Reprinted
April 5, 2005
ENGROSSED
HOUSE BILL No. 1141
_____
DIGEST OF HB 1141
(Updated April 4, 2005 2:15 pm - DI 58)
Citations Affected: IC 33-33; noncode.
Synopsis: Superior Courts. Creates one new superior court in
Dearborn County, DeKalb County, Hamilton County, Howard County,
and Montgomery County and creates two new superior courts in
Hendricks County. Adds an eighth judge to the Monroe circuit court
on January 1, 2006 and a ninth judge to the Monroe circuit court on
January 1, 2008. Provides that the new superior courts in Dearborn
County, DeKalb County, and Montgomery County are created on
January 1, 2006, the new superior court in Howard county is created on
January 6, 2006, and the new courts in Hendricks County and Hamilton
County are created on January 1, 2007. Allows the existing superior
courts in Hendricks County to appoint a magistrate to serve until
January 1, 2007. Abolishes the DeKalb County small claims referee.
Makes the superior courts in Howard County standard superior courts.
Effective: July 1, 2005.
Brown T, Thompson, Kuzman
(SENATE SPONSORS _ HARRISON, BRAY, DROZDA)
January 6, 2005, read first time and referred to Committee on Courts and Criminal Code.
January 27, 2005, amended, reported _ Do Pass.
January 31, 2005, read second time, ordered engrossed. Engrossed.
February 1, 2005, read third time, passed. Yeas 93, nays 1.
SENATE ACTION
February 14, 2005, read first time and referred to Committee on Judiciary.
March 17, 2005, amended, reported favorably _ Do Pass; pursuant to Senate Rule 65(b)
reassigned to Committee on Appropriations.
March 31, 2005, amended, reported favorably _ Do Pass.
April 4, 2005, read second time, amended, ordered engrossed.
Reprinted
April 5, 2005
First Regular Session 114th General Assembly (2005)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
this style type. Also, the
word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2004 Regular Session of the General Assembly.
ENGROSSED
HOUSE BILL No. 1141
A BILL FOR AN ACT to amend the Indiana Code concerning
courts and court officers.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 33-33-15-2; (05)EH1141.3.1. -->
SECTION 1. IC 33-33-15-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. (a) There is are
established a court two (2) courts of record to be known as the:
(1) Dearborn superior court No. 1; and
(2) Dearborn superior court No. 2.
(b) The Each Dearborn superior court is a standard superior court
as described in IC 33-29-1.
(c) Dearborn County comprises the judicial district of the each
superior court.
SOURCE: IC 33-33-15-3; (05)EH1141.3.2. -->
SECTION 2. IC 33-33-15-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. The Each Dearborn
superior court has one (1) judge who shall hold sessions in:
(1) the Dearborn County courthouse in Lawrenceburg; or in
(2) other places in the county as the Dearborn County executive
may provide.
SOURCE: IC 33-33-15-4; (05)EH1141.3.3. -->
SECTION 3. IC 33-33-15-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 4. In addition to a
bailiff and an official court reporter for the court appointed under
IC 33-29-1-5, the each judge may appoint a referee, a commissioner,
or other personnel as the judge considers necessary to facilitate and
transact the business of the court. The salary of a referee, a
commissioner, or other person:
(1) shall be fixed in the same manner as the salaries of the
personnel for the Dearborn circuit court; and
(2) shall be paid monthly out of the treasury of Dearborn County
as provided by law.
Personnel appointed under this section or IC 33-29-1-5 continue in
office until removed by the judge of the court for which the personnel
were appointed.
SOURCE: IC 33-33-15-5; (05)EH1141.3.4. -->
SECTION 4. IC 33-33-15-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 5. (a) Except as
provided in subsection (b), the each Dearborn superior court has the
same jurisdiction as the Dearborn circuit court.
(b) The Dearborn circuit court has exclusive juvenile jurisdiction.
SOURCE: IC 33-33-15-6; (05)EH1141.3.5. -->
SECTION 5. IC 33-33-15-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 6. The Each Dearborn
superior court has a standard small claims and misdemeanor division.
SOURCE: IC 33-33-17-2; (05)EH1141.3.6. -->
SECTION 6. IC 33-33-17-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. (a) There is are
established a court two (2) courts of record to be known as the DeKalb
superior court No. 1 and the DeKalb superior court No. 2.
(b) The Each DeKalb superior court is a standard superior court as
described in IC 33-29-1.
(c) DeKalb County comprises the judicial district of the each
superior court.
SOURCE: IC 33-33-17-3; (05)EH1141.3.7. -->
SECTION 7. IC 33-33-17-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. The Each DeKalb
superior court has one (1) judge who shall hold sessions in:
(1) the DeKalb County courthouse in Auburn; or
(2) other places in the county as the board of county
commissioners of DeKalb County may provide.
