Ind. Code § 33-38-14-10 — Indiana Code / Title 33 / Article 38 / Chapter 14 / Section 33-38-14-10
Disqualification; suspension; retirement; censure; removal
Status: in_force

Sec. 10. (a) A judge is disqualified from acting as a judicial officer, without loss of salary, while there is pending:

(1) an indictment or information charging the judge in a United States court with a crime punishable as a felony under Indiana or federal law; or

(2) a recommendation to the supreme court by the commission for the judge's removal or retirement.

(b) On recommendation of the commission or on its own motion, the supreme court may suspend a judge from office without salary if in a United States court the judge pleads guilty or no contest or is found guilty of a crime that:

(1) is punishable as a felony under Indiana or federal law; or

(2) involves moral turpitude under the law.

If the judge's conviction is reversed, the suspension terminates and the judge shall be paid the judge's salary for the period of suspension. If the judge's conviction becomes final, the supreme court shall remove the judge from office.

(c) On recommendation of the commission, the supreme court may:

(1) retire a judge for a disability that:

(A) seriously interferes with the performance of the judge's duties; and

(B) is or is likely to become permanent; and

(2) censure or remove a judge for an action that:

(A) occurs not more than six (6) years before the beginning of the judge's current term; and

(B) constitutes at least one (1) of the following:

(i) Willful misconduct in office.

(ii) Willful or persistent failure to perform the judge's duties.

(iii) Habitual intemperance.

(iv) Conduct prejudicial to the administration of justice that brings the judicial office into disrepute.

A judge retired under this subsection is considered to have retired voluntarily. A judge removed under this subsection is ineligible for judicial office and, pending further order of the supreme court, is suspended from the practice of law in Indiana.

[Pre-2004 Recodification Citation: 33-2.1-6-4.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-41-1-3 — Indiana Code / Title 33 / Article 41 / Chapter 1 / Section 33-41-1-3
Oath of office
Status: in_force

Sec. 3. At the time of appointment, an official reporter shall take an oath before an officer empowered to administer oaths to faithfully perform his or her duties as an official reporter.

[Pre-2004 Recodification Citation: 33-15-23-3.]

As added by P.L.98-2004, SEC.20.
Ind. Code § 33-33-29-8 — Indiana Code / Title 33 / Article 33 / Chapter 29 / Section 33-33-29-8
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-22-8.]

As added by P.L.98-2004, SEC.12. Amended by P.L.237-2005, SEC.13. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-33-71-32 — Indiana Code / Title 33 / Article 33 / Chapter 71 / Section 33-33-71-32
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-40-36.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.204-2021, SEC.14.
Ind. Code § 33-38-15.2-2 — Indiana Code / Title 33 / Article 38 / Chapter 15.2 / Section 33-38-15.2-2
Presence of elected or appointed judge
Status: in_force

Sec. 2. A judge pro tempore may serve as a judge of a court regardless of whether the appointed or elected judge of the court is present and available in the building that contains the court.

As added by P.L.22-2016, SEC.2.
Ind. Code § 33-44-4-8 — Indiana Code / Title 33 / Article 44 / Chapter 4 / Section 33-44-4-8
Vacancies
Status: in_force

Sec. 8. The appointing authority shall fill a vacancy on the board.

[Pre-2004 Recodification Citation: 33-20-4-8.]

As added by P.L.98-2004, SEC.23.
Ind. Code § 33-37-8-1 — Indiana Code / Title 33 / Article 37 / Chapter 8 / Section 33-37-8-1
"City or town fund"
Status: in_force

Sec. 1. As used in this chapter, "city or town fund" refers to the city or town user fee fund established under section 3 of this chapter.

[Pre-2004 Recodification Citation: 33-19-8-1.]

As added by P.L.98-2004, SEC.16.
Ind. Code § 33-44-1-2 — Indiana Code / Title 33 / Article 44 / Chapter 1 / Section 33-44-1-2
Purpose
Status: in_force

Sec. 2. It is the purpose of this article to expand the availability and improve the quality of existing free legal services in civil matters to indigent persons and to initiate new programs that will provide services to them.

[Pre-2004 Recodification Citation: 33-20-1-2.]

As added by P.L.98-2004, SEC.23.
Ind. Code § 33-33-27.3-12 — Indiana Code / Title 33 / Article 33 / Chapter 27.3 / Section 33-33-27.3-12
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-19.3-11.]

As added by P.L.98-2004, SEC.12. Amended by P.L.1-2007, SEC.218. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-33-42-1 — Indiana Code / Title 33 / Article 33 / Chapter 42 / Section 33-33-42-1
Judicial circuit
Status: in_force

Sec. 1. (a) Knox County constitutes the twelfth judicial circuit.

(b) The judge of the Knox circuit court and the judges of the Knox superior courts may jointly appoint one (1) full-time magistrate under IC 33-23-5 to serve the circuit and superior courts.

(c) The magistrate continues in office until removed by the judge of the Knox circuit court and the judges of the Knox superior courts.

[Pre-2004 Recodification Citation: 33-4-1-42.]

As added by P.L.98-2004, SEC.12. Amended by P.L.165-2021, SEC.190.
Ind. Code § 33-37-3-3 — Indiana Code / Title 33 / Article 37 / Chapter 3 / Section 33-37-3-3
Actions commenced by person confined by department of correction
Status: in_force

Sec. 3. (a) When an offender confined by the department of correction commences an action or a proceeding without paying fees or other court costs under section 2 of this chapter, the offender shall obtain from the appropriate official of the correctional facility or facilities at which the offender is or was confined a certified copy of the prisoner's trust fund account statement for the six (6) months immediately preceding submission of the complaint or petition. The offender shall file the trust fund account statement in addition to the statement required under section 2 of this chapter.

(b) The offender shall pay a partial filing fee that is twenty percent (20%) of the greater of:

(1) the average monthly deposits to the offender's account; or

(2) the average monthly balance in the offender's account;

for the six (6) months immediately preceding the filing of the complaint or petition. However, the fee may not exceed the full statutory fee for the commencement of actions or proceedings.

(c) If the offender claims exceptional circumstances that render the offender unable to pay the partial filing fee required by this section, in addition to the statement required by section 2 of this chapter and the statement of account required by subsection (a), the offender shall submit an affidavit of special circumstances setting forth the reasons and circumstances that justify relief from the partial filing fee requirement.

(d) If the court approves the application to waive all fees, the court shall give written notice to the offender that all fees and costs relating to the filing and service will be waived. If the court denies the application to waive all fees, the court shall give written notice to the offender that the offender's case will be dismissed if the partial filing fee is not paid not later than forty-five (45) days after the date of the order, or within an additional period that the court may, upon request, allow. Process concerning the offender's case may not be served until the fee is paid.

[Pre-2004 Recodification Citation: 33-19-3-2.5.]

As added by P.L.98-2004, SEC.16.
Ind. Code § 33-22-1-4 — Indiana Code / Title 33 / Article 22 / Chapter 1 / Section 33-22-1-4
Effect of recodification
Status: in_force

Sec. 4. (a) The recodification act of the 2004 regular session of the general assembly does not affect:

(1) any rights or liabilities accrued;

(2) any penalties incurred;

(3) any violations committed;

(4) any proceedings begun;

(5) any bonds, notes, loans, or other forms of indebtedness issued, incurred, or made;

(6) any tax levies made or authorized;

(7) any funds established;

(8) any patents issued;

(9) the validity, continuation, or termination of any contracts, easements, or leases executed;

(10) the validity, continuation, scope, termination, suspension, or revocation of:

(A) permits;

(B) licenses;

(C) certificates of registration;

(D) grants of authority; or

(E) limitations of authority; or

(11) the validity of court decisions entered regarding the constitutionality of any provision of the prior law;

before the effective date of the recodification act of the 2004 regular session of the general assembly (July 1, 2004). Those rights, liabilities, penalties, violations, proceedings, bonds, notes, loans, other forms of indebtedness, tax levies, funds, patents, contracts, easements, leases, permits, licenses, certificates of registration, grants of authority, and limitations of authority continue and shall be imposed and enforced under prior law as if the recodification act of the 2004 regular session of the general assembly had not been enacted.

(b) The recodification act of the 2004 regular session of the general assembly does not:

(1) extend or cause to expire a permit, license, certificate of registration, or other grant or limitation of authority; or

(2) in any way affect the validity, scope, or status of a license, permit, certificate of registration, or other grant or limitation of authority;

issued under the prior law.

(c) The recodification act of the 2004 regular session of the general assembly does not affect the revocation, limitation, or suspension of a permit, license, certificate of registration, or other grant or limitation of authority based in whole or in part on violations of the prior law or the rules adopted under the prior law.

[2004 Recodification Citation: New.]

As added by P.L.98-2004, SEC.1.
Ind. Code § 33-39-9-3 — Indiana Code / Title 33 / Article 39 / Chapter 9 / Section 33-39-9-3
Prosecuting attorney
Status: in_force

Sec. 3. As used in the chapter, "prosecuting attorney" means:

(1) a prosecuting attorney;

(2) a deputy prosecuting attorney; or

(3) a senior prosecuting attorney appointed under IC 33-39-10-1.

[Pre-2004 Recodification Citation: 33-14-11-2.]

As added by P.L.98-2004, SEC.18. Amended by P.L.57-2014, SEC.9.
Ind. Code § 33-33-49-13.4 — Indiana Code / Title 33 / Article 33 / Chapter 49 / Section 33-33-49-13.4
Judicial selection committee nomination procedure
Status: in_force

Sec. 13.4. (a) When the committee learns that a vacancy exists or will exist on the court, the committee shall nominate five (5) candidates to the governor to fill the vacancy in accordance with this section.

(b) In making a nomination under this section or a recommendation concerning retention under section 13.7 of this chapter, the committee shall consider the following factors with respect to a candidate:

(1) Law school record, including any academic honors and achievements.

(2) Contribution to scholarly journals and publications, legislative drafting, and legal briefs.

(3) Activities in public service, including:

(A) writings and speeches concerning public or civic affairs that are on public record, including but not limited to campaign speeches or writing, letters to newspapers, and testimony before public agencies;

(B) efforts and achievements in improving the administration of justice; and

(C) other conduct relating to the individual's profession.

(4) Legal experience, including the number of years of practicing law, the kind of practice involved, and reputation as a trial lawyer or judge.

(5) Probable judicial temperament.

(6) Personality traits, including the exercise of sound judgment, ability to compromise and conciliate, patience, decisiveness, and dedication.

(7) Membership on boards of directors, financial interest, and any other consideration that might create conflict of interest with a judicial office.

(8) Any other pertinent information that the committee feels is important in selecting the best qualified individuals for judicial office.

(9) Information from the supreme court disciplinary commission or the commission on judicial qualifications regarding any disciplinary action pending or commenced before the commission, including but not limited to notices of inquiry, notices of investigation, filed charges, or resolutions. This information shall be received in executive session, is confidential, and is not subject to public access.

(c) As soon as practicable after the committee learns of a vacancy, the committee shall publicly announce that it is accepting applications from persons wishing to fill the vacancy. The committee shall determine the form and content of the application, establish a timetable for nominations, and schedule one (1) or more hearings to interview qualified applicants and select nominees to fill the vacancy. To the extent practicable, the committee shall endeavor to interview as many qualified applicants as possible. However, if a large number of applicants have applied to fill a vacancy, the committee may limit itself to interviewing only the most qualified applicants. The committee may conduct multiple interviews. At the conclusion of the interview process, the committee shall nominate five (5) of the most qualified candidates and forward their names to the governor, who shall, not later than sixty (60) days after the names of the candidates have been forwarded, appoint one (1) of the nominees as judge. If the committee is nominating candidates for more than one (1) vacancy within the same political party, the governor may appoint any of the nominated candidates to the vacancies. If the governor does not make an appointment within the sixty (60) day period described in this subsection, the chairperson of the committee shall appoint one (1) of the nominees as judge.

(d) In no event may more than fifty-two percent (52%) of the judges serving on the Marion superior court be members of the same political party.

As added by P.L.245-2017, SEC.11. Amended by P.L.76-2026, SEC.8.
Ind. Code § 33-38-6-9 — Indiana Code / Title 33 / Article 38 / Chapter 6 / Section 33-38-6-9
"Participant"
Status: in_force

Sec. 9. As used in this chapter, "participant" means a judge who participates in the fund. After December 31, 2010, "participant" means a judge or full-time magistrate who participates in the fund.

[Pre-2004 Recodification Citation: 33-13-8-2.]

As added by P.L.98-2004, SEC.17. Amended by P.L.122-2008, SEC.6.
Ind. Code § 33-37-5-29 — Indiana Code / Title 33 / Article 37 / Chapter 5 / Section 33-37-5-29
Repealed
Status: repealed

As added by P.L.60-2006, SEC.4. Repealed by P.L.108-2010, SEC.10.
Ind. Code § 33-33-41-6 — Indiana Code / Title 33 / Article 33 / Chapter 41 / Section 33-33-41-6
Sitting of judges
Status: in_force

Sec. 6. The judge of a Johnson superior court may, with the consent of the judge of another Johnson superior court, sit as the judge of the other superior court in any matter as if the judge of the superior court were an elected judge of the other superior court.

[Pre-2004 Recodification Citation: 33-5-24-10.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-37-7-7 — Indiana Code / Title 33 / Article 37 / Chapter 7 / Section 33-37-7-7
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-19-7-4.]

As added by P.L.98-2004, SEC.16. Amended by P.L.85-2004, SEC.26; P.L.95-2004, SEC.14. Repealed by P.L.1-2006, SEC.588.
Ind. Code § 33-38-7-16 — Indiana Code / Title 33 / Article 38 / Chapter 7 / Section 33-38-7-16
Benefits limitations under Internal Revenue Code
Status: in_force

Sec. 16. Notwithstanding any other provision of this chapter, and solely for the purposes of the benefits provided under this chapter, the benefit limitations of Section 415 of the Internal Revenue Code shall be determined by applying the provisions of Section 415(b)(10) of the Internal Revenue Code, as amended by the Technical and Miscellaneous Revenue Act of 1988 (P.L.100-647). This section constitutes an election under Section 415(b)(10)(C) of the Internal Revenue Code to have Section 415(b) of the Internal Revenue Code (other than Section 415(b)(2)(G)) applied without regard to Section 415(b)(2)(F) (before its repeal on June 7, 2001, by P.L.107-16) to anyone who did not first become a participant before January 1, 1990.

[Pre-2004 Recodification Citation: 33-13-9.1-9.]

As added by P.L.98-2004, SEC.17. Amended by P.L.42-2011, SEC.67.
Ind. Code § 33-39-2-3 — Indiana Code / Title 33 / Article 39 / Chapter 2 / Section 33-39-2-3
Statement of date of expiration of commission; appending to certificates
Status: in_force

Sec. 3. A prosecuting attorney or deputy prosecuting attorney who performs any of the acts set forth in section 1 of this chapter shall, at the time of signing a certificate of acknowledgment of a deed, mortgage, other instrument, jurat, or other official document, append to the certificate a true statement of the date of the expiration of the commission of the prosecuting attorney or deputy prosecuting attorney. A prosecuting attorney or deputy prosecuting attorney has jurisdiction to perform the duties set forth in this chapter anywhere in Indiana.

[Pre-2004 Recodification Citation: 33-14-5-3.]

As added by P.L.98-2004, SEC.18.
Ind. Code § 33-23-18-6 — Indiana Code / Title 33 / Article 23 / Chapter 18 / Section 33-23-18-6
Qualifications to participate in the referral program
Status: in_force

Sec. 6. (a) A person against whom criminal charges are pending is eligible to participate in the referral program only if the court finds, following a hearing, that the person meets the following criteria:

(1) The person is a qualified adult who has been referred to a treatment provider under section 5 of this chapter.

(2) The court has determined that the person is an appropriate candidate to participate in the referral program.

(b) Participation in the referral program does not divert, delay, or otherwise affect the criminal prosecution against the person.

As added by P.L.205-2023, SEC.27.
Ind. Code § 33-42-16-3 — Indiana Code / Title 33 / Article 42 / Chapter 16 / Section 33-42-16-3
Effect of law on notary public commission
Status: in_force

Sec. 3. A commission as a notary public in effect on July 1, 2018, continues until its date of expiration. A notary public who applies or reapplies for a commission on or after July 1, 2018, is subject to this article.

As added by P.L.128-2017, SEC.24. Amended by P.L.59-2018, SEC.62.
Ind. Code § 33-23-13-2 — Indiana Code / Title 33 / Article 23 / Chapter 13 / Section 33-23-13-2
"Prosecuting attorney" defined
Status: in_force

Sec. 2. As used in this chapter, "prosecuting attorney" includes a senior prosecuting attorney appointed under IC 33-39-1.

[Pre-2004 Recodification Citation: 33-2.1-9-1.]

As added by P.L.98-2004, SEC.2.
Ind. Code § 33-39-12-3 — Indiana Code / Title 33 / Article 39 / Chapter 12 / Section 33-39-12-3
"Giglio list"
Status: in_force

Sec. 3. As used in this chapter, "Giglio list" means a list of names that a prosecuting attorney maintains in order to comply with applicable law and the Indiana Rules of Criminal Procedure.

As added by P.L.93-2025, SEC.1.
Ind. Code § 33-23-13-3 — Indiana Code / Title 33 / Article 23 / Chapter 13 / Section 33-23-13-3
Defense by attorney general or private counsel
Status: in_force

Sec. 3. If a judge or prosecuting attorney is sued for civil damages or equitable relief and the suit would be construed, under notice pleading, as arising out of an act performed within the scope of the duties of the judge or prosecuting attorney, the attorney general shall:

(1) defend the judge or prosecuting attorney in the suit; or

(2) authorize the chief administrative officer of the office of judicial administration to hire private counsel to provide the defense.

[Pre-2004 Recodification Citation: 33-2.1-9-1.]

As added by P.L.98-2004, SEC.2. Amended by P.L.161-2018, SEC.48.
Ind. Code § 33-33-89.2-1 — Indiana Code / Title 33 / Article 33 / Chapter 89.2 / Section 33-33-89.2-1
Application
Status: in_force

Sec. 1. IC 33-29-1 does not apply to this chapter.

[2004 Recodification Citation: New.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-24-6-15 — Indiana Code / Title 33 / Article 24 / Chapter 6 / Section 33-24-6-15
Transmitting prohibited person data
Status: in_force

Sec. 15. (a) The following definitions apply throughout this section:

(1) "Firearm" has the meaning set forth in IC 35-47-1-5.

(2) "INcite" means the Indiana court information technology extranet.

(3) "NICS" has the meaning set forth in IC 35-47-2.5-2.5.

(4) "Office" means the office of judicial administration created by section 1 of this chapter.

(5) "Prohibited person" means a person who is prohibited from:

(A) possessing a firearm under state or federal law; or

(B) carrying a handgun under IC 35-47-2-1.5(b).

(b) The office may, before January 1, 2024, develop and maintain a system to transmit data contained in the following, for the purpose of aiding law enforcement in the identification of a prohibited person:

(1) The odyssey case management system.

(2) The NICS reporting application.

(3) The protection order registry.

(4) The offender management system.

(5) Any other relevant data source as determined by the office.

(c) The office may, before July 1, 2024, develop an electronic tool to allow a court to access its system in order to retrieve and transmit data that can be used to determine whether a person is a prohibited person. The office may create an INcite application to serve as the electronic tool.

As added by P.L.23-2023, SEC.2.
Ind. Code § 33-27-3-6 — Indiana Code / Title 33 / Article 27 / Chapter 3 / Section 33-27-3-6
Meetings
Status: in_force

Sec. 6. (a) The judicial nominating commission shall meet as necessary to discharge the commission's responsibilities under the Constitution of the State of Indiana and the state laws. Meetings of the commission shall be called by the chairman, or if the chairman fails to call a meeting when a meeting is necessary, upon the call of any four (4) members of the commission. When a meeting is called, the chairman shall give each member of the commission at least five (5) days written notice by mail of the time and place of the meeting unless the commission at its previous meeting designated the time and place of the next meeting.

(b) Meetings of the commission must be held at a place in Indiana, as arranged by the chairman of the commission.

(c) The commission shall act only at a meeting and may act only on the concurrence of a majority of the members attending a meeting. The commission may not vote to reduce the number of candidates for further consideration or to submit or not submit the list of nominees under subsection (e) during an executive session. Four (4) members constitute a quorum.

(d) The commission may adopt reasonable and proper rules for the conduct of its proceedings and the discharge of its duties. The rules must comply with this chapter and include procedures by which eligible candidates for a vacancy in the supreme court or court of appeals may submit their names to the commission. The rules are public records, and the meetings of the commission at which the rules are considered for initial adoption or amendment must be publicly announced and open to the public.

(e) Notwithstanding IC 5-14-1.5-2, the commission is a public agency for the purposes of IC 5-14-1.5. The commission may meet in executive session under IC 5-14-1.5-6.1 for the consideration of a candidate for judicial appointment if:

(1) notice of the executive session is given in the manner prescribed by IC 5-14-1.5-5;

(2) all interviews of candidates are conducted at meetings open to the public; and

(3) copies of all attributable communications (as defined in section 2(i) of this chapter) concerning the candidates have been provided to all commission members and made available for public inspection and copying.

[Pre-2004 Recodification Citation: 33-2.1-4-8.]

As added by P.L.98-2004, SEC.6.
Ind. Code § 33-24-4-9 — Indiana Code / Title 33 / Article 24 / Chapter 4 / Section 33-24-4-9
Personal liability of clerk
Status: in_force

Sec. 9. (a) The clerk of the supreme court is not personally liable for any act or omission occurring in connection with the performance of the clerk's official duties, unless the act or omission constitutes gross negligence or an intentional disregard of the responsibilities of the office of clerk.

(b) The fact that the clerk is not personally liable under subsection (a) does not preclude an action against the clerk's bond based on an error or omission committed by the clerk.

As added by P.L.60-2010, SEC.1.
Ind. Code § 33-38-12-2 — Indiana Code / Title 33 / Article 38 / Chapter 12 / Section 33-38-12-2
"Expenses"
Status: in_force

Sec. 2. As used in this chapter, "expenses" includes the following:

(1) Reasonable attorney's fees, if the attorney general has authorized the chief administrative officer of the office of judicial administration to hire private counsel to provide the defense.

(2) A judgment.

(3) A settlement.

(4) Court costs.

(5) Discovery costs.

