Ind. Code § 33-38-7-11 — Indiana Code / Title 33 / Article 38 / Chapter 7 / Section 33-38-7-11
Retirement annuities; termination of employment; requirements; computation of amount
Status: in_force

Sec. 11. (a) Benefits provided under this section are subject to IC 33-38-6-13 and section 16 of this chapter.

(b) A participant whose employment as judge is terminated, regardless of cause, is entitled to a retirement annuity beginning on the date specified by the participant in a written application, if the following conditions are met:

(1) The date the annuity begins is not:

(A) before the date of final termination of employment by the participant; or

(B) the date thirty (30) days before the receipt of the participant's written application by the board.

(2) The participant:

(A) is at least sixty-two (62) years of age and has at least eight (8) years of service credit;

(B) is at least fifty-five (55) years of age and the participant's age in years plus the participant's years of service is at least eighty-five (85); or

(C) has become permanently disabled.

(3) The participant is not receiving a salary from the state for services currently performed as:

(A) a judge (as defined in IC 33-38-6-7); or

(B) a magistrate under IC 33-23-5.

(c) A participant:

(1) who:

(A) elects to accept retirement after June 30, 1977; and

(B) is at least sixty-five (65) years of age; or

(2) who:

(A) elects to accept retirement after June 30, 1999;

(B) is at least fifty-five (55) years of age; and

(C) meets the requirements under subsection (b)(2)(B);

is entitled to an annual retirement benefit as calculated in subsection (d).

(d) The annual retirement benefit for a participant who meets the requirements of subsection (c) equals the product of:

(1) the salary being paid for the office that the participant held at the time of the participant's separation from service; multiplied by

(2) the percentage prescribed in the following table:

TABLE A

Participant's Years

of Service

Percentage

8

24%

9

27%

10

30%

11

33%

12

50%

13

51%

14

52%

15

53%

16

54%

17

55%

18

56%

19

57%

20

58%

21

59%

22 or more

60%

If a participant has a partial year of service in addition to at least eight (8) full years of service, an additional percentage shall be calculated by prorating between the applicable percentages, based on the number of months in the partial year of service. A participant who elects to accept retirement before July 1, 1977, is entitled to an annual retirement benefit that equals the average of the benefit computed under this subsection and the benefit the participant would have received under IC 33-38-6 as in effect on June 30, 1977.

(e) If the annual retirement benefit of a participant who began service as a judge before July 1, 1977, as computed under subsection (d), is less than the amount the participant would have received under IC 33-38-6 as in effect on June 30, 1977, the participant is entitled to receive the greater amount as the participant's annual retirement benefit instead of the benefit computed under subsection (d).

(f) Except as provided in subsections (b)(2)(B) and (d), if a participant who elects to accept retirement after June 30, 1977, has not attained sixty-five (65) years of age, the participant is entitled to receive a reduced annual retirement benefit that equals the benefit that would be payable if the participant were sixty-five (65) years of age reduced by one-tenth percent (0.1%) for each month that the participant's age at retirement precedes the participant's sixty-fifth birthday. This reduction does not apply to:

(1) participants who are separated from service because of permanent disability;

(2) survivors of participants who die while in service after August 1, 1992; or

(3) survivors of participants who die while not in service but while entitled to a future benefit.

(g) A participant who is permanently disabled is entitled to an annual benefit equal to the product of:

(1) the salary being paid for the office that the participant held at the time of separation from service; multiplied by

(2) the percentage prescribed in the following table:

TABLE B

Participant's Years

of Service

Percentage

0-12

50%

13

51%

14

52%

15

53%

16

54%

17

55%

18

56%

19

57%

20

58%

21

59%

22 or more

60%

If a participant has a partial year of service in addition to at least eight (8) full years of service, an additional percentage shall be calculated by prorating between the applicable percentages, based on the number of months in the partial year of service.

(h) The surviving spouse or surviving child or children, as designated by the participant, of a participant who has qualified before July 1, 1977, to receive the retirement annuity under the provisions of this chapter, either by length of service or by being permanently disabled, shall, upon the death of such participant, be entitled to an annuity in an amount equal to the greater of:

(1) the sum of:

(A) two thousand dollars ($2,000); plus

(B) fifty percent (50%) of the amount of retirement annuity the participant was drawing at the time of the participant's death, or to that which the participant would have been entitled had the participant retired and begun receiving retirement annuity benefits prior to the participant's death; or

(2) the amount determined under the following table:

TABLE C

Year

Amount

July 1, 1995, to

June 30, 1996

$10,000

July 1, 1996, to

June 30, 1997

$11,000

July 1, 1997, and

thereafter

$12,000

(i) If a participant who qualifies after June 30, 1977, and before July 1, 1983, to receive a retirement annuity under the provisions of this chapter, either by length of service or by being permanently disabled, dies, the participant's surviving spouse or surviving child or children, as designated by the participant, is or are entitled to an annuity in an amount equal to the greater of:

(1) fifty percent (50%) of the amount of retirement annuity the participant was drawing at the time of death, or to that which the participant would have been entitled had the participant retired and begun receiving retirement annuity benefits before death; or

(2) the amount determined under TABLE C in subsection (h)(2).

(j) If a participant:

(1) dies after June 30, 1983; and

(2) on the date of the participant's death:

(A) was receiving benefits under this chapter;

(B) had completed at least eight (8) years of service and was in service as a judge;

(C) was permanently disabled; or

(D) had completed at least eight (8) years of service, was not still in service as a judge, and was entitled to a future benefit;

the participant's surviving spouse or surviving child or children, as designated by the participant, is or are entitled, regardless of the participant's age, to an annuity in an amount equal to the greater of the amount determined under TABLE C in subsection (h)(2) or fifty percent (50%) of the amount of retirement annuity the participant was drawing at the time of death, or to that which the participant would have been entitled had the participant retired and begun receiving retirement annuity benefits on the participant's date of death, with reductions as necessary under subsection (f).

(k) Notwithstanding subsection (j), if a participant:

(1) died after June 30, 1983, and before July 1, 1985; and

(2) was serving as a judge at the time of death;

the surviving spouse is entitled to the same retirement annuity as the surviving spouse of a permanently disabled participant entitled to benefits under subsection (i).

(l) The annuity payable to a surviving child or children under subsection (h), (i), or (j), is subject to the following:

(1) The total monthly benefit payable to a surviving child or children is equal to the same monthly annuity that was to have been payable to the surviving spouse.

(2) If there is more than one (1) child designated by the participant, then the children are entitled to share the annuity in equal monthly amounts.