SOURCE: IC 33-33-17-4; (05)EH1141.3.8. -->
SECTION 8. IC 33-33-17-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 4. (a) If:
(1) the clerk of the circuit court of DeKalb County receives 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
a change of venue from another county;
contains and
(2) the papers described in subdivision (1) contain an order of
the court from which venue was changed designating the circuit
court or one (1) of the superior court courts 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:
(1) the clerk of the circuit court of DeKalb County receives the
transcript of the original papers in a civil action or proceeding
does on a change of venue from another county; and
(2) the papers described in subdivision (1) do 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 or the docket of one (1) of the superior court,
courts, 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 No. 1, and the
next must be assigned to the superior court No. 2.
SOURCE: IC 33-33-17-6; (05)EH1141.3.9. -->
SECTION 9. IC 33-33-17-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 6. The Each DeKalb
superior court has the same jurisdiction as the DeKalb circuit court.
SOURCE: IC 33-33-17-7; (05)EH1141.3.10. -->
SECTION 10. IC 33-33-17-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 7. The Each DeKalb
superior court has a standard small claims and misdemeanor division.
SOURCE: IC 33-33-29-2; (05)EH1141.3.11. -->
SECTION 11. IC 33-33-29-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. (a) There are
established five (5) six (6) superior courts of record to be known as the:
(1) Hamilton superior court No. 1; the
(2) Hamilton superior court No. 2; the
(3) Hamilton superior court No. 3; the
(4) Hamilton superior court No. 4; and the
(5) Hamilton superior court No. 5; and
(6) Hamilton superior court No. 6.
(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.
SOURCE: IC 33-33-29-8; (05)EH1141.3.12. -->
SECTION 12. IC 33-33-29-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 8. The:
(1) Hamilton superior court No. 4; and the
(2) Hamilton superior court No. 5; and
(3) Hamilton superior court No. 6;
each have a standard small claims and misdemeanor division.
SOURCE: IC 33-33-32-2; (05)EH1141.3.13. -->
SECTION 13. IC 33-33-32-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. (a) There are
established three (3) five (5) superior courts of record to be known as:
(1) Hendricks superior court No. 1;
(2) Hendricks superior court No. 2; and
(3) Hendricks superior court No. 3;
(4) Hendricks superior court No. 4; and
(5) Hendricks superior court No. 5.
(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.
SOURCE: IC 33-33-32-5; (05)EH1141.3.14. -->
SECTION 14. IC 33-33-32-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: 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:
(1) Hendricks circuit court;
(2) Hendricks superior court No. 1;
(3) Hendricks superior court No. 2; and
(4) Hendricks superior court No. 3;
(5) Hendricks superior court No. 4; and
(6) Hendricks superior court No. 5;
unless otherwise provided in the order or entry made in such the cause
in the county from which such the change of venue was taken, in which
case it shall be docketed as provided in the entry or order.
SOURCE: IC 33-33-34-3; (05)EH1141.3.15. -->
SECTION 15. IC 33-33-34-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. (a) There is are
established a court four (4) superior courts of record to be known as
the Howard superior court The court consists of two (2) judges each of
whom holds office for six (6) years and until the judge's successor is
elected and qualified. No. 1, the Howard superior court No. 2, the
Howard superior court No. 3, and the Howard superior court No.
4.
(b) Except as otherwise provided in this chapter, each Howard
superior court is a standard superior court, as described in
IC 33-29-1.
(c) Howard county comprises the judicial circuit of each court.
SOURCE: IC 33-33-34-6; (05)EH1141.3.16. -->
SECTION 16. IC 33-33-34-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 6. (a) The Each
Howard superior court has one (1) judge, who 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.
SOURCE: IC 33-33-34-7; (05)EH1141.3.17. -->
SECTION 17. IC 33-33-34-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: 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.
SOURCE: IC 33-33-34-19; (05)EH1141.3.18. -->
SECTION 18. IC 33-33-34-19 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 19. The Howard superior court
No. 3 has a standard small claims and misdemeanor division.
SOURCE: IC 33-33-53-1; (05)EH1141.3.19. -->
SECTION 19. IC 33-33-53-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. (a) Monroe County
constitutes the tenth judicial circuit.
(b) There are seven (7) nine (9) judges of the Monroe circuit court.
SOURCE: IC 33-33-54-2; (05)EH1141.3.20. -->
SECTION 20. IC 33-33-54-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. (a) There is are
established a court two (2) courts of record to be known as the:
(1) Montgomery superior court No. 1; and
(2) Montgomery superior court No. 2.
(b) The Each Montgomery superior court is a standard superior
court as described in IC 33-29-1.
(c) Montgomery County comprises the judicial district of the each
court.