(6) Expert witness fees.

(7) Any other expense incurred as a result of an action or a proceeding.

[Pre-2004 Recodification Citation: 33-13-17-2.]

As added by P.L.98-2004, SEC.17. Amended by P.L.161-2018, SEC.102.
Ind. Code § 33-33-79.2-1 — Indiana Code / Title 33 / Article 33 / Chapter 79.2 / Section 33-33-79.2-1
Application
Status: in_force

Sec. 1. IC 33-29-1 does not apply to this chapter.

[2004 Recodification Citation: New.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-34-16 — Indiana Code / Title 33 / Article 33 / Chapter 34 / Section 33-33-34-16
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-20.1-22.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.237-2005, SEC.25.
Ind. Code § 33-34-8-1 — Indiana Code / Title 33 / Article 34 / Chapter 8 / Section 33-34-8-1
Fees and costs
Status: in_force

Sec. 1. (a) The following fees and costs apply to cases in the small claims court:

(1) A township docket fee of five dollars ($5) plus forty-five percent (45%) of the infraction or ordinance violation costs fee under IC 33-37-4-2.

(2) The bailiff's service of process by registered or certified mail fee of fifteen dollars ($15) for each service.

(3) The cost for the personal service of process by the bailiff or other process server of fifteen dollars ($15) for each service.

(4) Witness fees, if any, in the amount provided by IC 33-37-10-3 to be taxed and charged in the circuit court.

(5) A redocketing fee, if any, of five dollars ($5).

(6) A document storage fee under IC 33-37-5-20.

(7) An automated record keeping fee under IC 33-37-5-21.

(8) A late fee, if any, under IC 33-37-5-22.

(9) A public defense administration fee under IC 33-37-5-21.2.

(10) A judicial insurance adjustment fee under IC 33-37-5-25.

(11) A judicial salaries fee under IC 33-37-5-26.

(12) A court administration fee under IC 33-37-5-27.

(13) A pro bono legal services fee under IC 33-37-5-31.

(14) A sheriff's service of process fee under IC 33-37-5-15 for each service of process performed outside Marion County.

(15) A small claims service fee of twenty-six dollars ($26) under IC 33-37-5-35.

The township docket fee and the cost for the initial service of process shall be paid at the institution of a case. The cost of service after the initial service shall be assessed and paid after service has been made. The cost of witness fees shall be paid before the witnesses are called.

(b) If the amount of the township docket fee computed under subsection (a)(1) is not equal to a whole number, the amount shall be rounded to the next highest whole number.

[Pre-2004 Recodification Citation: 33-11.6-4-15.]

As added by P.L.98-2004, SEC.13. Amended by P.L.85-2004, SEC.15; P.L.95-2004, SEC.3; P.L.2-2005, SEC.99; P.L.176-2005, SEC.2; P.L.136-2012, SEC.12; P.L.39-2017, SEC.1; P.L.38-2021, SEC.75; P.L.106-2022, SEC.4; P.L.174-2022, SEC.59; P.L.178-2022(ts), SEC.18; P.L.106-2025, SEC.1; P.L.213-2025, SEC.301.
Ind. Code § 33-33-89.2-7 — Indiana Code / Title 33 / Article 33 / Chapter 89.2 / Section 33-33-89.2-7
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-47-6.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-33-82-30 — Indiana Code / Title 33 / Article 33 / Chapter 82 / Section 33-33-82-30
Small claims and misdemeanor division
Status: in_force

Sec. 30. The Vanderburgh superior court has a standard small claims and misdemeanor division.

[Pre-2004 Recodification Citation: 33-5-43-35.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-37-5-27 — Indiana Code / Title 33 / Article 37 / Chapter 5 / Section 33-37-5-27
Court administration fee
Status: in_force

Sec. 27. (a) This subsection does not apply to the following:

(1) A criminal proceeding.

(2) A proceeding to enforce a statute defining an infraction.

(3) A proceeding for an ordinance violation.

In each action filed in a court described in IC 33-37-1-1, and in each small claims action in a court described in IC 33-34, the clerk shall collect a court administration fee of five dollars ($5).

(b) In each action in which a person is:

(1) convicted of an offense;

(2) required to pay a pretrial diversion fee;

(3) found to have committed an infraction; or

(4) found to have violated an ordinance;

the clerk shall collect a court administration fee of five dollars ($5).

As added by P.L.176-2005, SEC.14. Amended by P.L.80-2006, SEC.16; P.L.122-2008, SEC.3.
Ind. Code § 33-37-5-21 — Indiana Code / Title 33 / Article 37 / Chapter 5 / Section 33-37-5-21
Automated record keeping fee
Status: in_force

Sec. 21. (a) This section applies to all civil, criminal, infraction, and ordinance violation actions.

(b) The clerk shall collect an automated record keeping fee of:

(1) twenty dollars ($20) after June 30, 2017, in all actions except actions described in subdivision (2); and

(2) five dollars ($5) with respect to actions resulting in the accused person entering into a:

(A) pretrial diversion program agreement under IC 33-39-1-8; or

(B) deferral program agreement under IC 34-28-5-1.

[Pre-2004 Recodification Citation: 33-19-6-19.]

As added by P.L.98-2004, SEC.16. Amended by P.L.234-2007, SEC.69; P.L.182-2009(ss), SEC.394; P.L.229-2011, SEC.258; P.L.284-2013, SEC.5; P.L.213-2015, SEC.258; P.L.217-2017, SEC.155.
Ind. Code § 33-39-7-3 — Indiana Code / Title 33 / Article 39 / Chapter 7 / Section 33-39-7-3
"Board"
Status: in_force

Sec. 3. As used in this chapter, "board" refers to the board of trustees of the Indiana public retirement system established by IC 5-10.5-3-1.

[Pre-2004 Recodification Citation: 33-14-9-2.]

As added by P.L.98-2004, SEC.18. Amended by P.L.23-2011, SEC.26.
Ind. Code § 33-38-5-7 — Indiana Code / Title 33 / Article 38 / Chapter 5 / Section 33-38-5-7
Juvenile court magistrate; source of salary
Status: in_force

Sec. 7. Of the annual salary of a juvenile court magistrate, the county served by the magistrate shall pay forty-one thousand three hundred ninety-three dollars ($41,393). The balance of the annual salary shall be paid by the state from the state general fund.

[Pre-2004 Recodification Citation: 33-13-12-9.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-33-32-4 — Indiana Code / Title 33 / Article 33 / Chapter 32 / Section 33-33-32-4
Transfers of cases
Status: reserved

Sec. 4. Notwithstanding IC 33-29-1-9, an action, a cause, a case, a proceeding, or other matter filed in the Hendricks circuit court or a Hendricks superior court established by this chapter may be transferred by the court in which it is filed to either of the other courts by transferring all original papers filed with the consent of the court to which it is transferred.

[Pre-2004 Recodification Citation: 33-5-25-7.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-42-17-5 — Indiana Code / Title 33 / Article 42 / Chapter 17 / Section 33-42-17-5
Verification of principal's identity
Status: in_force

Sec. 5. The identity of the principal in a remote notarial act may be verified by any of the following:

(1) The remote notary public's personal knowledge of the principal's identity.

(2) A credible witness's knowledge of the principal's identity.

(3) All of the following:

(A) Remote presentation by the principal of a credential identifying the principal.

(B) Credential analysis and visual inspection by the remote notary public of the credential described in clause (A).

(C) Identity proofing of the principal, which may include a dynamic knowledge based authentication assessment or use of a public key infrastructure.

(4) Another method that uses technology that meets or exceeds the standards for approval established by the secretary of state under IC 33-42-16-2.

As added by P.L.59-2018, SEC.64. Amended by P.L.10-2019, SEC.128.
Ind. Code § 33-33-59-3 — Indiana Code / Title 33 / Article 33 / Chapter 59 / Section 33-33-59-3
Judge; location of court sessions
Status: in_force

Sec. 3. The Orange superior court has one (1) judge who shall hold sessions in:

(1) the Paoli Office Complex in Paoli; or

(2) other places in the county as the Orange county executive may provide.

[Pre-2004 Recodification Citation: 33-5-37.8-7.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-26-2-3 — Indiana Code / Title 33 / Article 26 / Chapter 2 / Section 33-26-2-3
Term of office; approval or rejection
Status: in_force

Sec. 3. (a) The initial term of office of a person appointed to serve as the judge of the tax court begins on the effective date of that appointment and ends on the date of the next general election that follows the expiration of two (2) years from the effective date of that appointment.

(b) The tax court judge may be approved or rejected for an additional term or terms in the same manner as are the justices of the supreme court under IC 33-24-2.

[Pre-2004 Recodification Citation: 33-3-5-5.]

As added by P.L.98-2004, SEC.5.
Ind. Code § 33-24-8-5 — Indiana Code / Title 33 / Article 24 / Chapter 8 / Section 33-24-8-5
Contents of quarterly report; special reports
Status: in_force

Sec. 5. The quarterly report required to be made by the clerk of the supreme court under section 1 of this chapter must show the number and title of the cause and the amount due the state. The clerk is not required to make any other or different reports, except special reports on the order of the supreme court or the court of appeals, or the written request of the governor or state comptroller.

[Pre-2004 Recodification Citation: 33-15-5-4.]

As added by P.L.98-2004, SEC.3. Amended by P.L.9-2024, SEC.504.
Ind. Code § 33-42-0.5-10 — Indiana Code / Title 33 / Article 42 / Chapter 0.5 / Section 33-42-0.5-10
"Electronic"
Status: in_force

Sec. 10. "Electronic" means relating to technology that has electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

As added by P.L.59-2018, SEC.17.
Ind. Code § 33-38-13-13 — Indiana Code / Title 33 / Article 38 / Chapter 13 / Section 33-38-13-13
Complaint; investigation
Status: in_force

Sec. 13. (a) Any Indiana citizen may complain to the commission about the activities, fitness, or qualifications of a judge or justice. Upon receiving a complaint, the commission shall determine if the complaint is founded and not frivolous. If the commission determines that the complaint is frivolous or malicious, the commission shall file with the proper court charges against the complainant. The commission, without receiving a complaint, may conduct an initial inquiry on its own motion.

(b) If the commission determines it is necessary to investigate a justice or judge, the commission shall notify the justice or judge by prepaid registered or certified mail addressed to the justice or judge at the justice's or judge's chambers and last known residence. The notice must contain information concerning the following:

(1) The investigation.

(2) The nature of the complaint.

(3) The origin of the complaint, including the name of the complainant or that the investigation is on the commission's motion.

(4) The opportunity to present matters as the justice or judge may choose.

If the investigation does not disclose sufficient cause to warrant further proceedings the justice or judge shall be so notified.

(c) The commission may do the following:

(1) Make investigations or employ special investigators.

(2) Hold confidential hearings with the complainant or the complainant's agents or attorneys.

(3) Hold confidential hearings with the judge or justice involved in the complaint.

(d) If:

(1) the commission's initial inquiry or investigation does not disclose sufficient cause to warrant further proceedings; and

(2) the complainant issues a public statement relating to the activities or actions of the commission;

the commission may answer the statement by referring to the record of its proceedings or the results of its investigation.

[Pre-2004 Recodification Citation: 33-2.1-5-6.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-40-4-5 — Indiana Code / Title 33 / Article 40 / Chapter 4 / Section 33-40-4-5
Duties
Status: in_force

Sec. 5. The council shall:

(1) assist in the coordination of the duties of the attorneys engaged in the defense of indigents at public expense;

(2) prepare manuals of procedure;

(3) assist in the preparation of trial briefs, forms, and instructions;

(4) conduct research and studies of interest or value to all such attorneys; and

(5) maintain liaison contact with study commissions, organizations, and agencies of all branches of local, state, and federal government that will benefit criminal defense as part of the fair administration of justice in Indiana.

[Pre-2004 Recodification Citation: 33-9-12-4.]

As added by P.L.98-2004, SEC.19.
Ind. Code § 33-23-18-4 — Indiana Code / Title 33 / Article 23 / Chapter 18 / Section 33-23-18-4
Duties of an assessor
Status: in_force

Sec. 4. (a) An assessor selected to evaluate an adult who may be a qualified adult shall:

(1) conduct an appropriate psychological evaluation of the adult;

(2) recommend whether the adult would likely benefit from participation in the referral program; and

(3) explain, in detail, the reason for the recommendation.

The evaluation, recommendation, and explanation shall be submitted to the court in writing, with the recommendation being submitted on a sheet separate from the evaluation and explanation.

(b) The evaluation and explanation are confidential. The recommendation is a public record unless ordered sealed by the court.

(c) The state may pay the costs of the assessment under subsection (a).

As added by P.L.205-2023, SEC.27.
Ind. Code § 33-33-45-33 — Indiana Code / Title 33 / Article 33 / Chapter 45 / Section 33-33-45-33
Duration in office
Status: in_force

Sec. 33. A member of the judicial nominating commission may serve until the member's successor is appointed. A voting member of the commission is not eligible for more than two (2) successive reappointments.

[Pre-2004 Recodification Citation: 33-5-29.5-34.]

As added by P.L.98-2004, SEC.12. Amended by P.L.204-2021, SEC.6.
Ind. Code § 33-25-4-5 — Indiana Code / Title 33 / Article 25 / Chapter 4 / Section 33-25-4-5
Qualified immunity
Status: in_force

Sec. 5. A:

(1) court marshal appointed; or

(2) deputy court marshal hired;

under section 4 of this chapter is entitled to qualified immunity for acts performed in the course of official duties required under this chapter.

As added by P.L.139-2026, SEC.6.
Ind. Code § 33-32-2-9.2 — Indiana Code / Title 33 / Article 32 / Chapter 2 / Section 33-32-2-9.2
Personal liability of clerk
Status: in_force

Sec. 9.2. (a) A clerk is not personally liable for any act or omission occurring in connection with the performance of the clerk's official duties, unless the act or omission constitutes gross negligence or an intentional disregard of the responsibilities of the office of clerk.

(b) The fact that a clerk is not personally liable under subsection (a) does not preclude an action against the clerk's bond based on an error or omission committed by the clerk.

As added by P.L.60-2010, SEC.2.
Ind. Code § 33-24-6-6 — Indiana Code / Title 33 / Article 24 / Chapter 6 / Section 33-24-6-6
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-2.1-7-4.]

As added by P.L.98-2004, SEC.3. Repealed by P.L.161-2018, SEC.63.
Ind. Code § 33-26-3-4 — Indiana Code / Title 33 / Article 26 / Chapter 3 / Section 33-26-3-4
Location of evidentiary hearings
Status: in_force

Sec. 4. A taxpayer that appeals to the tax court shall, at the time the appeal is filed, elect to have all evidentiary hearings in the appeal conducted in one (1) of the following counties:

(1) Allen County.

(2) Jefferson County.

(3) Lake County.

(4) Marion County.

(5) St. Joseph County.

(6) Vanderburgh County.

(7) Vigo County.

[Pre-2004 Recodification Citation: 33-3-5-2.]

As added by P.L.98-2004, SEC.5.
Ind. Code § 33-23-11-14 — Indiana Code / Title 33 / Article 23 / Chapter 11 / Section 33-23-11-14
Annual statement of economic interests
Status: in_force

Sec. 14. (a) The following shall file with the commission on judicial qualifications an annual statement of economic interests:

(1) Justices, judges, and prosecuting attorneys.

(2) Except as provided in subsection (c), any candidate for one (1) of the offices listed in subdivision (1) who is not the holder of that office.

(b) Justices and judges who are candidates for retention in office are subject to IC 3-9.

(c) This section does not apply to a candidate for an appointment pro tempore to fill a vacancy in an office under IC 3-13.

[Pre-2004 Recodification Citation: 33-2.1-8-6.]

As added by P.L.98-2004, SEC.2. Amended by P.L.127-2008, SEC.5.
Ind. Code § 33-35-2-1 — Indiana Code / Title 33 / Article 35 / Chapter 2 / Section 33-35-2-1
Judge of city or town court; powers and duties; special judge
Status: in_force

Sec. 1. (a) A judge of a city or town court:

(1) may adopt rules for conducting the business of the court;

(2) has all powers incident to a court of record in relation to:

(A) the attendance of witnesses;

(B) the punishment of contempts;

(C) the enforcement of its orders; and

(D) the issuance of commissions for taking depositions in cases pending in the court;

(3) may administer oaths; and

(4) may give all necessary certificates for the authentication of the records and proceedings of the court.

(b) If the judge is temporarily absent or unable to act, the judge shall appoint a reputable practicing attorney to preside in the judge's absence as special judge. The special judge:

(1) has all the powers and rights; and

(2) shall perform all the duties;

of the judge of the court as fully as the regular judge appointing the special judge.

[Pre-2004 Recodification Citation: 33-10.1-2-1.]

As added by P.L.98-2004, SEC.14.
Ind. Code § 33-33-20-1 — Indiana Code / Title 33 / Article 33 / Chapter 20 / Section 33-33-20-1
Judicial circuit
Status: in_force

Sec. 1. Elkhart County constitutes the thirty-fourth judicial circuit.

[Pre-2004 Recodification Citation: 33-4-1-20.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-16-2 — Indiana Code / Title 33 / Article 33 / Chapter 16 / Section 33-33-16-2
Establishment of standard superior court
Status: in_force

Sec. 2. (a) There is established a court of record to be known as the Decatur superior court.

(b) The Decatur superior court is a standard superior court as described in IC 33-29-1.

(c) Decatur County comprises the judicial district of the superior court.

[Pre-2004 Recodification Citation: 33-5-10.7-1.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-47-5 — Indiana Code / Title 33 / Article 33 / Chapter 47 / Section 33-33-47-5
Rules
Status: in_force

Sec. 5. Each judge of the court may make and adopt rules and regulations for conducting the business of the court.

[Pre-2004 Recodification Citations: 33-5-32.5-6; 33-5-32.5-19.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-76-4 — Indiana Code / Title 33 / Article 33 / Chapter 76 / Section 33-33-76-4
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-40.1-3.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-33-9-3 — Indiana Code / Title 33 / Article 33 / Chapter 9 / Section 33-33-9-3
Judges; location of court sessions
Status: in_force

Sec. 3. Each Cass superior court has one (1) judge who shall hold sessions in the Cass County courthouse in Logansport or in other places in the county as the board of county commissioners of Cass County may provide.

[Pre-2004 Recodification Citation: 33-5-9.7-11.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-34-9 — Indiana Code / Title 33 / Article 33 / Chapter 34 / Section 33-33-34-9
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-20.1-12.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.237-2005, SEC.25.
Ind. Code § 33-33-36-3.5 — Indiana Code / Title 33 / Article 33 / Chapter 36 / Section 33-33-36-3.5
Expired
Status: repealed

As added by P.L.220-2011, SEC.534. Amended by P.L.194-2013, SEC.100. Expired 1-1-2017 by P.L.194-2013, SEC.100.
Ind. Code § 33-33-27-7 — Indiana Code / Title 33 / Article 33 / Chapter 27 / Section 33-33-27-7
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-11-14.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.118-2007, SEC.38.
Ind. Code § 33-33-10-2 — Indiana Code / Title 33 / Article 33 / Chapter 10 / Section 33-33-10-2
Appointment; magistrates
Status: in_force

Sec. 2. (a) Clark County constitutes the fourth judicial circuit.

(b) The judges of the Clark circuit court may jointly appoint four (4) full-time magistrates under IC 33-23-5 to serve the circuit court.

(c) A magistrate continues in office until jointly removed by the judges of the Clark circuit court.

[Pre-2004 Recodification Citations: 33-4-1-10; 33-5-10-25.]

As added by P.L.98-2004, SEC.12. Amended by P.L.234-2007, SEC.215; P.L.201-2011, SEC.19; P.L.173-2015, SEC.6; P.L.129-2017, SEC.1.
Ind. Code § 33-33-91-3 — Indiana Code / Title 33 / Article 33 / Chapter 91 / Section 33-33-91-3
Judge; location of court sessions
Status: in_force

Sec. 3. The White superior court has one (1) judge who shall hold sessions in:

(1) the White County courthouse in Monticello; or

(2) other places in the county that the board of county commissioners of White County may provide.

[Pre-2004 Recodification Citation: 33-5-49-7.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-60-7 — Indiana Code / Title 33 / Article 33 / Chapter 60 / Section 33-33-60-7
Personnel
Status: in_force

Sec. 7. (a) Each judge of the Owen circuit court may, subject to the budget approved for the court by the fiscal body of Owen County, employ personnel necessary for the proper administration of the judge's docket.

(b) Personnel employed under this section:

(1) include court reporters, bailiffs, clerical staff, and any additional officers necessary for the proper administration of the circuit court; and

(2) are subject to the rules concerning employment and management of circuit court personnel adopted by the Owen circuit court under section 6 of this chapter.

As added by P.L.83-2013, SEC.9.
Ind. Code § 33-33-53-5 — Indiana Code / Title 33 / Article 33 / Chapter 53 / Section 33-33-53-5
Presiding judge; duties
Status: in_force

Sec. 5. In accordance with rules adopted by the judges of the court under section 6 of this chapter, the presiding judge shall do the following:

(1) Ensure that the court operates efficiently and judicially under rules adopted by the court.

(2) Annually submit to the fiscal body of Monroe County a budget for the court, including amounts necessary for:

(A) the operation of the circuit's probation department;

(B) the defense of indigents; and

(C) maintaining an adequate law library.

(3) Make the appointments or selections required of a circuit or superior court judge under the following statutes:

IC 8-4-21-2

IC 11-12-2-2

IC 16-22-2-4

IC 16-22-2-11

IC 16-22-7

IC 20-23-4

IC 20-23-7-6

IC 20-23-7-8.1

IC 20-26-7-8

IC 20-26-7-14

IC 20-47-2-15

IC 20-47-3-13

IC 36-9

IC 36-10

IC 36-12-10-10.

(4) Make appointments or selections required of a circuit or superior court judge by any other statute, if the appointment or selection is not required of the court because of an action before the court.

[Pre-2004 Recodification Citation: 33-4-10-5.]