(3) Each child entitled to an annuity shall 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.

(4) Upon the cessation of payments to one (1) designated child, if there is at least one (1) other child then surviving and still entitled to payments, the remaining child or children shall share equally the annuity. If the surviving spouse of the participant is surviving upon the cessation of payments to all designated children, the surviving spouse will then receive the annuity for the remainder of the surviving spouse's life.

(5) The annuity shall be payable to the participant's surviving spouse if any of the following occur:

(A) No child named as a beneficiary by a participant survives the participant.

(B) No children designated by the participant are entitled to an annuity due to their age at the time of death of the participant.

(C) A designation is not made.

(6) An annuity payable to a surviving child or children may be paid to a trust or a custodian account under IC 30-2-8.5, established for the surviving child or children as designated by the participant.

[Pre-2004 Recodification Citation: 33-13-9.1-4.]

As added by P.L.98-2004, SEC.17. Amended by P.L.28-2005, SEC.1.
Ind. Code § 33-33-30-3 — Indiana Code / Title 33 / Article 33 / Chapter 30 / Section 33-33-30-3
Judges
Status: in_force

Sec. 3. Each court consists of one (1) judge.

[Pre-2004 Recodification Citation: 33-5-23-1.]

As added by P.L.98-2004, SEC.12. Amended by P.L.161-2011, SEC.5; P.L.201-2011, SEC.50.
Ind. Code § 33-26-5-1 — Indiana Code / Title 33 / Article 26 / Chapter 5 / Section 33-26-5-1
Small claims docket
Status: in_force

Sec. 1. The tax court shall establish a small claims docket for processing:

(1) claims for refunds from the department of state revenue that do not exceed five thousand dollars ($5,000) for any year; and

(2) appeals of final determinations of assessed value made by the Indiana board of tax review that do not exceed forty-five thousand dollars ($45,000).

[Pre-2004 Recodification Citation: 33-3-5-12.]

As added by P.L.98-2004, SEC.5.
Ind. Code § 33-33-71-62 — Indiana Code / Title 33 / Article 33 / Chapter 71 / Section 33-33-71-62
Petition to modify or reject commission recommendation
Status: in_force

Sec. 62. (a) A petition to the supreme court to modify or reject the recommendation of the commission on judicial qualifications for censure, retirement, or removal of a judge may be filed by the judge within thirty (30) days after the filing with the clerk of the supreme court of the certified copy of the commission's recommendation. The petition must:

(1) be verified;

(2) be based on the record;

(3) specify the grounds relied on; and

(4) be accompanied by petitioner's brief together with proof of service on the commission of two (2) copies, and on the counsel of one (1) copy, of the petition and the brief.

Within twenty (20) days after service of petitioner's brief the commission on judicial qualifications shall file a respondent's brief and serve a copy of the respondent's brief on the judge. Within twenty (20) days after service of the respondent's brief, the petitioner may file a reply brief, two (2) copies of which shall be served on the commission on judicial qualifications and one (1) copy shall be served on the counsel.

(b) Failure to file a petition within the time provided is considered a consent to the determination on the merits based upon the record filed by the commission on judicial qualifications.

(c) To the extent necessary to implement this section and if not inconsistent with this section, the Indiana Rules of Appellate Procedure are applicable to reviews by the supreme court of commission on judicial qualifications proceedings.

[Pre-2004 Recodification Citation: 33-5-40-66.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-38-8-26 — Indiana Code / Title 33 / Article 38 / Chapter 8 / Section 33-38-8-26
Assignment of benefits
Status: in_force

Sec. 26. A participant, beneficiary, or survivor may not assign any payment under this chapter except for the following:

(1) Premiums on a life, hospitalization, surgical, or medical group insurance plan maintained in part by a state agency.

(2) Dues to an association that proves to the board's satisfaction that the association has as members at least twenty percent (20%) of the retired participants in the plan.

As added by P.L.27-2019, SEC.22.
Ind. Code § 33-31-1-19 — Indiana Code / Title 33 / Article 31 / Chapter 1 / Section 33-31-1-19
Appeals
Status: in_force

Sec. 19. A party may appeal to the supreme court or the court of appeals from the order or judgment of the probate court in any case in which an appeal may be had from an order or judgment of the circuit court. The appeal shall be regulated by the law regulating appeals from the circuit court to the court of appeals and the supreme court, so far as applicable. An appeal may also be taken to the court of appeals and the supreme court in the same manner and in like cases as from circuit courts.

[Pre-2004 Recodification Citation: 33-8-2-20.]

As added by P.L.98-2004, SEC.10.
Ind. Code § 33-33-21-1 — Indiana Code / Title 33 / Article 33 / Chapter 21 / Section 33-33-21-1
Judicial circuit
Status: in_force

Sec. 1. Fayette County constitutes the seventy-third judicial circuit.

[Pre-2004 Recodification Citation: 33-4-1-21.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-73-1 — Indiana Code / Title 33 / Article 33 / Chapter 73 / Section 33-33-73-1
Judicial circuit
Status: in_force

Sec. 1. Shelby County constitutes the sixteenth judicial circuit.

[Pre-2004 Recodification Citation: 33-4-1-72.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-49-30 — Indiana Code / Title 33 / Article 33 / Chapter 49 / Section 33-33-49-30
Conditions of continued qualification for office of judge; complaints; retirement; vacancies
Status: in_force

Sec. 30. (a) Subject to section 13.7 of this chapter, a judge remains qualified to hold office as long as the judge:

(1) remains fair and impartial in judicial functions;

(2) remains physically and mentally capable of performing all the functions and duties of the office of judge; and

(3) continues to reside in Marion County.

(b) Complaints against a judge must be forwarded to the commission on judicial qualifications as provided in IC 33-38-13 by any judge of the superior court.

(c) If the judge wishes to retire before the judge's term has ended, the judge shall provide written notice to the chief judge of the court.

(d) When a vacancy occurs in the court by death, removal, retirement, or for any other reason, a successor judge shall be appointed as described in section 13.4 of this chapter. The successor judge must be a member of the same political party as the judge who is to be succeeded.

[Pre-2004 Recodification Citation: 33-5.1-2-25.]

