February 11, 2005





SENATE BILL No. 303

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DIGEST OF SB 303 (Updated February 9, 2005 2:28 pm - DI 106)



Citations Affected: IC 33-33.

Synopsis: Marion superior court. Permits a party to a Marion superior court proceeding that has been assigned to a magistrate to request that a judge of the superior court preside over the proceeding instead of the magistrate only if the party makes the request within a specified time period. Strikes a provision that limits the salary of the Marion superior court administrator to not more than 80% of the salary of a superior court judge.

Effective: July 1, 2005.





Clark




    January 6, 2005, read first time and referred to Committee on Judiciary.
    February 10, 2005, amended, reported favorably _ Do Pass.






February 11, 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.
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SENATE BILL No. 303



    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 33-33-49-32; (05)SB0303.1.1. -->     SECTION 1. IC 33-33-49-32 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 32. (a) In addition to the magistrate appointed under section 31 of this chapter, the judges of the superior court may, by a vote of a majority of the judges, appoint four (4) full-time magistrates under IC 33-23-5.
    (b) Not more than two (2) of the magistrates appointed under this section may be of the same political party.
    (c) The magistrates continue in office until removed by the vote of a majority of the judges of the court.
    (d) A party to a superior court proceeding that has been assigned to a magistrate appointed under this section may request that an elected judge of the superior court preside over the proceeding instead of the magistrate to whom the proceeding has been assigned. A request under this subsection must be in writing and must be filed with the court:
        (1) in a civil case, not later than:
            (A) ten (10) days after the pleadings are closed; or
            (B) thirty (30) days after the case is entered on the chronological case summary, in a case in which the defendant is not required to answer; or
        (2) in a criminal case, not later than ten (10) days after the omnibus date.

Upon a timely request made under this subsection by either party, the magistrate to whom the proceeding has been assigned shall transfer the proceeding back to the superior court judge.
SOURCE: IC 33-33-49-33; (05)SB0303.1.2. -->     SECTION 2. IC 33-33-49-33 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 33. (a) The executive committee elected under section 14 of this chapter shall employ a court administrator to administer the business activities of the court. A court administrator is subject to rules of the court and oversight by the executive committee.
    (b) The salary of the court administrator shall be set by the executive committee. but may not be more than eighty percent (80%) of the salary of a superior court judge.