As added by P.L.98-2004, SEC.12. Amended by P.L.1-2005, SEC.217; P.L.231-2005, SEC.50; P.L.1-2006, SEC.505; P.L.2-2006, SEC.183; P.L.179-2011, SEC.33.
Ind. Code § 33-33-71-11 — Indiana Code / Title 33 / Article 33 / Chapter 71 / Section 33-33-71-11
Power and authority of judges
Status: in_force

Sec. 11. The judges of the superior court may make and adopt rules and regulations for conducting the business of the court and have all the powers incident to a court of record in relation to the attendance of witnesses, the punishment of contempts, and the enforcement of its orders. The judges may administer oaths, solemnize marriages, take and certify acknowledgment of deeds, and give all necessary certificates for the authentication of the records and proceedings in the court.

[Pre-2004 Recodification Citation: 33-5-40-6.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-36-2 — Indiana Code / Title 33 / Article 33 / Chapter 36 / Section 33-33-36-2
Establishment of standard superior court
Status: in_force

Sec. 2. (a) There is established a court of record to be known as the Jackson superior court.

(b) The Jackson superior court is a standard superior court as described in IC 33-29-1.

(c) Jackson County comprises the judicial district of the court.

[Pre-2004 Recodification Citation: 33-5-25.4-1.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-26-2-5 — Indiana Code / Title 33 / Article 26 / Chapter 2 / Section 33-26-2-5
Salary; expenses; full-time position
Status: in_force

Sec. 5. (a) The judge of the tax court is entitled to an annual salary equal to the annual salary provided in IC 33-38-5-8 to a judge of the court of appeals. In addition, the judge of the tax court is entitled to the following:

(1) Reimbursement for traveling expenses and other expenses actually incurred in connection with the judge's duties, as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency.

(2) A subsistence allowance equal to the amount provided under IC 33-38-5-8 to a judge of the court of appeals who is not the chief judge of the court of appeals.

(b) The judge of the tax court:

(1) shall devote full-time to judicial duties; and

(2) may not engage in the practice of law.

(c) The state shall pay the annual salary prescribed in subsection (a) from the state general fund.

(d) The state shall furnish an automobile to the judge of the state tax court.

[Pre-2004 Recodification Citation: 33-3-5-7.]

As added by P.L.98-2004, SEC.5.
Ind. Code § 33-44-4-7 — Indiana Code / Title 33 / Article 44 / Chapter 4 / Section 33-44-4-7
Term of members
Status: in_force

Sec. 7. A member of the board serves a term of four (4) years.

[Pre-2004 Recodification Citation: 33-20-4-7.]

As added by P.L.98-2004, SEC.23.
Ind. Code § 33-33-45-15 — Indiana Code / Title 33 / Article 33 / Chapter 45 / Section 33-33-45-15
Order books
Status: in_force

Sec. 15. The court shall maintain an order book at each location of the court and the order books may be signed on behalf of the court by any of the judges of the court, and the signature constitutes authentication of the actions of each of the judges in the court.

[Pre-2004 Recodification Citation: 33-5-29.5-15.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-26-2-1 — Indiana Code / Title 33 / Article 26 / Chapter 2 / Section 33-26-2-1
Judge
Status: in_force

Sec. 1. The tax court consists of one (1) judge.

[Pre-2004 Recodification Citation: 33-3-5-3.]

As added by P.L.98-2004, SEC.5.
Ind. Code § 33-38-5-3 — Indiana Code / Title 33 / Article 38 / Chapter 5 / Section 33-38-5-3
Multiple county judicial circuits
Status: in_force

Sec. 3. (a) This section applies to a judicial circuit that is composed of more than one (1) county.

(b) The counties comprising a circuit to which this section applies are considered one (1) county for purposes of this chapter. Each county in the circuit shall pay part of the county salary in the same proportion as the county's individual classification factor bears to the classification factor of the judicial circuit.

[Pre-2004 Recodification Citation: 33-13-12-4.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-23-18-3 — Indiana Code / Title 33 / Article 23 / Chapter 18 / Section 33-23-18-3
Petition for evaluation
Status: in_force

Sec. 3. If a sheriff, prosecutor, or criminal defense attorney having contact with an adult who has been:

(1) detained; and

(2) charged with an offense;

has reason to believe that the adult may be a qualified adult, the sheriff, prosecutor, or defense attorney may file a written petition with the appropriate court and request that the court select an assessor to evaluate the adult to determine if the adult is a qualified adult.

As added by P.L.205-2023, SEC.27.
Ind. Code § 33-34-3-14 — Indiana Code / Title 33 / Article 34 / Chapter 3 / Section 33-34-3-14
Judgments; lien on real estate
Status: in_force

Sec. 14. (a) All judgments rendered in civil actions may be recorded in the judgment docket book of the proper division of the small claims court.

(b) A judgment entered by a small claims court is a lien on real estate when entered in the circuit court judgment docket in the same manner as a judgment in a court of general jurisdiction becomes a lien on real estate under IC 34-55-9.

(c) The clerk of the small claims court shall keep a docket in which judgments shall be entered and properly indexed in the name of the judgment defendant as judgments of circuit courts are entered and indexed.

[Pre-2004 Recodification Citation: 33-11.6-4-13.]

As added by P.L.98-2004, SEC.13.
Ind. Code § 33-33-71-61 — Indiana Code / Title 33 / Article 33 / Chapter 71 / Section 33-33-71-61
Certified recommendation to supreme court
Status: in_force

Sec. 61. Upon making a determination recommending the censure, retirement, or removal of a judge, the commission on judicial qualifications shall promptly file a copy of the recommendation certified by the chairman or secretary of the commission, together with the transcript and findings and conclusions, with the clerk of the supreme court and shall promptly mail to the judge and to the counsel notice of the filing, together with a copy of the recommendation, finding, and conclusions.

[Pre-2004 Recodification Citation: 33-5-40-65.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-53-2 — Indiana Code / Title 33 / Article 33 / Chapter 53 / Section 33-33-53-2
Circuit court jurisdiction; dockets
Status: in_force

Sec. 2. (a) The Monroe circuit court is a court of general jurisdiction and shall maintain the following dockets:

(1) Small claims.

(2) Minor offenses and violations.

(3) Criminal.

(4) Juvenile.

(5) Civil.

(6) Probate.

(b) The assignment of judges of the court to the dockets specified in subsection (a) must be by rule of the court.

[Pre-2004 Recodification Citation: 33-4-10-1.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-49-15.5 — Indiana Code / Title 33 / Article 33 / Chapter 49 / Section 33-33-49-15.5
Commissioners and magistrates; hiring and employment
Status: in_force

Sec. 15.5. (a) A commissioner or magistrate of the superior court shall be hired in a manner prescribed by the executive committee.

(b) Commissioners and magistrates:

(1) serve the entire superior court and not just the individual judge or judges to whom a commissioner or magistrate may be assigned; and

(2) shall be available to serve any division or judge of the superior court as needed to ensure efficient administration of justice.

(c) The executive committee has final authority for all employment decisions regarding commissioners or magistrates and shall establish procedures to carry out duties under this subsection. Employment decisions include the following:

(1) Hiring.

(2) Appointments and assignments.

(3) Performance review.

(4) Disciplinary matters.

(5) Termination.

(d) Prior to making an employment decision under subsection (c)(3) through (c)(5), the executive committee shall consult with any judge to whom the commissioner or magistrate has been assigned and shall give consideration to the opinion of the judge. When completing a performance review, the executive committee:

(1) shall obtain information from sitting judges and court staff; and

(2) may obtain information from attorneys who have appeared before the commissioner or magistrate;

and may consider the information obtained under subdivisions (1) and (2).

(e) Nothing in this section shall be construed to limit or modify the powers and duties of magistrates as prescribed under IC 33-23-5. The hiring and employment procedures established by this section shall apply to all commissioners or magistrates appointed under this chapter.

As added by P.L.76-2026, SEC.15.
Ind. Code § 33-33-18-7 — Indiana Code / Title 33 / Article 33 / Chapter 18 / Section 33-33-18-7
Personnel
Status: in_force

Sec. 7. (a) Each judge of the Delaware circuit court may, subject to the budget approved for the court by the fiscal body of Delaware County, employ personnel necessary for the proper administration of the judge's docket.

(b) Personnel employed under this section:

(1) include court reporters, bailiffs, clerical staff, and any additional officers necessary for the proper administration of the court; and

(2) are subject to the rules concerning employment and management of court personnel adopted by the court under section 6 of this chapter.

(c) A commissioner is entitled to practice law in any division of the court in which the commissioner does not have appointive judicial authority. A commissioner has judicial authority only in the division of the court presided over by the judge who appointed the commissioner.

[Pre-2004 Recodification Citation: 33-4-12-6.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-10-5 — Indiana Code / Title 33 / Article 33 / Chapter 10 / Section 33-33-10-5
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-10-5.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-38-11-8 — Indiana Code / Title 33 / Article 38 / Chapter 11 / Section 33-38-11-8
Judicial mandate
Status: in_force

Sec. 8. A temporary judge has no power of judicial mandate.

[Pre-2004 Recodification Citation: 33-13-16-8.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-32-4-2 — Indiana Code / Title 33 / Article 32 / Chapter 4 / Section 33-32-4-2
"Indiana support enforcement tracking system (ISETS)"
Status: in_force

Sec. 2. (a) As used in this chapter, "Indiana support enforcement tracking system (ISETS)" refers to the statewide automated system for the collection, disbursement, and distribution of child support payments established by the department of child services.

(b) As used in this chapter, "successor statewide automated support enforcement system" means a statewide automated system for the collection, disbursement, and distribution of child support payments established by the department of child services.

[Pre-2004 Recodification Citation: 33-17-1-4.]

As added by P.L.98-2004, SEC.11. Amended by P.L.145-2006, SEC.365; P.L.128-2012, SEC.177.
Ind. Code § 33-33-83-1 — Indiana Code / Title 33 / Article 33 / Chapter 83 / Section 33-33-83-1
Judicial circuit; small claims and misdemeanor division
Status: in_force

Sec. 1. (a) Vermillion County constitutes the forty-seventh judicial circuit.

(b) The Vermillion circuit court has a standard small claims and misdemeanor division.

[Pre-2004 Recodification Citation: 33-4-1-83.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-44-7-12 — Indiana Code / Title 33 / Article 44 / Chapter 7 / Section 33-44-7-12
Contracts; award of grants
Status: in_force

Sec. 12. The board shall periodically:

(1) enter into contracts with; and

(2) award grants to;

qualified legal services providers, law school clinics, and programs or projects in the public interest that assist in the improvement of the administration of justice to carry out the purpose of the fund.

[Pre-2004 Recodification Citation: 33-20-7-12.]

As added by P.L.98-2004, SEC.23.
Ind. Code § 33-38-4-1 — Indiana Code / Title 33 / Article 38 / Chapter 4 / Section 33-38-4-1
Appointment
Status: in_force

Sec. 1. The judge of the circuit court in a county having a population of at least four hundred thousand (400,000) may appoint a chief clerk for the court.

[Pre-2004 Recodification Citation: 33-13-6-1.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-31-1-4 — Indiana Code / Title 33 / Article 31 / Chapter 1 / Section 33-31-1-4
Clerk; sheriff
Status: in_force

Sec. 4. The clerk of the circuit court and the sheriff of the county where the court is organized shall be the clerk and sheriff of the probate court. The clerk and the sheriff are each entitled to fees for their services as are allowed in the circuit court for similar services.

[Pre-2004 Recodification Citation: 33-8-2-4.]

As added by P.L.98-2004, SEC.10.
Ind. Code § 33-42-0.5-27 — Indiana Code / Title 33 / Article 42 / Chapter 0.5 / Section 33-42-0.5-27
"Remote notary public"
Status: in_force

Sec. 27. "Remote notary public" means a notary public who is authorized by the secretary of state to perform a remote notarial act under IC 33-42-17.

As added by P.L.59-2018, SEC.34.
Ind. Code § 33-33-45-13 — Indiana Code / Title 33 / Article 33 / Chapter 45 / Section 33-33-45-13
Location of court sessions
Status: in_force

Sec. 13. The court shall hold continuous sessions in places in Lake County as the court periodically determines. The board of county commissioners of Lake County shall:

(1) provide and maintain:

(A) suitable and convenient courtrooms for the holding of the court, together with suitable and convenient jury rooms and offices for the judges and other court officers and personnel; and

(B) other facilities as may be necessary; and

(2) provide all necessary furniture and equipment for rooms and offices of the court.

[Pre-2004 Recodification Citation: 33-5-29.5-9.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-78-13 — Indiana Code / Title 33 / Article 33 / Chapter 78 / Section 33-33-78-13
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-37.7-3.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.127-2008, SEC.21.
Ind. Code § 33-37-4-2 — Indiana Code / Title 33 / Article 37 / Chapter 4 / Section 33-37-4-2
Infraction or ordinance violation costs fee; additional fees
Status: in_force

Sec. 2. (a) Except as provided in subsections (d) and (e), for each action that results in a judgment:

(1) for a violation constituting an infraction; or

(2) for a violation of an ordinance of a municipal corporation (as defined in IC 36-1-2-10);

the clerk shall collect from the defendant an infraction or ordinance violation costs fee of seventy dollars ($70).

(b) In addition to the infraction or ordinance violation costs fee collected under this section, the clerk shall collect from the defendant the following fees, if they are required under IC 33-37-5:

(1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or IC 33-37-5-4).

(2) An alcohol and drug services program fee (IC 33-37-5-8(b)).

(3) A law enforcement continuing education program fee (IC 33-37-5-8(c)).

(4) An alcohol and drug countermeasures fee (IC 33-37-5-10).

(5) A highway worksite fee (IC 33-37-5-14).

(6) A deferred prosecution fee (IC 33-37-5-17).

(7) A jury fee (IC 33-37-5-19).

(8) A document storage fee (IC 33-37-5-20).

(9) An automated record keeping fee (IC 33-37-5-21).

(10) A late payment fee (IC 33-37-5-22).

(11) A public defense administration fee (IC 33-37-5-21.2).

(12) A judicial insurance adjustment fee (IC 33-37-5-25).

(13) A judicial salaries fee (IC 33-37-5-26).

(14) A court administration fee (IC 33-37-5-27).

(15) A DNA sample processing fee (IC 33-37-5-26.2).

(c) The clerk shall transfer to the county auditor or fiscal officer of the municipal corporation the following fees, not later than thirty (30) days after the fees are collected:

(1) The alcohol and drug services program fee (IC 33-37-5-8(b)).

(2) The law enforcement continuing education program fee (IC 33-37-5-8(c)).

(3) The deferral program fee (subsection (e)).

The auditor or fiscal officer shall deposit the fees in the user fee fund established under IC 33-37-8.

(d) The defendant is not liable for any ordinance violation costs fee in an action if all the following apply:

(1) The defendant was charged with an ordinance violation subject to IC 33-36.

(2) The defendant denied the violation under IC 33-36-3.

(3) Proceedings in court against the defendant were initiated under IC 34-28-5 (or IC 34-4-32 before its repeal).

(4) The defendant was tried and the court entered judgment for the defendant for the violation.

(e) Instead of the infraction or ordinance violation costs fee prescribed by subsection (a), except for the automated record keeping fee (IC 33-37-5-21), the clerk shall collect a deferral program fee if an agreement between a prosecuting attorney or an attorney for a municipal corporation and the person charged with a violation entered into under IC 34-28-5-1 (or IC 34-4-32-1 before its repeal) requires payment of those fees by the person charged with the violation. The deferral program fee is:

(1) an initial user's fee not to exceed fifty-two dollars ($52); and

(2) a monthly user's fee not to exceed ten dollars ($10) for each month the person remains in the deferral program.

(f) The fees prescribed by this section are costs for purposes of IC 34-28-5-5 and may be collected from a defendant against whom judgment is entered. Any penalty assessed is in addition to costs.

[Pre-2004 Recodification Citations: 33-19-4-2; 33-19-5-2.]

As added by P.L.98-2004, SEC.16. Amended by P.L.85-2004, SEC.17; P.L.95-2004, SEC.5; P.L.2-2005, SEC.101; P.L.176-2005, SEC.5; P.L.182-2009(ss), SEC.393; P.L.85-2017, SEC.109; P.L.120-2023, SEC.7.
Ind. Code § 33-33-11-2 — Indiana Code / Title 33 / Article 33 / Chapter 11 / Section 33-33-11-2
Establishment of standard superior court
Status: in_force

Sec. 2. (a) There is established a court of record to be known as the Clay superior court.

(b) The Clay superior court is a standard superior court as described in IC 33-29-1.

(c) Clay County comprises the judicial district of the superior court.

[Pre-2004 Recodification Citation: 33-5-10.5-1.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-38-9-3 — Indiana Code / Title 33 / Article 38 / Chapter 9 / Section 33-38-9-3
Judicial conference; membership
Status: in_force

Sec. 3. (a) The judicial conference of Indiana is established.

(b) The membership of the judicial conference consists of the following:

(1) All justices of the supreme court.

(2) All judges of the court of appeals.

(3) The judge of the tax court.

(4) All circuit, superior, and probate court judges.

(5) Certified senior judges.

(c) A full-time magistrate under IC 33-23-5 and a Marion County small claims court judge under IC 33-34 are nonvoting members of the conference.

[Pre-2004 Recodification Citation: 33-13-14-1.]

As added by P.L.98-2004, SEC.17. Amended by P.L.201-2011, SEC.104; P.L.161-2018, SEC.93.
Ind. Code § 33-33-10-8 — Indiana Code / Title 33 / Article 33 / Chapter 10 / Section 33-33-10-8
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-10-13.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-32-2-3 — Indiana Code / Title 33 / Article 32 / Chapter 2 / Section 33-32-2-3
Bond
Status: in_force

Sec. 3. In the manner prescribed by IC 5-4-1, the clerk of each county shall execute a bond conditioned upon:

(1) the faithful discharge of the duties of the clerk's office; and

(2) the proper payment of all money received by the office of the clerk.

[Pre-2004 Recodification Citation: 33-17-1-3.]

As added by P.L.98-2004, SEC.11.
Ind. Code § 33-22-1-2 — Indiana Code / Title 33 / Article 22 / Chapter 1 / Section 33-22-1-2
Purpose of recodification
Status: in_force

Sec. 2. The purpose of the recodification act of the 2004 regular session of the general assembly is to recodify prior law in a style that is clear, concise, and easy to interpret and apply. Except to the extent that:

(1) the recodification act of the 2004 regular session of the general assembly is amended to reflect the changes made in a provision of another bill that adds to, amends, or repeals a provision in the recodification act of the 2004 regular session of the general assembly; or

(2) the minutes of meetings of the code revision commission during 2003 expressly indicate a different purpose;

the substantive operation and effect of the prior law continue uninterrupted as if the recodification act of the 2004 regular session of the general assembly had not been enacted.

[2004 Recodification Citation: New.]

As added by P.L.98-2004, SEC.1.
Ind. Code § 33-38-6-11 — Indiana Code / Title 33 / Article 38 / Chapter 6 / Section 33-38-6-11
"Services"
Status: in_force

Sec. 11. As used in this chapter, "services" means the period beginning on the first day a person first becomes a judge or, after December 31, 2010, a judge or full-time magistrate, and ending on the date under consideration and includes all intervening employment as a judge or, after December 31, 2010, a judge or full-time magistrate.

[Pre-2004 Recodification Citation: 33-13-8-2.]

As added by P.L.98-2004, SEC.17. Amended by P.L.122-2008, SEC.7.
Ind. Code § 33-23-2-3 — Indiana Code / Title 33 / Article 23 / Chapter 2 / Section 33-23-2-3
Judge's time and attendance; judicial circuit of two or more courts
Status: in_force

Sec. 3. If a judicial circuit consists of two (2) or more courts, the judge of the circuit shall divide the judge's time and the attendance in each court as the business of the courts requires.

[Pre-2004 Recodification Citation: 33-1-6-2.]

As added by P.L.98-2004, SEC.2.
Ind. Code § 33-37-12-3 — Indiana Code / Title 33 / Article 37 / Chapter 12 / Section 33-37-12-3
Administrative fee
Status: in_force

Sec. 3. (a) The clerk may retain as an administrative fee an amount of up to three dollars ($3) from the excess amount collected by the clerk under section 2 of this chapter.

(b) The clerk shall deposit the amount retained as an administrative fee under subsection (a) in the clerk's record perpetuation fund established under IC 33-37-5-2.

As added by P.L.78-2014, SEC.17. Amended by P.L.106-2022, SEC.10.
Ind. Code § 33-28-5-5 — Indiana Code / Title 33 / Article 28 / Chapter 5 / Section 33-28-5-5
"Master list" defined
Status: in_force

Sec. 5. As used in this chapter, "master list" means a form of record that contains the current lists approved by the supreme court that may be used to select prospective jurors.

[Pre-2004 Recodification Citation: 33-4-11-5.]

As added by P.L.98-2004, SEC.7. Amended by P.L.80-2006, SEC.6; P.L.118-2007, SEC.6.
Ind. Code § 33-33-45-25 — Indiana Code / Title 33 / Article 33 / Chapter 45 / Section 33-33-45-25
Incumbent judges; retention; election
Status: in_force

Sec. 25. (a) At the general election immediately preceding the expiration of a judge's extended term, the question of that judge's retention in office or rejection shall be submitted to the electorate of Lake County under section 42 of this chapter. Thereafter, unless rejected by the electorate, each judge shall serve successive terms as provided in section 41(b) of this chapter.

(b) A judge of the county division serving on June 30, 2011, is subject to the question of the judge's retention in office or rejection as provided in subsection (a) at the expiration of the judge's term of office under the law in effect on June 30, 2011.

[Pre-2004 Recodification Citation: 33-5-29.5-26.]

As added by P.L.98-2004, SEC.12. Amended by P.L.201-2011, SEC.61.
Ind. Code § 33-24-9-2 — Indiana Code / Title 33 / Article 24 / Chapter 9 / Section 33-24-9-2
Endorsement on writ; levy on property on principal or surety
Status: in_force

Sec. 2. (a) Before delivering a writ for the collection of fees, costs, or execution to the proper officer, the clerk of the supreme court shall endorse on the writ which of the parties is the principal and which is the surety in the writ.

(b) The officer responsible for enforcement of the writ shall first levy upon the property of the principal in the writ. To the extent that sufficient property of the principal cannot be found, the officer shall, without delay, levy the writ upon the property of the surety or sureties, and proceed to sell that property as in other cases.

[Pre-2004 Recodification Citation: 33-15-6-2.]

As added by P.L.98-2004, SEC.3.
Ind. Code § 33-33-35-2 — Indiana Code / Title 33 / Article 33 / Chapter 35 / Section 33-33-35-2
Establishment of standard superior court
Status: in_force

Sec. 2. (a) There is established a court of record to be known as the Huntington superior court.

