attributable to the law
enforcement efforts of that agency.
(f) A city or town law enforcement agency shall provide to each law
enforcement officer employed by the city or town law enforcement
agency continuing education concerning the following:
(1) Duties of a law enforcement officer in enforcing restraining
orders, protective orders, temporary injunctions, and permanent
injunctions involving abuse.
(2) Guidelines for making felony and misdemeanor arrests in cases
involving abuse.
(3) Techniques for handling incidents of abuse that:
(A) minimize the likelihood of injury to the law enforcement
officer; and
(B) promote the safety of a victim.
(4) Information about the nature and extent of abuse.
(5) Information about the legal rights of and remedies available to
victims of abuse.
(6) How to document and collect evidence in an abuse case.
(7) The legal consequences of abuse.
(8) The impact on children of law enforcement intervention in
abuse cases.
(9) Services and facilities available to victims of abuse and
abusers.
(10) Verification of restraining orders, protective orders, temporary
injunctions, and permanent injunctions.
(11) Policies concerning arrest or release of suspects in abuse
cases.
(12) Emergency assistance to victims of abuse and criminal justice
options for victims of abuse.
(13) Landlord-tenant concerns in abuse cases.
officer; and
(B) promote the safety of a victim.
(4) Information about the nature and extent of the abuse.
(5) Information about the legal rights of and remedies available to
victims of abuse.
(6) How to document and collect evidence in an abuse case.
(7) The legal consequences of abuse.
(8) The impact on children of law enforcement intervention in
abuse cases.
(9) Services and facilities available to victims of abuse and
abusers.
(10) Verification of restraining orders, protective orders, temporary
injunctions, and permanent injunctions.
(11) Policies concerning arrest or release of suspects in abuse
cases.
(12) Emergency assistance to victims of abuse and criminal justice
options for victims of abuse.
(13) Landlord-tenant concerns in abuse cases.
(14) The taking of an abused child into protective custody.
(15) Assessment of a situation in which a child may be seriously
endangered if the child is left in the child's home.
(16) Assessment of a situation involving an endangered adult (as
defined in IC 12-10-3-2).
(17) Response to a sudden, unexpected infant death.
The cost of providing continuing education under this subsection shall
be paid from money in the state police training fund.
SECTION 53. IC 5-2-8-7 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2004]: Sec. 7. (a) There is established the
conservation officers training fund. The department of natural
resources shall administer the fund. The fund consists of amounts
collected under IC 33-19-5-1(b)(4), IC 33-19-5-2(b)(3), and
IC 33-19-5-3(b)(4) IC 33-37-4-1(b)(4), IC 33-37-4-2(b)(3), and
IC 33-37-4-3(b)(4) on behalf of the department of natural resources.
(b) If the department of natural resources files a claim under
IC 33-19-8-4 IC 33-37-8-4 or IC 33-19-8-6 IC 33-37-8-6 against a city
or town user fee fund or a county user fee fund, the fiscal officer of the
city or town or the county auditor shall deposit fees collected under the
cause numbers submitted by the department of natural resources into
the conservation officers training fund established under this section.
(c) Claims against the conservation officers training fund must be
submitted in accordance with IC 5-11-10.
(d) Money in excess of one hundred dollars ($100) that is
unencumbered and remains in the conservation officers' training fund
for at least one (1) entire calendar year from the date of its deposit
shall, at the end of the state's fiscal year, be deposited in the law
enforcement training fund established under IC 5-2-1-13(b).
SECTION 54. IC 5-2-8-8, AS AMENDED BY P.L.204-2001,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 8. (a) There is established the alcoholic beverage
enforcement officers' training fund. The alcohol and tobacco
commission shall administer the fund. The fund consists of amounts
collected under IC 33-19-5-1(b)(4), IC 33-19-5-2(b)(3), and
IC 33-19-5-3(b)(4) IC 33-37-4-1(b)(4), IC 33-37-4-2(b)(3), and
IC 33-37-4-3(b)(4) on behalf of the alcohol and tobacco commission.
(b) If the alcohol and tobacco commission files a claim under
IC 33-19-8-4 IC 33-37-8-4 or IC 33-19-8-6 IC 33-37-8-6 against a city
or town user fee fund or a county user fee fund, the fiscal officer of the
city or town or the county auditor shall deposit fees collected under the
cause numbers submitted by the alcohol and tobacco commission into
the alcoholic beverage enforcement officers' training fund established
under this section.
(c) Claims against the alcoholic beverage enforcement officers'
training fund must be submitted in accordance with IC 5-11-10.
(d) Money in excess of one hundred dollars ($100) that is
unencumbered and remains in the alcoholic beverage enforcement
officers' training fund for at least one (1) entire calendar year from the
date of its deposit shall, at the end of the state's fiscal year, be deposited
in the law enforcement training fund established under IC 5-2-1-13(b).
SECTION 55. IC 5-2-10-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2004]: Sec. 2. The state drug free communities
fund is established to promote comprehensive alcohol and drug abuse
prevention initiatives by supplementing state and federal funding for
the coordination and provision of treatment, education, prevention, and
criminal justice efforts. The fund consists of amounts deposited:
(1) under IC 33-19-9-4; IC 33-37-9-4; and
(2) from any other public or private source.
SECTION 56. IC 5-2-10.1-2, AS AMENDED BY P.L.273-1999,
SECTION 220, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2004]: Sec. 2. (a) The Indiana safe schools fund
is established to do the following:
(1) Promote school safety through the:
(A) purchase of equipment for the detection of firearms and
other weapons;
(B) use of dogs trained to detect firearms, drugs, explosives, and
illegal substances; and
(C) purchase of other equipment and materials used to enhance
the safety of schools.
(2) Combat truancy.
(3) Provide matching grants to schools for school safe haven
programs.
(4) Provide grants for school safety and safety plans.
(b) The fund consists of amounts deposited:
(1) under IC 33-19-9-4; IC 33-37-9-4; and
(2) from any other public or private source.
(c) The institute shall determine grant recipients from the fund with
a priority on awarding grants in the following order:
(1) A grant for a safety plan.
(2) A safe haven grant requested under section 10 of this chapter.
(3) A safe haven grant requested under section 7 of this chapter.
(d) Upon recommendation of the council, the institute shall establish
a method for determining the maximum amount a grant recipient may
receive under this section.
SECTION 57. IC 5-2-11-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2004]: Sec. 2. A county drug free community
fund is established in each county to promote comprehensive local
alcohol and drug abuse prevention initiatives by supplementing local
funding for treatment, education, and criminal justice efforts. The fund
consists of amounts deposited under IC 33-19-7-1(c) and
IC 33-19-7-4(e). IC 33-37-7-1(c), IC 33-37-7-2(c), IC 33-37-7-7(e),
and IC 33-37-7-8(e).
SECTION 58. IC 5-4-1-20 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2004]: Sec. 20. (a) A person elected to the
office of prosecuting attorney shall execute an individual surety bond
for the faithful performance of the duties of the office. The amount of
the bond must be at least eight thousand five hundred dollars ($8,500).
(b) A person elected to the office of prosecuting attorney may not
take office until that person has filed a bond:
(1) in the office of the county recorder of the county in which the
person resides; and
(2) within ten (10) days after the bond is issued.
(c) The cost of a bond shall be paid by the county. For multiple
county judicial circuits, the cost shall be paid by each county in the
judicial circuit in the manner provided by IC 33-13-12-4. IC 33-38-5-3.
(d) A bond must be:
(1) executed by the person elected prosecuting attorney and one (1)
or more freehold sureties; and
corporation of a county as authorized under IC 16-12-21-27 (before
its repeal) or IC 16-22-8-34.
(13) Each pension plan provided by a city, town, or county housing
authority as authorized under IC 36-7.
(14) Each pension and retirement program adopted by a public
transportation corporation as authorized under IC 36-9.
(15) Each system of pensions and retirement benefits of a regional
transportation authority as authorized or required by IC 36-9.
(16) Each employee pension plan adopted by the board of an
airport authority under IC 8-22-3.
(17) The pension benefit paid for the national guard by the state as
established under IC 10-16-7.
(18) The pension fund allowed employees of the Wabash Valley
interstate commission as authorized under IC 13-5-1-3.
(19) Each system of pensions and retirement provided by a unit
under IC 36-1-3.
SECTION 64. IC 5-10-1.7-1, AS AMENDED BY P.L.2-2003,
SECTION 23, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 1. (a) The retirement plans covered by this chapter
are:
(1) The state excise police and conservation officers' retirement
plan, established under IC 5-10-5.5.
(2) The public employees' retirement fund, established under
IC 5-10.3-2.
(3) The trust fund and pension trust of the department of state
police, established under IC 10-12-2.
(4) The Indiana state teachers' retirement fund, established under
IC 21-6.1-2.
(5) The Indiana judges' retirement fund, established under
IC 33-13-8. IC 33-38-6.
(6) The police officers' and firefighters' pension and disability fund
established under IC 36-8-8-4.
(b) As used in this chapter:
"Board" means the board of trustees of a retirement plan covered by
this chapter.
SECTION 65. IC 5-10-8-1, AS AMENDED BY P.L.13-2001,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 1. The following definitions apply in this chapter:
(1) "Employee" means:
(A) an elected or appointed officer or official, or a full-time
employee;
(B) if the individual is employed by a school corporation, a
full-time or part-time employee;
(C) for a local unit public employer, a full-time or part-time
employee or a person who provides personal services to the unit
under contract during the contract period; or
(D) a senior judge appointed under IC 33-2-1-8; IC 33-24-3-7;
whose services have continued without interruption at least thirty
(30) days.
(2) "Group insurance" means any of the kinds of insurance
fulfilling the definitions and requirements of group insurance
contained in IC 27-1.
(3) "Insurance" means insurance upon or in relation to human life
in all its forms, including life insurance, health insurance,
disability insurance, accident insurance, hospitalization insurance,
surgery insurance, medical insurance, and supplemental medical
insurance.
(4) "Local unit" includes a city, town, county, township, public
library, or school corporation.
(5) "New traditional plan" means a self-insurance program
established under section 7(b) of this chapter to provide health care
coverage.
(6) "Public employer" means the state or a local unit, including any
board, commission, department, division, authority, institution,
establishment, facility, or governmental unit under the supervision
of either, having a payroll in relation to persons it immediately
employs, even if it is not a separate taxing unit. With respect to the
legislative branch of government, "public employer" or "employer"
refers to the following:
(A) The president pro tempore of the senate, with respect to
former members or employees of the senate.