As added by P.L.98-2004, SEC.12. Amended by P.L.161-2011, SEC.9; P.L.201-2011, SEC.77; P.L.106-2022, SEC.3; P.L.76-2026, SEC.18.
Ind. Code § 33-33-76-2 — Indiana Code / Title 33 / Article 33 / Chapter 76 / Section 33-33-76-2
Establishment of standard superior court
Status: in_force

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

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

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

[Pre-2004 Recodification Citation: 33-5-40.1-1.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-40-3-9 — Indiana Code / Title 33 / Article 40 / Chapter 3 / Section 33-40-3-9
Collection and deposit of fees
Status: in_force

Sec. 9. Fees assessed under section 6 of this chapter shall be collected by the program providing court appointed legal services in the county. These fees shall be deposited in the supplemental public defender services fund established under section 1 of this chapter.

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

As added by P.L.98-2004, SEC.19.
Ind. Code § 33-34-1-1 — Indiana Code / Title 33 / Article 34 / Chapter 1 / Section 33-34-1-1
Judge
Status: in_force

Sec. 1. As used in this article, "judge" means the judge of a small claims court established under this chapter unless otherwise indicated.

[Pre-2004 Recodification Citation: 33-11.6-1-2.]

As added by P.L.98-2004, SEC.13.
Ind. Code § 33-33-56-3 — Indiana Code / Title 33 / Article 33 / Chapter 56 / Section 33-33-56-3
Judge
Status: in_force

Sec. 3. The Newton superior court has one (1) judge.

[Pre-2004 Recodification Citation: 33-5-37.2-2.]

As added by P.L.98-2004, SEC.12. Amended by P.L.161-2011, SEC.12; P.L.201-2011, SEC.81.
Ind. Code § 33-23-12-3 — Indiana Code / Title 33 / Article 23 / Chapter 12 / Section 33-23-12-3
Right to participate in or abstain from political activity
Status: in_force

Sec. 3. Except when on duty or acting in an official capacity and except where otherwise provided by state or federal law, a court employee may not be:

(1) discouraged from engaging in political activity; or

(2) denied the right to choose to refrain from engaging in political activity.

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

As added by P.L.98-2004, SEC.2.
Ind. Code § 33-37-5-17 — Indiana Code / Title 33 / Article 37 / Chapter 5 / Section 33-37-5-17
Deferred prosecution fees
Status: in_force

Sec. 17. (a) This section applies to actions in which the court defers prosecution under IC 33-39-1-8.

(b) In each action in which prosecution is deferred, the clerk shall collect from the defendant:

(1) a deferred prosecution fee of one hundred twenty dollars ($120) for court costs; and

(2) any applicable user or program fees described under IC 33-39-1-8(f) or IC 33-39-1-8(h).

[Pre-2004 Recodification Citation: 33-19-6-16.2.]

As added by P.L.98-2004, SEC.16. Amended by P.L.176-2005, SEC.10; P.L.24-2018, SEC.2.
Ind. Code § 33-39-7-0.1 — Indiana Code / Title 33 / Article 39 / Chapter 7 / Section 33-39-7-0.1
Applicability of P.L.33-2006 amendments
Status: in_force

Sec. 0.1. The amendments made to sections 15, 16, and 19 of this chapter by P.L.33-2006 apply to a participant in the fund who:

(1) is serving on July 1, 2006; or

(2) serves after July 1, 2006;

in a position described in section 8 of this chapter.

As added by P.L.13-2011, SEC.11; P.L.220-2011, SEC.543. Amended by P.L.160-2013, SEC.1.
Ind. Code § 33-23-5-1 — Indiana Code / Title 33 / Article 23 / Chapter 5 / Section 33-23-5-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to a court expressly authorized by statute to appoint a full-time magistrate.

[Pre-2004 Recodification Citation: 33-4-7-1.]

As added by P.L.98-2004, SEC.2.
Ind. Code § 33-42-0.5-1 — Indiana Code / Title 33 / Article 42 / Chapter 0.5 / Section 33-42-0.5-1
Application of law
Status: in_force

Sec. 1. (a) The definitions in this chapter apply throughout this article.

(b) Amendments to this article that are effective after June 30, 2017, do not affect the validity or effect of a notarial act performed under this article before July 1, 2019.

(c) This article applies only to a notary public commissioned or recommissioned after June 30, 2019.

(d) To the extent that IC 26-2-8 conflicts with this article, IC 26-2-8 is controlling.

As added by P.L.128-2017, SEC.12. Amended by P.L.59-2018, SEC.8.
Ind. Code § 33-33-92-4 — Indiana Code / Title 33 / Article 33 / Chapter 92 / Section 33-33-92-4
Small claims referee
Status: in_force

Sec. 4. (a) If the Whitley county executive establishes the position of small claims referee to serve the Whitley superior court, the judge of the Whitley superior court may appoint a part-time small claims referee under IC 33-29-3 to assist the court in the exercise of its small claims jurisdiction.

(b) The small claims referee is entitled to reasonable compensation not exceeding twenty thousand dollars ($20,000) as recommended by the judge of the Whitley superior court to be paid by the county after the compensation is approved by the county fiscal body. The state shall pay fifty percent (50%) of the salary set under this subsection and the county shall pay the remainder of the salary.

(c) The Whitley County executive shall provide and maintain a suitable courtroom and facilities for the use of the small claims referee, including furniture and equipment, as necessary.

(d) The Whitley superior court shall employ administrative staff necessary to support the functions of the small claims referee.

(e) The county fiscal body shall appropriate sufficient funds for the provision of staff and facilities required under this section.

[Pre-2004 Recodification Citation: 33-5-50-11.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-34-4-2 — Indiana Code / Title 33 / Article 34 / Chapter 4 / Section 33-34-4-2
Witnesses; contempt and enforcement of orders
Status: in_force

Sec. 2. The small claims court has the same power as the circuit court in relation to the:

(1) attendance of witnesses;

(2) punishment of contempts; and

(3) enforcement of its orders.

[Pre-2004 Recodification Citation: 33-11.6-5-2.]

As added by P.L.98-2004, SEC.13.
Ind. Code § 33-33-5-5 — Indiana Code / Title 33 / Article 33 / Chapter 5 / Section 33-33-5-5
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-8.5-3.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-24-2-1 — Indiana Code / Title 33 / Article 24 / Chapter 2 / Section 33-24-2-1
Approval or rejection of justices
Status: in_force

Sec. 1. Justices of the supreme court shall be approved or rejected by the electorate of the state under Article 7, Section 11 of the Constitution of the State of Indiana.

[Pre-2004 Recodification Citation: 33-2.1-2-6.]

As added by P.L.98-2004, SEC.3.
Ind. Code § 33-24-3-3 — Indiana Code / Title 33 / Article 24 / Chapter 3 / Section 33-24-3-3
Seal
Status: in_force

Sec. 3. (a) The supreme court shall have a seal that is devised by the justices of the supreme court.