(b) Except as otherwise provided in this chapter, the Huntington superior court is a standard superior court as described in IC 33-29-1.

(c) Huntington County comprises the judicial district of the court.

[Pre-2004 Recodification Citation: 33-5-25.3-1.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-42-0.5-26 — Indiana Code / Title 33 / Article 42 / Chapter 0.5 / Section 33-42-0.5-26
"Remote notarial act"
Status: in_force

Sec. 26. "Remote notarial act" means a notarial act described in section 18(1) through 18(5) of this chapter:

(1) performed through audio visual communication; and

(2) involving an electronic record.

As added by P.L.59-2018, SEC.33.
Ind. Code § 33-38-6-2 — Indiana Code / Title 33 / Article 38 / Chapter 6 / Section 33-38-6-2
"Board"
Status: in_force

Sec. 2. As used in this chapter, "board" refers to the board of trustees of the Indiana public retirement system established by IC 5-10.5-3-1.

[Pre-2004 Recodification Citation: 33-13-8-2.]

As added by P.L.98-2004, SEC.17. Amended by P.L.23-2011, SEC.23.
Ind. Code § 33-27-2-8 — Indiana Code / Title 33 / Article 27 / Chapter 2 / Section 33-27-2-8
Staff duties
Status: in_force

Sec. 8. (a) The staff of the judicial nominating commission shall make the findings of fact concerning individuals eligible to fill a vacancy in a judicial office as the commission directs.

(b) The staff shall compile biographical sketches of each nominee running for election to the judicial nominating commission. The information compiled shall be submitted to the clerk of the supreme court for distribution, along with the ballots, to qualified electors. The biographical sketches prepared under this subsection must include the following information for each nominee:

(1) Name and address.

(2) Legal background, including:

(A) type of practice;

(B) law firm; and

(C) law school year of graduation, honors, other pertinent information.

(3) General educational background.

(4) A short statement by the nominee stating the nominee's efforts and achievements in bringing about improvement and betterment of the administration of justice.

(5) Public offices or positions, including:

(A) all public salaried positions; and

(B) all services contributed to a public or charitable organization.

(6) Business and civic affairs.

(7) Any other pertinent information that the commission considers important.

(c) The staff shall carry out any other duties assigned to it by the general assembly and by the judicial nominating commission when acting in that capacity and in its capacity as the commission on judicial qualifications.

[Pre-2004 Recodification Citation: 33-2.1-4-13.]

As added by P.L.98-2004, SEC.6. Amended by P.L.33-2021, SEC.2.
Ind. Code § 33-23-5-10 — Indiana Code / Title 33 / Article 23 / Chapter 5 / Section 33-23-5-10
Salary
Status: in_force

Sec. 10. A magistrate is entitled to an annual salary equal to eighty percent (80%) of the salary of a judge under IC 33-38-5-6.

[Pre-2004 Recodification Citation: 33-4-7-9.1.]

As added by P.L.98-2004, SEC.2.
Ind. Code § 33-28-1-10 — Indiana Code / Title 33 / Article 28 / Chapter 1 / Section 33-28-1-10
Sheriff or coroner absent or incapacitated; appointment of elisor
Status: in_force

Sec. 10. If, at any time both the sheriff and the coroner are unable to attend, or if the sheriff and coroner are both incapacitated from serving, the board of county commissioners may appoint an elisor to serve during the pendency of the matter in which the sheriff and coroner are disabled from serving.

[Pre-2004 Recodification Citation: 33-4-2-11.]

As added by P.L.98-2004, SEC.7.
Ind. Code § 33-38-9-9 — Indiana Code / Title 33 / Article 38 / Chapter 9 / Section 33-38-9-9
Administration of alcohol and drug services programs; certification of problem solving courts
Status: in_force

Sec. 9. The office of judicial administration shall administer the following:

(1) The alcohol and drug services program under IC 12-23-14.

(2) The certification of problem solving courts under IC 33-23-16.

[Pre-2004 Recodification Citation: 33-13-14-7.]

As added by P.L.98-2004, SEC.17. Amended by P.L.60-2006, SEC.7; P.L.108-2010, SEC.6; P.L.62-2016, SEC.2; P.L.161-2018, SEC.98.
Ind. Code § 33-39-7-13 — Indiana Code / Title 33 / Article 39 / Chapter 7 / Section 33-39-7-13
Withdrawals; rejoining fund if participant returns to service
Status: in_force

Sec. 13. (a) A participant who:

(1) ceases service in a position described in section 8 of this chapter, other than by death or disability; and

(2) is not eligible for a retirement benefit under this chapter;

is entitled to withdraw from the fund, beginning on the date specified by the participant in a written application. The date upon which the withdrawal begins may not be before the date of final termination of employment or the date thirty (30) days before the receipt of the application by the board. Upon withdrawal the participant is entitled to receive the total sum contributed plus interest at a rate specified by rule by the board, payable not later than sixty (60) days from the date of the withdrawal application.

(b) Notwithstanding section 8 of this chapter, a participant who withdraws from the fund under subsection (a) and becomes a participant again at a later date is not entitled to service credit for years of service before the withdrawal, unless the participant pays into the fund the full amount received by the participant when the participant withdrew from the fund, plus interest at a rate specified by rule by the board. The board shall grant a participant service credit for years of service by the participant before the participant's withdrawal from the fund if the participant makes the repayment required by this subsection in a lump sum or a series of payments determined by the board, not exceeding five (5) annual installments.

[Pre-2004 Recodification Citation: 33-14-9-12.]

As added by P.L.98-2004, SEC.18. Amended by P.L.16-2011, SEC.9; P.L.54-2013, SEC.3.
Ind. Code § 33-38-11-11 — Indiana Code / Title 33 / Article 38 / Chapter 11 / Section 33-38-11-11
Scope of service
Status: in_force

Sec. 11. A temporary judge appointed under this chapter may serve even though the judge of the court is present and presiding in the court.

[Pre-2004 Recodification Citation: 33-13-16-11.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-34-5-7 — Indiana Code / Title 33 / Article 34 / Chapter 5 / Section 33-34-5-7
Obligation of low caseload court judge to assist other judges
Status: in_force

Sec. 7. (a) Before the first day of each month, the judge of a low caseload court (as defined in IC 33-34-8-5 and IC 33-34-8-5.1) shall identify to the presiding judge of the small claims courts five (5) days during the month in which the judge of the low caseload court will be available to assist the judges of the other small claims courts with their judicial duties.

(b) Upon request of the judge of a court that is not a low caseload court, the presiding judge may assign the judge of a low caseload court to assist the judge of the other court with the judge's judicial duties during one (1) or more of the five (5) days that the judge of the low caseload court has indicated that he or she will be available.

(c) The judge of a low caseload court shall comply with an assignment made by the presiding judge under this section.

(d) At the time the presiding judge makes an assignment under this section, the presiding judge shall inform the circuit court judge in writing of the assignment. The circuit court judge has the authority to enforce the presiding judge's assignment under this section.

As added by P.L.170-2015, SEC.12.
Ind. Code § 33-33-10-2.5 — Indiana Code / Title 33 / Article 33 / Chapter 10 / Section 33-33-10-2.5
Expired
Status: repealed

As added by P.L.201-2011, SEC.35. Amended by P.L.138-2020, SEC.3. Expired 1-1-2025 by P.L.138-2020, SEC.3.
Ind. Code § 33-31-1-13 — Indiana Code / Title 33 / Article 31 / Chapter 1 / Section 33-31-1-13
Compensation of judge pro tem
Status: in_force

Sec. 13. (a) When a person is appointed judge pro tem under this chapter, the appointee is entitled to ten dollars ($10) for each day the appointee serves as the judge to be paid:

(1) out of the county treasury of the county where the probate court is held;

(2) upon the warrant of the county auditor; and

(3) based upon the filing of a claim approved by the judge of the court.

(b) Any amount more than five hundred dollars ($500) allowed to a judge pro tem during any year shall be deducted by the board of county commissioners from the regular annual salary of the judge of the probate court making the appointment unless the judge pro tem is appointed on account of change of venue, relationship, interest as former counsel, or absence of judge in case of serious sickness of the judge or a family member of the judge.

[Pre-2004 Recodification Citation: 33-8-2-14.]

As added by P.L.98-2004, SEC.10.
Ind. Code § 33-33-55-5 — Indiana Code / Title 33 / Article 33 / Chapter 55 / Section 33-33-55-5
Judges
Status: in_force

Sec. 5. The Morgan superior court has three (3) judges.

[Pre-2004 Recodification Citation: 33-5-37-1.]

As added by P.L.98-2004, SEC.12. Amended by P.L.161-2011, SEC.11; P.L.201-2011, SEC.80.
Ind. Code § 33-42-5-1 — Indiana Code / Title 33 / Article 42 / Chapter 5 / Section 33-42-5-1
Authorization; recording
Status: in_force

Sec. 1. A township trustee may perform any act that a notary public may perform in Indiana. Acknowledgments to deeds or other instruments taken by a trustee shall be recorded as if the acknowledgments had been acknowledged before a notary public.

[Pre-2004 Recodification Citation: 33-16-8-1.]

As added by P.L.98-2004, SEC.21.
Ind. Code § 33-24-4-4 — Indiana Code / Title 33 / Article 24 / Chapter 4 / Section 33-24-4-4
Entry of allowance on order book; warrant for payment
Status: in_force

Sec. 4. An allowance made under section 3 of this chapter shall be entered on the order book of the supreme court. Upon receipt of a certified transcript of the allowance that is signed by a justice of the supreme court and attested by the seal of the court, the state comptroller shall issue a warrant for the allowance to the treasurer of state.

[Pre-2004 Recodification Citation: 33-15-1-4.]

As added by P.L.98-2004, SEC.3. Amended by P.L.9-2024, SEC.500.
Ind. Code § 33-33-28-2 — Indiana Code / Title 33 / Article 33 / Chapter 28 / Section 33-33-28-2
Establishment of standard superior court
Status: in_force

Sec. 2. (a) There is established a court of record to be known as the Greene superior court.

(b) The Greene superior court is a standard superior court as described in IC 33-29-1.

(c) Greene County comprises the judicial district of the court.

[Pre-2004 Recodification Citation: 33-5-19.5-1.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-27-3-3 — Indiana Code / Title 33 / Article 27 / Chapter 3 / Section 33-27-3-3
Withdrawal or death of nominees; multiple vacancies
Status: in_force

Sec. 3. If a nominee dies or requests in writing that the nominee's name be withdrawn, the commission shall nominate another person to replace the nominee from the list of nominees previously provided. Whenever two (2) or more vacancies exist, the commission shall nominate three (3) different persons for each vacancy and submit a list of the persons nominated to the governor.

[Pre-2004 Recodification Citation: 33-2.1-4-9.]

As added by P.L.98-2004, SEC.6.
Ind. Code § 33-33-25-5 — Indiana Code / Title 33 / Article 33 / Chapter 25 / Section 33-33-25-5
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-10.9-11.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-23-3-3 — Indiana Code / Title 33 / Article 23 / Chapter 3 / Section 33-23-3-3
Service of senior judge
Status: in_force

Sec. 3. (a) A senior judge:

(1) exercises the jurisdiction granted to the court served by the senior judge;

(2) may serve as a domestic relations mediator, subject to the code of judicial conduct;

(3) serves at the pleasure of the supreme court; and

(4) serves in accordance with rules adopted by the supreme court under IC 33-24-3-7.

A senior judge serving as a domestic relations mediator is not entitled to reimbursement or a per diem under section 5 of this chapter. A senior judge serving as a domestic relations mediator may receive compensation from the alternative dispute resolution fund under IC 33-23-6 in accordance with the county domestic relations alternative dispute resolution plan.

(b) A senior judge appointed to serve in a county that has:

(1) a probate court;

(2) a circuit court; or

(3) a superior court judge;

may, with the consent of the probate court judge, the circuit court judge, or any judge of a superior court in the county, sit as the judge of the consenting judge's court in any matter as if the senior judge were the elected judge or appointed judge of the court.

[Pre-2004 Recodification Citation: 33-4-8-3.]

As added by P.L.98-2004, SEC.2. Amended by P.L.22-2016, SEC.1.
Ind. Code § 33-33-55-6 — Indiana Code / Title 33 / Article 33 / Chapter 55 / Section 33-33-55-6
Location of court sessions
Status: in_force

Sec. 6. The Morgan superior court shall hold its sessions in the Morgan County courthouse in Martinsville.

[Pre-2004 Recodification Citation: 33-5-37-4.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-40-2-4 — Indiana Code / Title 33 / Article 40 / Chapter 2 / Section 33-40-2-4
Fees; payment
Status: in_force

Sec. 4. All fees for services rendered by the state public defender or any of the state public defender's deputies under this chapter shall be paid directly to the state treasurer, to be expended for any necessary expenses of the office of the state public defender, including salaries of the necessary deputies, in addition to the state general funds otherwise appropriated by the general assembly for the payment of the expenses.

[Pre-2004 Recodification Citation: 33-9-11-4.]

As added by P.L.98-2004, SEC.19.
Ind. Code § 33-33-71-40 — Indiana Code / Title 33 / Article 33 / Chapter 71 / Section 33-33-71-40
Appointment to fill vacancies
Status: in_force

Sec. 40. (a) A vacancy occurring in the St. Joseph superior court shall be filled by appointment of the governor from a list of nominees presented to the governor by the judicial nominating commission. If the governor fails to make an appointment from the list within sixty (60) days from the day it is presented to the governor, the appointment shall be made by the chief justice or the acting chief justice of Indiana from the same list presented to the governor.

(b) The governor shall make all appointments to the St. Joseph superior court without regard to the political affiliation of any of the nominees submitted to the governor. In the interest of justice, the governor shall consider only those qualifications of the nominees included in section 37 of this chapter.

(c) If the St. Joseph County judicial nominating commission, by a vote of any five (5) of its voting members, determines that, of the persons considered for any existing or expected vacancy in the St. Joseph superior court, less than five (5) are qualified for judicial office, within the scope of this chapter, the commission shall certify that determination to the governor together with the name or names of the person or persons found to be qualified under this chapter. In that event, the governor, chief justice, or acting chief justice shall make the selection or, if only one (1) name is submitted, make the appointment.

[Pre-2004 Recodification Citation: 33-5-40-44.]

As added by P.L.98-2004, SEC.12. Amended by P.L.204-2021, SEC.19.
Ind. Code § 33-34-3-7 — Indiana Code / Title 33 / Article 34 / Chapter 3 / Section 33-34-3-7
Rules of practice
Status: in_force

Sec. 7. A simplified procedure shall be established by rule to enable any person, including the state, to:

(1) file the necessary papers; and

(2) present the person's case in court;

either to seek or to defend against a small claim without consulting or being represented by an attorney.

[Pre-2004 Recodification Citation: 33-11.6-4-6.]

As added by P.L.98-2004, SEC.13.
Ind. Code § 33-31-1-12 — Indiana Code / Title 33 / Article 31 / Chapter 1 / Section 33-31-1-12
Appointment of temporary judge
Status: in_force

Sec. 12. (a) If the judge of the probate court is unable to attend and preside at any term of the court, or during any part of a term, the judge may appoint, in writing, an attorney eligible to the office of the judge, at the term or part of the term.

(b) A written appointment shall be entered of record in the court.

(c) If the appointee is not a judge of a court of record, the appointee shall take the same oath required by law of judges of the probate court.

(d) The appointee has the same power and authority during the continuance of the appointment of the judge as a regularly elected judge of the court.

[Pre-2004 Recodification Citation: 33-8-2-13.]

As added by P.L.98-2004, SEC.10.
Ind. Code § 33-23-13-5 — Indiana Code / Title 33 / Article 23 / Chapter 13 / Section 33-23-13-5
Right to select defense counsel; responsibility for civil damages
Status: in_force

Sec. 5. This chapter does not:

(1) deprive a judge or prosecuting attorney of the judge's or prosecuting attorney's right to select defense counsel of the judge's or prosecuting attorney's own choice at the judge's or prosecuting attorney's own expense; or

(2) relieve a prosecuting attorney from responsibility for civil damages.

[Pre-2004 Recodification Citation: 33-2.1-9-3.]

As added by P.L.98-2004, SEC.2.
Ind. Code § 33-33-33-5 — Indiana Code / Title 33 / Article 33 / Chapter 33 / Section 33-33-33-5
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-21-14.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-39-4-2 — Indiana Code / Title 33 / Article 39 / Chapter 4 / Section 33-39-4-2
Jurisdiction to investigate; county where offense discovered; modified by agreement
Status: in_force

Sec. 2. (a) If the place of trial for commission of an offense, as determined under IC 35-32-2-1, would potentially require a choice between or among counties, the coroner and law enforcement officers of the county where the offense is discovered have jurisdiction to investigate the offense.

(b) This section may be modified by agreement between or among the prosecuting attorneys of the counties involved.

[Pre-2004 Recodification Citation: 33-14-6-2.]

As added by P.L.98-2004, SEC.18.
Ind. Code § 33-44-7-3 — Indiana Code / Title 33 / Article 44 / Chapter 7 / Section 33-44-7-3
Deposit of interest remitted
Status: in_force

Sec. 3. The board shall deposit the interest remitted under IC 33-44-6-4 into the fund.

[Pre-2004 Recodification Citation: 33-20-7-3.]

As added by P.L.98-2004, SEC.23.
Ind. Code § 33-37-2-4 — Indiana Code / Title 33 / Article 37 / Chapter 2 / Section 33-37-2-4
Prosecution for offense by inmate of state penal institution; state's liability for costs
Status: in_force

Sec. 4. (a) The state shall pay all costs of trial in a prosecution for an offense committed:

(1) by an inmate of a state correctional facility; and

(2) in the county in which the correctional facility is located.

(b) The costs of trial to be paid under this section include:

(1) court fees; and

(2) expenses incurred by the county sheriff in returning the defendant to the jurisdiction of the court and keeping the defendant in custody until trial.

[Pre-2004 Recodification Citation: 33-19-2-4.]

As added by P.L.98-2004, SEC.16.
Ind. Code § 33-33-77-3 — Indiana Code / Title 33 / Article 33 / Chapter 77 / Section 33-33-77-3
Judge; location of court sessions
Status: in_force

Sec. 3. The Sullivan superior court has one (1) judge who shall hold sessions in:

(1) the Sullivan County courthouse in Sullivan; or

(2) other places in the county that the Sullivan County executive provides.

[Pre-2004 Recodification Citation: 33-5-40.5-7.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-39-7-5 — Indiana Code / Title 33 / Article 39 / Chapter 7 / Section 33-39-7-5
Fund
Status: in_force

Sec. 5. As used in this chapter, "fund" refers to the prosecuting attorneys retirement fund established by this chapter.

[Pre-2004 Recodification Citation: 33-14-9-4.]

As added by P.L.98-2004, SEC.18.
Ind. Code § 33-31-2-5 — Indiana Code / Title 33 / Article 31 / Chapter 2 / Section 33-31-2-5
Change of venue
Status: in_force

Sec. 5. There is no change of venue from the county as of right in cases on the small claims docket. However, a change of venue from the judge shall be granted as provided by statute and by rules of the supreme court.

As added by P.L.201-2011, SEC.30.
Ind. Code § 33-33-33-10 — Indiana Code / Title 33 / Article 33 / Chapter 33 / Section 33-33-33-10
Concerted action by judges; majority rules
Status: in_force

Sec. 10. When any action of the entire Henry circuit court is required, the judges of the circuit court shall act in concert. If the judges disagree, the decision of the majority of the judges present and voting controls.

As added by P.L.201-2011, SEC.53.
Ind. Code § 33-33-45-44 — Indiana Code / Title 33 / Article 33 / Chapter 45 / Section 33-33-45-44
Conditions of office; censure or removal; political party campaigning for or against removal
Status: in_force

Sec. 44. (a) A judge of the superior court may not during a term of office as judge of the superior court do any of the following:

(1) Engage in the practice of law.

(2) Run for elective office.

(3) Take part in any political campaign.

(b) Failure to comply with this section is sufficient cause for the commission on judicial qualifications to recommend to the supreme court that the judge be censured or removed.

(c) A political party may not directly or indirectly campaign for or against a judge subject to retention or rejection under this chapter.

[Pre-2004 Recodification Citation: 33-5-29.5-43.]

As added by P.L.98-2004, SEC.12. Amended by P.L.201-2011, SEC.66.
Ind. Code § 33-33-58-8 — Indiana Code / Title 33 / Article 33 / Chapter 58 / Section 33-33-58-8
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-37.7-9.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.127-2008, SEC.21.
Ind. Code § 33-31-2-8 — Indiana Code / Title 33 / Article 31 / Chapter 2 / Section 33-31-2-8
Court sessions
Status: in_force

Sec. 8. (a) The court shall provide by rule for an evening session to be held once each week.

(b) The court shall hold additional sessions in the evening and on holidays as necessary to ensure the just, speedy, and inexpensive determination of every action.

As added by P.L.201-2011, SEC.30.
Ind. Code § 33-23-5-13 — Indiana Code / Title 33 / Article 23 / Chapter 5 / Section 33-23-5-13
Participation in retirement systems
Status: in_force

Sec. 13. (a) Except as provided in subsection (b), a magistrate may:

(1) participate in the public employees' retirement fund as provided in IC 5-10.3; or

(2) elect to remain in the judges' retirement system under IC 33-38 if the magistrate had previously participated in the system.

(b) A person who:

(1) is serving as a full-time magistrate on July 1, 2010, and makes an election under IC 33-38-8-10.5; or

(2) begins serving as a full-time magistrate after July 1, 2010;

shall, beginning January 1, 2011, participate in the judges' 1985 benefit system under IC 33-38-8.

[Pre-2004 Recodification Citation: 33-4-7-12.]

As added by P.L.98-2004, SEC.2. Amended by P.L.122-2008, SEC.1.
Ind. Code § 33-42-5-5 — Indiana Code / Title 33 / Article 42 / Chapter 5 / Section 33-42-5-5
Prohibited acts
Status: in_force

Sec. 5. A trustee may not perform an act that is prohibited to a notary public.

[Pre-2004 Recodification Citation: 33-16-8-5.]

