Introduced Version






HOUSE BILL No. 1357

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 33-33-49-32.

Synopsis: Marion superior court magistrates. Allows the judges of the Marion superior court to jointly appoint ten full-time magistrates instead of eight full-time magistrates after June 30, 2008.

Effective: July 1, 2008.





Bardon




    January 16, 2008, read first time and referred to Committee on Courts and Criminal Code.







Introduced

Second Regular Session 115th General Assembly (2008)


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HOUSE BILL No. 1357



    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; (08)IN1357.1.1. -->     SECTION 1. IC 33-33-49-32, AS AMENDED BY P.L.80-2006, SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: 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:
        (1) four (4) full-time magistrates under IC 33-23-5 until January 1, 2008, not more than two (2) of whom may be from the same political party; and
        (2) eight (8) full-time magistrates under IC 33-23-5 after December 31, 2007, and until July 1, 2008, not more than four (4) of whom may be from the same political party; and
        (3) ten (10) full-time magistrates under IC 33-23-5 after June 30, 2008, not more than five (5) of whom may be from the same political party.

    (b) The magistrates continue in office until removed by the vote of a majority of the judges of the court.
    (c) 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.