SB 298-1_ Filed 03/29/2001, 11:08
Adopted 3/29/2001


Text Box

Adopted Rejected


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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.

__________________________________

Representative Dvorak


CR029802/DI 105    2001