Introduced Version






SENATE BILL No. 255

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 33-33.

Synopsis: Dearborn, Jefferson, Ohio, and Switzerland county courts. Provides that as of January 1, 2009: (1) the Ohio County and Switzerland County joint superior court is dissolved; (2) the three judge Dearborn County and Ohio County joint superior court is established; (3) the Jefferson County and Switzerland County joint fifth judicial circuit is dissolved; and (4) Jefferson County constitutes and continues in the fifth judicial circuit and Switzerland County constitutes a new ninety-first judicial circuit. Makes transitional and conforming amendments.

Effective: July 1, 2007; January 1, 2009.





Lewis




    January 8, 2007, read first time and referred to Committee on Judiciary.







Introduced

First Regular Session 115th General Assembly (2007)


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 2006 Regular Session of the General Assembly.

SENATE BILL No. 255



    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; (07)IN0255.1.1. -->     SECTION 1. IC 33-33-15-2, AS AMENDED BY P.L.237-2005, SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2009]: Sec. 2. (a) There are established two (2) three (3) courts of record to be known as the:
        (1) Dearborn and Ohio superior court No. 1; and
        (2) Dearborn and Ohio superior court No. 2; and
        (3) Dearborn and Ohio superior court No. 3.

    (b) Each Dearborn and Ohio superior court is a standard superior court as described in IC 33-29-1. However, for purposes of this chapter, a reference to a county in IC 33-29-1 is considered to be a reference to Dearborn County and Ohio County.
    (c) Dearborn County comprises and Ohio counties comprise the judicial district of each superior court.
SOURCE: IC 33-33-15-3; (07)IN0255.1.2. -->     SECTION 2. IC 33-33-15-3, AS AMENDED BY P.L.237-2005, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2009]: Sec. 3. Each Dearborn and Ohio superior court has one (1) judge who shall hold sessions in:
        (1) the Dearborn County courthouse in Lawrenceburg; or
         (2) the Ohio County courthouse in Rising Sun; or
        (2) (3) other places in the Dearborn County and Ohio County as the Dearborn County executive and Ohio County executive may provide.
SOURCE: IC 33-33-15-3.5; (07)IN0255.1.3. -->     SECTION 3. IC 33-33-15-3.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2009]: Sec. 3.5. A judge of a Dearborn and Ohio 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. The part of the salary to be paid by the counties shall be paid by Dearborn and Ohio counties in equal amounts.
SOURCE: IC 33-33-15-4; (07)IN0255.1.4. -->     SECTION 4. IC 33-33-15-4, AS AMENDED BY P.L.237-2005, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2009]: Sec. 4. In addition to a bailiff and an official court reporter for the court appointed under IC 33-29-1-5, 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 and Ohio circuit court; and
        (2) shall be paid monthly out of the treasury of Dearborn County and Ohio 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; (07)IN0255.1.5. -->     SECTION 5. IC 33-33-15-5, AS AMENDED BY P.L.237-2005, SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2009]: Sec. 5. (a) Except as provided in subsection (b), each Dearborn and Ohio superior court has the same jurisdiction as the Dearborn and Ohio circuit court.
    (b) The Dearborn and Ohio circuit court has exclusive juvenile jurisdiction.
SOURCE: IC 33-33-15-6; (07)IN0255.1.6. -->     SECTION 6. IC 33-33-15-6, AS AMENDED BY P.L.237-2005, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2009]: Sec. 6. Each Dearborn and Ohio superior court has a standard small claims and misdemeanor division.
SOURCE: IC 33-33-39-1; (07)IN0255.1.7. -->     SECTION 7. IC 33-33-39-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2009]: Sec. 1. Jefferson County and Switzerland County constitute constitutes the fifth judicial circuit.
SOURCE: IC 33-33-58-3; (07)IN0255.1.8. -->     SECTION 8. IC 33-33-58-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2009]: Sec. 3. (a) There is are established a court three (3) courts of record to be known as the:
         (1) Dearborn and Ohio and Switzerland superior court No. 1;
        (2) Dearborn and Ohio superior court No. 2; and
        (3) Dearborn and Ohio superior court No. 3.