(B) The speaker of the house, with respect to former members or
employees of the house of representatives.
(C) The legislative council, with respect to former employees of
the legislative services agency.
(7) "Public employer" does not include a state educational
institution (as defined under IC 20-12-0.5-1).
(8) "Retired employee" means:
(A) in the case of a public employer that participates in the
public employees' retirement fund, a former employee who
qualifies for a benefit under IC 5-10.3-8 or IC 5-10.2-4;
(B) in the case of a public employer that participates in the
teachers' retirement fund under IC 21-6.1, a former employee
who qualifies for a benefit under IC 21-6.1-5; and
commission, office, agency, court, or division of state government
receiving state appropriations and having the authority to certify
payrolls from appropriations or from a trust fund held by the
treasurer of state or by any department;
(6) employees of any state agency which is a body politic and
corporate;
(7) employees of the board of trustees of the public employees'
retirement fund;
(8) persons who:
(A) are employed by the state;
(B) have been classified as federal employees by the Secretary
of Agriculture of the United States; and
(C) are excluded from coverage as federal employees by the
federal Social Security program under 42 U.S.C. 410; and
(9) the directors and employees of county offices of family and
children.
SECTION 68. IC 5-10.3-7-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 2. The following
employees may not be members of the fund:
(1) Officials of a political subdivision elected by vote of the
people, unless the governing body specifically provides for the
participation of locally elected officials.
(2) Employees occupying positions normally requiring
performance of service of less than six hundred (600) hours during
a year who:
(A) were hired before July 1, 1982; or
(B) are employed by a participating school corporation.
(3) Independent contractors or officers or employees paid wholly
on a fee basis.
(4) Employees who occupy positions that are covered by other
pension or retirement funds or plans, maintained in whole or in
part by appropriations by the state or a political subdivision,
except:
(A) the federal Social Security program; and
(B) the prosecuting attorneys retirement fund created
established by IC 33-14-9. IC 33-39-7-9.
(5) Managers or employees of a license branch of the bureau of
motor vehicles commission, except those persons who may be
included as members under IC 9-16-4.
(6) Employees, except employees of a participating school
corporation, hired after June 30, 1982, occupying positions
normally requiring performance of service of less than one
thousand (1,000) hours during a year.
(7) Persons who:
(A) are employed by the state;
(B) have been classified as federal employees by the Secretary
of Agriculture of the United States; and
(C) are covered by the federal Social Security program as federal
employees under 42 U.S.C. 410.
(8) Members and employees of the state lottery commission.
SECTION 69. IC 6-1.1-4-32, AS AMENDED BY P.L.235-2003,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 32. (a) As used in this section, "contract" refers to
a contract entered into under this section.
(b) As used in this section, "contractor" refers to a firm that enters
into a contract with the department of local government finance under
this section.
(c) As used in this section, "qualifying county" means a county
having a population of more than four hundred thousand (400,000) but
less than seven hundred thousand (700,000).
(d) Notwithstanding sections 15 and 17 of this chapter, a township
assessor in a qualifying county may not appraise property, or have
property appraised, for the general reassessment of real property to be
completed for the March 1, 2002, assessment date. Completion of that
general reassessment in a qualifying county is instead governed by this
section. The only duty of:
(1) a township assessor in a qualifying county; or
(2) a county assessor of a qualifying county;
with respect to that general reassessment is to provide to the
department of local government finance or the department's contractor
under subsection (e) any support and information requested by the
department or the contractor. This subsection expires June 30, 2004.
(e) Subject to section 33 of this chapter, the department of local
government finance shall select and contract with a certified public
accounting firm with expertise in the appraisal of real property to
appraise property for the general reassessment of real property in a
qualifying county to be completed for the March 1, 2002, assessment
date. The department of local government finance may enter into
additional contracts to provide software or other auxiliary services to
be used for the appraisal of property for the general reassessment. The
contract applies for the appraisal of land and improvements with
respect to all classes of real property in the qualifying county. The
contract must include:
(1) a provision requiring the appraisal firm to:
completion of the work described in this subsection, the department
shall contract for completion of the work as promptly as possible under
IC 5-22-6. This subsection expires June 30, 2004.
(f) (d) At least one (1) time each month, the contractors that will
make physical visits to the site of real property for reassessment
purposes shall publish a notice under IC 5-3-1 describing the areas that
are scheduled to be visited within the next thirty (30) days and
explaining the purposes of the visit. The notice shall be published in a
way to promote understanding of the purposes of the visit in the
affected areas. After receiving the report of assessed values from the
appraisal firm acting under a contract described in subsection (e), the
department of local government finance shall give notice to the
taxpayer and the county assessor, by mail, of the amount of the
reassessment. The notice of reassessment:
(1) is subject to appeal by the taxpayer under section 34 of this
chapter; and
(2) must include a statement of the taxpayer's rights under sections
33 and 34 of this chapter.
(g) The department of local government finance shall mail the notice
required by subsection (f) within ninety (90) days after the department
receives the report for a parcel from the professional appraisal firm.
This subsection expires June 30, 2004.
(h) The qualifying county shall pay the cost of any contract under this
section which shall be without appropriation from the county property
reassessment fund. A contractor may periodically submit bills for
partial payment of work performed under a contract. However, the
maximum amount that the qualifying county is obligated to pay for all
contracts entered into under subsection (e) for the general reassessment
of real property in the qualifying county to be completed for the March
1, 2002, assessment date is twenty-five million five hundred thousand
dollars ($25,500,000). Notwithstanding any other law, a contractor is
entitled to payment under this subsection for work performed under a
contract if the contractor:
(1) submits, in the form required by IC 5-11-10-1, a fully itemized,
certified bill for the costs under the contract of the work performed
to the department of local government finance for review;
(2) obtains from the department of local government finance:
(A) approval of the form and amount of the bill; and
(B) a certification that the billed goods and services billed for
payment have been received and comply with the contract; and
(3) files with the county auditor of the qualifying county:
(A) a duplicate copy of the bill submitted to the department of
local government finance;
(B) the proof of approval provided by the department of local
government finance of the form and amount of the bill that was
approved; and
(C) the certification provided by the department of local
government finance that indicates that the goods and services
billed for payment have been received and comply with the
contract.
An approval and a certification under subdivision (2) shall be treated
as conclusively resolving the merits of the claim. Upon receipt of the
documentation described in subdivision (3), the county auditor shall
immediately certify that the bill is true and correct without further
audit, publish the claim as required by IC 36-2-6-3, and submit the
claim to the county executive of the qualifying county. The county
executive shall allow the claim, in full, as approved by the department
of local government finance without further examination of the merits
of the claim in a regular or special session that is held not less than
three (3) days and not more than seven (7) days after completion of the
publication requirements under IC 36-2-6-3. Upon allowance of the
claim by the county executive, the county auditor shall immediately
issue a warrant or check for the full amount of the claim approved by
the department of local government finance. Compliance with this
subsection shall be treated as compliance with section 28.5 of this
chapter, IC 5-11-6-1, IC 5-11-10, and IC 36-2-6. The determination and
payment of a claim in compliance with this subsection is not subject to
remonstrance and appeal. IC 36-2-6-4(f) and IC 36-2-6-9 do not apply
to a claim under this subsection. IC 5-11-10-1.6(d) applies to a fiscal
officer who pays a claim in compliance with this subsection. This
subsection expires June 30, 2004.
(i) (e) Notwithstanding IC 4-13-2, a period of seven (7) days is
permitted for each of the following to review and act under IC 4-13-2
on a contract of the department of local government finance under this
section:
(1) The commissioner of the Indiana department of administration.
(2) The director of the budget agency.
(3) The attorney general.
(4) The governor.
(j) (f) With respect to a general reassessment of real property to be
completed under section 4 of this chapter for an assessment date after
the March 1, 2002, assessment date, the department of local
government finance shall initiate a review with respect to the real
property in a qualifying county or a township in a qualifying county, or
a portion of the real property in a qualifying county or a township in a
qualifying county. The department of local government finance may
contract to have the review performed by an appraisal firm. The
department of local government finance or its contractor shall
determine for the real property under consideration and for the
qualifying county or township the variance between:
(1) the total assessed valuation of the real property within the
qualifying county or township; and
(2) the total assessed valuation that would result if the real property
within the qualifying county or township were valued in the
manner provided by law.
(k) (g) If:
(1) the variance determined under subsection (j) exceeds ten
percent (10%); and
(2) the department of local government finance determines after
holding hearings on the matter that a special reassessment should
be conducted;
the department shall contract for a special reassessment by an appraisal
firm to correct the valuation of the property.
(l) (h) If the variance determined under subsection (j) (f) is ten
percent (10%) or less, the department of local government finance shall
determine whether to correct the valuation of the property under:
(1) sections 9 and 10 of this chapter; or
(2) IC 6-1.1-14-10 and IC 6-1.1-14-11.
(m) (i) The department of local government finance shall give notice
by mail to a taxpayer of a hearing concerning the department's intent
to cause the taxpayer's property to be reassessed under this section. The
time fixed for the hearing must be at least ten (10) days after the day
the notice is mailed. The department of local government finance may
conduct a single hearing under this section with respect to multiple
properties. The notice must state:
(1) the time of the hearing;
(2) the location of the hearing; and
(3) that the purpose of the hearing is to hear taxpayers' comments
and objections with respect to the department of local government
finance's intent to reassess property under this chapter.
(n) (j) If the department of local government finance determines after
the hearing that property should be reassessed under this section, the
department shall:
(1) cause the property to be reassessed under this section;
(2) mail a certified notice of its final determination to the county
auditor of the qualifying county in which the property is located;
and
(3) notify the taxpayer by mail of its final determination.
(o) (k) A reassessment may be made under this section only if the
notice of the final determination under subsection (m) (i) is given to the
taxpayer within the same period prescribed in IC 6-1.1-9-3 or
IC 6-1.1-9-4.
(p) (l) If the department of local government finance contracts for a
special reassessment of property under this section, the qualifying
county shall pay the bill, without appropriation, from the county
property reassessment fund. A contractor may periodically submit bills
for partial payment of work performed under a contract.
