February 11, 2005
SENATE BILL No. 303
_____
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.
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)
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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.