Introduced Version






SENATE BILL No. 573

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 33-23-15.

Synopsis: Binding arbitration of judicial mandates. Provides that a judicial mandate must be submitted to binding arbitration upon the request of the court or the mandated party. Specifies that a judicial mandate submitted to binding arbitration must be heard by a panel of three arbitrators: one selected by the court, one selected by the mandated party, and the third selected by the first two arbitrators. Provides that the special judge shall set the compensation of the arbitrators and that the costs of arbitration are to be equally divided between the judge and the mandated party. Specifies that the arbitration hearing is open to the public and that documents provided in the scope of the arbitration are public documents unless privileged or declared confidential by another law. Provides that the arbitration panel shall reach a determination not later than 20 days after the date of the hearing, specifies that the determination of the arbitration panel is dispositive as to all issues, and requires the special judge to enter a judgment on the determination. Provides that the judgment of the special judge is effective without review by the supreme court.

Effective: July 1, 2009.





Boots




    January 20, 2009, read first time and referred to Committee on Judiciary.







Introduced

First Regular Session 116th General Assembly (2009)


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SENATE BILL No. 573



    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 33-23-15; (09)IN0573.1.1. -->     SECTION 1. IC 33-23-15 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]:
     Chapter 15. Binding Arbitration and Judicial Mandates
    Sec. 1. Notwithstanding Indiana Trial Rule 60.5, this chapter applies to an order for mandate of funds whenever the court or a mandated party requests binding arbitration in accordance with this chapter.
     Sec. 2. As used in this chapter, "mandated party" means a person described in section 3 of this chapter who is the subject of an order for mandate of funds.
    Sec. 3. As used in this chapter, "order for mandate of funds" means an order issued by a court to require:
        (1) a municipality;
        (2) a political subdivision of the state; or
        (3) an officer of a municipality or a political subdivision of the state;
to appropriate or to pay unappropriated funds for the operation of the court or court related functions.

    Sec. 4. As used in this chapter, "special judge" means a special judge appointed by the supreme court under Indiana Trial Rule 60.5(B) to try an order for mandate of funds.
    Sec. 5. (a) An order for mandate of funds shall be submitted to binding arbitration if the court or the mandated party requests binding arbitration in accordance with this section.
    (b) A court may request binding arbitration by including a request for binding arbitration in its order for mandate of funds.
    (c) A mandated party may request binding arbitration by filing a petition with the special judge not later than fifteen (15) days after the mandated party receives notice of the appointment of a special judge under Indiana Trial Rule 60.5(B).

     (d) If a court or a mandated party requests binding arbitration in accordance with this section, the special judge shall submit the matter to binding arbitration. The special judge shall remain available to rule and assist in any discovery or prearbitration matters or motions.
    Sec. 6. (a) An order for mandate of funds submitted to binding arbitration shall be heard by a panel of three (3) arbitrators.
    (b) The court shall select one (1) arbitrator from the listing of lawyers engaged in the practice of law in Indiana who are willing to serve as arbitrators. The court may select an arbitrator from a listing maintained by any court.
    (c) The mandated party shall select one (1) arbitrator from the listing of lawyers engaged in the practice of law in Indiana who are willing to serve as arbitrators. The mandated party may select an arbitrator from a listing maintained by any court.
    (d) The two (2) arbitrators selected by the court and the mandated party shall select a third arbitrator from the listing of lawyers engaged in the practice of law in Indiana who are willing to serve as arbitrators. The two (2) arbitrators may select an arbitrator from a listing maintained by any court.
    (e) After the three (3) arbitrators have been selected, the arbitrators shall select from among themselves the chair of the arbitration panel.

     (f) The special judge shall set the rate of compensation for the arbitrators. The costs of arbitration shall be equally divided between the court and the mandated party and shall be paid not later than thirty (30) days after the date the arbitration panel reaches a decision.
    (g) Any person selected to serve as arbitrator may refuse to serve.
    Sec. 7. An arbitration hearing conducted under this chapter is open to the public. Unless privileged or otherwise made confidential by another law, all documents that are filed or provided as part of the arbitration are public documents. Arbitration conducted in accordance with this chapter is not a settlement negotiation as governed by Indiana Evidence Rule 408.
    Sec. 8. The arbitration shall be conducted in accordance with Indiana Trial Rule 60.5, except to the extent that Indiana Trial Rule
60.5 conflicts with this chapter.
    Sec. 9. The determination of the arbitration panel shall be decided by majority vote. Not later than twenty (20) days after the date of the arbitration hearing, the chair of the arbitration panel shall file a written determination of the arbitration proceedings with the special judge and serve a copy on the court and the mandated party. The determination of the arbitration panel is dispositive as to all issues. The special judge shall enter judgment on the determination of the arbitration panel. The judgment of the special judge is effective without review by the supreme court.