Notwithstanding any other law, a contractor is entitled to payment
under this subsection for work performed under a contract if the
contractor:
(1) submits, in the form required by IC 5-11-10-1, a fully itemized,
certified bill for the costs under the contract of the work performed
to the department of local government finance for review;
(2) obtains from the department of local government finance:
(A) approval of the form and amount of the bill; and
(B) a certification that the billed goods and services billed for
payment have been received and comply with the contract; and
(3) files with the county auditor of the qualifying county:
(A) a duplicate copy of the bill submitted to the department of
local government finance;
(B) the proof of approval provided by the department of local
government finance of the form and amount of the bill that was
approved; and
(C) the certification provided by the department of local
government finance that indicates that the goods and services
billed for payment have been received and comply with the
contract.
An approval and a certification under subdivision (2) shall be treated
as conclusively resolving the merits of the claim. Upon receipt of the
documentation described in subdivision (3), the county auditor shall
immediately certify that the bill is true and correct without further
audit, publish the claim as required by IC 36-2-6-3, and submit the
claim to the county executive of the qualifying county. The county
executive shall allow the claim, in full, as approved by the department
of local government finance without further examination of the merits
of the claim in a regular or special session that is held not less than
three (3) days and not more than seven (7) days after completion of the
publication requirements under IC 36-2-6-3. Upon allowance of the
claim by the county executive, the county auditor shall immediately
issue a warrant or check for the full amount of the claim approved by
the department of local government finance. Compliance with this
subsection shall be treated as compliance with section 28.5 of this
chapter, IC 5-11-6-1, IC 5-11-10, and IC 36-2-6. The determination and
payment of a claim in compliance with this subsection is not subject to
remonstrance and appeal. IC 36-2-6-4(f) and IC 36-2-6-9 do not apply
to a claim under this subsection. IC 5-11-10-1.6(d) applies to a fiscal
officer who pays a claim in compliance with this subsection.
(q) (m) A qualifying official (as defined in IC 33-3-5-2.5(c))
IC 33-26-8-3) shall provide information requested in writing by the
department of local government finance or the department's contractor
under this section not later than seven (7) days after receipt of the
written request from the department or the contractor. If a qualifying
official (as defined in IC 33-3-5-2.5(c)) IC 33-26-8-3) fails to provide
the requested information within the time permitted in this subsection,
the department of local government finance or the department's
contractor may seek an order of the tax court under IC 33-3-5-2.5
IC 33-26-8 for production of the information.
(r) (n) The provisions of this section are severable in the manner
provided in IC 1-1-1-8(b).
(s) A contract entered into under subsection (e) is subject to this
subsection. A contractor shall use the land values determined for the
qualifying county under section 13.6 of this chapter to the extent that
the contractor finds that the land values reflect the true tax value of
land, as determined under the statutes and the rules of the department
of local government finance. If the contractor finds that the land values
determined for the qualifying county under section 13.6 of this chapter
do not reflect the true tax value of land, the contractor shall determine
land values for the qualifying county that reflect the true tax value of
land, as determined under the statutes and the rules of the department
of local government finance. The land values determined by the
contractor shall be used to the same extent as if the land values had
been determined under section 13.6 of this chapter. The contractor
shall notify the county assessor and the township assessors in the
qualifying county of the land values as modified under this subsection.
This subsection expires June 30, 2004.
(t) A contractor acting under a contract under subsection (e) may
notify the department of local government finance if:
(1) the county auditor fails to:
(A) certify the bill;
(B) publish the claim;
compliance with IC 5-11-10.This subsection expires June 30, 2004.
(y) IC 5-11-10-1.6(d) applies to the treasurer of state with respect to
the payment made in compliance with subsections (t) through (w). This
subsection and subsections (t) through (x) shall be interpreted liberally
so that the state shall, to the extent legally valid, ensure that the
contractual obligations of a county under this section are paid. Nothing
in this subsection or subsections (t) through (x) shall be construed to
create a debt of the state. This subsection expires June 30, 2004.
(z) (o) This section expires December 31, 2006.
SECTION 70. IC 6-1.1-8-36, AS AMENDED BY P.L.90-2002,
SECTION 82, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 36. (a) A public utility company shall pay any
taxes which are based upon the department of local government
finance's assessment of distributable property regardless of whether or
not an appeal of the assessment is pending. However, the collection of
the taxes may be enjoined pending an original tax appeal under
IC 33-3-5. IC 33-26.
(b) The department of local government finance shall reassess
distributable property and shall certify the reassessment to the county
auditor of each county in which the property is taxable if:
(1) the Indiana board:
(A) sets aside the department's original assessment and orders
the department to reassess the distributable property; or
(B) refers the matter to the department under section 32 of this
chapter with instructions to make another assessment; and
(2) the decision of:
(A) the Indiana board is not appealed to the tax court; or
(B) the tax court in which the matter was referred to the
department under section 32 of this chapter is not appealed to the
supreme court.
(c) If the tax court sets aside the Indiana board's final determination
and the Indiana board reassesses distributable property, the Indiana
board shall certify the reassessment to the county auditor of each
county in which the property is taxable if the decision of the tax court
is not appealed to the supreme court.
SECTION 71. IC 6-1.1-18.5-10.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 10.1. (a) The ad
valorem property tax levy limits imposed by section 3 of this chapter
do not apply to ad valorem property taxes imposed by a county, city, or
town to supplemental juror fees adopted under IC 33-19-1-4,
IC 33-37-10-1, to the extent provided in subsection (b).
(b) For purposes of determining the property tax levy limit imposed
on a county, city, or town under section 3 of this chapter, the county,
city, or town's ad valorem property tax levy for a calendar year does not
include an amount equal to:
(1) the average annual expenditures for nonsupplemental juror fees
under IC 33-19-1-4, IC 33-37-10-1, using the five (5) most recent
years for which expenditure amounts are available; multiplied by
(2) the percentage increase in juror fees that is attributable to
supplemental juror fees under the most recent ordinance adopted
under IC 33-19-1-4. IC 33-37-10-1.
SECTION 72. IC 6-8.1-3-17 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 17. (a) Before an
original tax appeal is filed with the tax court under IC 33-3-5,
IC 33-26, the commissioner may settle any tax liability dispute if a
substantial doubt exists as to:
(1) the constitutionality of the tax under the Constitution of the
State of Indiana;
(2) the right to impose the tax;
(3) the correct amount of tax due;
(4) the collectibility of the tax; or
(5) whether the taxpayer is a resident or nonresident of Indiana.
(b) After an original tax appeal is filed with the tax court under
IC 33-3-5, IC 33-26, and notwithstanding IC 4-6-2-11, the
commissioner may settle a tax liability dispute with an amount in
contention of twenty-five thousand dollars ($25,000) or less.
(c) Notwithstanding IC 6-8.1-7-1(a), the terms of a settlement under
subsection (b) are available for public inspection.
SECTION 73. IC 6-8.1-5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 1. (a) If the department
reasonably believes that a person has not reported the proper amount
of tax due, the department shall make a proposed assessment of the
amount of the unpaid tax on the basis of the best information available
to the department. The amount of the assessment is considered a tax
payment not made by the due date and is subject to IC 6-8.1-10
concerning the imposition of penalties and interest. The department
shall send the person a notice of the proposed assessment through the
United States mail.
(b) If the person has a surety bond guaranteeing payment of the tax
for which the proposed assessment is made, the department shall
furnish a copy of the proposed assessment to the surety. The notice of
proposed assessment is prima facie evidence that the department's
claim for the unpaid tax is valid. The burden of proving that the
proposed assessment is wrong rests with the person against whom the
proposed assessment is made.
(c) The notice shall state that the person has sixty (60) days from the
date the notice is mailed to pay the assessment or to file a written
protest. If the person files a protest and requires a hearing on the
protest, the department shall:
(1) set the hearing at the department's earliest convenient time; and
(2) notify the person by United States mail of the time, date, and
location of the hearing.
(d) The department may hold the hearing at the location of its choice
within Indiana if that location complies with IC 6-8.1-3-8.5.
(e) No later than sixty (60) days after conducting a hearing on a
protest, or after making a decision on a protest when no hearing is
requested, the department shall issue a letter of findings and shall send
a copy of the letter through the United States mail to the person who
filed the protest and to the person's surety, if the surety was notified of
the proposed assessment under subsection (a). The department may
continue the hearing until a later date if the taxpayer presents
additional information at the hearing or the taxpayer requests an
opportunity to present additional information after the hearing.
(f) A person that disagrees with a decision in a letter of finding may
request a rehearing not more than thirty (30) days after the date on
which the letter of finding is issued by the department. The department
shall consider the request and may grant the rehearing if the department
reasonably believes that a rehearing would be in the best interests of
the taxpayer and the state.
(g) If a person disagrees with a decision in a letter of finding, the
person may appeal the decision to the tax court. However, the tax court
does not have jurisdiction to hear an appeal that is filed more than one
hundred eighty (180) days after the date on which the letter of finding
is issued by the department.
(h) The tax court shall hear an appeal under subsection (g) de novo
and without a jury. The tax court may do the following:
(1) Uphold or deny any part of the assessment that is appealed.
(2) Assess the court costs in a manner that the court believes to be
equitable.
(3) Enjoin the collection of a listed tax under IC 33-3-5-11.
IC 33-26-6-2.
(i) The department shall demand payment, as provided in
IC 6-8.1-8-2(a), of any part of the proposed tax assessment, interest,
and penalties that it finds owing because:
(1) the person failed to properly respond within the sixty (60) day
period;
is occurring.
(b) The department may contract with the state police department or
local law enforcement agencies to hire off duty police officers to patrol
highway work zones. The duties of a police officer who is hired under
this section:
(1) are limited to those duties that the police officer normally
performs while on active duty; and
(2) do not include the duties of a:
(A) flagman; or
(B) security officer.
(c) The department shall use the money transferred to the department
under IC 33-19-9-4(6) IC 33-37-9-4(6) to pay the costs of hiring off
duty police officers to perform the duties described in subsection (b).
(d) All money transferred to the department under IC 33-19-9-4(6)
IC 33-37-9-4(6) is annually appropriated to pay off duty police officers
to perform the duties described in subsection (b).
SECTION 77. IC 9-27-2-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 11. (a) The alcohol and
drug countermeasures fund is established for the purpose of funding
the programs and activities developed and conducted under section
4(8) of this chapter. The fund shall be administered by the office. The
fund consists of deposits made under IC 33-19. IC 33-37.
(b) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested.
