January 28, 2005





HOUSE BILL No. 1053

_____


DIGEST OF HB 1053 (Updated January 26, 2005 2:49 pm - DI 69)



Citations Affected: IC 33-33; noncode.

Synopsis: DeKalb superior court. Establishes a second superior court in DeKalb County. Provides that the initial judge of the second DeKalb superior court is appointed for a term beginning January 1, 2006. Eliminates the DeKalb County small claims referee.

Effective: July 1, 2005.





Dodge , Pond , Stutzman




    January 4, 2005, read first time and referred to Committee on Courts and Criminal Code.
    January 27, 2005, reported _ Do Pass.






January 28, 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 this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2004 Regular Session of the General Assembly.

HOUSE BILL No. 1053



    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 33-33-17-2; (05)HB1053.1.1. -->     SECTION 1. 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)HB1053.1.2. -->     SECTION 2. 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)HB1053.1.3. -->     SECTION 3. 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 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)HB1053.1.4. -->     SECTION 4. 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)HB1053.1.5. -->     SECTION 5. 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 33-33-17-5; (05)HB1053.1.6. -->     SECTION 6. IC 33-33-17-5 IS REPEALED [EFFECTIVE JULY 1, 2005].
SOURCE: ; (05)HB1053.1.7. -->     SECTION 7. [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.