As added by P.L.98-2004, SEC.21.
Ind. Code § 33-37-10-3.5 — Indiana Code / Title 33 / Article 37 / Chapter 10 / Section 33-37-10-3.5
Witness fees; school employees
Status: in_force

Sec. 3.5. A witness in any civil or criminal action who is employed by a school in Indiana is entitled to the sum of the following if the witness is called to testify on a regular school day of the school district that employs the witness:

(1) An amount for mileage at the mileage rate paid to state officers for each mile necessarily traveled to and from the court.

(2) One hundred dollars ($100) for each day of attendance in court.

As added by P.L.41-2014, SEC.6.
Ind. Code § 33-33-44-5 — Indiana Code / Title 33 / Article 33 / Chapter 44 / Section 33-33-44-5
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-27.5-11.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-29-1-8 — Indiana Code / Title 33 / Article 29 / Chapter 1 / Section 33-29-1-8
Juries
Status: in_force

Sec. 8. (a) A jury in the standard superior court shall be selected as provided in IC 33-28-5.

(b) A grand jury selected for the circuit court of the county in which the standard superior court is located shall serve as the grand jury for the standard superior court.

[Pre-2004 Recodification Citation: Various 33-33 provisions.]

As added by P.L.98-2004, SEC.8. Amended by P.L.118-2007, SEC.22.
Ind. Code § 33-38-7-17 — Indiana Code / Title 33 / Article 38 / Chapter 7 / Section 33-38-7-17
Service credit; contributions after retirement for subsequent service as judge
Status: in_force

Sec. 17. (a) A judge is entitled to a month of service credit for services performed in any fraction of a calendar month. However, a judge is not entitled to more than one (1) month of credit for services performed in a calendar month.

(b) Except as otherwise provided in this chapter, if a judge is elected or appointed and serves one (1) or more terms or part of a term then retires from office but at a later period or periods is appointed or elected and serves as judge, the judge shall pay into the fund during all the periods served as judge, whether the periods are served consecutively or not.

(c) Except as otherwise provided in this chapter, a judge is not required to pay into the fund:

(1) at any time when the judge is not serving as judge; or

(2) during any period of service as a senior judge under IC 33-23-3.

[Pre-2004 Recodification Citation: 33-13-8-2.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-33-49-21 — Indiana Code / Title 33 / Article 33 / Chapter 49 / Section 33-33-49-21
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5.1-2-16.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.118-2007, SEC.38.
Ind. Code § 33-36-3-5 — Indiana Code / Title 33 / Article 36 / Chapter 3 / Section 33-36-3-5
Failure to appear or to satisfy assessed civil penalty; report; prosecution
Status: in_force

Sec. 5. (a) If a person:

(1) denies an ordinance or code violation under this article;

(2) fails to satisfy a civil penalty assessed by the violations clerk after having entered an admission of violation; or

(3) fails to deny or admit the violation under this article;

the clerk shall report this fact to the official having the responsibility to prosecute ordinance violation cases for the municipal corporation.

(b) Proceedings in court against the person shall then be initiated for the alleged ordinance violation.

[Pre-2004 Recodification Citation: 33-6-3-3.]

As added by P.L.98-2004, SEC.15.
Ind. Code § 33-23-18-5 — Indiana Code / Title 33 / Article 23 / Chapter 18 / Section 33-23-18-5
Hearing to determine referral to a treatment provider
Status: in_force

Sec. 5. (a) After reviewing the evaluation, recommendation, and explanation, and after determining that the person has not been charged with or convicted of a crime of violence, the court may set a hearing under IC 35-33-8-3.2 to determine whether the court should, as a condition of pretrial release, refer the adult to a treatment provider for appropriate:

(1) mental health or other treatment; and

(2) ancillary services.

(b) After reviewing the evaluation, recommendation, and explanation, and after determining that the adult has been charged with or convicted of a crime of violence but is eligible to receive mental health treatment, the court may refer the adult to a treatment provider for appropriate:

(1) mental health or other treatment; and

(2) ancillary services;

in a secure facility operated by the department of correction or operated or licensed by the division.

(c) A court may only refer a person who has been charged with or convicted of a crime of violence for treatment in a secure facility operated by the department of correction or operated or licensed by the division.

(d) In addition to or instead of referring an adult to a treatment provider under subsection (a) or (b), a court may order the adult transported for an immediate medical and psychological examination.

(e) A treatment provider shall provide the court with one (1) or more written reports concerning the progress of the referred adult:

(1) at least once every calendar month; or

(2) at an interval determined by the court.

(f) If criminal charges are pending against the qualified adult, the court may allow the person to participate in the referral program in accordance with section 6 or 7 of this chapter.

As added by P.L.205-2023, SEC.27.
Ind. Code § 33-33-79.3-6 — Indiana Code / Title 33 / Article 33 / Chapter 79.3 / Section 33-33-79.3-6
Bailiff and court reporter
Status: in_force

Sec. 6. The judge of the court shall appoint a bailiff and an official court reporter for the court. Their salaries shall be fixed in the same manner as the salaries of the bailiff and official court reporter for the Tippecanoe circuit court. Their salaries shall be paid monthly out of the treasury of Tippecanoe County as provided by law.

[Pre-2004 Recodification Citation: 33-5-42.1-5.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-38-15.2-1 — Indiana Code / Title 33 / Article 38 / Chapter 15.2 / Section 33-38-15.2-1
Judges pro tempore; circuit courts, superior courts, probate court
Status: in_force

Sec. 1. A judge pro tempore serving in a county that has:

(1) a probate court;

(2) a circuit court; or

(3) a superior court judge;

may, with the consent of the probate court judge, the circuit court judge, or any judge of a superior court in the county, sit as the judge of the consenting judge's court in any matter as if the judge pro tempore were the elected judge or appointed judge of the court.

As added by P.L.22-2016, SEC.2.
Ind. Code § 33-39-7-20 — Indiana Code / Title 33 / Article 39 / Chapter 7 / Section 33-39-7-20
Benefits payable to dependent children; eligibility; computation; distribution
Status: in_force

Sec. 20. (a) If:

(1) a participant's spouse does not survive the participant; and

(2) the participant did not designate one (1) or more of the participant's surviving dependent children to receive the benefit provided by section 19 of this chapter;

the participant's surviving dependent children are, upon the death of the participant, entitled to a benefit equal to the benefit the participant's spouse would have received under section 19 of this chapter.

(b) If a surviving spouse of a decedent participant dies and a dependent child of the surviving spouse and the decedent participant survives them, that dependent child is entitled to receive a benefit equal to the benefit the spouse was receiving or would have received under section 19 of this chapter.

(c) If there is more than one (1) dependent child, the dependent children are entitled to share the benefit equally.

(d) Each dependent child is entitled to receive that child's share until the child becomes eighteen (18) years of age or during the entire period of the child's physical or mental disability, whichever period is longer.

(e) Except as provided in subsection (f), benefits payable to a dependent child are reduced by the amount, if any, that is payable to the dependent child from the public employees' retirement fund after subtracting the participant's contributions and earnings attributable to the participant's contributions in the participant's annuity savings account.

(f) This subsection applies to a dependent child of a participant who is a member of the public employees' defined contribution plan established by IC 5-10.3-12-18. Benefits payable to a dependent child of a participant under this section are reduced by the actuarial equivalent of the pension portion of the retirement benefit, if any, that would be payable to the spouse (assuming the spouse would have had the same birth date as the participant) from the public employees' retirement fund under the joint and survivor option under IC 5-10.2-4-7, computed at fifty percent (50%) of the participant's decreased retirement benefit, if the participant had not made an election under IC 5-10.3-12-20 to become a member of the public employees' defined contribution plan.

[Pre-2004 Recodification Citation: 33-14-9-18.]

As added by P.L.98-2004, SEC.18. Amended by P.L.54-2013, SEC.7; P.L.160-2013, SEC.9; P.L.27-2019, SEC.27.
Ind. Code § 33-33-27-4 — Indiana Code / Title 33 / Article 33 / Chapter 27 / Section 33-33-27-4
Judge of superior court; term; election; vacancy
Status: in_force

Sec. 4. (a) The term of the judge of the Grant superior court is six (6) years beginning on the first day of January following the judge's election.

(b) The voters of Grant County every six (6) years at a general election shall elect a person as judge of the court.

[Pre-2004 Recodification Citation: 33-5-11-10.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-89.2-5 — Indiana Code / Title 33 / Article 33 / Chapter 89.2 / Section 33-33-89.2-5
Judicial district
Status: in_force

Sec. 5. The terms of the Wayne Superior Court No. 2 shall be held in a judicial district under IC 33-23-2.

[Pre-2004 Recodification Citation: 33-5-47-4.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-40-5-3.5 — Indiana Code / Title 33 / Article 40 / Chapter 5 / Section 33-40-5-3.5
Terms
Status: in_force

Sec. 3.5. (a) A legislative member of the commission serves a two (2) year term that expires June 30 of an odd-numbered year.

(b) A member of the commission appointed under section 2(b)(1) of this chapter serves an initial term that expires June 30, 2027, and a four (4) year term that expires each fourth year thereafter.

(c) A member of the commission appointed under section 2(b)(2) of this chapter serves an initial term that expires June 30, 2029, and a four (4) year term that expires each fourth year thereafter.

(d) A member of the commission appointed under section 2(b)(3) of this chapter serves an initial term that expires June 30, 2025, and a four (4) year term that expires each fourth year thereafter.

(e) A member of the commission serves at the pleasure of the appointing authority and may be reappointed to successive terms.

As added by P.L.42-2024, SEC.156. Amended by P.L.147-2025, SEC.5.
Ind. Code § 33-36-3-2 — Indiana Code / Title 33 / Article 36 / Chapter 3 / Section 33-36-3-2
Right to trial
Status: in_force

Sec. 2. A person charged with an ordinance or a code violation is entitled to a trial before a court as provided by law, unless the person waives the right to trial and enters an admission of the violation with the violations clerk. Upon an admission, the clerk shall assess and receive from the violator the amount prescribed by the schedule of civil penalties established under section 1 of this chapter.

[Pre-2004 Recodification Citation: 33-6-3-2.]

As added by P.L.98-2004, SEC.15.
Ind. Code § 33-40-3-2 — Indiana Code / Title 33 / Article 40 / Chapter 3 / Section 33-40-3-2
Appropriation
Status: in_force

Sec. 2. The fiscal body of the county shall appropriate money from the fund to supplement and provide court appointed legal services to qualified defendants.

[Pre-2004 Recodification Citation: 33-9-11.5-2.]

As added by P.L.98-2004, SEC.19.
Ind. Code § 33-38-4-5 — Indiana Code / Title 33 / Article 38 / Chapter 4 / Section 33-38-4-5
Appropriation
Status: in_force

Sec. 5. The county council of the county shall appropriate the money requested by the presiding judge of the circuit court for payment of the salary of the chief clerk, not exceeding the maximum amount of salary provided for by this section.

[Pre-2004 Recodification Citation: 33-13-6-1.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-33-87-22 — Indiana Code / Title 33 / Article 33 / Chapter 87 / Section 33-33-87-22
Location of court sessions
Status: in_force

Sec. 22. (a) Warrick superior court No. 1 and Warrick superior court No. 2 shall hold sessions in:

(1) the Warrick County courthouse in Boonville; or

(2) any other place in Warrick County as the board of county commissioners may provide.

(b) The board of county commissioners of Warrick County shall:

(1) provide and maintain a suitable and convenient courtroom for the holding of a superior court, suitable and convenient jury rooms, offices for the judges and official court reporters, and other facilities as may be necessary; and

(2) provide all the necessary furniture and equipment for the rooms and offices of a court.

(c) The county council shall appropriate sufficient funds for the rooms, facilities, furniture, and equipment.

[Pre-2004 Recodification Citation: 33-5-45.5-23.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-42-9-2 — Indiana Code / Title 33 / Article 42 / Chapter 9 / Section 33-42-9-2
Determination of identity of signatory; authenticity of copy
Status: in_force

Sec. 2. (a) A notarial officer who:

(1) takes an acknowledgment of a record;

(2) takes a verification of statement on an oath or affirmation; or

(3) attests or witnesses to a signature;

shall determine, from personal knowledge or satisfactory evidence, that the individual appearing before the notarial officer has the identity claimed and that the signature on the record is the signature of the individual.

(b) A notarial officer who attests to or certifies a copy of a record or item shall verify that the copy is an accurate, full, and true reproduction or transcription of the record or item.

As added by P.L.128-2017, SEC.18. Amended by P.L.59-2018, SEC.44.
Ind. Code § 33-38-14-33 — Indiana Code / Title 33 / Article 38 / Chapter 14 / Section 33-38-14-33
Subpoenas
Status: in_force

Sec. 33. (a) A master may issue a subpoena for:

(1) the attendance of witnesses;

(2) the production of documentary evidence; or

(3) discovery;

in a proceeding before the masters. The master shall serve the subpoena in the manner provided by law.

(b) The chairman of the commission may issue a subpoena for:

(1) the attendance of witnesses;

(2) the production of documentary evidence; or

(3) discovery;

in a proceeding before the commission or in which masters have not been appointed. The chairman shall serve the subpoena in the manner provided by law.

[Pre-2004 Recodification Citation: 33-2.1-6-27.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-33-18-3 — Indiana Code / Title 33 / Article 33 / Chapter 18 / Section 33-33-18-3
Presiding judge
Status: in_force

Sec. 3. The judges of the Delaware circuit court shall select from among themselves a presiding judge of the court. The presiding judge shall be selected for a minimum term of twelve (12) months.

[Pre-2004 Recodification Citation: 33-4-12-2.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-38-9-5 — Indiana Code / Title 33 / Article 38 / Chapter 9 / Section 33-38-9-5
Meetings of membership; committees; hearings; proposed legislation; review
Status: in_force

Sec. 5. (a) The entire membership of the judicial conference shall meet:

(1) at least once a year at a time and place to be fixed by the board of directors; and

(2) at other times as may be designated by the board of directors.

(b) The judicial conference may create committees either upon action of the board of directors or by majority vote of the members attending a meeting of the judicial conference. The judicial conference, the board of directors, or any committee of the judicial conference may hold hearings on any question related to the duties set out in section 6 of this chapter. A proposal for legislation relating to courts that is made by the judicial conference shall be presented to the office of judicial administration for study and recommendation by the office of judicial administration before being presented to the general assembly.

[Pre-2004 Recodification Citation: 33-13-14-3.]

As added by P.L.98-2004, SEC.17. Amended by P.L.161-2018, SEC.95.
Ind. Code § 33-33-49-32 — Indiana Code / Title 33 / Article 33 / Chapter 49 / Section 33-33-49-32
Appointment of magistrates; transfer of proceeding back to judge
Status: in_force

Sec. 32. (a) The executive committee may appoint twenty-eight (28) full-time magistrates under IC 33-23-5 after December 31, 2025, not more than fourteen (14) of whom may be from the same political party.

(b) The magistrates continue in office until removed in accordance with section 15.5 of this chapter.

(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.

[Pre-2004 Recodification Citation: 33-5.1-2-27.]

As added by P.L.98-2004, SEC.12. Amended by P.L.33-2005, SEC.1; P.L.80-2006, SEC.15; P.L.100-2013, SEC.1; P.L.173-2015, SEC.9; P.L.129-2017, SEC.2; P.L.53-2019, SEC.1; P.L.123-2021, SEC.9; P.L.76-2026, SEC.20.
Ind. Code § 33-38-14-20 — Indiana Code / Title 33 / Article 38 / Chapter 14 / Section 33-38-14-20
Evidence
Status: in_force

Sec. 20. The Indiana Rules of Evidence apply at a hearing before the commission or the masters.

[Pre-2004 Recodification Citation: 33-2.1-6-14.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-44-6-3 — Indiana Code / Title 33 / Article 44 / Chapter 6 / Section 33-44-6-3
Interest accrued by account; board ownership of beneficial interest
Status: in_force

Sec. 3. The board owns the beneficial interest in the interest accrued by an interest bearing attorney trust account of an attorney who is subject to this article.

[Pre-2004 Recodification Citation: 33-20-6-3.]

As added by P.L.98-2004, SEC.23.
Ind. Code § 33-33-78-2 — Indiana Code / Title 33 / Article 33 / Chapter 78 / Section 33-33-78-2
Judicial circuit
Status: in_force

Sec. 2. Switzerland County constitutes the ninety-first judicial circuit.

[Pre-2004 Recodification Citation: 33-4-1-78.]

As added by P.L.98-2004, SEC.12. Amended by P.L.127-2008, SEC.19; P.L.201-2011, SEC.90.
Ind. Code § 33-44-5-5 — Indiana Code / Title 33 / Article 44 / Chapter 5 / Section 33-44-5-5
Placement of funds; interest bearing attorney trust account
Status: in_force

Sec. 5. An attorney subject to this article shall place all qualified funds in an interest bearing attorney trust account.

[Pre-2004 Recodification Citation: 33-20-5-5.]

As added by P.L.98-2004, SEC.23.
Ind. Code § 33-42-0.5-21 — Indiana Code / Title 33 / Article 42 / Chapter 0.5 / Section 33-42-0.5-21
"Official seal"
Status: in_force

Sec. 21. (a) "Official seal" means either of the following:

(1) A physical image that is affixed to or embossed upon a tangible record.

(2) An electronic image that is attached to or associated with an electronic record.

(b) An "official seal" does not require the word "seal" to be contained within the physical or electronic image described in subsection (a).

As added by P.L.59-2018, SEC.28. Amended by P.L.130-2024, SEC.7.
Ind. Code § 33-38-13-35 — Indiana Code / Title 33 / Article 38 / Chapter 13 / Section 33-38-13-35
Exclusion
Status: in_force

Sec. 35. This chapter does not encroach upon or impair the vested rights of a justice or judge or the surviving spouse of a justice or judge under any constitutional or statutory retirement program.

[Pre-2004 Recodification Citation: 33-2.1-5-28.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-24-1-1 — Indiana Code / Title 33 / Article 24 / Chapter 1 / Section 33-24-1-1
Justices; quorum
Status: in_force

Sec. 1. (a) The supreme court consists of five (5) justices.

(b) Three (3) members of the supreme court constitute a quorum.

[Pre-2004 Recodification Citation: 33-2-1-1.]

As added by P.L.98-2004, SEC.3.
Ind. Code § 33-34-2-7 — Indiana Code / Title 33 / Article 34 / Chapter 2 / Section 33-34-2-7
Other employment
Status: in_force

Sec. 7. A judge serving full time:

(1) shall devote full time to judicial duties; and

(2) may not engage in the practice of law.

[Pre-2004 Recodification Citation: 33-11.6-3-8.]

As added by P.L.98-2004, SEC.13. Amended by P.L.170-2015, SEC.6; P.L.86-2018, SEC.231.
Ind. Code § 33-23-12-2 — Indiana Code / Title 33 / Article 23 / Chapter 12 / Section 33-23-12-2
"Court employee"
Status: in_force

Sec. 2. (a) As used in this chapter, "court employee" means a person employed by any of the following:

(1) The supreme court.

(2) The court of appeals.

(3) The tax court.

(4) A circuit court.

(5) A superior court.

(6) A juvenile court.

(7) A probate court.

(8) A municipal court.

(9) A city or town court.

(10) A small claims court.

(b) The term does not include a judge of any of the courts listed in subsection (a)(1) through (a)(10).

[Pre-2004 Recodification Citation: 33-1-17-2.]

As added by P.L.98-2004, SEC.2. Amended by P.L.201-2011, SEC.20.
Ind. Code § 33-33-49-29 — Indiana Code / Title 33 / Article 33 / Chapter 49 / Section 33-33-49-29
Costs of appeals
Status: in_force

Sec. 29. (a) When an appeal is taken from the court in criminal cases or proceedings under IC 34-28-5 (or IC 34-4-32 before its repeal), the amount of costs charged must be certified as a part of the transcript and charged as part of the costs in the court to which the appeal or proceeding is taken. The costs are in addition to any other clerk's service fee required by law.

(b) All costs charged in the court hearing or in the court trying an appeal must be charged and adjudged upon the hearing or trial in the appeal against a defendant who is convicted or who pleads guilty.

(c) In an appeal under this section, the defendant shall pay a transcript fee of thirty-five dollars ($35) before the appeal may be transferred from the superior court.

[Pre-2004 Recodification Citation: 33-5.1-2-24.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-58-4 — Indiana Code / Title 33 / Article 33 / Chapter 58 / Section 33-33-58-4
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-37.7-2.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.127-2008, SEC.21.
Ind. Code § 33-24-6-2 — Indiana Code / Title 33 / Article 24 / Chapter 6 / Section 33-24-6-2
Personnel; appointment; full-time positions; salaries
Status: in_force

Sec. 2. (a) The personnel of the office of judicial administration shall be appointed by and serve at the pleasure of the chief justice.

(b) The personnel shall devote full time to their official duties and may not engage in any other profession for profit.

(c) Personnel salaries shall be fixed by the supreme court subject to approval by the budget agency.

[Pre-2004 Recodification Citation: 33-2.1-7-2.]

As added by P.L.98-2004, SEC.3.
Ind. Code § 33-33-89-5 — Indiana Code / Title 33 / Article 33 / Chapter 89 / Section 33-33-89-5
Bailiff and court reporter
Status: in_force

Sec. 5. The judge of the superior court shall appoint a bailiff and an official court reporter for the court, to serve during the pleasure of the court. The judge shall fix their per diem or salary within the limits and in the manner as provided by law concerning bailiffs and official court reporters. The bailiff and court reporter shall be paid monthly out of the treasury of Wayne County in the manner provided by law.

[Pre-2004 Recodification Citation: 33-5-46-3.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-38-5-2 — Indiana Code / Title 33 / Article 38 / Chapter 5 / Section 33-38-5-2
Appropriation; county salaries
Status: in_force

Sec. 2. The county councils of the counties of the state shall appropriate annually a sufficient amount to pay the county salaries under this chapter.

[Pre-2004 Recodification Citation: 33-13-12-3.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-44-3-8 — Indiana Code / Title 33 / Article 44 / Chapter 3 / Section 33-44-3-8
"Interest bearing attorney trust account"
Status: in_force

Sec. 8. "Interest bearing attorney trust account" means an account with a depository financial institution that is:

(1) unsegregated;

(2) interest bearing;

(3) for the deposit of qualified funds by an attorney; and

(4) capable of being drawn upon by the depositor in the same manner as a checking account that is not interest bearing.

[Pre-2004 Recodification Citation: 33-20-3-8.]