(b) A description of the seal shall be recorded in the office of the secretary of state.

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

As added by P.L.98-2004, SEC.3.
Ind. Code § 33-22-1-3 — Indiana Code / Title 33 / Article 22 / Chapter 1 / Section 33-22-1-3
Statutory construction of recodification
Status: in_force

Sec. 3. Subject to section 2 of this chapter, sections 4 through 9 of this chapter shall be applied to the statutory construction of the recodification act of the 2004 regular session of the general assembly.

[2004 Recodification Citation: New.]

As added by P.L.98-2004, SEC.1.
Ind. Code § 33-33-48-6 — Indiana Code / Title 33 / Article 33 / Chapter 48 / Section 33-33-48-6
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-33.1-6.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-28-3-9 — Indiana Code / Title 33 / Article 28 / Chapter 3 / Section 33-28-3-9
Evening sessions; additional sessions
Status: in_force

Sec. 9. The court may hold additional sessions in the evening and on holidays as necessary to ensure the just, speedy, and inexpensive determination of every action.

[Pre-2004 Recodification Citation: 33-4-3-12.]

As added by P.L.98-2004, SEC.7. Amended by P.L.161-2018, SEC.72.
Ind. Code § 33-36-3-4 — Indiana Code / Title 33 / Article 36 / Chapter 3 / Section 33-36-3-4
Repealed
Status: repealed

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

As added by P.L.98-2004, SEC.15. Repealed by P.L.88-2006, SEC.9.
Ind. Code § 33-33-79-3 — Indiana Code / Title 33 / Article 33 / Chapter 79 / Section 33-33-79-3
Establishment of superior court; election of judge
Status: in_force

Sec. 3. (a) There is established a court of record to be known as the superior court of Tippecanoe County.

(b) The superior court has one (1) judge, who shall hold office for six (6) years, beginning on the first day of January after the judge's election, and until the judge's successor is elected and qualified. The judge shall be elected every six (6) years at the general election.

[Pre-2004 Recodification Citation: 33-5-41-1.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-44-3-10 — Indiana Code / Title 33 / Article 44 / Chapter 3 / Section 33-44-3-10
"Qualified funds"
Status: in_force

Sec. 10. "Qualified funds" means money received by an attorney from a client or beneficial owner in a fiduciary capacity that, in the good faith judgment of the attorney, is:

(1) of such an amount; or

(2) reasonably expected to be held for such a short term;

that sufficient interest income will not be generated to justify the expense of administering a segregated account.

[Pre-2004 Recodification Citation: 33-20-3-10.]

As added by P.L.98-2004, SEC.23.
Ind. Code § 33-33-27-9 — Indiana Code / Title 33 / Article 33 / Chapter 27 / Section 33-33-27-9
Repealed
Status: repealed

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

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-28-5-16 — Indiana Code / Title 33 / Article 28 / Chapter 5 / Section 33-28-5-16
Juror qualification form; mailing; contents
Status: in_force

Sec. 16. (a) Not later than seven (7) days after the date of the drawing of names of persons to be notified of jury service from the jury pool, the jury administrator shall provide a juror qualification form to each person who is notified to appear for jury service. The qualification form must be accompanied by instructions to fill out and return the qualification form to the jury administrator within a specified period. The instructions must advise prospective jurors of the procedure for requesting a deferral from jury service.

(b) The juror qualification form must elicit whether the prospective juror:

(1) is a citizen of the United States;

(2) is at least eighteen (18) years of age;

(3) is a resident of the summoning county;

(4) is able to read, speak, and understand the English language;

(5) is not suffering from any physical or mental disability that prevents the person from rendering satisfactory jury service;

(6) is not under a guardianship because of mental incapacity;

(7) has not had the right to vote revoked by reason of a felony conviction, unless the right to vote has been restored; or

(8) is a law enforcement officer.

The juror qualification form must contain the prospective juror's declaration, under oath or affirmation, that the responses are true to the best of the prospective juror's knowledge. Notarization of the juror qualification form is not required.

(c) If a prospective juror is unable to fill out the form, another person may fill out the form for the prospective juror. If the form is completed by a person other than a prospective juror, the form must indicate that another person has done so and the reason for doing so.

(d) If it appears there is an omission, ambiguity, or error in a returned form, the jury administrator shall resend the form, instructing the prospective juror to make the necessary addition, clarification, or correction and to return the form to the jury administrator within a specified period.

[Pre-2004 Recodification Citation: 33-4-11-16.]

As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007, SEC.13.
Ind. Code § 33-42-0.5-14 — Indiana Code / Title 33 / Article 42 / Chapter 0.5 / Section 33-42-0.5-14
"Electronic signature"
Status: in_force

Sec. 14. "Electronic signature" means an electronic process, sound, or symbol that is adopted by an individual for the purpose of electronically signing an electronic record.

As added by P.L.59-2018, SEC.21.
Ind. Code § 33-33-54-5 — Indiana Code / Title 33 / Article 33 / Chapter 54 / Section 33-33-54-5
Repealed
Status: repealed

As added by P.L.2-2005, SEC.94. Repealed by P.L.237-2005, SEC.26.
Ind. Code § 33-28-1-11 — Indiana Code / Title 33 / Article 28 / Chapter 1 / Section 33-28-1-11
Oath, bond, and authority of elisor
Status: in_force

Sec. 11. An elisor appointed under section 10 of this chapter shall take the same oath and give the same bond and surety that are required of sheriffs. The elisor has the same authority to perform all the duties of the sheriff that relate to the service for which the elisor is specially appointed. The elisor is governed by the same rules and subject to the same penalties and liabilities as the sheriff.

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

As added by P.L.98-2004, SEC.7.
Ind. Code § 33-33-48-18 — Indiana Code / Title 33 / Article 33 / Chapter 48 / Section 33-33-48-18
Court administrator
Status: in_force

Sec. 18. (a) Subject to the budget approved for the circuit court by the fiscal body of Madison County, the circuit court may appoint a court administrator.

(b) A court administrator appointed under this section is subject to the rules concerning employment and management of circuit court personnel adopted by the circuit court under section 16 of this chapter.

As added by P.L.201-2011, SEC.75.
Ind. Code § 33-39-12-1 — Indiana Code / Title 33 / Article 39 / Chapter 12 / Section 33-39-12-1
"Affected law enforcement officer"
Status: in_force

Sec. 1. As used in this chapter, "affected law enforcement officer" means a law enforcement officer whose name is included on a Giglio list.