SOURCE: IC 33-33-54-3; (05)EH1141.3.21. -->
SECTION 21. IC 33-33-54-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. The Each court has
one (1) judge who shall hold sessions in:
(1) the Montgomery County courthouse in Crawfordsville; or
(2) other places in the county as the Montgomery County
executive may provide.
SOURCE: IC 33-33-54-4; (05)EH1141.3.22. -->
SECTION 22. IC 33-33-54-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 4. The Each
Montgomery superior court has the same jurisdiction as the
Montgomery circuit court.
SOURCE: IC 33-33-54-6; (05)EH1141.3.23. -->
SECTION 23. IC 33-33-54-6 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 6. Beginning January 1, 2006,
each Montgomery superior court has a standard small claims and
misdemeanor division.
SOURCE: IC 33-33-17-5; IC 33-33-34-1; IC 33-33-34-4; IC 33-33-
34-5; IC 33-33-34-8; IC 33-33-34-9; IC 33-33-34-10; IC 33-33-34-11;
IC 33-33-34-15; IC 33-33-34-16; IC 33-33-34-17; IC 33-33-34.3.
; (05)EH1141.3.24. -->
SECTION 24. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2005]: IC 33-33-17-5; IC 33-33-34-1; IC 33-33-34-4;
IC 33-33-34-5; IC 33-33-34-8; IC 33-33-34-9; IC 33-33-34-10;
IC 33-33-34-11; IC 33-33-34-15; IC 33-33-34-16; IC 33-33-34-17;
IC 33-33-34.3.
SOURCE: ; (05)EH1141.3.25. -->
SECTION 25. [EFFECTIVE JULY 1, 2005] (a) Notwithstanding
the amendment of IC 33-33-15 by this act, the Dearborn superior
court No. 2 is not established until January 1, 2006.
(b) The governor shall appoint a person under IC 3-13-6-1(c) to
serve as the initial judge of the Dearborn superior court No. 2
established by IC 33-33-15-2, as amended by this act, before
January 1, 2006.
(c) The term of the initial judge appointed under subsection (b)
begins January 1, 2006, and ends December 31, 2006.
(d) The initial election of the judge of the Dearborn superior
court No. 2 is the general election on November 7, 2006. The term
of the initially elected judge begins January 1, 2007.
(e) This SECTION expires January 2, 2007.
SOURCE: ; (05)EH1141.3.26. -->
SECTION 26. [EFFECTIVE JULY 1, 2005] (a) Notwithstanding
the amendment of IC 33-33-17 by this act, the DeKalb superior
court No. 2 is not established until January 1, 2006.
(b) The governor shall appoint a person under IC 3-13-6-1(c) to
serve as the initial judge of the DeKalb superior court No. 2 added
by IC 33-33-17-2, as amended by this act.
(c) The term of the initial judge appointed under subsection (b)
begins January 1, 2006, and ends December 31, 2006.
(d) The initial election of the judge of the DeKalb superior court
No. 2 is the general election on November 7, 2006. The term of the
initially elected judge begins January 1, 2007.
(e) Notwithstanding the repeal of IC 33-33-17-5 by this act, the
part-time small claims referee appointed under IC 33-33-17-5 shall
continue to assist the DeKalb superior court in the exercise of its
small claims jurisdiction until December 31, 2005.
(f) This SECTION expires January 2, 2008.
SOURCE: ; (05)EH1141.3.27. -->
SECTION 27. [EFFECTIVE JULY 1, 2005] (a) Notwithstanding
IC 33-33-29-2, as amended by this act, the Hamilton superior court
No. 6 is not established until January 1, 2007.
(b) Notwithstanding IC 33-33-29-8, as amended by this act, the
Hamilton superior court No. 6 does not have a standard small
claims and misdemeanor division until January 1, 2007.
(c) The initial election of the judge of the Hamilton superior
court No. 6 established in IC 33-33-29-2, as amended by this act, is
the general election on November 7, 2006. The term of the initially
elected judge begins January 1, 2007.
(d) This SECTION expires January 2, 2007.
SOURCE: ; (05)EH1141.3.28. -->
SECTION 28. [EFFECTIVE JULY 1, 2005] (a) Notwithstanding
IC 33-33-32-2 and IC 33-33-32-5, both as amended by this act, the:
(1) Hendricks superior court No. 4; and
(2) Hendricks superior court No. 5;
as added by this act, are not established until January 1, 2007.
(b) The initial election of the judges of the:
(1) Hendricks superior court No. 4; and
(2) Hendricks superior court No. 5;
added by IC 33-33-32-2, as amended by this act, is the general
election on November 7, 2006. The terms of the two (2) judges
initially elected under this subsection begin January 1, 2007.
(c) This SECTION expires January 2, 2007.