    (b) The court may have a seal containing the words "Ohio and Switzerland Superior Court, Ohio and Switzerland Counties, Indiana".     (b) Each Dearborn and Ohio superior court is a standard superior court as described in IC 33-29-1. However, for purposes of this chapter, a reference to a county in IC 33-29-1 is considered to be a reference to Dearborn County and Ohio County.
    (c) Dearborn and Ohio and Switzerland counties comprise the judicial district of the court.
SOURCE: IC 33-33-58-4; (07)IN0255.1.9. -->     SECTION 9. IC 33-33-58-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2009]: Sec. 4. The Each Dearborn and Ohio and Switzerland superior court has one (1) judge who shall be elected at the general election every six (6) years in Ohio and Switzerland counties. The judge's term begins January 1 following the judge's election and ends December 31 following the election of the judge's successor. hold sessions in:
        (1) the Dearborn County courthouse in Lawrenceburg;
        (2) the Ohio County courthouse in Rising Sun; or
        (3) other places in Dearborn County and Ohio County as the Dearborn County executive and Ohio County executive may provide.

SOURCE: IC 33-33-58-6; (07)IN0255.1.10. -->     SECTION 10. IC 33-33-58-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2009]: Sec. 6. The A judge of the a Dearborn and 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 Dearborn and Ohio and Switzerland counties in equal amounts.
SOURCE: IC 33-33-58-8.5; (07)IN0255.1.11. -->     SECTION 11. IC 33-33-58-8.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2009]: Sec. 8.5. In addition to a bailiff and an official court reporter for the court appointed under IC 33-29-1-5, 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 and Ohio circuit court; and
        (2) shall be paid monthly out of the treasury of Dearborn County and Ohio 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 33-33-58-13; (07)IN0255.1.12. -->     SECTION 12. IC 33-33-58-13 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2009]: Sec. 13. The (a) Except as provided in subsection (b), each Dearborn and Ohio and Switzerland superior court has the same jurisdiction as a the Dearborn and Ohio circuit court. under IC 33-28-3 and IC 33-28-1-2.
     (b) The Dearborn and Ohio circuit court has exclusive juvenile jurisdiction.
SOURCE: IC 33-33-58-14; (07)IN0255.1.13. -->     SECTION 13. IC 33-33-58-14 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2009]: Sec. 14. The Each Dearborn and Ohio and Switzerland superior court has a standard small claims and misdemeanor division.
SOURCE: IC 33-33-78-2; (07)IN0255.1.14. -->     SECTION 14. IC 33-33-78-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2009]: Sec. 2. Jefferson County and (a) Switzerland County constitute constitutes the fifth ninety-first judicial circuit.
     (b) The Switzerland circuit court has a standard small claims and misdemeanor division.
SOURCE: IC 33-33-58-1; IC 33-33-58-5; IC 33-33-58-7; IC 33-33- 58-8; IC 33-33-58-9; IC 33-33-58-10; IC 33-33-58-11; IC 33-33-58- 12; IC 33-33-78-1; IC 33-33-78-3; IC 33-33-78-4; IC 33-33-78-5; IC 33-33-78-6; IC 33-33-78-7; IC 33-33-78-8; IC 33-33-78-9; IC 33-33- 78-10; IC 33-33-78-11; IC 33-33-78-12; IC 33-33-78-13; IC 33-33- 78-14.
; (07)IN0255.1.15. -->     SECTION 15. THE FOLLOWING ARE REPEALED [EFFECTIVE JANUARY 1, 2009]: IC 33-33-58-1; IC 33-33-58-5; IC 33-33-58-7; IC 33-33-58-8; IC 33-33-58-9; IC 33-33-58-10; IC 33-33-58-11; IC 33-33-58-12; IC 33-33-78-1; IC 33-33-78-3; IC 33-33-78-4; IC 33-33-78-5; IC 33-33-78-6; IC 33-33-78-7; IC 33-33-78-8; IC 33-33-78-9; IC 33-33-78-10; IC 33-33-78-11; IC 33-33-78-12; IC 33-33-78-13; IC 33-33-78-14.
SOURCE: ; (07)IN0255.1.16. -->     SECTION 16. [EFFECTIVE JULY 1, 2007] (a) As of January 1, 2009:
        (1) the joint Ohio County and Switzerland County superior court established under IC 33-33-58-3, before its amendment by this act, and IC 33-33-78-3, as repealed by this act, is abolished; and
        (2) the joint Dearborn County and Ohio County superior court is established under IC 33-33-15-2 and IC 33-33-58-3, both as amended by this act.
    (b) A case or any other matter pending in the joint Ohio County and Switzerland County superior court after the close of business on December 31, 2008:
        (1) that originated in Ohio County shall be transferred to the joint Dearborn County and Ohio County superior court on January 1, 2009; and
        (2) that originated in Switzerland County shall be transferred to the Switzerland County ninety-first judicial circuit court established under IC 33-33-78-2, as amended by this act, on January 1, 2009.
    (c) The judge of the:
        (1) Dearborn superior court No. 1 serving on December 31, 2008, shall be the initial judge of the Dearborn and Ohio superior court No. 1 established under IC 33-33-15-2 and IC 33-33-58-3, both as amended by this act; and
        (2) Dearborn superior court No. 2 serving on December 31, 2008, shall be the initial judge of the Dearborn and Ohio superior court No. 2 established under IC 33-33-15-2 and IC 33-33-58-3, both as amended by this act.
The term of a judge described in this subsection does not terminate until the date the judge's term would have terminated under the law in effect on December 31, 2008.
    (d) The initial election of a judge for the Dearborn and Ohio superior court No. 3 established under IC 33-33-15-2(a)(3) and IC 33-33-58-3(a)(3), both as added 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.
    (e) This SECTION expires January 2, 2015.

