January 21, 2005





SENATE BILL No. 212

_____


DIGEST OF SB 212 (Updated January 19, 2005 10:21 am - DI 106)



Citations Affected: IC 33-23; IC 33-24.

Synopsis: Tax court and senior judges. Allows a senior judge to be appointed to serve the tax court. (The introduced version of this bill was prepared by the commission on courts.)

Effective: July 1, 2005.





Bray, Lanane




    January 4, 2005, read first time and referred to Committee on Judiciary.
    January 20, 2005, reported favorably _ Do Pass.






January 21, 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.

SENATE BILL No. 212



    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:

    SECTION 1. IC 33-23-3-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. (a) A circuit court, a superior court, a county court, a probate court, the tax 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.
    SECTION 2. IC 33-23-3-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 2. Upon approving the request by a circuit court, a superior court, a county court, a probate court, the tax 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.
    SECTION 3. IC 33-23-3-4 IS AMENDED TO READ AS

FOLLOWS [EFFECTIVE JULY 1, 2005]: 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, the tax 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, the tax court, or the court of appeals.
    SECTION 4. IC 33-24-3-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: 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, a county court, a probate court, the tax court, or the court of appeals 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.