(c) Money in the fund at the end of a state fiscal year does not revert
to the state general fund.
(d) At least sixty percent (60%) of the money in the alcohol and drug
countermeasures fund shall be used to supplement law enforcement
agencies in their efforts to apprehend persons who operate vehicles
while intoxicated. Money received by a law enforcement agency from
the fund may not be used to replace other funding of law enforcement
services.
SECTION 78. IC 9-30-3-12, AS AMENDED BY P.L.225-1999,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 12. (a) If during any twelve (12) month period a
person has committed moving traffic violations for which the person
has:
(1) been convicted of at least two (2) traffic misdemeanors;
(2) had at least two (2) traffic judgments entered against the
person; or
(3) been convicted of at least one (1) traffic misdemeanor and has
had at least one (1) traffic judgment entered against the person;
the bureau may require the person to attend and satisfactorily complete
a defensive driving school program. The person shall pay all applicable
fees required by the bureau.
(b) This subsection applies to an individual who holds a probationary
license under IC 9-24-11-3 or is less than eighteen (18) years of age.
An individual is required to attend and satisfactorily complete a
defensive driving school program if either of the following occurs at
least twice or if both of the following have occurred:
(1) The individual has been convicted of a moving traffic offense
(as defined in section 14(a) of this chapter), other than an offense
that solely involves motor vehicle equipment.
(2) The individual has been the operator of a motor vehicle
involved in an accident for which a report is required to be filed
under IC 9-26-2.
The individual shall pay all applicable fees required by the bureau.
(c) The bureau may suspend the driving license of any person who:
(1) fails to attend a defensive driving school program; or
(2) fails to satisfactorily complete a defensive driving school
program;
as required by this section.
(d) Notwithstanding IC 33-19-5-2, IC 33-37-4-2, any court may
suspend one-half (1/2) of each applicable court cost for which a person
is liable due to a traffic violation if the person enrolls in and completes
a defensive driving school or a similar school conducted by an agency
of the state or local government.
SECTION 79. IC 9-30-9-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 10. The circuit court:
(1) shall administer the program established under section 2 of this
chapter;
(2) shall submit claims under IC 33-19-8-6 IC 33-37-8-6 for the
disbursement of funds; and
(3) may enter into contracts with individuals, firms, and
corporations to provide the treatment described by section 2 of this
chapter.
SECTION 80. IC 10-13-3-13, AS ADDED BY P.L.2-2003,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 13. As used in this chapter, "no contact order"
means an order that prohibits a person from having direct or indirect
contact with another person and that is issued under any of the
following:
(1) IC 31-32-13.
officers. The conference shall prescribe the qualifications for entrance
to the examination and establish a minimum passing score and rules for
the administration of the examination after obtaining recommendations
on these matters from the probation standards and practices advisory
committee. The examination must be offered at least once every other
month.
(d) The conference shall, by its rules, establish an effective date for
the minimum standards and written examination for probation officers.
(e) The conference shall provide probation departments with training
and technical assistance for:
(1) the implementation and management of probation case
classification; and
(2) the development and use of workload information.
The staff of the Indiana judicial center may include a probation case
management coordinator and probation case management assistant.
(f) The conference shall, in cooperation with the division of family
and children and the department of education, provide probation
departments with training and technical assistance relating to special
education services and programs that may be available for delinquent
children or children in need of services. The subjects addressed by the
training and technical assistance must include the following:
(1) Eligibility standards.
(2) Testing requirements and procedures.
(3) Procedures and requirements for placement in programs
provided by school corporations or special education cooperatives
under IC 20-1-6.
(4) Procedures and requirements for placement in residential
special education institutions or facilities under IC 20-1-6-19 and
511 IAC 7-12-5.
(5) Development and implementation of individual education
programs for eligible children in:
(A) accordance with applicable requirements of state and federal
laws and rules; and
(B) in coordination with:
(i) individual case plans; and
(ii) informal adjustment programs or dispositional decrees
entered by courts having juvenile jurisdiction under IC 31-34
and IC 31-37.
(6) Sources of federal, state, and local funding that is or may be
available to support special education programs for children for
whom proceedings have been initiated under IC 31-34 and
IC 31-37.
of the state in the effective administration of the plan and not the
interests of any other person. An attorney-client relationship is not
created with any other person by reason of an agreement or contract
with the bureau.
(e) At the time that an application for child support services is made,
the applicant must be informed that:
(1) an attorney who provides services for the child support bureau
is the attorney for the state and is not providing legal
representation to the applicant; and
(2) communications made by the applicant to the attorney and the
advice given by the attorney to the applicant are not confidential
communications protected by the privilege provided under
IC 34-46-3-1.
SECTION 84. IC 12-17-2-30 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 30. The director of the
division shall adopt the rules necessary to implement Title IV-D of the
federal Social Security Act and this chapter. The division shall send a
copy of each proposed or adopted rule to each member of the Indiana
child custody and support advisory committee established by
IC 33-2.1-10 IC 33-24-11-1 not later than ten (10) days after proposal
or adoption.
SECTION 85. IC 12-17-17-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 2. A county child
advocacy fund is established in each county for the purpose of assisting
the county in developing interdisciplinary responses to child abuse and
neglect situations. The fund consists of amounts deposited under
IC 33-19-7-1(d). IC 33-37-7-1(d) and IC 33-37-7-2(d).
SECTION 86. IC 12-18-5-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 6. The sources of the
fund include the following:
(1) Amounts deposited under IC 33-19-7-5. IC 33-37-7-9.
(2) Amounts distributed from the state user fee fund under
IC 33-19-9-4(a)(7). IC 33-37-9-4(a)(7).
SECTION 87. IC 12-23-14-13, AS AMENDED BY P.L.113-2001,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 13. (a) As used in this section, "board" refers to
the board of directors of the judicial conference of Indiana established
under IC 33-13-14-2. by IC 33-38-9-3.
(b) As used in this section, "effective date" means the date
established by the board after which minimum employment standards
will be are required for persons employed in court drug and alcohol
programs.
established by the board after which minimum employment standards
will be required for a person employed by a drug court.
(c) A drug court established under this chapter is subject to the
regulatory powers of the Indiana judicial center under IC 33-13-14-7.
IC 33-38-9-9.
(d) With regard to drug courts established under this chapter, the
Indiana judicial center may do the following:
(1) Ensure that drug courts comply with rules adopted under this
section and applicable federal regulations.
(2) Certify drug courts established under this chapter.
(3) Revoke the certification of a drug court upon a determination
that the drug court does not comply with rules adopted under this
section and applicable federal regulations.
(4) Make agreements and contracts with:
(A) another department, authority, or agency of the state;
(B) another state;
(C) the federal government;
(D) a state supported or private university; or
(E) a public or private agency;
to implement this chapter.
(5) Require as a condition of operation that each drug court created
or funded under this chapter be certified according to rules
established by the Indiana judicial center.
(6) Adopt rules to implement this chapter.
(e) The board shall adopt rules concerning standards, requirements,
and procedures for initial certification, recertification, and
decertification of drug courts.
(f) The board may adopt rules concerning educational and
occupational qualifications needed to be employed by a drug court;
however, any contract service provider must be licensed by the state or
approved by the judicial center. If the board adopts qualifications under
this subsection:
(1) the board shall establish an effective date after which a person
employed by a drug court must meet the minimum qualifications
adopted under this subsection; and
(2) the minimum employment qualifications adopted under this
subsection do not apply to a person who is employed:
(A) by a certified drug court before the effective date; or
(B) as administrative personnel.
(g) The board may delegate any of the functions described in
subsections (e) and (f) to the court alcohol and drug program advisory
committee or the Indiana judicial center.
may be used under this subdivision during a fiscal year may not
exceed the amount transferred on July 1 of that fiscal year under
IC 14-22-4-6.
(b) Money in the fund that is attributable to money deposited under
IC 33-19-7-5 IC 33-37-7-9 shall be used to administer the following:
(1) The turn in a poacher program established under IC 14-9-8-23.
(2) The reward system established under the program.
SECTION 96. IC 15-3-4.6-4.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 4.1. In addition to its
powers and duties in section 4 of this chapter, the weed control board
may establish a marijuana eradication program to eliminate and destroy
wild marijuana plants within the county. The program is funded by
amounts appropriated by the county under IC 33-19-8 IC 33-37-8 and
by amounts appropriated from the county general fund.
SECTION 97. IC 16-19-13-6, AS AMENDED BY P.L.1-2002,
SECTION 72, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 6. (a) As used in this section, "rape crisis center"
means an organization that provides a full continuum of services,
including hotlines, victim advocacy, and supportive services, from the
onset of need for services through the completion of healing, to victims
of sexual assault.
(b) The sexual assault victims assistance fund is established. The
office shall administer the fund to provide financial assistance to rape
crisis centers. Money in the fund must be distributed to a statewide
nonprofit corporation whose primary purpose is pursuing the
eradication of sexual violence in Indiana. The nonprofit corporation
shall allocate money in the fund among the rape crisis centers. The
fund consists of:
(1) amounts transferred to the fund from sexual assault victims
assistance fees collected under IC 33-19-6-21. IC 33-37-5-23.
(2) any appropriations to the fund from other sources;
(3) grants, gifts, and donations intended for deposit in the fund;
and
(4) interest that accrues from money in the fund.
(c) The expenses of administering the fund shall be paid from money
in the fund. The office shall designate not more than ten percent (10%)
of the appropriation made each year to the nonprofit corporation for
program administration.
(d) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested.
(e) Money in the fund at the end of a state fiscal year does not revert
to the state general fund.
SECTION 98. IC 25-1-2-8 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2004]: Sec. 8. This chapter applies to the
imposition and collection of fees under the following:
IC 14-24-10
IC 16-19-5-2
IC 25-30-1-17
IC 33-16-2-1.
IC 33-42-2-1.
SECTION 99. IC 25-18-1-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 6. (a) The clerk of the
circuit court, upon receiving an application for a license, shall examine
the application to determine if it is in due form. If the clerk shall be
satisfied that the application is in due form and that the proposed sale
is of the character which the applicant desires to advertise and conduct,
he the clerk shall issue a license to the applicant authorizing him to
advertise and conduct a sale of the particular kind mentioned in the
application upon the payment of a fee as provided in IC 33-17-14-3.
IC 33-32-5-2.