As added by P.L.98-2004, SEC.23.
Ind. Code § 33-37-5-5 — Indiana Code / Title 33 / Article 37 / Chapter 5 / Section 33-37-5-5
Forwarding document fees
Status: in_force

Sec. 5. The clerk shall forward document fees collected under this chapter to the county auditor or city or town fiscal officer in accordance with IC 33-37-7-12(a).

[Pre-2004 Recodification Citation: 33-19-6-4.]

As added by P.L.98-2004, SEC.16.
Ind. Code § 33-33-32-3 — Indiana Code / Title 33 / Article 33 / Chapter 32 / Section 33-33-32-3
Judges; location of court sessions
Status: in_force

Sec. 3. Each Hendricks superior court has one (1) judge who shall hold sessions in the Hendricks County courthouse in Danville.

[Pre-2004 Recodification Citation: 33-5-25-4.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-40-8-4 — Indiana Code / Title 33 / Article 40 / Chapter 8 / Section 33-40-8-4
Appropriations; fees
Status: in_force

Sec. 4. The county council of every county where the judge of any court having criminal jurisdiction has contracted with an attorney for legal services to the poor shall appropriate an amount sufficient to meet the contract obligations of a court or courts for services to the poor.

[Pre-2004 Recodification Citation: 33-9-10-4.]

As added by P.L.98-2004, SEC.19.
Ind. Code § 33-23-11-10 — Indiana Code / Title 33 / Article 23 / Chapter 11 / Section 33-23-11-10
Influence upon actions involving legislator
Status: in_force

Sec. 10. The actions of a justice, judge, or prosecuting attorney in a cause that involves a legislator or a member of a legislator's family may not be influenced by any matters previously considered or to be considered by the legislator in the general assembly.

[Pre-2004 Recodification Citation: 33-2.1-8-2.5.]

As added by P.L.98-2004, SEC.2.
Ind. Code § 33-38-7-0.2 — Indiana Code / Title 33 / Article 38 / Chapter 7 / Section 33-38-7-0.2
Prior law intended to be codification of certain repealed statutes; no effect on rights, liabilities, penalties, crimes, and proceedings before September 1, 1985
Status: repealed

Sec. 0.2. (a) As used in this section, "prior law" refers to IC 33-13-9.1 (before its repeal).

(b) As used in this section, "repealed statutes" refers to the following:

(1) IC 33-13-8-1.

(2) IC 33-13-8-4.

(3) IC 33-13-8-10.

(4) IC 33-13-8-10.1.

(5) IC 33-13-8-11.

(6) IC 33-13-8-12.

(7) IC 33-13-8-13.

(8) IC 33-13-8-14.1.

(c) The prior law was intended to be a codification and restatement of applicable or corresponding provisions of the repealed statutes. If the prior law replaces a law in the same form or in a restated form, the substantive operation and effect of that repealed statute continue uninterrupted.

(d) The prior law and the repeal of the repealed statutes do not affect:

(1) rights or liabilities accrued;

(2) penalties incurred;

(3) crimes committed; or

(4) proceedings begun;

before September 1, 1985. Those rights, liabilities, penalties, crimes, and proceedings continue and shall be imposed and enforced as if the prior law had not been enacted and the repealed statutes had not been repealed.

As added by P.L.220-2011, SEC.542.
Ind. Code § 33-33-82-1 — Indiana Code / Title 33 / Article 33 / Chapter 82 / Section 33-33-82-1
Application
Status: in_force

Sec. 1. IC 33-29-1 does not apply to this chapter.

[2004 Recodification Citation: New.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-36-1 — Indiana Code / Title 33 / Article 33 / Chapter 36 / Section 33-33-36-1
Judicial circuit
Status: in_force

Sec. 1. Jackson County constitutes the fortieth judicial circuit.

[Pre-2004 Recodification Citation: 33-4-1-36.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-37-4-6 — Indiana Code / Title 33 / Article 37 / Chapter 4 / Section 33-37-4-6
Small claims costs fee, small claims service fee, and additional fees
Status: in_force

Sec. 6. (a) For each small claims action, the clerk shall collect the following fees:

(1) From the party filing the action:

(A) a small claims costs fee of thirty-five dollars ($35);

(B) a small claims service fee of ten dollars ($10) for each named defendant that is not a garnishee defendant; and

(C) if the party has named more than three (3) garnishees or garnishee defendants, a small claims garnishee service fee of ten dollars ($10) for each garnishee or garnishee defendant in excess of three (3).

(2) From any party adding a defendant that is not a garnishee defendant, a small claims service fee of ten dollars ($10) for each defendant that is not a garnishee defendant added in the action.

(3) From any party adding a garnishee or garnishee defendant, a small claims garnishee service fee of ten dollars ($10) for each garnishee or garnishee defendant added to the action. However, a clerk may not collect a small claims garnishee service fee for the first three (3) garnishees named in the action.

However, a clerk may not collect a small claims costs fee, small claims service fee, or small claims garnishee service fee for a small claims action filed by or on behalf of the attorney general.

(b) A clerk may not collect a fee under subsection (a)(1)(B), (a)(1)(C), (a)(2), or (a)(3) for a small claims action filed through the Indiana electronic filing system adopted by the Indiana supreme court.

(c) In addition to a small claims costs fee, small claims service fee, and small claims garnishee service fee collected under this section, the clerk shall collect the following fees, if they are required under IC 33-37-5:

(1) A document fee (IC 33-37-5-1, IC 33-37-5-3, or IC 33-37-5-4).

(2) A document storage fee (IC 33-37-5-20).

(3) An automated record keeping fee (IC 33-37-5-21).

(4) A public defense administration fee (IC 33-37-5-21.2).

(5) A judicial insurance adjustment fee (IC 33-37-5-25).

(6) A judicial salaries fee (IC 33-37-5-26).

(7) A court administration fee (IC 33-37-5-27).

(8) A pro bono legal services fee (IC 33-37-5-31).

[Pre-2004 Recodification Citation: 33-19-5-5.]

As added by P.L.98-2004, SEC.16. Amended by P.L.85-2004, SEC.21; P.L.95-2004, SEC.9; P.L.2-2005, SEC.105; P.L.176-2005, SEC.8; P.L.174-2006, SEC.11; P.L.136-2012, SEC.15; P.L.39-2017, SEC.4; P.L.235-2017, SEC.11; P.L.174-2022, SEC.62; P.L.106-2025, SEC.4.
Ind. Code § 33-33-89.3-5 — Indiana Code / Title 33 / Article 33 / Chapter 89.3 / Section 33-33-89.3-5
Judicial powers
Status: in_force

Sec. 5. The judge of the court has the same powers relating to the conduct of business of the court as the judge of the Wayne circuit court and the judges of Wayne superior courts No. 1 and No. 2. The judge has all powers incident to a court of record in relation to the attendance of witnesses and punishment for contempt, and the power to enforce the judge's orders. The judge may administer oaths, solemnize marriages, take and certify acknowledgements of deeds, and give all necessary certificates for the authentication of records and proceedings of the judge's court.

[Pre-2004 Recodification Citation: 33-5-48-4.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-87-7 — Indiana Code / Title 33 / Article 33 / Chapter 87 / Section 33-33-87-7
Transfer of actions and proceedings
Status: in_force

Sec. 7. (a) The judge of the circuit court may, with the consent of a superior court, transfer any action, cause, or proceeding filed and docketed in the circuit court to the superior court by transferring all original papers and instruments filed in the action, cause, or proceeding, without further transcript, to be redocketed and disposed of as if originally filed with the court.

(b) The judge of a superior court may, with the consent of the judge of the circuit court, transfer any action, cause, or proceeding filed and docketed in the court to the circuit court by transferring all original papers and instruments filed in the action, cause, or proceeding, without further transcript, to be redocketed and disposed of as if originally filed with the circuit court.

(c) The judge of a superior court may, with the consent of the judge of the other superior court, transfer any action, cause, or proceeding filed and docketed in the court to the other court to be redocketed and disposed of as if originally filed with the other court.

[Pre-2004 Recodification Citation: 33-5-45.5-5.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-38-13-11 — Indiana Code / Title 33 / Article 38 / Chapter 13 / Section 33-38-13-11
Privileged information
Status: in_force

Sec. 11. Filing papers with and giving testimony before the commission or the masters appointed by the supreme court under this chapter are privileged.

[Pre-2004 Recodification Citation: 33-2.1-5-4.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-33-50-2 — Indiana Code / Title 33 / Article 33 / Chapter 50 / Section 33-33-50-2
Establishment of standard superior courts
Status: in_force

Sec. 2. (a) There are established three (3) courts of record to be known as the Marshall superior court No. 1, the Marshall superior court No. 2, and the Marshall superior court No. 3.

(b) The Marshall superior courts are standard superior courts as described in IC 33-29-1.

(c) Marshall County comprises the judicial district of each court.

[Pre-2004 Recodification Citations: 33-5-35.5-1; 33-5-35.5-2.]

As added by P.L.98-2004, SEC.12. Amended by P.L.138-2020, SEC.22.
Ind. Code § 33-22-1-9 — Indiana Code / Title 33 / Article 22 / Chapter 1 / Section 33-22-1-9
References to prior law
Status: in_force

Sec. 9. (a) A reference in the recodification act of the 2004 regular session of the general assembly to a citation in the prior law before its repeal is added in certain sections of the recodification act of the 2004 regular session of the general assembly only as an aid to the reader.

(b) The inclusion or omission in the recodification act of the 2004 regular session of the general assembly of a reference to a citation in the prior law before its repeal does not affect:

(1) any rights or liabilities accrued;

(2) any penalties incurred;

(3) any violations committed;

(4) any proceedings begun;

(5) any bonds, notes, loans, or other forms of indebtedness issued, incurred, or made;

(6) any tax levies made;

(7) any funds established;

(8) any patents issued;

(9) the validity, continuation, or termination of contracts, easements, or leases executed;

(10) the validity, continuation, scope, termination, suspension, or revocation of:

(A) permits;

(B) licenses;

(C) certificates of registration;

(D) grants of authority; or

(E) limitations of authority; or

(11) the validity of court decisions entered regarding the constitutionality of any provision of the prior law;

before the effective date of the recodification act of the 2004 regular session of the general assembly (July 1, 2004). Those rights, liabilities, penalties, violations, proceedings, bonds, notes, loans, other forms of indebtedness, tax levies, funds, patents, contracts, easements, leases, permits, licenses, certificates of registration, grants of authority, and limitations of authority continue and shall be imposed and enforced under prior law as if the recodification act of the 2004 regular session of the general assembly had not been enacted.

(c) The inclusion or omission in the recodification act of the 2004 regular session of the general assembly of a citation to a provision in the prior law does not affect the use of a prior conviction, violation, or noncompliance under the prior law as the basis for revocation of a license, permit, certificate of registration, or other grant of authority under the recodification act of the 2004 regular session of the general assembly, as necessary or appropriate to apply the recodification act of the 2004 regular session of the general assembly in a manner that does not result in a substantive change in the law.

[2004 Recodification Citation: New.]

As added by P.L.98-2004, SEC.1.
Ind. Code § 33-41-2-14 — Indiana Code / Title 33 / Article 41 / Chapter 2 / Section 33-41-2-14
Construction of chapter
Status: in_force

Sec. 14. This chapter may not be considered to repeal or amend IC 33-41-1-1.

[Pre-2004 Recodification Citation: 33-15-26-9.]

As added by P.L.98-2004, SEC.20.
Ind. Code § 33-26-1-1 — Indiana Code / Title 33 / Article 26 / Chapter 1 / Section 33-26-1-1
Indiana tax court; establishment
Status: in_force

Sec. 1. The Indiana tax court is established.

[Pre-2004 Recodification Citation: 33-3-5-1.]

As added by P.L.98-2004, SEC.5.
Ind. Code § 33-38-10-6 — Indiana Code / Title 33 / Article 38 / Chapter 10 / Section 33-38-10-6
Clerk of court; sheriff; duties
Status: in_force

Sec. 6. (a) The clerk of the circuit court of the county in which the case is filed serves as the clerk of the court for a case heard by a private judge, and the sheriff of that county serves as the sheriff of the court for the case. The sheriff shall attend the proceedings. The clerk and the sheriff shall perform the same duties relating to their offices as are required for the circuit court of the county in which the case is filed.

(b) The clerk of the circuit court of the county in which the case is filed shall provide to a private judge for each case all books, dockets, papers, and printed blanks necessary to discharge the duties of the court.

[Pre-2004 Recodification Citation: 33-13-15-6.]

As added by P.L.98-2004, SEC.17. Amended by P.L.78-2014, SEC.18.
Ind. Code § 33-38-6-15 — Indiana Code / Title 33 / Article 38 / Chapter 6 / Section 33-38-6-15
Law governing participation, contributions, withdrawals, and benefits; Family and Medical Leave Act; Uniformed Services Employment and Reemployment Act
Status: in_force

Sec. 15. (a) Conditions for participation in the fund, contributions to the fund, withdrawal from the fund, and eligibility for and computation of benefits for participants and their survivors are governed by IC 33-38-7 and IC 33-38-8.

(b) Notwithstanding any provision of this chapter, IC 33-38-7, or IC 33-38-8, the fund must be administered in a manner consistent with the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.). A participant on a leave of absence that qualifies for the benefits and protections afforded by the Family and Medical Leave Act is entitled to receive credit for vesting and eligibility purposes to the extent required by the Family and Medical Leave Act but is not entitled to receive credit for service for benefit purposes.

(c) Notwithstanding any provision of this chapter, IC 33-38-7, and IC 33-38-8, a participant is entitled to service credit and benefits in the amount and to the extent required by the Uniformed Services Employment and Reemployment Rights Act (38 U.S.C. 4301 et seq.).

[Pre-2004 Recodification Citation: 33-13-8-4.1.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-38-14-5 — Indiana Code / Title 33 / Article 38 / Chapter 14 / Section 33-38-14-5
"Mail" defined
Status: in_force

Sec. 5. As used in this chapter, "mail" includes ordinary mail or personal delivery.

[Pre-2004 Recodification Citation: 33-2.1-1-3.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-32-3-6 — Indiana Code / Title 33 / Article 32 / Chapter 3 / Section 33-32-3-6
Monthly reports; certified copies; forms
Status: in_force

Sec. 6. (a) Before the twenty-fifth day of each month, the clerk shall prepare a report showing as of the close of business on the last day of the preceding month the following information:

(1) The balance, if any, of fees payable to the county.

(2) Fees collected for fish and game licenses.

(3) Trust funds held, including payments collected for support.

(4) The total of the balances of all fees and funds.

(5) The record balance of money in each depository at the end of the month.

(6) The cash in the office at the close of the last day of the month.

(7) Any other items for which the clerk of the circuit court is entitled to credit.

(8) The total amount of cash in each depository at the close of business on the last day of the month.

(9) The total of checks issued against each depository that are outstanding at the end of the month and unpaid by the depositories.

(b) The clerk shall:

(1) retain one (1) copy as a public record of the clerk's office; and

(2) file two (2) copies with the county auditor, who shall present one (1) copy to the board of commissioners of the county at its next regular meeting.

Each copy of the report must be verified by the certification of the clerk. The clerk shall file the original with the county auditor, who shall file it with the records of the county board of finance.

(c) The state board of accounts shall prescribe forms for the clerk's monthly reports.

[Pre-2004 Recodification Citation: 33-17-2-8.]

As added by P.L.98-2004, SEC.11. Amended by P.L.209-2019, SEC.8.
Ind. Code § 33-33-87-20 — Indiana Code / Title 33 / Article 33 / Chapter 87 / Section 33-33-87-20
Appeals
Status: in_force

Sec. 20. An appeal of a judgment from a standard small claims and misdemeanor division of a superior court shall be taken in the same manner and under the same rules and statutes and with the same assessment of costs as cases appealed from the circuit courts. The appeal in a small claims case must be commenced and perfected within thirty (30) days after the entry of judgment or the right to appeal is waived.

[Pre-2004 Recodification Citation: 33-5-45.5-20.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-23-1-4 — Indiana Code / Title 33 / Article 23 / Chapter 1 / Section 33-23-1-4
Crime
Status: in_force

Sec. 4. "Crime" means a felony or a misdemeanor.

[Pre-2004 Recodification Citation: 33-1-13-1.]

As added by P.L.98-2004, SEC.2.
Ind. Code § 33-33-2-27 — Indiana Code / Title 33 / Article 33 / Chapter 2 / Section 33-33-2-27
Authority of circuit judge to sit in superior court
Status: in_force

Sec. 27. The judge of the Allen circuit court may sit as a judge of the superior court, with the superior court's permission, in all matters pending before the superior court, without limitation and without any further order, in the same manner as if the circuit court judge were a judge of the superior court with all the rights and powers as if the circuit court judge were appointed judge of the superior court.

[Pre-2004 Recodification Citation: 33-5-5.1-27.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-24-6-1 — Indiana Code / Title 33 / Article 24 / Chapter 6 / Section 33-24-6-1
Creation of office
Status: in_force

Sec. 1. There is created within the office of chief justice the office of judicial administration, which must:

(1) be headed by a chief administrative officer; and

(2) have departments within the office as designated by the administrative rules of the Indiana supreme court.

[Pre-2004 Recodification Citation: 33-2.1-7-1.]

As added by P.L.98-2004, SEC.3. Amended by P.L.161-2018, SEC.59.
Ind. Code § 33-29-2-7 — Indiana Code / Title 33 / Article 29 / Chapter 2 / Section 33-29-2-7
Jury trial; transfer to plenary docket
Status: in_force

Sec. 7. (a) The filing of a claim on the small claims docket is considered a waiver of trial by jury.

(b) A defendant may, not later than ten (10) days following service of the complaint in a small claims case, demand a trial by jury by filing an affidavit that:

(1) states that there are questions of fact requiring a trial by jury;

(2) specifies those questions of fact; and

(3) states that the demand is in good faith.

(c) Notice of the defendant's right to a jury trial, and the ten (10) day period in which to file for a jury trial, shall be clearly stated on the notice of claim or on an additional sheet to be served with the notice of claim on the defendant.

(d) Upon the deposit of seventy dollars ($70) in the small claims docket by the defendant, the court shall transfer the claim to the plenary docket. Upon transfer, the claim then loses its status as a small claim.

[Pre-2004 Recodification Citation: 33-5-2-7.]

As added by P.L.98-2004, SEC.8.
Ind. Code § 33-29-1-1 — Indiana Code / Title 33 / Article 29 / Chapter 1 / Section 33-29-1-1
Application
Status: in_force

Sec. 1. Except as otherwise provided in IC 33-33, this chapter applies to standard superior courts established in IC 33-33.

[2004 Recodification Citation: New.]

As added by P.L.98-2004, SEC.8.
Ind. Code § 33-33-88-4 — Indiana Code / Title 33 / Article 33 / Chapter 88 / Section 33-33-88-4
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-45.8-3.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-33-64-7 — Indiana Code / Title 33 / Article 33 / Chapter 64 / Section 33-33-64-7
Power of judges same as circuit court judges
Status: in_force

Sec. 7. The judges of the Porter superior court have the same power to grant restraining orders and injunctions, 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 conferred on circuit courts or the judges of circuit courts.

[Pre-2004 Recodification Citation: 33-5-38-7.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-29-2-8 — Indiana Code / Title 33 / Article 29 / Chapter 2 / Section 33-29-2-8
Minor offenses and violations docket
Status: in_force

Sec. 8. (a) The minor offenses and violations docket has jurisdiction over the following:

(1) All Level 6 felony cases.

(2) All misdemeanor cases.

(3) All infraction cases.

(4) All ordinance violation cases.

(b) The court shall establish a traffic violations bureau in the manner prescribed by IC 34-28-5-7 through IC 34-28-5-13.

[Pre-2004 Recodification Citation: 33-5-2-8.]

As added by P.L.98-2004, SEC.8. Amended by P.L.158-2013, SEC.338.
Ind. Code § 33-33-42-6 — Indiana Code / Title 33 / Article 33 / Chapter 42 / Section 33-33-42-6
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-26-6.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-26-6-0.2 — Indiana Code / Title 33 / Article 26 / Chapter 6 / Section 33-26-6-0.2
Jurisdiction of tax court under prior law
Status: in_force

Sec. 0.2. (a) Notwithstanding IC 33-3-5-2, as amended by P.L.198-2001 (before its repeal, now codified in this chapter), the tax court has exclusive jurisdiction over any case that arises under the tax laws of this state and that is an initial appeal initiated after December 31, 2001, of a final determination made by the department of local government finance if the following apply:

(1) The tax court would have had jurisdiction over the case if the appeal had been initiated before January 1, 2002.

(2) P.L.198-2001 does not provide that the final determination is subject to appeal to the Indiana board of tax review.

(b) IC 33-3-5-14 (as amended by P.L.198-2001 before its repeal, now codified at section 3 of this chapter), and IC 33-3-5-14.2 (as added by P.L.198-2001 before its repeal, now codified at IC 33-26-7-1, IC 33-26-7-2, IC 33-26-7-3, and IC 33-26-7-4), IC 33-3-5-14.5 (as added by P.L.198-2001, before its repeal, now codified at section 5 of this chapter), and IC 33-3-5-14.8 (as added by P.L.198-2001, before its repeal, now codified at section 6 of this chapter) apply to appeals initiated under IC 6-1.1-15-5, as amended by P.L.198-2001, of final determinations of the Indiana board of tax review issued after December 31, 2001.

As added by P.L.220-2011, SEC.531.
Ind. Code § 33-34-5-2 — Indiana Code / Title 33 / Article 34 / Chapter 5 / Section 33-34-5-2
Transfer of cases from another court
Status: reserved

Sec. 2. A judge of the circuit or superior court may order a cause filed in the circuit or superior court to be transferred to the small claims court if the:

(1) small claims court has jurisdiction of the cause concurrent with the circuit or superior court; and

(2) judge consents to the transfer.

[Pre-2004 Recodification Citation: 33-11.6-7-2.]

As added by P.L.98-2004, SEC.13.
Ind. Code § 33-33-20-3 — Indiana Code / Title 33 / Article 33 / Chapter 20 / Section 33-33-20-3
Establishment of standard superior court
Status: in_force

Sec. 3. (a) There is established a court of record to be known as the Elkhart superior court.

(b) The Elkhart superior court is a standard superior court as described in IC 33-29-1.

(c) Elkhart County comprises the judicial district of the court.