As added by P.L.93-2025, SEC.1.
Ind. Code § 33-24-2-2 — Indiana Code / Title 33 / Article 24 / Chapter 2 / Section 33-24-2-2
Justice's statement concerning retention
Status: in_force

Sec. 2. A justice who wishes to be retained in office shall file a statement with the secretary of state, not later than noon July 15 of the year in which the question of retention of the justice is to be placed on the general election ballot, indicating that the justice wishes to have the question of the justice's retention placed on the ballot. The justice's statement must include a statement of the justice's name as:

(1) the justice wants the justice's name to appear on the ballot; and

(2) the candidate's name is permitted to appear on the ballot under IC 3-5-7.

[Pre-2004 Recodification Citation: 33-2.1-2-6.]

As added by P.L.98-2004, SEC.3.
Ind. Code § 33-38-6.9-3 — Indiana Code / Title 33 / Article 38 / Chapter 6.9 / Section 33-38-6.9-3
Application of certain amendments to IC 33-38-7-11
Status: in_force

Sec. 3. The amendments made to IC 33-38-7-11 by P.L.28-2005 apply:

(1) to participants in the judges' 1977 retirement, disability, and death benefit system regardless of whether the participants:

(A) retired before July 1, 2005; or

(B) retire after June 30, 2005; and

(2) only to benefits first payable after June 30, 2005.

As added by P.L.220-2011, SEC.541.
Ind. Code § 33-33-2-33 — Indiana Code / Title 33 / Article 33 / Chapter 2 / Section 33-33-2-33
Judicial nominating commission; membership
Status: in_force

Sec. 33. (a) The judicial nominating commission consists of seven (7) members, the majority of whom shall form a quorum. The chief justice of the supreme court (or a justice of the supreme court or judge of the court of appeals designated by the chief justice) shall be a member and shall act as chairman. Persons who are admitted to the practice of law and who reside in Allen County shall, under sections 35 and 36 of this chapter, elect three (3) members to serve on the commission. The governor shall appoint to the commission three (3) residents of Allen County who are not admitted to the practice of law. However, not more than two (2) of these appointees may be from the same political party. If the governor fails to appoint any of the nonattorney commission members within the time required under section 34 of this chapter, the appointment shall be made by the chief justice of the supreme court.

(b) A member of the commission other than a judge or justice may not hold any other salaried public office, and a member may not hold an office in a political party or organization. A member of the commission is ineligible for appointment to a judicial office in Allen County while the member is a member of the commission and for three (3) years thereafter. If any member of the commission other than a judge or justice terminates the member's residence in Allen County, the member is considered to have resigned from the commission.

[Pre-2004 Recodification Citation: 33-5-5.1-31.1.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-82-14 — Indiana Code / Title 33 / Article 33 / Chapter 82 / Section 33-33-82-14
Location of court sessions
Status: in_force

Sec. 14. (a) The Vanderburgh superior court shall hold sessions in the Vanderburgh County courthouse in Evansville or its replacement.

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

(1) provide and maintain in the courthouse suitable and convenient courtrooms for the holding of the court, suitable and convenient jury rooms, offices for the judges, secretaries, and official court reporters, and other facilities as necessary; and

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

[Pre-2004 Recodification Citation: 33-5-43-10.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-39-1-6 — Indiana Code / Title 33 / Article 39 / Chapter 1 / Section 33-39-1-6
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-14-1-6.]

As added by P.L.98-2004, SEC.18. Amended by P.L.222-2005, SEC.38; P.L.119-2007, SEC.3; P.L.114-2012, SEC.58. Repealed by P.L.57-2014, SEC.4.
Ind. Code § 33-33-49-3 — Indiana Code / Title 33 / Article 33 / Chapter 49 / Section 33-33-49-3
"City-county council" defined
Status: in_force

Sec. 3. As used in this chapter, "city-county council" refers to the Indianapolis, Marion County city-county council.

[Pre-2004 Recodification Citation: 33-5.1-1-2.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-56-4 — Indiana Code / Title 33 / Article 33 / Chapter 56 / Section 33-33-56-4
Location of court sessions
Status: in_force

Sec. 4. The Newton superior court shall hold its sessions in:

(1) the Newton County courthouse in Kentland; or

(2) other places in the county as the board of county commissioners of Newton County may provide.

[Pre-2004 Recodification Citation: 33-5-37.2-11.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-0.5-2 — Indiana Code / Title 33 / Article 33 / Chapter 0.5 / Section 33-33-0.5-2
"Abolished court"
Status: in_force

Sec. 2. As used in this chapter, "abolished court" means a court abolished under this article.

As added by P.L.224-2025, SEC.2.
Ind. Code § 33-34-3-6 — Indiana Code / Title 33 / Article 34 / Chapter 3 / Section 33-34-3-6
Adoption of rules
Status: in_force

Sec. 6. (a) The judge of the circuit court, assisted by the judges of the small claims court, shall make and adopt uniform rules for conducting the business of the small claims court:

(1) according to a simplified procedure; and

(2) in the spirit of sections 7 and 9 of this chapter.

(b) The judge of the circuit court, assisted by the judges of the small claims court, shall make and adopt uniform rules for practice and procedure in the small claims courts.

[Pre-2004 Recodification Citation: 33-11.6-4-5.]

As added by P.L.98-2004, SEC.13. Amended by P.L.170-2015, SEC.9.
Ind. Code § 33-28-5-7 — Indiana Code / Title 33 / Article 28 / Chapter 5 / Section 33-28-5-7
"Supervising judge" defined
Status: in_force

Sec. 7. As used in this chapter, "supervising judge" means a judge of the courts designated to supervise the jury assembly process.

[Pre-2004 Recodification Citation: 33-4-11-7.]

As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007, SEC.7.
Ind. Code § 33-41-2-4 — Indiana Code / Title 33 / Article 41 / Chapter 2 / Section 33-41-2-4
Official court reporter defined
Status: in_force

Sec. 4. As used in this chapter, "official court reporter" means any court reporter who is appointed as the official court reporter by the judge of any circuit, superior, or probate court in Indiana.

[Pre-2004 Recodification Citation: 33-15-26-1.]

As added by P.L.98-2004, SEC.20.
Ind. Code § 33-38-5-8.2 — Indiana Code / Title 33 / Article 38 / Chapter 5 / Section 33-38-5-8.2
Health care adjustment for employees of judicial branch
Status: in_force

Sec. 8.2. (a) As used in this section, "employees of the judicial branch" includes the following:

(1) Each judge described in section 6 of this chapter.