(b) Such license may be issued by the clerk in typewritten letter form
or in printed form addressed to the applicant, one (1) copy being
retained by the clerk, and shall set forth the following information and
statements:
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 9. (a) The probation
department for the juvenile court shall:
(1) collect the informal adjustment program fee set by section 8 of
this chapter; and
(2) transfer the collected informal adjustment program fees to the
county auditor not later than thirty (30) days after the fees are
collected.
(b) The county auditor shall deposit the fees in the county user fee
fund established by IC 33-19-8-5. IC 33-37-8-5.
SECTION 114. IC 31-37-9-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 9. The juvenile court
may order each child who participates in a program of informal
adjustment or the child's parents to pay an informal adjustment
program fee of:
(1) at least five dollars ($5); but
(2) not more than fifteen dollars ($15);
for each month that the child participates in the program instead of the
court cost fees prescribed by IC 33-19-5-3. IC 33-37-4-3.
SECTION 115. IC 31-37-9-10 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 10. (a) The probation
department for the juvenile court shall do the following:
(1) Collect the informal adjustment program fee set under section
9 of this chapter; and
(2) Transfer the collected informal adjustment program fees to the
county auditor not later than thirty (30) days after the fees are
collected.
(b) The county auditor shall deposit the fees in the county user fee
fund established by IC 33-19-8-5. IC 33-37-8-5.
SECTION 116. IC 31-40-2-1, AS AMENDED BY P.L.277-2003,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 1. (a) Subject to IC 31-40-1-3, a juvenile court
may order each delinquent child who receives supervision under
IC 31-37-19 or the child's parent, guardian, or custodian to pay to either
the probation department or the clerk of the court:
(1) an initial probation user's fee of at least twenty-five dollars
($25) but not more than one hundred dollars ($100);
(2) a probation user's fee of at least ten dollars ($10) but not more
than twenty-five dollars ($25) for each month the child receives
supervision; and
(3) an administrative fee of one hundred dollars ($100) if the
delinquent child is supervised by a juvenile probation officer.
(b) If a clerk of a court collects a probation user's fee, the clerk:
circuit, superior, or probate court of the county where the person
resides, upon payment of the fee required under IC 33-19-5-4.
IC 33-37-4-4.
SECTION 118. IC 32-29-7-3, AS ADDED BY P.L.2-2002,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 3. (a) In a proceeding for the foreclosure of a
mortgage executed on real estate, process may not issue for the
execution of a judgment or decree of sale for a period of three (3)
months after the filing of a complaint in the proceeding. However:
(1) the period shall be:
(A) twelve (12) months in a proceeding for the foreclosure of a
mortgage executed before January 1, 1958; and
(B) six (6) months in a proceeding for the foreclosure of a
mortgage executed after December 31, 1957, but before July 1,
1975; and
(2) if the court finds that the mortgaged real estate is residential
real estate and has been abandoned, a judgment or decree of sale
may be executed on the date the judgment of foreclosure or decree
of sale is entered, regardless of the date the mortgage is executed.
(b) A judgment and decree in a proceeding to foreclose a mortgage
that is entered by a court having jurisdiction may be filed with the clerk
in any county as provided in IC 33-17-2-3. IC 33-32-3-2. After the
period set forth in subsection (a) expires, a person who may enforce the
judgment and decree may file a praecipe with the clerk in any county
where the judgment and decree is filed, and the clerk shall promptly
issue and certify to the sheriff of that county a copy of the judgment
and decree under the seal of the court.
(c) Upon receiving a certified judgment under subsection (b), the
sheriff shall, subject to section 4 of this chapter, sell the mortgaged
premises or as much of the mortgaged premises as necessary to satisfy
the judgment, interest, and costs at public auction at the office of the
sheriff or at another location that is reasonably likely to attract higher
competitive bids. The sheriff shall schedule the date and time of the
sheriff's sale for a time certain between the hours of 10 a.m. and 4 p.m.
on any day of the week except Sunday.
(d) Before selling mortgaged property, the sheriff must advertise the
sale by publication once each week for three (3) successive weeks in
a daily or weekly newspaper of general circulation. The sheriff shall
publish the advertisement in at least one (1) newspaper published and
circulated in each county where the real estate is situated. The first
publication shall be made at least thirty (30) days before the date of
sale. At the time of placing the first advertisement by publication, the
sheriff shall also serve a copy of the written or printed notice of sale
upon each owner of the real estate. Service of the written notice shall
be made as provided in the Indiana Rules of Trial Procedure governing
service of process upon a person. The sheriff shall charge a fee of ten
dollars ($10) to one (1) owner and three dollars ($3) to each additional
owner for service of written notice under this subsection. The fee is:
(1) a cost of the proceeding;
(2) to be collected as other costs of the proceeding are collected;
and
(3) to be deposited in the county general fund for appropriation for
operating expenses of the sheriff's department.
(e) The sheriff also shall post written or printed notices of the sale in
at least three (3) public places in each township in which the real estate
is situated and at the door of the courthouse of each county in which
the real estate is located.
(f) If the sheriff is unable to procure the publication of a notice within
the county, the sheriff may dispense with publication. However, the
sheriff shall state that the sheriff was not able to procure the
publication and explain the reason why publication was not possible.
(g) Notices under subsections (d) and (e) must contain a statement,
for informational purposes only, of the location of each property by
street address, if any, or other common description of the property other
than legal description. A misstatement in the informational statement
under this subsection does not invalidate an otherwise valid sale.
SECTION 119. IC 32-29-7-6, AS ADDED BY P.L.2-2002,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 6. (a) If the mortgaged real estate is located in
more than one (1) county:
(1) the court of any county the mortgaged real estate is located in
has jurisdiction of an action for the foreclosure of the mortgage;
and
(2) all the real estate shall be sold in the county where the action
is brought, unless the court orders otherwise.
(b) A judgment and decree granted by a court or a judge in an action
for the foreclosure of the mortgaged real estate shall be recorded in the
lis pendens record kept in the office of the clerk of each county where
the real estate is located, unless the judgment and decree is filed with
the clerk in the county as provided in IC 33-17-2-3. IC 33-32-3-2.
SECTION 120. IC 34-7-4-2, AS AMENDED BY P.L.2-2002,
SECTION 90, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 2. Statutes outside IC 34 providing causes of
action or procedures include the following:
fee may not be collected if the petitioner is a resident of Indiana.
SECTION 123. IC 34-28-5-1, AS AMENDED BY P.L.98-2000,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 1. (a) An action to enforce a statute defining an
infraction shall be brought in the name of the state of Indiana by the
prosecuting attorney for the judicial circuit in which the infraction
allegedly took place. However, if the infraction allegedly took place on
a public highway (as defined in IC 9-25-2-4) that runs on and along a
common boundary shared by two (2) or more judicial circuits, a
prosecuting attorney for any judicial circuit sharing the common
boundary may bring the action.
(b) An action to enforce an ordinance shall be brought in the name
of the municipal corporation. The municipal corporation need not
prove that it or the ordinance is valid unless validity is controverted by
affidavit.
(c) Actions under this chapter (or IC 34-4-32 before its repeal):
(1) shall be conducted in accordance with the Indiana Rules of
Trial Procedure; and
(2) must be brought within two (2) years after the alleged conduct
or violation occurred.
(d) The plaintiff in an action under this chapter must prove the
commission of an infraction or ordinance violation by a preponderance
of the evidence.
(e) The complaint and summons described in IC 9-30-3-6 may be
used for any infraction or ordinance violation.
(f) The prosecuting attorney or the attorney for a municipal
corporation may establish a deferral program for deferring actions
brought under this section. Actions may be deferred under this section
if:
(1) the defendant in the action agrees to conditions of a deferral
program offered by the prosecuting attorney or the attorney for a
municipal corporation;
(2) the defendant in the action agrees to pay to the clerk of the
court an initial user's fee and monthly user's fee set by the
prosecuting attorney or the attorney for the municipal corporation
in accordance with IC 33-19-5-2(e); IC 33-37-4-2(e);
(3) the terms of the agreement are recorded in an instrument signed
by the defendant and the prosecuting attorney or the attorney for
the municipal corporation;
(4) the defendant in the action agrees to pay court costs of
twenty-five dollars ($25) to the clerk of court if the action involves
a moving traffic offense (as defined in IC 9-13-2-110); and
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 144. IC 33-2.1-4-16
IC 33-27-2-10 (Concerning a person or organization for providing
certain information, assistance, or testimony to the judicial nominating
commission).
SECTION 129. IC 34-30-2-144.5, AS ADDED BY P.L.98-2000,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 144.5. IC 33-17-1-4. IC 33-32-4-8 (Concerning
the personal liability of circuit court clerks for dishonored checks).
SECTION 130. IC 34-30-2-145 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 145. IC 33-20-5-8
IC 33-44-5-8 (Concerning an attorney for depositing money in an
interest-bearing attorney trust account).
SECTION 131. IC 34-30-2-146 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 146. IC 33-20-6-10
IC 33-44-6-10 (Concerning depository financial institutions for certain
actions concerning attorney trust accounts).
SECTION 132. IC 34-35-5-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 2. Expenses to be paid
under section 1 of this chapter include the following:
(1) The expense of keeping the prisoner, if any.
(2) The expense of transporting the prisoner to or from any penal
institution.
(3) Any extraordinary expense for safekeeping the prisoner.
(4) The fee set by the venue court under IC 33-9-11-5
IC 33-40-2-5 for pauper counsel, if counsel was appointed by that
court.
(5) The expense of any mileage, meals, lodging, and per diems
paid for or to jurors.
(6) The per diems paid jury commissioners for drawing any special
venire.
(7) The sum of five dollars ($5) for each day or part of a day a
bailiff is engaged in assisting the court in the trial of the cause.
(8) The sum of eight dollars ($8) for each day or part of a day an
official court reporter takes evidence or testimony before the judge
or jury concerning the cause.
(9) The sum of ten dollars ($10) per day for each day of trial for
use of facilities and utilities.
(10) The sum of five dollars ($5) for notifying the jury not to attend
court after having been summoned in any cause.
(11) The amount of telephone or telegraph communications made
by the court or authorized by it.
(12) The per diem allowed by law to the clerk of the court for
attending court.
SECTION 133. IC 34-35-5-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 3. If any of the amounts
specified in section 2 of this chapter are paid by any party against
whom costs are taxed under IC 33-19-4-3, IC 33-37-4-8, the amount
paid shall be refunded to the county of origin.
