SB 298-1_ Filed 03/29/2001, 11:08
Adopted 3/29/2001
Text Box
Adopted Rejected
[
]
COMMITTEE REPORT
YES:
10
NO:
0
MR. SPEAKER:
Your Committee on Courts and Criminal Code , to which was referred Senate Bill
298 , has had the same under consideration and begs leave to report the same back to the
House with the recommendation that said bill be amended as follows:
Replace the effective dates in SECTIONS 9 through 17 with
"[EFFECTIVE JULY 1, 2001]".
SOURCE: Page 7, line 8; (01)CR029802.7. -->
Page 7, line 8, delete "[EFFECTIVE JANUARY 1, 2003]" and
insert "[EFFECTIVE JULY 1, 2001]".
Page 7, line 8, after "Sec. 1." insert " (a)".
Page 7, line 8, strike "shall be".
Page 7, line 9, strike "and".
Page 7, line 9, strike "hereby".
Page 7, line 9, delete "Superior Court" and insert " a court of record
to be known as the Howard superior court".
Page 7, line 9, strike "in Howard County, Indiana,".
Page 7, line 10, strike "which shall consist of".
Page 7, line 10, delete "three (3)" and insert " (referred to as "the
court" in this chapter). Howard County comprises the judicial
district of the court.
(b) The court has four (4)".
Page 7, line 10, strike "hold their".
Page 7, strike lines 11 through 12 and insert " be elected at the
general election every six (6) years in Howard County. A judge's
term begins January 1 following the election and ends December
31 following the election of the judge's successor.
(c) To be eligible to hold office as judge of the court, a person
must:
(1) be a resident of Howard County;
(2) be less than seventy (70) years of age at the time of taking
office; and
(3) be admitted to the bar of Indiana.
SOURCE: IC 33-5-20.1-4; (01)CR029802.20. -->
SECTION 20.
IC 33-5-20.1-4
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 4. The superior court,
within and for the county, shall have original and concurrent
jurisdiction with the circuit court in all civil actions and proceedings at
law and in equity; probate and guardianship proceedings; actions for
divorce, separation, or annulment of marriage; and in all criminal cases
and proceedings; Provided, however, That the Superior court shall not
have the jurisdiction of a juvenile court or judge thereof, as defined by
IC 33-12.
The Superior Court, within and for said county, shall have original
and concurrent jurisdiction in all appeals or reviews from boards of
county commissioners, other executive or administrative agencies or
inferior courts, and all other appellate jurisdictions vested in the circuit
court. (a) Except as provided in subsection (b), the court has the
same jurisdiction as the Howard circuit court.
(b) The Howard circuit court has exclusive juvenile jurisdiction.
SOURCE: IC 33-5-20.1-7; (01)CR029802.21. -->
SECTION 21.
IC 33-5-20.1-7
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 7. The judges of the
court
shall have the same
power to grant restraining orders, injunctions
and writs of ne exeat, to issue writs of habeas corpus and of mandate
and prohibition, to appoint receivers, masters and commissioners to
convey real property, and to grant commissions for the examination of
witnesses, and to appoint other officers necessary to facilitate and
transact the business of the court as is now or may hereafter be
conferred on circuit courts or the judges thereof. powers relating to
the conduct of the business of the court as the judge of the Howard
circuit court. A judge of the court also may administer oaths,
solemnize marriages, and take and certify acknowledgments of
deeds.
SOURCE: IC 33-5-20.1-8; (01)CR029802.22. -->
SECTION 22.
IC 33-5-20.1-8
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 8. The superior Each
judge of the court of Howard County shall hold its sessions in the
Howard County courthouse in the city of Kokomo, Indiana, or in such
the other convenient and suitable place places in the county as the
board of county commissioners of Howard County shall provide. Said
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, which rooms shall be ready for occupancy by July 1,
1974, and the county council shall meet and appropriate all necessary
funds therefor. executive may provide. The county executive shall
provide and maintain suitable courtrooms and other rooms and
facilities, including furniture and equipment, as may be necessary.