(2) Each magistrate:

(A) described in section 7 of this chapter; and

(B) receiving a salary under IC 33-23-5-10.

(3) Each justice and judge described in section 8 of this chapter.

(4) The judge described in IC 33-26.

(5) A prosecuting attorney whose entire salary is paid by the state.

(b) Employees of the judicial branch are entitled to a health care adjustment in any year that the governor provides a health care adjustment to employees of the executive branch.

As added by P.L.95-2004, SEC.16. Amended by P.L.2-2005, SEC.110; P.L.165-2021, SEC.195.
Ind. Code § 33-23-16-11 — Indiana Code / Title 33 / Article 23 / Chapter 16 / Section 33-23-16-11
Establishment of a problem solving court
Status: in_force

Sec. 11. A city court or county court may establish a problem solving court. A problem solving court established under this section may be:

(1) a drug court;

(2) a mental health court;

(3) a family dependency drug court;

(4) a community court;

(5) a reentry court;

(6) a domestic violence court;

(7) a veterans' court;

(8) a safe baby court; or

(9) any other court certified as a problem solving court by the office of judicial administration under section 17 of this chapter.

As added by P.L.108-2010, SEC.4. Amended by P.L.161-2018, SEC.50; P.L.9-2022, SEC.72; P.L.51-2024, SEC.2.
Ind. Code § 33-42-17-3 — Indiana Code / Title 33 / Article 42 / Chapter 17 / Section 33-42-17-3
Remote notary public functions; requirements; use of equipment
Status: in_force

Sec. 3. (a) A remote notary public:

(1) is a notary public subject to IC 33-42-12 to the same extent as a notary public who is not registered under this chapter;

(2) may perform notarial acts under IC 33-42-9 in addition to performing remote notarial acts; and

(3) may perform remote notarial acts in accordance with this chapter.

(b) A remote notary public who is physically present in Indiana may perform the following notarial acts as remote notarial acts:

(1) Taking an acknowledgment.

(2) Administering an affirmation or oath.

(3) Taking a verification on an oath or affirmation.

(4) Attesting to or witnessing a signature.

(5) Attesting to or certifying a copy of a document or record.

(c) A remote notary public may use audiovisual communication technology in performance of a remote notarial act described in subsection (b) if the remote notary public has first:

(1) selected an audiovisual communication technology that has been approved by the secretary of state under rules adopted under IC 4-22-2; and

(2) notified the secretary of state of the selection.

(d) Subject to subsection (e), a remote notarial act performed:

(1) by a remote notary public commissioned in Indiana; and

(2) using audiovisual communication technology described in subsection (c);

is considered to have been performed in Indiana, regardless of the physical location of the principal at the time the remote notarial act is performed, and is governed by Indiana law.

(e) A remote notary public may perform a remote notarial act using audiovisual communication technology described in subsection (c) for a principal that is present:

(1) in Indiana;

(2) outside Indiana, but within the United States; or

(3) outside the United States if:

(A) the requested notarial act is not prohibited in the jurisdiction where the principal is present at the time of the remote notarial act; and

(B) the remote notarial act concerns a matter that:

(i) is before a court, a governmental entity, or another entity in;

(ii) concerns a property located in; or

(iii) relates to a transaction substantially connected to a territory or jurisdiction of;

the United States.

(f) A remote notarial act that is performed using audiovisual communication technology described in subsection (c) must be captured by an audiovisual recording, regardless of whether the requested remote notarial act is completed.

(g) Before performing a remote notarial act described in subsections (b) and (c), a remote notary public shall inform the participating parties that the remote notarial act will be captured by an audiovisual recording.

(h) An audiovisual recording of a remote notarial act must include the following:

(1) A recitation of the following by the remote notary public:

(A) Identifying information sufficient to identify the specific remote notarial act performed.

(B) A statement explaining one (1) of the following:

(i) That the principal's identity is authenticated through the remote notary public's personal knowledge of the principal's identity.

(ii) That the identity of the principal is authenticated by a credible witness.

(2) A confirmation by the principal that the principal's electronic signature is freely and voluntarily issued.

(i) Regardless of the physical location of the principal at the time of the notarial act, the validity of a remote notarial act performed by a remote notary public commissioned in Indiana must be determined under the laws of this state.

As added by P.L.59-2018, SEC.64. Amended by P.L.177-2019, SEC.30.
Ind. Code § 33-38-7-4 — Indiana Code / Title 33 / Article 38 / Chapter 7 / Section 33-38-7-4
"Employer"
Status: in_force

Sec. 4. As used in this chapter, "employer" means the state of Indiana.

[Pre-2004 Recodification Citation: 33-13-9.1-2.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-23-16-7 — Indiana Code / Title 33 / Article 23 / Chapter 16 / Section 33-23-16-7
"Mental health court"
Status: in_force

Sec. 7. As used in this chapter, "mental health court" means a problem solving court focused on addressing the mental health needs of individuals in the court system by:

(1) bringing together mental health professionals, local social programs, and intensive judicial monitoring; and

(2) linking eligible individuals to individually tailored programs or services.

As added by P.L.108-2010, SEC.4.
Ind. Code § 33-33-45-9 — Indiana Code / Title 33 / Article 33 / Chapter 45 / Section 33-33-45-9
Additional court powers
Status: in_force

Sec. 9. The court has the same power to grant restraining orders and injunctions, to issue writs of habeas corpus, 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 the circuit courts in counties where there is no criminal court.

[Pre-2004 Recodification Citation: 33-5-29.5-7.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-27.2-7 — Indiana Code / Title 33 / Article 33 / Chapter 27.2 / Section 33-33-27.2-7
Judicial powers
Status: in_force

Sec. 7. The judge of the Grant superior court No. 2 may make and adopt rules and regulations for conducting the business of the Grant superior court 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 acknowledgments of deeds, give all necessary certificates for the authentication of records and proceedings of the court, and make and execute certificates of qualification and moral character of persons petitioning to be commissioned as notaries public.

[Pre-2004 Recodification Citation: 33-5-19-6.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-34-2-8 — Indiana Code / Title 33 / Article 34 / Chapter 2 / Section 33-34-2-8
Retirement fund; eligibility
Status: in_force

Sec. 8. The:

(1) judge of a small claims court; and

(2) employees of the court;

may be eligible to participate in the public employees' retirement fund as provided in IC 5-10.3, but a judge is not eligible to participate as a member in the judges' retirement fund under IC 33-38.