SECTION 134. IC 34-35-7-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 5. The clerks of the
courts issuing and recording the transcript shall tax as additional costs,
to be paid by the judgment debtor, the fees taxed in similar matters as
provided by IC 33-19. IC 33-37.
SECTION 135. IC 34-46-2-29 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 29. IC 33-2.1-5-3 and
IC 33-2.1-5-4 IC 33-38-13-10 and IC 33-38-13-11 (Concerning papers
filed with and testimony before the commission on judicial
qualifications).
SECTION 136. IC 34-46-2-30 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 30. IC 33-2.1-6-6 and
33-2.1-6-7 IC 33-38-14-12 and IC 33-38-14-13 (Concerning papers
filed with and testimony before the commission on judicial
qualifications).
SECTION 137. IC 34-46-2-30.4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 30.4. IC 33-5-40-53
IC 33-33-71-49 (Concerning papers filed and testimony before the
commission on judicial qualifications for St. Joseph Superior Court).
SECTION 138. IC 34-57-3-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 1. This chapter applies
to the following disputes:
(1) A criminal offense that a prosecuting attorney has referred to
a community dispute resolution center under a diversion program
under IC 33-14-1-7. IC 33-39-1-8.
(2) A civil action that has been filed and referred by the court to a
dispute resolution program for alternative dispute resolution under
IC 34-57-4 (or IC 34-4-2 before its repeal).
(3) Civil disputes that do not involve an insurance claim, in which
the parties voluntarily submit to community dispute resolution
without filing an action in court.
SECTION 139. IC 35-33-7-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 6. (a) Prior to the
completion of the initial hearing, the judicial officer shall determine
whether a person who requests assigned counsel is indigent. If the
person is found to be indigent, the judicial officer shall assign counsel
to him. the person.
(b) If jurisdiction over an indigent defendant is transferred to another
court, the receiving court shall assign counsel immediately upon
acquiring jurisdiction over the defendant.
(c) If the court finds that the person is able to pay part of the cost of
representation by the assigned counsel, the court shall order the person
to pay the following:
(1) For a felony action, a fee of one hundred dollars ($100).
(2) For a misdemeanor action, a fee of fifty dollars ($50).
The clerk of the court shall deposit fees collected under this subsection
in the county's supplemental public defender services fund established
under IC 33-9-11.5-1. IC 33-40-3-1.
(d) The court may review the finding of indigency at any time during
the proceedings.
SECTION 140. IC 35-33-8-3.2, AS AMENDED BY P.L.1-2003,
SECTION 91, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 3.2. (a) A court may admit a defendant to bail and
impose any of the following conditions to assure the defendant's
appearance at any stage of the legal proceedings, or, upon a showing
of clear and convincing evidence that the defendant poses a risk of
physical danger to another person or the community, to assure the
public's physical safety:
(1) Require the defendant to:
(A) execute a bail bond with sufficient solvent sureties;
(B) deposit cash or securities in an amount equal to the bail;
(C) execute a bond secured by real estate in the county, where
thirty-three hundredths (0.33) of the true tax value less
encumbrances is at least equal to the amount of the bail; or
(D) post a real estate bond.
(2) Require the defendant to execute a bail bond by depositing cash
or securities with the clerk of the court in an amount not less than
ten percent (10%) of the bail. If the defendant is convicted, the
court may retain all or a part of the cash or securities to pay fines,
costs, fees, and restitution, if ordered by the court. A portion of the
deposit, not to exceed ten percent (10%) of the monetary value of
the deposit or fifty dollars ($50), whichever is the lesser amount,
may be retained as an administrative fee. The clerk shall also retain
from the deposit under this subdivision the following:
(A) Fines, costs, fees, and restitution as ordered by the court.
(B) Publicly paid costs of representation that shall be disposed
of in accordance with subsection (b).
(C) In the event of the posting of a real estate bond, the bond
shall be used only to insure the presence of the defendant at any
stage of the legal proceedings, but shall not be foreclosed for the
payment of fines, costs, fees, or restitution.
The individual posting bail for the defendant or the defendant
admitted to bail under this subdivision must be notified by the
sheriff, court, or clerk that the defendant's deposit may be forfeited
under section 7 of this chapter or retained under subsection (b).
(3) Impose reasonable restrictions on the activities, movements,
associations, and residence of the defendant during the period of
release.
(4) Require the defendant to refrain from any direct or indirect
contact with an individual.
(5) Place the defendant under the reasonable supervision of a
probation officer or other appropriate public official.
(6) Release the defendant into the care of a qualified person or
organization responsible for supervising the defendant and
assisting the defendant in appearing in court. The supervisor shall
maintain reasonable contact with the defendant in order to assist
the defendant in making arrangements to appear in court and,
where appropriate, shall accompany the defendant to court. The
supervisor need not be financially responsible for the defendant.
(7) Release the defendant on personal recognizance unless:
(A) the state presents evidence relevant to a risk by the
defendant:
(i) of nonappearance; or
(ii) to the physical safety of the public; and
(B) the court finds by a preponderance of the evidence that the
risk exists.
(8) Impose any other reasonable restrictions designed to assure the
defendant's presence in court or the physical safety of another
person or the community.
(b) Within thirty (30) days after disposition of the charges against the
defendant, the court that admitted the defendant to bail shall order the
clerk to remit the amount of the deposit remaining under subsection
(a)(2) to the defendant. The portion of the deposit that is not remitted
to the defendant shall be deposited by the clerk in the supplemental
public defender services fund established under IC 33-9-11.5.
IC 33-40-3.
(c) For purposes of subsection (b), "disposition" occurs when the
indictment or information is dismissed, or the defendant is acquitted or
convicted of the charges.
(d) With the approval of the clerk of the court, the county sheriff may
collect the bail posted under this section. The county sheriff shall remit
the bail to the clerk of the court by the following business day.
(e) When a court imposes a condition of bail described in subsection
(a)(4):
(1) the clerk of the court shall comply with IC 5-2-9; and
(2) the prosecuting attorney shall file a confidential form
prescribed or approved by the division of state court administration
with the clerk.
SECTION 141. IC 35-33-8-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 5. (a) Upon a showing
of good cause, the state or the defendant may be granted an alteration
or revocation of bail by application to the court before which the
proceeding is pending. In reviewing a motion for alteration or
revocation of bail, credible hearsay evidence is admissible to establish
good cause.
(b) When the state presents additional:
(1) evidence relevant to a high risk of nonappearance, based on the
factors set forth in section 4(b) of this chapter; or
(2) clear and convincing evidence:
(A) of the factors described in IC 33-14-10-6(1)(A) and
IC 33-14-10-6(1)(B); IC 35-40-6-6(1)(A) and
IC 35-40-6-6(1)(B); or
(B) that the defendant otherwise poses a risk to the physical
safety of another person or the community;
the court may increase bail.
(c) When the defendant presents additional evidence of substantial
mitigating factors, based on the factors set forth in section 4(b) of this
chapter, which reasonably suggests that the defendant recognizes the
court's authority to bring him the defendant to trial, the court may
reduce bail. However, the court may not reduce bail if the court finds
by clear and convincing evidence that the factors described in
IC 33-14-10-6(1)(A) and IC 33-14-10-6(1)(B) IC 35-40-6-6(1)(A) and
IC 35-40-6-6(1)(B) exist or that the defendant otherwise poses a risk
to the physical safety of another person or the community.
(d) The court may revoke bail or an order for release on personal
recognizance upon clear and convincing proof by the state that:
(1) while admitted to bail the defendant:
(A) or his the defendant's agent threatened or intimidated a
victim, prospective witnesses, or jurors concerning the pending
criminal proceeding or any other matter;
(B) or his the defendant's agent attempted to conceal or destroy
evidence relating to the pending criminal proceeding;
adopted by the supreme court. Notwithstanding IC 33-2.1-2-2(d),
IC 33-25-1-5, the chief judge of the court of appeals shall assign these
cases for review to a district other than the district where the circuit or
superior court that granted the warrant is located.
(b) In the review, the court of appeals shall review the reasons for the
issuance of the warrant and determine whether the requirements of this
article have been met.
(c) The court of appeals may affirm, modify, or overrule the order of
the court to which the application was made. The court of appeals may
not increase the authority for interception beyond that requested in the
application.
(d) A warrant must be stayed until the court of appeals completes the
review.
(e) Issuance of an extension is not subject to automatic review under
this section.
SECTION 144. IC 35-34-2-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 3. (a) The jurors on a
grand jury and one (1) alternate shall be drawn, selected, and
impaneled by the procedure set out in IC 33-4-5, IC 33-4-5.5, or
IC 33-4-5.6. IC 33-28-4 or IC 33-28-6.
(b) Whenever the court finds that the original panel was not selected
in substantial conformity with the requirements of law for the selection
of the panel, the court shall discharge the panel and summon another
panel.
(c) Whenever the court finds that a grand juror:
(1) is disqualified from service under law;
(2) is incapable of performing the juror's duties because of bias or
prejudice;
(3) is guilty of misconduct in the performance of the juror's duties
that might impair the proper functioning of the grand jury;
(4) is under the age of eighteen (18) years;
(5) is not a resident of the county;
(6) is an alien;
(7) is a mentally incompetent person;
(8) is a witness for the prosecution;
(9) has such a state of mind in reference to a target that the juror
cannot act impartially and without prejudice to the substantial
rights of that person;
(10) holds a juror's place on the grand jury by reason of the
corruption of the officer who selected and impaneled the grand
jury; or
(11) has requested or otherwise caused any officer or an officer's
deputy to place the juror upon the grand jury;
the court shall refuse to swear that grand juror or, if the juror has been
sworn, shall discharge that grand juror and swear another grand juror.
(d) After a grand jury has been impaneled, the court that called the
grand jury shall appoint one (1) of the grand jurors as foreman and one
(1) as clerk. During any absence of the foreman or clerk, the grand jury
shall select one (1) of their number to act as foreman or clerk. The clerk
shall keep minutes of the grand jury proceedings. The court shall
supply a means for recording the evidence presented before the grand
jury and all of the other proceedings that occur before the grand jury,
except for the deliberations and voting of the grand jury and other
discussions when the members of the grand jury are the only persons
present in the grand jury room. The evidence and proceedings shall be
recorded in the same manner as evidence and proceedings are recorded
in the court that impaneled the grand jury. When ordered by the court,
a transcript or a copy of the recording shall be prepared and supplied
to the requesting party. If the transcript is supplied, it shall be at the
cost of the party requesting it. If a copy of the recording is supplied, the
party requesting it is responsible for the actual cost of reproduction. If
a transcript has already been prepared, the requesting party is
responsible for the actual cost of obtaining the copy. If the court finds
the requesting party is an indigent defendant, the cost of the transcript
or copy of the recording supplied to the defendant shall be paid by the
county.