[Pre-2004 Recodification Citation: 33-5-13.1-1.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-71-66 — Indiana Code / Title 33 / Article 33 / Chapter 71 / Section 33-33-71-66
Papers and pleadings filed with commission
Status: in_force

Sec. 66. All papers and pleadings filed with the chairman of the commission on judicial qualifications at the chairman's office shall be considered filed with the commission.

[Pre-2004 Recodification Citation: 33-5-40-70.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-39-7-21 — Indiana Code / Title 33 / Article 39 / Chapter 7 / Section 33-39-7-21
Withdrawal of funds after participant dies; surviving spouse; children; estate
Status: in_force

Sec. 21. (a) If benefits are not payable to the survivors of a participant who dies, and if a withdrawal application is filed with the board by the survivors or the participant's estate, the total of the participant's contributions, plus interest at a rate specified by rule by the board and minus any payments made to the participant, shall be paid to:

(1) the surviving spouse of the participant or the children of the participant, as designated by the participant;

(2) any dependents of the participant, if a spouse or designated child does not survive; or

(3) the participant's estate, if a spouse, designated child, or other dependent does not survive.

(b) The amount owed a spouse, designated children, other dependents, or estate under subsection (a) is payable not later than sixty (60) days after the date of receipt of the withdrawal application, or in monthly installments, as the recipient elects.

[Pre-2004 Recodification Citation: 33-14-9-19.]

As added by P.L.98-2004, SEC.18. Amended by P.L.16-2011, SEC.12; P.L.160-2013, SEC.10.
Ind. Code § 33-33-19-6 — Indiana Code / Title 33 / Article 33 / Chapter 19 / Section 33-33-19-6
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-12.5-16.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-23-5-3 — Indiana Code / Title 33 / Article 23 / Chapter 5 / Section 33-23-5-3
Restriction on practice of law
Status: in_force

Sec. 3. A magistrate may not engage in the practice of law while holding the office of magistrate.

[Pre-2004 Recodification Citation: 33-4-7-3.]

As added by P.L.98-2004, SEC.2.
Ind. Code § 33-33-54-2 — Indiana Code / Title 33 / Article 33 / Chapter 54 / Section 33-33-54-2
Establishment of standard superior courts
Status: in_force

Sec. 2. (a) There are established two (2) courts of record to be known as the:

(1) Montgomery superior court No. 1; and

(2) Montgomery superior court No. 2.

(b) Each Montgomery superior court is a standard superior court as described in IC 33-29-1.

(c) Montgomery County comprises the judicial district of each court.

[Pre-2004 Recodification Citation: 33-5-36.6-1.]

As added by P.L.98-2004, SEC.12. Amended by P.L.237-2005, SEC.21.
Ind. Code § 33-36-3-7 — Indiana Code / Title 33 / Article 36 / Chapter 3 / Section 33-36-3-7
Disposition of civil penalties and costs collected
Status: in_force

Sec. 7. (a) Except as provided in subsections (b) and (c), all sums collected by the violations clerk as civil penalties for ordinance violations shall be accounted for and paid to the municipal corporation as provided by law.

(b) If a city or town that has not established a court under IC 33-35-1 or an ordinance violations bureau under IC 33-36-2 has entered into an interlocal agreement described in IC 33-36-2-4 with a municipal corporation, the sums collected by the violations clerk that involve the city or town that has not established a court or an ordinance violations bureau shall be accounted for and paid as provided in the interlocal agreement.

(c) If a county enters into an interlocal agreement under IC 33-36-2-5 with a city or town, the sums collected by the violations clerk or city or town court that involve the county shall be accounted for and paid as provided in the interlocal agreement.

[Pre-2004 Recodification Citation: 33-6-3-4.]

As added by P.L.98-2004, SEC.15. Amended by P.L.55-2010, SEC.5; P.L.75-2018, SEC.5.
Ind. Code § 33-33-49-28 — Indiana Code / Title 33 / Article 33 / Chapter 49 / Section 33-33-49-28
Judicial notice
Status: in_force

Sec. 28. The court shall take judicial notice of all matters of which courts of general jurisdiction of Indiana are required to take judicial notice. The court shall also take judicial notice of all general ordinances of each city or municipality located in the county.

[Pre-2004 Recodification Citation: 33-5.1-2-23.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-42-12-1 — Indiana Code / Title 33 / Article 42 / Chapter 12 / Section 33-42-12-1
Notary public commission
Status: in_force

Sec. 1. (a) An individual qualified under subsection (b) may apply to the secretary of state for a commission as a notary public. The applicant shall provide the information required by the rules established by the secretary of state, if any.

(b) An applicant for a commission as a notary public must:

(1) be at least eighteen (18) years of age;

(2) be a citizen or permanent legal resident of the United States;

(3) be a resident of or primarily employed in Indiana;

(4) not be disqualified to receive a commission under IC 33-42-13;

(5) satisfy all educational requirements; and

(6) have passed the examination described in section 2 of this chapter.

(c) An applicant applying for a commission as a notary public or reapplying for a subsequent commission shall:

(1) complete an electronic application and provide all necessary information required by the secretary of state;

(2) pay a nonrefundable processing fee of five dollars ($5);

(3) execute an oath of office and comply with any associated requirements imposed by the secretary of state;

(4) obtain an assurance in the amount of twenty-five thousand dollars ($25,000);

(5) submit, or have submitted by the surety on the applicant's behalf, an electronic copy of the assurance not later than thirty (30) days after the effective date of the assurance; and

(6) submit an electronic signature sample to the secretary of state.

(d) A notary public may perform notarial acts only during a period covered by a valid assurance on file with the secretary of state.

(e) A surety must notify the secretary of state of a payment made under a notary public's assurance not later than thirty (30) days after issuing the payment to a claimant.

(f) The secretary of state shall grant a commission as a notary public to an applicant who fully complies with this section. The term of a commission granted under this subsection is eight (8) years.

(g) A commission granted under this section authorizes the notary public to perform notarial acts within the state of Indiana. The commission does not provide the notary public with any immunity or benefit.

(h) An individual may not have more than one (1) active Indiana commission as a notary public at a time.

(i) For purposes of Article 2, Section 9 of the Constitution of the State of Indiana, a commission as a notary public is not a lucrative office.

As added by P.L.128-2017, SEC.20. Amended by P.L.59-2018, SEC.55.
Ind. Code § 33-33-76-5 — Indiana Code / Title 33 / Article 33 / Chapter 76 / Section 33-33-76-5
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-40.1-11.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-39-1-3 — Indiana Code / Title 33 / Article 39 / Chapter 1 / Section 33-39-1-3
Bond or crime insurance policy of prosecuting attorney
Status: in_force

Sec. 3. A person elected to the office of prosecuting attorney, before entering upon the duties of the office, shall execute a bond or crime insurance policy in the manner prescribed by IC 5-4-1.

[Pre-2004 Recodification Citation: 33-14-1-2.]

As added by P.L.98-2004, SEC.18. Amended by P.L.55-2022, SEC.5.
Ind. Code § 33-33-71-9 — Indiana Code / Title 33 / Article 33 / Chapter 71 / Section 33-33-71-9
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-40-4.5.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-33-51-1 — Indiana Code / Title 33 / Article 33 / Chapter 51 / Section 33-33-51-1
Judicial circuit
Status: in_force

Sec. 1. Martin County constitutes the ninetieth judicial circuit.

[Pre-2004 Recodification Citation: 33-4-1-51.]

As added by P.L.98-2004, SEC.12. Amended by P.L.201-2011, SEC.78.
Ind. Code § 33-33-91-4 — Indiana Code / Title 33 / Article 33 / Chapter 91 / Section 33-33-91-4
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-49-3.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-25-4-6 — Indiana Code / Title 33 / Article 25 / Chapter 4 / Section 33-25-4-6
Powers and duties
Status: in_force

Sec. 6. (a) A court marshal appointed under section 4 of this chapter is responsible for the following:

(1) Ensuring the safety and security of:

(A) the judges; and

(B) staff;

of the court of appeals and the tax court at all primary office locations, offsite venues, and judicial residences.

(2) Attending the court of appeals and the tax court during term time.

(3) Subject to subsection (b), executing:

(A) the orders of the court of appeals and the tax court; and

(B) all processes, including civil processes, issued out of the court of appeals and the tax court.

(4) Preserving order within the court of appeals and the tax court.

(5) Supervising deputy court marshals hired under section 5 of this chapter.

(6) Communicating with law enforcement agencies on behalf of the court of appeals and the tax court.

(7) Maintaining a security system at the state house, staff offices, and the homes of judges of the court of appeals and the tax court.

(8) Coordinating and providing security for events involving the judges or staff of the court of appeals and the tax court.

(9) Any additional duties as assigned by the chief judge of the court of appeals.

(b) Upon receipt of a process, rule, or order from the court of appeals or the tax court, a court marshal may transmit the process, rule, or order to the sheriff of the county within which the process, rule, or order is to be served.

As added by P.L.139-2026, SEC.7.
Ind. Code § 33-33-2-42 — Indiana Code / Title 33 / Article 33 / Chapter 2 / Section 33-33-2-42
Vacancy in judgeship; nomination of candidates; substitution of names
Status: in_force

Sec. 42. (a) After the commission has nominated and submitted to the governor the names of three (3) nominees:

(1) a name may be withdrawn for a cause considered by the commission to substantially affect the nominee's qualifications to hold office; and

(2) another name or other names may be substituted at any time before the appointment is made to fill the vacancy.

(b) If a nominee dies or requests in writing that the nominee's name be withdrawn, the commission shall nominate another person to replace the nominee.

(c) If two (2) or more vacancies exist, the commission shall nominate and submit to the governor a list of three (3) different persons for each of the vacancies. Before an appointment is made, the commission may withdraw the lists of nominations and change the names of any persons nominated from one (1) list to another, or may substitute a new name for any of those previously nominated.

[Pre-2004 Recodification Citation: 33-5-5.1-40.1.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-29-5 — Indiana Code / Title 33 / Article 33 / Chapter 29 / Section 33-33-29-5
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-22-12.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.118-2007, SEC.38.
Ind. Code § 33-33-2-4 — Indiana Code / Title 33 / Article 33 / Chapter 2 / Section 33-33-2-4
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-4-1-2.8.]

As added by P.L.98-2004, SEC.12. Amended by P.L.201-2011, SEC.31. Repealed by P.L.39-2012, SEC.2.
Ind. Code § 33-32-4-2.5 — Indiana Code / Title 33 / Article 32 / Chapter 4 / Section 33-32-4-2.5
ISETS is the official record of child support payments
Status: in_force

Sec. 2.5. The Indiana support enforcement tracking system (ISETS) or the successor statewide automated support enforcement system is the official record of the collection, disbursement, and distribution of child support payments as required under 42 U.S.C. 654.

As added by P.L.128-2012, SEC.178.
Ind. Code § 33-37-5-34 — Indiana Code / Title 33 / Article 37 / Chapter 5 / Section 33-37-5-34
Pro bono legal services fund; sources of money for the fund; transfer of money in the fund
Status: in_force

Sec. 34. (a) The pro bono legal services fund is established. The state comptroller shall administer the fund.

(b) The fund consists of distributions of pro bono legal services fees under:

(1) IC 33-34-8-3(b)(1)(F);

(2) IC 33-37-7-2(l); or

(3) IC 33-37-7-8(i).

(c) The state comptroller shall transfer semiannually the pro bono legal services fees in the fund to the Indiana Bar Foundation (or a successor entity) as the entity designated to organize and administer the interest on lawyers trust accounts (IOLTA) program under Rule 1.15 of the Rules of Professional Conduct of the Indiana supreme court. The Indiana Bar Foundation shall:

(1) deposit in an appropriate account and otherwise manage the fees the Indiana Bar Foundation receives under this subsection in the same manner the Indiana Bar Foundation deposits and manages the net earnings the Indiana Bar Foundation receives from IOLTA accounts; and

(2) use the fees the Indiana Bar Foundation receives under this subsection to assist or establish approved pro bono legal services programs.

The handling and expenditure of the pro bono legal services fees received under this section by the Indiana Bar Foundation (or its successor entity) are subject to audit by the state board of accounts.

(d) Money in the fund and any interest that accrues to the fund remain in the fund and do not revert to the state general fund.

(e) Money in the fund is continuously appropriated to carry out the transfers required under subsection (c).

As added by P.L.201-2023, SEC.259. Amended by P.L.9-2024, SEC.509; P.L.213-2025, SEC.303.
Ind. Code § 33-33-82-18 — Indiana Code / Title 33 / Article 33 / Chapter 82 / Section 33-33-82-18
Additional officers and personnel
Status: in_force

Sec. 18. The superior court may appoint additional officers and personnel as necessary for the proper administration of the duties of the court, whose salaries shall be fixed by the court and who serve at the pleasure of the court.

[Pre-2004 Recodification Citation: 33-5-43-18.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-44-6-4 — Indiana Code / Title 33 / Article 44 / Chapter 6 / Section 33-44-6-4
Remittance of interest earned on account
Status: in_force

Sec. 4. Except for amounts deducted under terms or conditions agreed upon under section 2 of this chapter, a depository financial institution shall remit any interest earned on an interest bearing attorney trust account to the board.

[Pre-2004 Recodification Citation: 33-20-6-4.]

As added by P.L.98-2004, SEC.23.
Ind. Code § 33-37-5-1 — Indiana Code / Title 33 / Article 37 / Chapter 5 / Section 33-37-5-1
Preparing transcript or copy of record; fee
Status: in_force

Sec. 1. (a) This section applies to a document fee for preparing a transcript or copy of any record. However, this section does not apply to either of the following:

(1) The preparation or copying of a record:

(A) through the use of enhanced access under IC 5-14-3; or

(B) by a governmental entity using an electronic device.

(2) The transmitting of a document by facsimile machine or other electronic device.

(b) Except as provided in subsection (c), the clerk shall collect a fee of one dollar ($1) per legal size or letter size page, including a page only partially covered with writing.

(c) The legislative body of a county may adopt by ordinance a schedule of document fees to be collected by a clerk under this section. If an ordinance has been adopted, the clerk shall collect document fees according to the schedule. However, the document fee collected by the clerk under this subsection may not exceed one dollar ($1) per legal size or letter size page, including a page only partially covered with writing.

[Pre-2004 Recodification Citation: 33-19-6-1.]

As added by P.L.98-2004, SEC.16.
Ind. Code § 33-33-49-19 — Indiana Code / Title 33 / Article 33 / Chapter 49 / Section 33-33-49-19
Single order book
Status: in_force

Sec. 19. The court shall maintain a single order book for each division or room of the court that may be signed on behalf of the court by the judge of that division or room of the court. The signature of the judge authenticates the actions of the court.

[Pre-2004 Recodification Citation: 33-5.1-2-14.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-24-13-4 — Indiana Code / Title 33 / Article 24 / Chapter 13 / Section 33-24-13-4
Preparatory course of study required; instructors
Status: in_force

Sec. 4. (a) The program must provide for an intensive course of study to prepare the students selected for the demands of a law school education through classroom discussion and instruction in legal research, writing, and analysis.

(b) The program shall be taught by law professors and others from the legal profession and shall be held at an Indiana law school during the summer months.

[Pre-2004 Recodification Citation: 33-2.1-12-4.]

As added by P.L.98-2004, SEC.3.
Ind. Code § 33-26-2-2 — Indiana Code / Title 33 / Article 26 / Chapter 2 / Section 33-26-2-2
Qualifications of judge
Status: in_force

Sec. 2. The judge of the tax court must:

(1) be a citizen of Indiana; and

(2) have been admitted to the practice of law in Indiana for a period of at least five (5) years.

[Pre-2004 Recodification Citation: 33-3-5-4.]

As added by P.L.98-2004, SEC.5.
Ind. Code § 33-33-89-1 — Indiana Code / Title 33 / Article 33 / Chapter 89 / Section 33-33-89-1
Application
Status: in_force

Sec. 1. IC 33-29-1 does not apply to this chapter.

[2004 Recodification Citation: New.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-45-34 — Indiana Code / Title 33 / Article 33 / Chapter 45 / Section 33-33-45-34
Vacancies; meetings of commission
Status: in_force

Sec. 34. (a) When a vacancy occurs in the superior court of Lake County, the clerk of the court shall promptly notify the chairperson and each member of the commission of the vacancy. The chairperson shall call a meeting of the commission within ten (10) days following the notice. The commission shall submit its nominations of five (5) candidates for each vacancy and certify them to the governor as promptly as possible, and not later than sixty (60) days after the vacancy occurs. When it is known that a vacancy will occur at a definite future date within the term of the governor then serving, but the vacancy has not yet occurred, the clerk shall notify the chairperson and each member of the commission immediately of the forthcoming vacancy, and the commission may within fifty (50) days of the notice of the vacancy make its nominations and submit to the governor the names of five (5) persons nominated for the forthcoming vacancy.

(b) Meetings of the commission shall be called by its chairperson or, if the chairperson fails to call a necessary meeting, upon the call of any four (4) members of the commission. The chairperson, whenever the chairperson considers a meeting necessary, or upon the request by any four (4) members of the commission for a meeting, shall give each member of the commission at least five (5) days written notice by mail of the date, time, and place of every meeting unless the commission at its previous meeting designated the date, time, and place of its next meeting.

(c) Meetings of the commission are to be held at the Lake County government center in Crown Point or another place, as the circuit court clerk of Lake County may arrange, at the direction of the chairperson of the commission.

(d) The commission may act only at a public meeting. IC 5-14-1.5 applies to meetings of the commission. The commission may not meet in executive session under IC 5-14-1.5-6.1 for the consideration of a candidate for judicial appointment.

(e) The commission may act only by the concurrence of a majority of its voting members attending a meeting. Four (4) voting members constitute a quorum at a meeting.

(f) The commission may adopt reasonable and proper rules and regulations for the conduct of its proceedings and the discharge of its duties. These rules must provide for the receipt of public testimony concerning the qualifications of candidates for nomination to the governor.

[Pre-2004 Recodification Citation: 33-5-29.5-35.]

As added by P.L.98-2004, SEC.12. Amended by P.L.201-2011, SEC.62; P.L.204-2021, SEC.7.
Ind. Code § 33-37-10-1 — Indiana Code / Title 33 / Article 37 / Chapter 10 / Section 33-37-10-1
Jury fees
Status: in_force

Sec. 1. (a) A juror of a circuit, superior, county, or probate court or a member of a grand jury is entitled to the sum of the following:

(1) Except as provided in subsection (f), an amount for mileage at the mileage rate paid to state officers and employees for each mile necessarily traveled to and from the court.

(2) Payment at the rate of:

(A) thirty dollars ($30) for each day the juror is in actual attendance in court until the jury is impaneled;

(B) eighty dollars ($80) for each day the juror is in actual attendance after the jury is impaneled through the fifth day of trial; and

(C) ninety dollars ($90) for each day the juror is in actual attendance from the sixth day of trial until the jury is discharged.

(b) A county fiscal body may adopt an ordinance to pay from county funds a supplemental fee in addition to the fees prescribed by subsection (a)(2).

(c) A juror of a city or town court is entitled to the sum of the following:

(1) Except as provided in subsection (f), an amount for mileage at the mileage rate paid to state officers and employees for each mile necessarily traveled to and from the court.

(2) Fifteen dollars ($15) per day while the juror is in actual attendance.

(d) A city or town fiscal body may adopt an ordinance to pay from city or town funds a supplemental fee in addition to the fee prescribed by subsection (c)(2).

(e) For purposes of this section, a prospective juror who is summoned for jury duty and who reports to the summoning court on the day specified in the summons is in actual attendance on that day, regardless of whether the prospective juror is not seated or is removed under IC 35-37-1.

(f) A county, city, or town fiscal body may adopt an ordinance providing for the payment by the county, city, or town of the parking fees incurred by jurors of circuit, superior, county, and probate courts and members of grand juries. If a county, city, or town fiscal body adopts an ordinance under this subsection, the county, city, or town may pay the parking fees incurred by a juror of a circuit, superior, county, or probate court or a member of a grand jury instead of paying the juror or grand jury member an amount for mileage at the rate provided in subsection (a)(1) or (c)(1).

[Pre-2004 Recodification Citation: 33-19-1-4.]

As added by P.L.98-2004, SEC.16. Amended by P.L.118-2007, SEC.26; P.L.237-2023, SEC.5.
Ind. Code § 33-40-4-2 — Indiana Code / Title 33 / Article 40 / Chapter 4 / Section 33-40-4-2
Establishment
Status: in_force

Sec. 2. (a) There is established a public defender council of Indiana.

(b) The council's membership consists of all:

(1) public defenders;

(2) contractual pauper counsel; and

(3) other court appointed attorneys regularly appointed to represent indigent defendants.

[Pre-2004 Recodification Citation: 33-9-12-1.]

As added by P.L.98-2004, SEC.19.
Ind. Code § 33-24-12-6 — Indiana Code / Title 33 / Article 24 / Chapter 12 / Section 33-24-12-6
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-2.1-11-6.]

As added by P.L.98-2004, SEC.3. Amended by P.L.161-2018, SEC.69; P.L.201-2023, SEC.255. Repealed by P.L.8-2025, SEC.3.
Ind. Code § 33-33-72-5 — Indiana Code / Title 33 / Article 33 / Chapter 72 / Section 33-33-72-5
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-38.9-11.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-33-82-25 — Indiana Code / Title 33 / Article 33 / Chapter 82 / Section 33-33-82-25
Judges; acting in concert; majority decision
Status: in_force

Sec. 25. When any action of the entire court is required, the sitting judges of the court shall act in concert. If there is a disagreement, the decision of the majority of the sitting judges controls.

[Pre-2004 Recodification Citation: 33-5-43-26.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-87-18 — Indiana Code / Title 33 / Article 33 / Chapter 87 / Section 33-33-87-18
Satisfaction of judgment
Status: repealed

Sec. 18. When the judgment or order in the small claims division of the superior court is against the defendant, the defendant shall pay the judgment or order immediately or at any time and upon such terms and conditions as the judge prescribes. If the judge orders that the judgment shall be paid in specified installments, the judge may stay the issuance of execution and other supplementary process during compliance with the order. The stay may be modified or vacated by the court.

[Pre-2004 Recodification Citation: 33-5-45.5-18.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-28-3-3 — Indiana Code / Title 33 / Article 28 / Chapter 3 / Section 33-28-3-3
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-4-3-7.]