[Pre-2004 Recodification Citation: 33-11.6-3-9.]

As added by P.L.98-2004, SEC.13.
Ind. Code § 33-33-14-5 — Indiana Code / Title 33 / Article 33 / Chapter 14 / Section 33-33-14-5
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-10.6-11.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-33-56-6 — Indiana Code / Title 33 / Article 33 / Chapter 56 / Section 33-33-56-6
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-37.2-16.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-33-45-23 — Indiana Code / Title 33 / Article 33 / Chapter 45 / Section 33-33-45-23
Transfer of actions to circuit court
Status: in_force

Sec. 23. Any judge of the court may, with the consent of the judge of the Lake circuit court, transfer any civil action, cause or proceeding filed and docketed in the court to the Lake circuit court by transferring all original papers and instruments filed in such action, cause, or proceeding without further transcript thereof to be redocketed and disposed of as if originally filed with the Lake circuit court.

[Pre-2004 Recodification Citation: 33-5-29.5-24.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-31-1-2 — Indiana Code / Title 33 / Article 31 / Chapter 1 / Section 33-31-1-2
Court of record; seal
Status: in_force

Sec. 2. The court:

(1) is a court of record; and

(2) shall have a seal and device, as the judge may choose, with the name of the county on its face. A description and impression of the seal and device shall be spread on the order book of the court.

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

As added by P.L.98-2004, SEC.10.
Ind. Code § 33-26-8-4 — Indiana Code / Title 33 / Article 26 / Chapter 8 / Section 33-26-8-4
Order to produce information
Status: in_force

Sec. 4. Upon petition from the department of local government finance or a contractor, the tax court may order a qualifying official to produce information requested in writing from the qualifying official by the department of local government finance or the contractor.

[Pre-2004 Recodification Citation: 33-3-5-2.5.]

As added by P.L.98-2004, SEC.5.
Ind. Code § 33-38-13-19 — Indiana Code / Title 33 / Article 38 / Chapter 13 / Section 33-38-13-19
Rights of judge; proceedings; notice; incapacity
Status: in_force

Sec. 19. (a) In formal proceedings involving a justice's or judge's discipline, retirement, or removal, the justice or judge may do the following:

(1) Defend against the charges by introducing evidence.

(2) Be represented by counsel.

(3) Examine and cross-examine witnesses.

(4) Issue subpoenas for attendance of witnesses to testify or produce evidentiary matter under section 31 of this chapter.

(b) The commission shall transcribe the testimony and provide a copy at no cost to the justice or judge. The justice or judge is entitled to have any part of the testimony transcribed at the justice's or judge's expense.

(c) Except as otherwise provided in this chapter, notice or any other matter shall be sent to a justice or judge by registered or certified mail to the justice or judge at the justice's or judge's office and residence unless the justice or judge requests otherwise in writing. A copy of the notice or other matter must be mailed to the justice's or judge's attorney of record.

(d) If a justice or judge has been adjudged incapacitated under IC 29-3, the justice's or judge's guardian may claim and exercise any right and privilege and make any defense for the justice or judge with the same force and effect as if claimed, exercised, or made by the justice or judge if competent. If the rules provide for serving or giving notice or sending any matter to the justice or judge, a copy of any notice or other matter sent to the justice or judge also shall be served, given, or sent to the justice's or judge's guardian.

[Pre-2004 Recodification Citation: 33-2.1-5-12.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-33-10-20 — Indiana Code / Title 33 / Article 33 / Chapter 10 / Section 33-33-10-20
Court personnel
Status: in_force

Sec. 20. (a) Each judge of the circuit court may 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 board of judges under section 19 of this chapter.

As added by P.L.201-2011, SEC.42.
Ind. Code § 33-37-1-4 — Indiana Code / Title 33 / Article 37 / Chapter 1 / Section 33-37-1-4
Publication by notice; fees; proof
Status: in_force

Sec. 4. (a) If publication by notice is required by law in any action, the party or the attorney for the party from whom the notice is required shall pay the cost of publication directly to the publisher of the notice.

(b) The party or the attorney for the party shall file with the clerk proof of publication of the notice.

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

As added by P.L.98-2004, SEC.16.
Ind. Code § 33-34-2-1 — Indiana Code / Title 33 / Article 34 / Chapter 2 / Section 33-34-2-1
Election
Status: in_force

Sec. 1. A judge shall be elected at the general election every four (4) years by the registered voters residing within the township in which the small claims court is located.

[Pre-2004 Recodification Citation: 33-11.6-3-1.]

As added by P.L.98-2004, SEC.13. Amended by P.L.174-2006, SEC.4.
Ind. Code § 33-34-2-14 — Indiana Code / Title 33 / Article 34 / Chapter 2 / Section 33-34-2-14
Resignation
Status: in_force

Sec. 14. (a) The resignation of a judge shall be delivered to the clerk of the circuit court. The clerk shall advise the circuit court and appropriate township board.

(b) A vacancy occurring in a judgeship must be filled under IC 3-13-10.

[Pre-2004 Recodification Citation: 33-11.6-3-15.]

As added by P.L.98-2004, SEC.13.
Ind. Code § 33-23-11-17 — Indiana Code / Title 33 / Article 23 / Chapter 11 / Section 33-23-11-17
Supreme court or court of appeals; prohibited activities of judges
Status: in_force

Sec. 17. A justice of the supreme court or judge of the court of appeals may not:

(1) engage in the practice of law;

(2) run for elected office other than a judicial office;

(3) directly or indirectly make any contribution to, or hold any office in, a political party or organization; or

(4) take part in any political campaign;

as provided in Article 7, Section 11 of the Constitution of the State of Indiana.

[Pre-2004 Recodification Citation: 33-2.1-8-10.]

As added by P.L.98-2004, SEC.2.
Ind. Code § 33-33-71-18 — Indiana Code / Title 33 / Article 33 / Chapter 71 / Section 33-33-71-18
Laws and rules governing practice and procedure
Status: in_force

Sec. 18. All laws and rules adopted by the supreme court governing the circuit court in matters of pleading, practice, the issuing and service of process, the giving of notice, the appointment of judges pro tempore and special judges, changes of venue from the judge and from the county, adjournments by the court and by the clerk in the absence of the judge, and the selection of jurors for the court shall be applicable to and govern the superior court.

[Pre-2004 Recodification Citation: 33-5-40-17.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-87-1 — Indiana Code / Title 33 / Article 33 / Chapter 87 / Section 33-33-87-1
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 § 33-39-8.1-7 — Indiana Code / Title 33 / Article 39 / Chapter 8.1 / Section 33-39-8.1-7
Quorum; recusal
Status: in_force

Sec. 7. (a) Three (3) members of the board constitute a quorum.