SOURCE: ; (05)EH1141.3.29. -->
SECTION 29. [EFFECTIVE JULY 1, 2005] (a) The judges of the:
(1) Hendricks superior court No. 1;
(2) Hendricks superior court No. 2;
(3) Hendricks superior court No. 3; and
(4) Hendricks circuit court;
may jointly appoint one (1) full-time magistrate under IC 33-23-5
to serve the courts.
(b) A magistrate appointed under this SECTION continues in
office until:
(1) removed by the judges of the courts; or
(2) January 1, 2007;
whichever occurs first.
(c) This SECTION expires January 2, 2007.
SOURCE: ; (05)EH1141.3.30. -->
SECTION 30. [EFFECTIVE JULY 1, 2005]
(a) Notwithstanding
IC 33-33-34-3, as amended by this act, the Howard superior court
is not expanded to four (4) courts until January 6, 2006.
(b) The governor shall appoint a person under IC 3-13-6-1(c) to
serve as the initial judge of the Howard superior court No. 4
established by IC 33-33-34-3, as amended by this act.
(c) The term of the initial judge appointed under subsection (b)
begins January 6, 2006, and ends December 31, 2006.
(d) The initial election of the judge of the Howard superior
court No. 4, established by IC 33-33-34-3, as amended by this act,
is the general election on November 7, 2006. The term of the
initially elected judge begins January 1, 2007.
(e) The terms of the judges of Howard superior court No. 1,
Howard superior court No. 2, and Howard superior court No. 3 are
not affected by the amendment of IC 33-33-34-3 or IC 33-33-34-6
by this act, or by the repeal of IC 33-33-34-4 or 33-33-34.3 by this
act.
(f) This SECTION expires January 2, 2007.
SOURCE: ; (05)EH1141.3.31. -->
SECTION 31. [EFFECTIVE JULY 1, 2005]
(a) Notwithstanding
the amendment of IC 33-33-54 by this act, the Montgomery
superior court No. 2 is not established until January 1, 2006.
(b) As of January 1, 2006, the Montgomery county court is
abolished.
(c) Any case pending in the Montgomery county court after the
close of business on December 31, 2005, is transferred on January
1, 2006, to the Montgomery superior court No. 2 established by
IC 33-33-54-2, as amended by this act. All cases transferred under
this SECTION that are eligible to be heard by the standard small
claims and misdemeanor division, established by IC 33-33-54-6, as
added by this act, shall be transferred to the standard small claims
and misdemeanor division of the Montgomery superior court No.
2 in accordance with the venue requirements prescribed in Rule 75
of the Indiana Rules of Trial Procedure. A case transferred under
this SECTION shall be treated as if the case were filed in the
Montgomery superior court No. 2.
(d) On January 1, 2006, all property and obligations of the
Montgomery county court become the property and obligations of
the Montgomery superior court No. 2.
(e) The initial judge of the Montgomery superior court No. 2
established by IC 33-33-54-2, as amended by this act, shall be the
person who is the Montgomery county court judge on December
31, 2005. The term of the initial judge of the Montgomery superior
court No. 2 begins January 1, 2006, and ends December 31, 2008.
The initial election of a judge for the Montgomery superior court
No. 2, established by IC 33-33-54-2, as amended by this act, is the
general election on November 4, 2008. The term of the initial
elected judge of the Montgomery superior court No. 2 begins
January 1, 2009.
(f) This SECTION expires January 2, 2009.
SOURCE: ; (05)EH1141.3.32. -->
SECTION 32. [EFFECTIVE JULY 1, 2005]
(a) Notwithstanding
IC 33-33-53-1, as amended by this act, the Monroe circuit court is
not expanded to:
(1) eight (8) judges until January 1, 2006, as described in
subsection (b); and
(2) nine (9) judges until January 1, 2008, as described in
subsection (c).
(b) The governor shall appoint a person under IC 3-13-6-1(c) to
serve as the eighth judge of the Monroe circuit court added by
IC 33-33-53-1, as amended by this act. The term of the initial judge
appointed under this subsection begins January 1, 2006, and ends
December 31, 2006. The initial election of the eighth judge of the
Monroe circuit court added by IC 33-33-53-1, as amended by this
act, is the general election on November 7, 2006. The term of the
judge initially elected under this subsection begins January 1, 2007.
(c) The governor shall appoint a person under IC 3-13-6-1(c) to
serve as the ninth judge of the Monroe circuit court added by
IC 33-33-53-1, as amended by this act. The term of the initial judge
appointed under this subsection begins January 1, 2008, and ends
December 31, 2008. The initial election of the ninth judge of the
Monroe circuit court added by IC 33-33-53-1, as amended by this
act, is the general election on November 4, 2008. The term of the
judge initially elected under this subsection begins January 1, 2009.
(d) This SECTION expires January 2, 2009.