As added by P.L.98-2004, SEC.7. Repealed by P.L.1-2007, SEC.248.
Ind. Code § 33-33-34-6 — Indiana Code / Title 33 / Article 33 / Chapter 34 / Section 33-33-34-6
Judges; location of court sessions
Status: in_force

Sec. 6. Each Howard superior court has one (1) judge, who shall hold its sessions in:

(1) the Howard County courthouse in Kokomo; or

(2) another convenient and suitable place as the board of county commissioners of Howard County provides.

[Pre-2004 Recodification Citation: 33-5-20.1-8.]

As added by P.L.98-2004, SEC.12. Amended by P.L.237-2005, SEC.17.
Ind. Code § 33-33-45-10 — Indiana Code / Title 33 / Article 33 / Chapter 45 / Section 33-33-45-10
Magistrates of criminal division
Status: in_force

Sec. 10. (a) The judges of the criminal division may appoint two (2) full-time magistrates under IC 33-23-5 to serve the criminal division. A magistrate appointed under this subsection continues in office until removed by the judges of the criminal division.

(b) The judges of the civil division may appoint two (2) full-time magistrates under IC 33-23-5 to serve the civil division. A magistrate appointed under this subsection continues in office until removed by the judges of the civil division.

[Pre-2004 Recodification Citation: 33-5-29.5-7.1.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-40-6-2 — Indiana Code / Title 33 / Article 40 / Chapter 6 / Section 33-40-6-2
Investment of funds
Status: in_force

Sec. 2. The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested.

[Pre-2004 Recodification Citation: 33-9-14-2.]

As added by P.L.98-2004, SEC.19.
Ind. Code § 33-34-5-6 — Indiana Code / Title 33 / Article 34 / Chapter 5 / Section 33-34-5-6
Special judge
Status: in_force

Sec. 6. (a) Only another judge may serve as a special judge in the small claims court.

(b) Except for mileage and travel expense, a judge serving as a special judge under this section may not receive compensation in addition to the salary provided under this article.

[Pre-2004 Recodification Citation: 33-11.6-7-6.]

As added by P.L.98-2004, SEC.13.
Ind. Code § 33-33-22-7 — Indiana Code / Title 33 / Article 33 / Chapter 22 / Section 33-33-22-7
Repealed
Status: repealed

As added by P.L.234-2007, SEC.219. Amended by P.L.82-2010, SEC.6. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-33-20-4 — Indiana Code / Title 33 / Article 33 / Chapter 20 / Section 33-33-20-4
Judges; location of court sessions
Status: in_force

Sec. 4. (a) The Elkhart superior court has six (6) judges. Each division of the circuit court or superior court of Elkhart County shall hold sessions at:

(1) the courthouse of the county; or

(2) any other place in the county as the board of county commissioners may provide.

(b) The board of county commissioners shall provide the circuit court clerk with an office as described in IC 33-32-2-4(a).

[Pre-2004 Recodification Citation: 33-5-13.1-10.]

As added by P.L.98-2004, SEC.12. Amended by P.L.7-2020, SEC.2.
Ind. Code § 33-33-17-6 — Indiana Code / Title 33 / Article 33 / Chapter 17 / Section 33-33-17-6
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-10.8-3.]

As added by P.L.98-2004, SEC.12. Amended by P.L.237-2005, SEC.10. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-36-2-4 — Indiana Code / Title 33 / Article 36 / Chapter 2 / Section 33-36-2-4
Interlocal agreements; ordinance violations
Status: in_force

Sec. 4. A city or town that has not established a court under IC 33-35-1 or an ordinance violations bureau under this chapter may enter into an interlocal agreement under IC 36-1-7 with a municipal corporation that:

(1) has established an ordinance violations bureau under this chapter; and

(2) is located in the same judicial circuit as the city or town that has not established a court or an ordinance violations bureau;

to hear and dispose of ordinance violations that would otherwise come under the jurisdiction of an ordinance violations bureau established by the city or town under this chapter.

As added by P.L.55-2010, SEC.4.
Ind. Code § 33-34-2-3 — Indiana Code / Title 33 / Article 34 / Chapter 2 / Section 33-34-2-3
Term of office
Status: in_force

Sec. 3. The term of office of a judge is four (4) years, beginning January 1 after election and continuing until a successor is:

(1) elected; and

(2) qualified.

[Pre-2004 Recodification Citation: 33-11.6-3-4.]

As added by P.L.98-2004, SEC.13.
Ind. Code § 33-33-58-5 — Indiana Code / Title 33 / Article 33 / Chapter 58 / Section 33-33-58-5
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-37.7-4.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.127-2008, SEC.21.
Ind. Code § 33-38-13-9 — Indiana Code / Title 33 / Article 38 / Chapter 13 / Section 33-38-13-9
Meeting of commissioners
Status: in_force

Sec. 9. (a) The commission shall meet as necessary to discharge its statutory and constitutional responsibilities. Meetings of the commission shall be called in the same manner as prescribed for the judicial nominating commission. Four (4) members of the commission constitute a quorum for the transaction of business.

(b) Meetings of the commission shall be held in Indiana as the chairman of the commission arranges.

(c) The commission may act only at a meeting. The commission may adopt rules and regulations to conduct meetings and discharge its duties.

[Pre-2004 Recodification Citation: 33-2.1-5-2.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-33-22-3 — Indiana Code / Title 33 / Article 33 / Chapter 22 / Section 33-33-22-3
Judges
Status: in_force

Sec. 3. Each Floyd superior court has one (1) judge.

[Pre-2004 Recodification Citation: 33-5-18.1-2.]

As added by P.L.98-2004, SEC.12. Amended by P.L.234-2007, SEC.218; P.L.82-2010, SEC.3; P.L.161-2011, SEC.3; P.L.201-2011, SEC.46.
Ind. Code § 33-38-13-27 — Indiana Code / Title 33 / Article 38 / Chapter 13 / Section 33-38-13-27
Record of commission proceedings
Status: in_force

Sec. 27. The commission shall keep a record of all formal proceedings concerning a judge. The commission shall record its determination and mail notice of the determination to the justice or judge and the counsel. If the commission recommends censure, retirement, or removal, the commission shall prepare a transcript of the evidence and proceedings and shall make written findings of fact and conclusions of law.

[Pre-2004 Recodification Citation: 33-2.1-5-20.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-31-2-9 — Indiana Code / Title 33 / Article 31 / Chapter 2 / Section 33-31-2-9
Office of judicial administration requests
Status: in_force

Sec. 9. The court shall comply with all requests made under IC 33-24-6-3 by the chief administrative officer of the office of judicial administration concerning the small claims and misdemeanor division.

As added by P.L.201-2011, SEC.30. Amended by P.L.161-2018, SEC.77.
Ind. Code § 33-33-78-10 — Indiana Code / Title 33 / Article 33 / Chapter 78 / Section 33-33-78-10
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-37.7-12.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.118-2007, SEC.38.
Ind. Code § 33-23-13-6 — Indiana Code / Title 33 / Article 23 / Chapter 13 / Section 33-23-13-6
Attorney general employment of legal and other professional services
Status: in_force

Sec. 6. The attorney general may employ legal and other professional services necessary to adequately and fully perform the duties required by this chapter.

[Pre-2004 Recodification Citation: 33-2.1-9-4.]

As added by P.L.98-2004, SEC.2.
Ind. Code § 33-33-38-4 — Indiana Code / Title 33 / Article 33 / Chapter 38 / Section 33-33-38-4
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-25.7-3.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-33-27-1 — Indiana Code / Title 33 / Article 33 / Chapter 27 / Section 33-33-27-1
Application
Status: in_force

Sec. 1. IC 33-29-1 does not apply to this chapter.

[2004 Recodification Citation: New.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-79.3-1 — Indiana Code / Title 33 / Article 33 / Chapter 79.3 / Section 33-33-79.3-1
Application
Status: in_force

Sec. 1. IC 33-29-1 does not apply to this chapter.

[2004 Recodification Citation: New.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-38-7-9 — Indiana Code / Title 33 / Article 38 / Chapter 7 / Section 33-38-7-9
"Services"
Status: in_force

Sec. 9. As used in this chapter, "services" means the period beginning on the first day a person first becomes a judge, whether the date is before, on, or after March 11, 1953, and ending on the date under consideration and includes all intervening employment as a judge.

[Pre-2004 Recodification Citation: 33-13-9.1-2.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-33-64-8 — Indiana Code / Title 33 / Article 33 / Chapter 64 / Section 33-33-64-8
Location of court sessions
Status: in_force

Sec. 8. (a) The Porter superior court, superior division, shall hold sessions in the Porter County courthouse in Valparaiso.

(b) One (1) judge of the Porter superior court, county division, shall hold sessions of the court in Valparaiso and two (2) judges shall hold sessions of the court principally in Portage Township and may sit periodically in Westchester Township in the discretion of the judges in Porter County.

(c) The board of county commissioners of Porter County shall:

(1) provide and maintain suitable and convenient courtrooms for the holding of the court, together with suitable and convenient jury rooms and offices for the judges, secretaries, and official court reporters, and other facilities as may be necessary; and

(2) provide all the necessary furniture and equipment for the rooms and offices of the court.

The county council shall appropriate sufficient funds to implement this section.

[Pre-2004 Recodification Citation: 33-5-38-8.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-79.2-6 — Indiana Code / Title 33 / Article 33 / Chapter 79.2 / Section 33-33-79.2-6
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-42-6.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-24-13-1 — Indiana Code / Title 33 / Article 24 / Chapter 13 / Section 33-24-13-1
"Program"
Status: in_force

Sec. 1. As used in this chapter, "program" refers to the Indiana conference for legal education opportunity established by section 2 of this chapter.

[Pre-2004 Recodification Citation: 33-2.1-12-1.]

As added by P.L.98-2004, SEC.3.
Ind. Code § 33-37-10-4 — Indiana Code / Title 33 / Article 37 / Chapter 10 / Section 33-37-10-4
Witness and juror fees; noting and forwarding claims; affidavit fees; disbursements
Status: in_force

Sec. 4. (a) The clerk shall note witness and juror fees when the fees are claimed and forward the claims to the county auditor or city or town fiscal officer.

(b) The clerk is not entitled to a fee for providing an affidavit or other proof of attendance to a juror or witness.

(c) The county auditor or city or town fiscal officer shall disburse juror or witness fees claimed under this section as provided in IC 33-37-7-12.

[Pre-2004 Recodification Citation: 33-19-1-7.]

As added by P.L.98-2004, SEC.16.
Ind. Code § 33-29-4-1 — Indiana Code / Title 33 / Article 29 / Chapter 4 / Section 33-29-4-1
Superior court divided into rooms
Status: in_force

Sec. 1. In a county that has a superior court consisting of two (2) or more judges, the court shall be divided into rooms.

[Pre-2004 Recodification Citation: 33-5-3-1.]

As added by P.L.98-2004, SEC.8.
Ind. Code § 33-33-45-20 — Indiana Code / Title 33 / Article 33 / Chapter 45 / Section 33-33-45-20
Action of entire court
Status: in_force

Sec. 20. When an action of the entire court is required, the judges of the court shall act in concert. If there is a disagreement, the decision of a majority of the judges controls. However, if the judges are evenly divided, the decision joined by the chief judge controls.

[Pre-2004 Recodification Citation: 33-5-29.5-20.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-66-2 — Indiana Code / Title 33 / Article 33 / Chapter 66 / Section 33-33-66-2
Establishment of standard superior court
Status: in_force

Sec. 2. (a) There is established a court of record to be known as the Pulaski superior court.

(b) The Pulaski superior court is a standard superior court as described in IC 33-29-1.

(c) Pulaski County comprises the judicial district of the court.

[Pre-2004 Recodification Citation: 33-5-38.2-1.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-42-9-11 — Indiana Code / Title 33 / Article 42 / Chapter 9 / Section 33-42-9-11
Notarial acts in foreign jurisdiction
Status: in_force

Sec. 11. (a) As used in this section, "foreign" means a government other than the United States, a state, or a federally recognized Indian tribe.

(b) If a notarial act is performed under the authority of and in the jurisdiction of:

(1) a foreign state;

(2) a constituent component of a foreign state; or

(3) an international or multinational governmental organization;

the notarial act is presumed valid and has the same effect as a notarial act performed by a notarial officer of Indiana.

(c) If evidence of authority and title of office appear in a digest of law or comparable listing, the authority of an officer with that title to perform notarial acts is conclusively established.

(d) The signature and official seal of an individual holding an office described in subsection (c) are prima facie evidence of the authenticity of:

(1) the signature; and

(2) the title of the office holder.

(e) An apostille in the form:

(1) prescribed by the Hague Convention of October 5, 1961; and

(2) issued by a foreign state that is a party to the convention described in subdivision (1);

establishes that the signature of the officer is genuine and that the officer holds the indicated office.

(f) A consular authentication:

(1) issued by an individual designated as a notarizing officer:

(A) by the United States Department of State; and

(B) for notarial acts performed overseas; and

(2) affixed or attached to the record associated with the execution of a notarial act;

conclusively establishes that the signature of the notarial officer is genuine and that the notarial officer holds the indicated office.

As added by P.L.128-2017, SEC.18. Amended by P.L.59-2018, SEC.51.
Ind. Code § 33-29-5-1 — Indiana Code / Title 33 / Article 29 / Chapter 5 / Section 33-29-5-1
Application
Status: in_force

Sec. 1. (a) Except as provided in subsection (b), terms and powers described in this chapter apply to superior courts except as otherwise provided in the particular statute creating the superior court for a particular county.

(b) Section 7 of this chapter applies to all superior courts.

[Pre-2004 Recodification Citation: 33-5-3.5-1.]

As added by P.L.98-2004, SEC.8.
Ind. Code § 33-32-2-10 — Indiana Code / Title 33 / Article 32 / Chapter 2 / Section 33-32-2-10-b
Use of registered or certified mail
Status: in_force

Note: This version of section amended by P.L.191-2015, SEC.11. See also preceding version of this section amended by P.L.41-2015, SEC.1.

Sec. 10. (a) This section applies whenever the clerk is required to send by registered or certified mail a document filed with a court.

(b) The initial mailing of the document by registered or certified mail sent:

(1) to each party who is required to receive the mailing; and

(2) to only one (1) of the party's addresses;

shall be paid out of court costs and fees collected under IC 33-37.

(c) If a person requests the clerk to send any mailing by registered or certified mail after the initial mailing described in subsection (b), the person shall provide the clerk with the following:

(1) An envelope with sufficient postage affixed, addressed to the recipient with the address of the clerk's office as the return address.

(2) The United States Postal Service forms for registered or certified mail. If return receipt is requested, the forms must be completed so that the clerk's office receives the return receipt.

(3) The United States Postal Service fee for the appropriate service by registered or certified mail and return receipt, if requested.

The clerk may not collect any additional fee for sending a mailing.

As added by P.L.78-2014, SEC.6. Amended by P.L.191-2015, SEC.11.
Ind. Code § 33-27-2-10 — Indiana Code / Title 33 / Article 27 / Chapter 2 / Section 33-27-2-10
Agencies, organizations, other associations, or persons; immunity from civil liability
Status: in_force

Sec. 10. An agency, an organization, a person, or an association described in IC 33-27-3-2(c) is immune from civil liability for providing information or assistance in an investigation under IC 33-27-3-2 or for testifying before the judicial nominating commission if:

(1) the information or testimony is relevant to the evaluation of a candidate under IC 33-27-3-2(a); and

(2) the information or testimony is:

(A) an expression of opinion; or

(B) a statement of fact made without:

(i) knowledge that the statement is false; or

(ii) reckless disregard for the truth.

[Pre-2004 Recodification Citation: 33-2.1-4-16.]

As added by P.L.98-2004, SEC.6.
Ind. Code § 33-38-6-26 — Indiana Code / Title 33 / Article 38 / Chapter 6 / Section 33-38-6-26
Judge pro tempore service credit; conditions
Status: in_force

Sec. 26. (a) A participant may purchase judge pro tempore service credit if:

(1) the participant has at least one (1) year of service in the fund;

(2) before the participant retires, the participant makes contributions to the fund:

(A) that are equal to the product of:

(i) the participant's salary at the time the participant actually makes a contribution for the service credit; multiplied by

(ii) a percentage rate, as determined by the actuary of the fund, that is based on the age of the participant at the time the participant makes a contribution for service credit and computed to result in a contribution amount that approximates the actuarial present value of the benefit attributable to the service credit purchased; multiplied by

(iii) the number of years of judge pro tempore service the participant intends to purchase; and

(B) for any accrued interest, at a rate determined by the actuary of the fund, for the period from the participant's initial membership in the fund to the date payment is made by the participant; and

(3) the fund receives verification from the applicable court that the judge pro tempore service occurred.

(b) A participant may not receive service credit under this section if the judge pro tempore service for which the participant requests credit also qualifies the participant for a benefit in another retirement system.

(c) A participant who:

(1) terminates service before satisfying the requirements for eligibility to receive a retirement benefit from the fund; or

(2) receives a retirement benefit for the same service from another retirement system, other than under the federal Social Security Act;

may withdraw the participant's contributions made under this section plus accumulated interest after submitting to the fund a properly completed application for a refund.

(d) The following apply to the purchase of service credit under this section:

(1) The board may allow a participant to make periodic payments of the contributions required for the purchase of the service credit. The board shall determine the length of the period during which the payments are to be made.

(2) The board may deny an application for the purchase of service credit if the purchase would exceed the limitations set forth in Section 415 of the Internal Revenue Code.

(3) A participant may not claim the service credit for purposes of determining eligibility or computing benefits unless the participant has made all payments required for the purchase of the service credit.

(e) To the extent permitted by the Internal Revenue Code and applicable regulations, the fund may accept, on behalf of a participant who is purchasing service credit under this section, a rollover of a distribution from any of the following:

(1) A qualified plan described in Section 401(a) or Section 403(a) of the Internal Revenue Code.

(2) An annuity contract or account described in Section 403(b) of the Internal Revenue Code.

(3) An eligible plan that is maintained by a state, a political subdivision of a state, or an agency or instrumentality of a state or political subdivision of a state under Section 457(b) of the Internal Revenue Code.

(4) An individual retirement account or annuity described in Section 408(a) or Section 408(b) of the Internal Revenue Code.

(f) To the extent permitted by the Internal Revenue Code and the applicable regulations, the fund may accept, on behalf of a participant who is purchasing service credit under this section, a trustee to trustee transfer from any of the following:

(1) An annuity contract or account described in Section 403(b) of the Internal Revenue Code.

(2) An eligible deferred compensation plan under Section 457(b) of the Internal Revenue Code.

[Pre-2004 Recodification Citation: 33-13-8-27.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-33-10-21 — Indiana Code / Title 33 / Article 33 / Chapter 10 / Section 33-33-10-21
Court administrator
Status: in_force

Sec. 21. (a) The board of judges of the circuit court shall appoint a court administrator to implement and administer the decisions made by the board of judges.

(b) A circuit court administrator appointed under this section is subject to the rules concerning employment and management of circuit court personnel adopted by the board of judges under section 19 of this chapter.

As added by P.L.201-2011, SEC.43.
Ind. Code § 33-34-3-4 — Indiana Code / Title 33 / Article 34 / Chapter 3 / Section 33-34-3-4
Emergency possessory actions
Status: in_force

Sec. 4. The court has original and concurrent jurisdiction with the circuit and superior court in emergency possessory actions between a landlord and tenant under IC 32-31-6.

[Pre-2004 Recodification Citation: 33-11.6-4-3.5.]

As added by P.L.98-2004, SEC.13.
Ind. Code § 33-33-2-23 — Indiana Code / Title 33 / Article 33 / Chapter 2 / Section 33-33-2-23
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-5.1-17.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.118-2007, SEC.38.
Ind. Code § 33-33-57-1 — Indiana Code / Title 33 / Article 33 / Chapter 57 / Section 33-33-57-1
Judicial circuit
Status: in_force

Sec. 1. Noble County constitutes the thirty-third judicial circuit.

[Pre-2004 Recodification Citation: 33-4-1-57.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-39-6-5 — Indiana Code / Title 33 / Article 39 / Chapter 6 / Section 33-39-6-5
Minimum annual salary; full-time or part-time prosecuting attorneys
Status: in_force

Sec. 5. (a) The annual minimum salary paid by the state to a full-time prosecuting attorney described in section 6 of this chapter is equal to the minimum salary of the circuit court judge of the same judicial circuit as the prosecuting attorney.

(b) A prosecuting attorney of a judicial circuit, other than a full-time prosecuting attorney described in section 6 of this chapter is entitled to a minimum annual salary in an amount equal to sixty percent (60%) of the salary provided in subsection (a), except as provided by subsection (c).

(c) A prosecuting attorney, other than a full-time prosecuting attorney described in section 6 of this chapter, of a judicial circuit:

(1) that has a population of less than eighty-five thousand (85,000) and that adjoins any county having a population of more than one hundred sixty thousand (160,000); or

(2) in which is located:

(A) the Indiana state prison, the Pendleton Correctional Facility, the Plainfield Correctional Facility, the Branchville Correctional Facility, the Wabash Valley Correctional Facility, or the Putnamville Correctional Facility; or

(B) a state institution (as defined in IC 12-7-2.1-318) that has a daily population of at least three hundred fifty (350) patients;

is entitled to a minimum annual salary in an amount equal to sixty-six percent (66%) of the salary provided in subsection (a).

(d) The state shall pay, from the state general fund, the minimum annual salary of a prosecuting attorney. The state shall pay the minimum annual salary in equal installments with payments being made once every two (2) weeks.

[Pre-2004 Recodification Citation: 33-14-7-5.]

As added by P.L.98-2004, SEC.18. Amended by P.L.145-2026, SEC.222.
Ind. Code § 33-44-6-1 — Indiana Code / Title 33 / Article 44 / Chapter 6 / Section 33-44-6-1
Trust accounts containing qualified funds; transition to interest bearing attorney trust account
Status: in_force

Sec. 1. If the depositor and depository financial institution agree, a trust account that contains qualified funds held by an attorney subject to this article may be made an interest bearing attorney trust account.

[Pre-2004 Recodification Citation: 33-20-6-1.]

As added by P.L.98-2004, SEC.23.
Ind. Code § 33-33-59-6 — Indiana Code / Title 33 / Article 33 / Chapter 59 / Section 33-33-59-6
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-37.8-11.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.