(e) The following oath must be administered to the grand jury:
"You, and each of you, do solemnly swear or affirm that you will
diligently inquire and make true presentment of all offenses
committed or triable within this county, of which you have or can
obtain legal evidence; that you will present no person through
malice, hatred, ill will, nor leave any unpresented through fear,
favor, or affection, or for any reward, or the promise or hope
thereof, but in all your indictments you will present the truth, the
whole truth, and nothing but the truth; that you will not disclose
any evidence given or proceeding had before the grand jury; that
you will keep secret whatever you or any other grand juror may
have said or in what manner you or any other grand juror may have
voted on a matter before the grand jury.".
(f) The court shall provide a printed copy of the provisions of this
chapter to the grand jury upon the request of any member of the grand
jury. In addition, the court shall give the grand jurors any instructions
relating to the proper performance of their duties that the court
considers necessary.
The trial court to which the case was venued may remove from the case
the pauper counsel furnished by the original trial court, and:
(1) request the original trial court to furnish another pauper
counsel;
(2) appoint pauper counsel of its choice; or
(3) request the public defender of the state of Indiana to provide
counsel under IC 33-9-11. IC 33-40-2.
(c) The original trial court shall determine the amount of the fee and
the expenses incurred by the pauper counsel and shall order the
appropriate reimbursement to be paid to him by the county in which the
prosecution originated. The fees and expenses of a public defender
appointed under IC 33-9-11 IC 33-40-2 shall be paid in accordance
with that chapter.
SECTION 148. IC 35-37-5-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 4. (a) If a judge of a
court of record in any state which has made provision for the
commanding of persons within that state to attend and testify in this
state certifies under the seal of the court that:
(1) there is a criminal prosecution pending in the court, or that a
grand jury investigation has commenced or is about to commence;
(2) a person being within this state is a material witness in the
prosecution or grand jury investigation; and
(3) the person's presence will be required for a specified number
of days;
upon presentation of the certificate to a judge of a court of record with
jurisdiction to try felony cases in the county in which the person is
located, the judge shall fix a time and place for a hearing, and shall
make an order directing the witness to appear at a time and place
certain for the hearing.
(b) If at the hearing the judge determines that:
(1) the witness is material and necessary;
(2) it will not cause undue hardship to the witness to be compelled
to attend and testify in the prosecution or a grand jury investigation
in the other state; and
(3) the laws of the state in which the prosecution is pending, or
grand jury investigation has commenced or is about to commence,
will give to the person protection from arrest, and the service of
civil and criminal process;
the judge shall issue a subpoena, with a copy of the certificate attached,
directing the witness to attend and testify in the court where the
prosecution is pending, or where a grand jury investigation has
commenced or is about to commence at a time and place specified in
the subpoena. In any hearing the certificate is prima facie evidence of
all the facts stated in it.
(c) If the certificate recommends that the witness be taken into
immediate custody and delivered to an officer of the requesting state
to assure the attendance of the witness in the requesting state, the judge
may, in lieu of notification of the hearing, direct that the witness be
immediately brought before the judge for the hearing. If the judge is
satisfied of the desirability of the custody and delivery, the judge may,
in lieu of issuing a subpoena, order that the witness be immediately
taken into custody and delivered to an officer of the requesting state.
For this determination, the certificate is prima facie proof of such
desirability.
(d) If a witness subpoenaed as provided in this section is paid or
tendered a sum for expenses and fails without good cause to attend and
testify as directed in the subpoena, the witness shall be punished in the
manner provided for the punishment of any witness who disobeys a
subpoena issued from a court of record in this state.
(e) The amount of the payment for expenses under subsection (d) of
this section and section 4(b) of this chapter is set out in IC 33-19-1-5.
IC 33-37-10-2.
SECTION 149. IC 35-37-5-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 5. (a) If a person in any
state that has made provision for commanding persons within its
borders to attend and testify in criminal prosecutions in this state or
grand jury investigations commenced or about to commence in this
state is a material witness in a prosecution pending in a court of record
in this state or in a grand jury investigation which has commenced or
is about to commence in this state, a judge of the court may issue a
certificate under the seal of the court stating these facts and specifying
the number of days the witness will be required. This certificate shall
be presented to a judge of a court of record in the county of the state in
which the witness is found.
(b) If the witness is summoned to attend and testify in this state, the
witness shall be tendered a sum for expenses equal to the amount
provided under IC 33-19-1-5. IC 33-37-10-2. The fees shall be a
proper charge upon the county in which the criminal prosecution or
grand jury investigation is pending.
(c) A witness who has appeared in accordance with the provisions of
the subpoena shall not be required to remain within this state for a
longer period of time than the period mentioned in the certificate,
unless otherwise ordered by the court.
(d) If the witness fails without good cause to attend and testify as
directed in the subpoena, the witness shall be punished in the manner
provided for the punishment of any witness who disobeys a subpoena
issued from a court of record in this state.
SECTION 150. IC 35-38-2-1, AS AMENDED BY P.L.277-2003,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 1. (a) Whenever it places a person on probation,
the court shall:
(1) specify in the record the conditions of the probation; and
(2) advise the person that if the person violates a condition of
probation during the probationary period, a petition to revoke
probation may be filed before the earlier of the following:
(A) One (1) year after the termination of probation.
(B) Forty-five (45) days after the state receives notice of the
violation.
(b) In addition, if the person was convicted of a felony and is placed
on probation, the court shall order the person to pay to the probation
department the user's fee prescribed under subsection (c). If the person
was convicted of a misdemeanor, the court may order the person to pay
the user's fee prescribed under subsection (d). The court may:
(1) modify the conditions (except a fee payment may only be
modified as provided in section 1.7(b) of this chapter); or
(2) terminate the probation;
at any time. If the person commits an additional crime, the court may
revoke the probation.
(c) If a clerk of a court collects a probation user's fee, the clerk:
(1) may keep not more than three percent (3%) of the fee to defray
the administrative costs of collecting the fee and shall deposit any
fee kept under this subsection in the clerk's record perpetuation
fund established under IC 33-19-6-1.5; IC 33-37-5-2; and
(2) if requested to do so by the county auditor, city fiscal officer,
or town fiscal officer under clause (A), (B), or (C), transfer not
more than three percent (3%) of the fee to the:
(A) county auditor, who shall deposit the money transferred
under this subdivision into the county general fund;
(B) city general fund when requested by the city fiscal officer; or
(C) town general fund when requested by the town fiscal officer.
(d) In addition to any other conditions of probation, the court shall
order each person convicted of a felony to pay:
(1) not less than twenty-five dollars ($25) nor more than one
hundred dollars ($100) as an initial probation user's fee;
(2) a monthly probation user's fee of not less than fifteen dollars
($15) nor more than thirty dollars ($30) for each month that the
person remains on probation;
(3) the costs of the laboratory test or series of tests to detect and
confirm the presence of the human immunodeficiency virus (HIV)
antigen or antibodies to the human immunodeficiency virus (HIV)
if such tests are required by the court under section 2.3 of this
chapter;
(4) an alcohol abuse deterrent fee and a medical fee set by the
court under IC 9-30-9-8, if the court has referred the defendant to
an alcohol abuse deterrent program; and
(5) an administrative fee of one hundred dollars ($100);
to either the probation department or the clerk.
(e) In addition to any other conditions of probation, the court may
order each person convicted of a misdemeanor to pay:
(1) not more than a fifty dollar ($50) initial probation user's fee;
(2) a monthly probation user's fee of not less than ten dollars ($10)
nor more than twenty dollars ($20) for each month that the person
remains on probation;
(3) the costs of the laboratory test or series of tests to detect and
confirm the presence of the human immunodeficiency virus (HIV)
antigen or antibodies to the human immunodeficiency virus (HIV)
if such tests are required by the court under section 2.3 of this
chapter; and
(4) an administrative fee of fifty dollars ($50);
to either the probation department or the clerk.
(f) The probation department or clerk shall collect the administrative
fees under subsections (d)(5) and (e)(4) before collecting any other fee
under subsection (d) or (e). All money collected by the probation
department or the clerk under this section shall be transferred to the
county treasurer who shall deposit the money into the county
supplemental adult probation services fund. The fiscal body of the
county shall appropriate money from the county supplemental adult
probation services fund:
(1) to the county, superior, circuit, or municipal court of the county
that provides probation services to adults to supplement adult
probation services; and
(2) to supplement the salaries of probation officers in accordance
with the schedule adopted by the county fiscal body under
IC 36-2-16.5.
(g) The probation department or clerk shall collect the administrative
fee under subsection (e)(4) before collecting any other fee under
subsection (e). All money collected by the probation department or the
clerk of a city or town court under this section shall be transferred to
the fiscal officer of the city or town for deposit into the local
supplemental adult probation services fund. The fiscal body of the city
or town shall appropriate money from the local supplemental adult
probation services fund to the city or town court of the city or town for
the court's use in providing probation services to adults or for the
court's use for other purposes as may be appropriated by the fiscal
body. Money may be appropriated under this subsection only to those
city or town courts that have an adult probation services program. If a
city or town court does not have such a program, the money collected
by the probation department must be transferred and appropriated as
provided under subsection (f).
(h) Except as provided in subsection (j), the county or local
supplemental adult probation services fund may be used only to
supplement probation services and to supplement salaries for probation
officers. A supplemental probation services fund may not be used to
replace other funding of probation services. Any money remaining in
the fund at the end of the year does not revert to any other fund but
continues in the county or local supplemental adult probation services
fund.
(i) A person placed on probation for more than one (1) crime:
(1) may be required to pay more than one (1) initial probation
user's fee; and
(2) may not be required to pay more than one (1) monthly
probation user's fee per month;
to the probation department or the clerk.
(j) This subsection applies to a city or town located in a county
having a population of more than one hundred eighty-two thousand
seven hundred ninety (182,790) but less than two hundred thousand
(200,000). Any money remaining in the local supplemental adult
probation services fund at the end of the local fiscal year may be
appropriated by the city or town fiscal body to the city or town court for
use by the court for purposes determined by the fiscal body.