The Howard County fiscal body shall appropriate sufficient funds
for the provision and maintenance of these rooms and facilities.
SOURCE: IC 33-5-20.1-13; (01)CR029802.23. -->
SECTION 23.
IC 33-5-20.1-13
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 13. Each judge shall
appoint a bailiff and a court reporter whose duties, salary and term
shall be regulated in the same manner as now or hereafter provided for
the circuit court. A judge of the court may appoint a referee,
commissioner, or other personnel as the judge considers necessary
to facilitate and transact the business of the court. Their salaries
shall be fixed in the same manner as the salaries of the personnel
for the Howard circuit court. Their salaries shall be paid monthly
out of the treasury of Howard County as provided by law.
Personnel appointed under this section continue in office until
removed by the judge of the court.
SOURCE: IC 33-5-20.1-15; (01)CR029802.24. -->
SECTION 24.
IC 33-5-20.1-15
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 15.
Prior to the
commencement of any term of said court, at the time and place
provided by law, the clerk of said court and jury commissioners
appointed by the judge of the circuit court of said county as provided
by law, shall proceed to select a petit jury, in the manner as is now
provided by law, to serve at the next ensuing term of court, and the
officers in selecting, and the clerk, in issuing process for, the jury, and
the sheriff in serving the same, shall in all things be governed by the
rules and regulations prescribed for the selection of petit jurors in the
circuit court: Provided, That the court may order on what day of the
term the jurors shall be summoned to attend the court. The judge of the
court may order the selecting and summoning of other jurors for the
court whenever the same may be necessary. The jury commissioners
appointed by the judge of the Howard circuit court shall serve as
the jury commissioners for the court. Juries shall be selected in the
same manner as juries for the Howard circuit court. The grand
jury selected for the Howard circuit court shall also serve as the
grand jury for the court as may be necessary.
SOURCE: IC 33-5-20.1-21; (01)CR029802.25. -->
SECTION 25.
IC 33-5-20.1-21
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2001]: Sec. 21. The judge of the
circuit court may, with the consent of this a judge of the court, transfer
any action, cause or proceeding filed and docketed in the circuit court
to this the court by transferring all original papers and instruments filed
in such action, cause or proceeding without further transcript thereof
to be redocketed and disposed of as if originally filed with this court.
SOURCE: IC 33-5-20.1-27; (01)CR029802.26. -->
SECTION 26.
IC 33-5-20.1-27
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2001]: Sec. 27. The court has a standard
small claims and misdemeanor division.".
SOURCE: Page 9, line 19; (01)CR029802.9. -->
Page 9, between lines 19 and 20 begin a new paragraph and insert:
SOURCE: IC 33-5-44.1-1; (01)CR029802.32. -->
"SECTION 32.
IC 33-5-44.1-1
, AS AMENDED BY P.L.45-2000,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2001]: Sec. 1. There is hereby established a superior court in
Vigo County, Indiana, which court shall consist of four (4) five (5)
judges who shall hold their office for six (6) years if they behave well
and until their successors have been elected and qualified. In addition
to the four (4) five (5) judges, the judge of the Vigo circuit court may
sit as a judge of said Vigo superior court as provided in this chapter.".
SOURCE: Page 17, line 18; (01)CR029802.17. -->
Page 17, line 18, after "IC 33-5-5.1-8.5;" insert "IC 33-5-20.1-2;
IC 33-5-20.1-14
;
IC 33-5-20.1-16
;
IC 33-5-20.1-17
;
IC 33-5-20.1-18
;
IC 33-5-20.1-24
;
IC 33-5-20.1-25
;
IC 33-5-20.1-26
;
IC 33-5-20.2
;".