SOURCE: ; (07)IN0255.1.17. -->     SECTION 17. [EFFECTIVE JULY 1, 2007] (a) As of January 1, 2009:
        (1) the joint Jefferson County and Switzerland County fifth judicial circuit court established under IC 33-33-39-1 and IC 33-33-78-2, both before their amendment by this act, is abolished;
        (2) the Jefferson County fifth judicial circuit court is established under IC 33-33-39-1, as amended by this act; and
        (3) the Switzerland County ninety-first judicial circuit court is established under IC 33-33-78-2, as amended by this act.
    (b) A case or any other matter pending in the joint Jefferson County and Switzerland County fifth judicial circuit court after the close of business on December 31, 2008:
        (1) that originated in Jefferson County shall be transferred to the Jefferson County fifth judicial circuit court on January 1, 2009; and
        (2) that originated in Switzerland County shall be transferred

to the Switzerland County ninety-first judicial circuit court on January 1, 2009.
    (c) The initial judge of the Jefferson County fifth judicial circuit court shall be the person who is the joint Jefferson County and Switzerland County fifth judicial circuit court judge serving on December 31, 2008. The judge shall serve the remainder of the judge's term as judge of the joint Jefferson County and Switzerland County fifth judicial circuit court serving as judge of the Jefferson County fifth judicial circuit court.
    (d) The initial prosecuting attorney of the Jefferson County fifth judicial circuit shall be the person who is the joint Jefferson County and Switzerland County fifth judicial circuit prosecuting attorney serving on December 31, 2008. The prosecuting attorney shall serve the remainder of the prosecuting attorney's term as prosecuting attorney for the joint Jefferson County and Switzerland County fifth judicial circuit serving as prosecuting attorney for the Jefferson County fifth judicial circuit.
    (e) The initial election of a judge for the Switzerland County ninety-first judicial circuit court established by IC 33-33-78-2, 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.
    (f) The initial election of a prosecuting attorney for the Switzerland County ninety-first judicial circuit established by IC 33-33-78-2, as amended by this act, is the general election on November 4, 2008. The term of the prosecuting attorney initially elected under this subsection begins January 1, 2009, and ends December 31, 2010.
    (g) This SECTION expires January 2, 2015.