(k) In addition to other methods of payment allowed by law, a
probation department may accept payment of fees required under this
section and section 1.5 of this chapter by credit card (as defined in
IC 14-11-1-7). The liability for payment is not discharged until the
probation department receives payment or credit from the institution
responsible for making the payment or credit.
(l) The probation department may contract with a bank or credit card
vendor for acceptance of bank or credit cards. However, if there is a
vendor transaction charge or discount fee, whether billed to the
probation department or charged directly to the probation department's
account, the probation department may collect a credit card service fee
from the person using the bank or credit card. The fee collected under
this subsection is a permitted additional charge to the money the
probation department is required to collect under subsection (d) or (e).
(m) The probation department shall forward the credit card service
fees collected under subsection (l) to the county treasurer or city or
town fiscal officer in accordance with subsection (f) or (g). These funds
may be used without appropriation to pay the transaction charge or
discount fee charged by the bank or credit card vendor.
SECTION 151. IC 35-38-2-2.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2004]: Sec. 2.1. As a condition of
probation for a person who is found to have:
(1) committed an offense under IC 9-30-5; or
(2) been adjudicated a delinquent for an act that would be an
offense under IC 9-30-5, if committed by an adult;
the court shall require the person to pay the alcohol and drug
countermeasures fee under IC 33-19. IC 33-37.
SECTION 152. IC 35-38-2-3, AS AMENDED BY P.L.166-2001,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 3. (a) The court may revoke a person's probation
if:
(1) the person has violated a condition of probation during the
probationary period; and
(2) the petition to revoke probation is filed during the probationary
period or before the earlier of the following:
(A) One (1) year after the termination of probation.
(B) Forty-five (45) days after the state receives notice of the
violation.
(b) When a petition is filed charging a violation of a condition of
probation, the court may:
(1) order a summons to be issued to the person to appear; or
(2) order a warrant for the person's arrest if there is a risk of the
person's fleeing the jurisdiction or causing harm to others.
(c) The issuance of a summons or warrant tolls the period of
probation until the final determination of the charge.
(d) The court shall conduct a hearing concerning the alleged
violation. The court may admit the person to bail pending the hearing.
(e) The state must prove the violation by a preponderance of the
evidence. The evidence shall be presented in open court. The person is
entitled to confrontation, cross-examination, and representation by
counsel.
(f) Probation may not be revoked for failure to comply with
conditions of a sentence that imposes financial obligations on the
person unless the person recklessly, knowingly, or intentionally fails to
pay.
(g) If the court finds that the person has violated a condition at any
time before termination of the period, and the petition to revoke is filed
within the probationary period, the court may:
(1) continue the person on probation, with or without modifying or
enlarging the conditions;
(2) extend the person's probationary period for not more than one
(1) year beyond the original probationary period; or
(3) order execution of the sentence that was suspended at the time
of initial sentencing.
(h) If the court finds that the person has violated a condition of home
detention at any time before termination of the period, and the petition
to revoke probation is filed within the probationary period, the court
shall:
(1) order a sanction as set forth in subsection (g); and
(2) provide credit for time served as set forth under IC 35-38-2.5-5.
(i) If the court finds that the person has violated a condition during
any time before the termination of the period, and the petition is filed
under subsection (a) after the probationary period has expired, the court
may:
(1) reinstate the person's probationary period, with or without
enlarging the conditions, if the sum of the length of the original
probationary period and the reinstated probationary period does not
exceed the length of the maximum sentence allowable for the
offense that is the basis of the probation; or
(2) order execution of the sentence that was suspended at the time
of the initial sentencing.
(j) If the court finds that the person has violated a condition of home
detention during any time before termination of the period, and the
petition is filed under subsection (a) after the probation period has
expired, the court shall:
(1) order a sanction as set forth in subsection (i); and
(2) provide credit for time served as set forth under IC 35-38-2.5-5.
(k) A judgment revoking probation is a final appealable order.
(l) Failure to pay fines or costs required as a condition of probation
may not be the sole basis for commitment to the department of
correction.
(m) Failure to pay fees or costs assessed against a person under
IC 33-9-11.5-6, IC 33-19-2-3(c), IC 33-40-3-6, IC 33-37-2-3(c), or
IC 35-33-7-6 is not grounds for revocation of probation.
right to possess a firearm has been restored under IC 3-7-13-5 or
IC 33-4-5-7. IC 33-28-4-8.
SECTION 157. IC 35-50-5-3, AS AMENDED BY P.L.88-2002,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]: Sec. 3. (a) Except as provided in subsection (i), in
addition to any sentence imposed under this article for a felony or
misdemeanor, the court may, as a condition of probation or without
placing the person on probation, order the person to make restitution
to the victim of the crime, the victim's estate, or the family of a victim
who is deceased. The court shall base its restitution order upon a
consideration of:
(1) property damages of the victim incurred as a result of the
crime, based on the actual cost of repair (or replacement if repair
is inappropriate);
(2) medical and hospital costs incurred by the victim (before the
date of sentencing) as a result of the crime;
(3) the cost of medical laboratory tests to determine if the crime
has caused the victim to contract a disease or other medical
condition;
(4) earnings lost by the victim (before the date of sentencing) as a
result of the crime including earnings lost while the victim was
hospitalized or participating in the investigation or trial of the
crime; and
(5) funeral, burial, or cremation costs incurred by the family or
estate of a homicide victim as a result of the crime.
(b) A restitution order under subsection (a) or (i) is a judgment lien
that:
(1) attaches to the property of the person subject to the order;
(2) may be perfected;
(3) may be enforced to satisfy any payment that is delinquent under
the restitution order by the person in whose favor the order is
issued or the person's assignee; and
(4) expires;
in the same manner as a judgment lien created in a civil proceeding.
(c) When a restitution order is issued under subsection (a), the
issuing court may order the person to pay the restitution, or part of the
restitution, directly to the victim services division of the Indiana
criminal justice institute in an amount not exceeding:
(1) the amount of the award, if any, paid to the victim under
IC 5-2-6.1; and
(2) the cost of the reimbursements, if any, for emergency services
provided to the victim under IC 16-10-1.5 (before its repeal) or
IC 16-21-8.
The victim services division of the Indiana criminal justice institute
shall deposit the restitution received under this subsection in the
violent crime victims compensation fund established by IC 5-2-6.1-40.
(d) When a restitution order is issued under subsection (a) or (i), the
issuing court shall send a certified copy of the order to the clerk of the
circuit court in the county where the felony or misdemeanor charge was
filed. The restitution order must include the following information:
(1) The name and address of the person that is to receive the
restitution.
(2) The amount of restitution the person is to receive.
Upon receiving the order, the clerk shall enter and index the order in
the circuit court judgment docket in the manner prescribed by
IC 33-17-2-3. IC 33-32-3-2. The clerk shall also notify the department
of insurance of an order of restitution under subsection (i).
(e) An order of restitution under subsection (a) or (i) does not bar a
civil action for:
(1) damages that the court did not require the person to pay to the
victim under the restitution order but arise from an injury or
property damage that is the basis of restitution ordered by the
court; and
(2) other damages suffered by the victim.
(f) Regardless of whether restitution is required under subsection (a)
as a condition of probation or other sentence, the restitution order is not
discharged by the completion of any probationary period or other
sentence imposed for a felony or misdemeanor.
(g) A restitution order under subsection (a) or (i) is not discharged by
the liquidation of a person's estate by a receiver under IC 32-30-5 (or
IC 34-48-1, IC 34-48-4, IC 34-48-5, IC 34-48-6, IC 34-1-12, or
IC 34-2-7 before their repeal).
(h) The attorney general may pursue restitution ordered by the court
under subsections (a) and (c) on behalf of the victim services division
of the Indiana criminal justice institute established under IC 5-2-6-8.
(i) The court may order the person convicted of an offense under
IC 35-43-9 to make restitution to the victim of the crime. The court
shall base its restitution order upon a consideration of the amount of
money that the convicted person converted, misappropriated, or
received, or for which the convicted person conspired. The restitution
order issued for a violation of IC 35-43-9 must comply with
subsections (b), (d), (e), and (g), and is not discharged by the
completion of any probationary period or other sentence imposed for
a violation of IC 35-43-9.
the surveyor who serves as an ex officio member of the joint board.
(b) A petition for judicial review under subsection (a) must be filed
within twenty (20) days after:
(1) the date of publication of notice by the board that the order or
determination has been made; or
(2) the order or determination was served on the person seeking the
judicial review, if the order was served on that person.
(c) A copy of the petition shall be served on the board within five (5)
days after the petition is filed. If the order or determination arose in a
proceeding initiated by petition for the construction of a new drain
under section 54 of this chapter, a copy shall also be served on the
attorney for the petitioner, unless the petitioner is the person seeking
the judicial review. Service under this subsection:
(1) is sufficient to bring the board and any petitioner for a new
drain into court;
(2) may be made on the board by serving a copy of the petition on
the county surveyor personally or by leaving it at the surveyor's
official office; and
(3) may be made on the attorney for the petitioner by serving a
copy of the petition on the attorney personally or by leaving a copy
of it at the attorney's address as set forth in the petition.
(d) Within twenty (20) days after receipt of notice that any person has
filed a petition for review, the board shall prepare a certified copy of
the transcript of the proceedings before the board and file it with the
clerk of the court. The petitioner shall pay the cost of preparing this
transcript. An extension of time in which to file the transcript shall be
granted by the court upon a showing of good cause.
(e) On the filing of a petition for review, the clerk of the court shall
docket the cause in the name of petitioner and against the board. The
issues shall be considered closed by denial of all matters at issue
without the necessity of filing any further pleadings.
(f) When the owners of less than ten percent (10%) of the affected
lands petition for judicial review, issues not triable de novo do not
operate to stay work unless an appeal bond is posted.
SECTION 164. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2004]: IC 33-1; IC 33-2; IC 33-2.1; IC 33-3; IC 33-4; IC 33-5;
IC 33-5.1; IC 33-6; IC 33-8; IC 33-9; IC 33-10.1; IC 33-10.5;
IC 33-11.6; IC 33-12; IC 33-13; IC 33-14; IC 33-15; IC 33-16;
IC 33-17; IC 33-19; IC 33-20; IC 33-21.