Page 18, line 11, delete "initial judge" and insert "
governor shall
appoint the initial judge of DeKalb superior court No. 2, as added
by this act. The term of the judge appointed by the governor under
this subsection ends December 31, 2002. The initial election of the
judge of DeKalb superior court No. 2, as added by this act, is the
general election to be held November 5, 2002. The person elected
takes office January 1, 2003.
(b) The governor shall appoint the initial judge of the Vigo
superior court, as added by this act. The term of the judge
appointed by the governor under this subsection begins January 1,
2002, and ends December 31, 2004. The initial election of the judge
of the Vigo superior court, as added by this act, is the general
election to be held November 2, 2004. The person elected takes
office January 1, 2005.
(c) The governor shall appoint the initial judge of Howard
superior court No. 4, as added by this act. The term of the judge
appointed by the governor under this subsection ends December
31, 2002. The initial election of the judge of Howard superior court
No. 4, as added by this act, is the general election to be held
November 5, 2002. The person elected takes office January 1, 2003.
(d) Except as provided by this subsection, the concurrent repeal
of
IC 33-5-20.2
by this act and the addition of one (1) of the two (2)
judges to the Howard superior court by
IC 33-5-20.1-1
, as
amended by this act, constitutes a relocation of the law governing
Howard superior court No. 3 to a new position in the Indiana Code.
The general assembly intends that the term of office, qualifications,
powers, and duties of the judge of Howard superior court No. 3 on
June 30, 2001, and cases pending before Howard superior court
No. 3 on June 30, 2001, be unaffected by this act, except that
Howard superior court No. 3 is subject after June 30, 2001, to the
court rules adopted and the orders of the presiding judge selected
under
IC 33-5-20.1-19
and the actions taken in concert by the court
or by the presiding judge of the court under
IC 33-5-20.1-20.
(e) The amendment of
IC 33-5-20.1-1
, except to the extent that
the amendment adds one (1) judge,
IC 33-5-20.1-4
,
IC 33-5-20.1-7
,
IC 33-5-20.1-13
,
IC 33-5-20.1-15
, and
IC 33-5-20.1-21
by this act
and the repeal of
IC 33-5-20.1-2
,
IC 33-5-20.1-14
,
IC 33-5-20.1-16
,
IC 33-5-20.1-17
,
IC 33-5-20.1-18
,
IC 33-5-20.1-24
,
IC 33-5-20.1-25
,
and
IC 33-5-20.1-26
by this act are intended to promote uniformity
by bringing the law governing the Howard superior court more
into conformity with the laws governing superior courts in other
judicial districts in Indiana. However, to the extent that the
amendment of
IC 33-5-20.1-1
, as amended by this act, would
otherwise disqualify a person who is a judge of a Howard superior
court on June 30, 2001, the amendments concerning the
qualifications of a judge of the Howard superior court do not apply
to the office held by the judge until after the expiration of the
current term of the judge who holds the office on June 30, 2001.
(f) Notwithstanding
IC 33-5-10.8-17
, as amended by this act, if
the judge of DeKalb superior court No. 2, as added by this act, has
not been appointed and qualified on July 1, 2001, the DeKalb
superior court may employee or continue the employment of a
part-time small claims referee under
IC 33-5-2.5
to assist the court
in the exercise of its small claims jurisdiction until the judge is
appointed and qualified. Until the judge is appointed and qualified,
the small claims referee shall be compensated, provided with
suitable facilities, equipment, and administrative staff, and has
powers and duties under
IC 33-5-2.5
as if
IC 33-5-10.8-17
had not
been amended by this act.".
Page 18, delete lines 12 through 18.
Page 18, line 19, delete "(c)" and insert " (g)".
Page 18, line 26, delete "(d)" and insert " (h)".
Page 18, line 26, delete "2003" and insert " 2005".
Renumber all SECTIONS consecutively.
(Reference is to SB 298 as reprinted March 6, 2001.)
and when so amended that said bill do pass.
__________________________________
CR029802/DI 105 2001