(b) The affirmative vote of at least three (3) members of the board is required for the board to take any official action.

(c) The board shall meet at the call of the chair of the board of directors of the prosecuting attorneys council of Indiana.

(d) If any member of the board is the subject of an investigation under section 8 of this chapter, the member shall recuse himself or herself from the investigation. If the chair of the board of directors of the prosecuting attorneys council of Indiana is the subject of an investigation under section 8 of this chapter, the board shall meet at the call of the vice chair of the board of the prosecuting attorneys council of Indiana.

As added by P.L.147-2025, SEC.2.
Ind. Code § 33-23-8-1 — Indiana Code / Title 33 / Article 23 / Chapter 8 / Section 33-23-8-1
"Governmental body" defined
Status: in_force

Sec. 1. As used in this chapter, "governmental body" means an agency, a board, or a commission of the legislative, executive, or judicial branch of state government.

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

As added by P.L.98-2004, SEC.2.
Ind. Code § 33-26-3-1 — Indiana Code / Title 33 / Article 26 / Chapter 3 / Section 33-26-3-1
Limited jurisdiction; exclusive jurisdiction
Status: in_force

Sec. 1. The tax court is a court of limited jurisdiction. The tax court has exclusive jurisdiction over any case that arises under the tax laws of Indiana and that is an initial appeal of a final determination made by:

(1) the department of state revenue with respect to a listed tax (as defined in IC 6-8.1-1-1); or

(2) the Indiana board of tax review.

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

As added by P.L.98-2004, SEC.5.
Ind. Code § 33-24-4-7 — Indiana Code / Title 33 / Article 24 / Chapter 4 / Section 33-24-4-7
Delivery of books and papers to successor
Status: in_force

Sec. 7. The clerk of the supreme court shall deliver to the clerk's successor all the books and papers of the clerk's office.

[Pre-2004 Recodification Citation: 33-15-1-7.]

As added by P.L.98-2004, SEC.3. Amended by P.L.14-2004, SEC.191.
Ind. Code § 33-39-7-14 — Indiana Code / Title 33 / Article 39 / Chapter 7 / Section 33-39-7-14
Interest credits
Status: in_force

Sec. 14. (a) Interest shall be credited at least annually on or before June 30 at a rate specified by rule by the board on all amounts credited to the member as of June 30 of the preceding year.

(b) Contributions begin to accumulate interest at the beginning of the fiscal year after the year in which the contributions are due.

(c) When a member retires or withdraws, a proportional interest credit determined under this chapter shall be paid for the period elapsed since the last date on which interest was credited.

[Pre-2004 Recodification Citation: 33-14-9-12.5.]

As added by P.L.98-2004, SEC.18. Amended by P.L.16-2011, SEC.10; P.L.92-2021, SEC.14.
Ind. Code § 33-24-6-10 — Indiana Code / Title 33 / Article 24 / Chapter 6 / Section 33-24-6-10
Trial court districts; transfer of judges
Status: in_force

Sec. 10. (a) The chief administrative officer shall, with the approval of the supreme court, divide the state geographically into at least eight (8) trial court districts.

(b) On the basis of relevant information compiled by the chief administrative officer concerning the volume and nature of judicial workload, the chief administrative officer shall recommend to the supreme court the temporary transfer of any judge or judges. The supreme court shall consider the recommendation and temporarily transfer any judge of a trial court of general or special jurisdiction to another court if the temporary transfer is determined to be beneficial to facilitate the judicial work of the court to which the judge is transferred without placing an undue burden on the court from which the judge is transferred. However, a judge may not be temporarily transferred to a court in another county within the district the judge normally serves that, at its nearest point, is more than forty (40) miles from the seat of the county the judge normally serves unless the judge consents to the transfer.

[Pre-2004 Recodification Citation: 33-2.1-7-8.]

As added by P.L.98-2004, SEC.3. Amended by P.L.161-2018, SEC.64.
Ind. Code § 33-38-13-21 — Indiana Code / Title 33 / Article 38 / Chapter 13 / Section 33-38-13-21
Report of masters
Status: in_force

Sec. 21. (a) After a hearing, the masters shall promptly prepare and transmit to the commission an original and four (4) copies of a transcript of the hearing and an original and four (4) copies of a report that contains a brief statement of the proceedings and the masters' recommended findings of fact. The recommended findings of facts are not binding upon the commission.

(b) Upon receiving the report of the masters, the commission shall mail a copy of the report and transcript to the justice or judge and the counsel.

[Pre-2004 Recodification Citation: 33-2.1-5-14.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-39-2-2 — Indiana Code / Title 33 / Article 39 / Chapter 2 / Section 33-39-2-2
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-14-5-2.]

As added by P.L.98-2004, SEC.18. Repealed by P.L.185-2023, SEC.1.
Ind. Code § 33-31-2-6 — Indiana Code / Title 33 / Article 31 / Chapter 2 / Section 33-31-2-6
Trial by jury
Status: in_force

Sec. 6. (a) The filing of a claim on the small claims docket is considered a waiver of trial by jury.

(b) The 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, must 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.

As added by P.L.201-2011, SEC.30.
Ind. Code § 33-42-17-8 — Indiana Code / Title 33 / Article 42 / Chapter 17 / Section 33-42-17-8
Electronic journal
Status: in_force

Sec. 8. (a) A remote notary public who performs a remote notarial act shall personally do the following:

(1) Enter each remote notarial act in an electronic journal.

(2) Maintain the electronic journal.

(3) Keep the electronic journal in the exclusive control of the remote notary public.

(4) Use commercially reasonable means to prevent unauthorized access to the electronic journal.

(5) Provide for the lawful copying and inspection of the electronic journal.

(b) An employer may not perform the responsibilities described in subsection (a) on behalf of a remote notary public.

(c) A remote notary public may maintain more than one (1) electronic journal.

(d) The following apply to an electronic journal:

(1) Access to the information contained in the electronic journal must be contingent upon the use of a password or other secure means of authentication.

(2) It must be possible to print or produce a tangible record of any entry logged in the electronic journal.

(e) A journal entry for each remote notarial act must consist of the following:

(1) The date and time of the remote notarial act.

(2) The type of remote notarial act.

(3) A title or description of the electronic record for each remote notarial act.

(4) The full name of the principal.

(5) A description of the manner by which the identity of the principal was authenticated or verified.

(6) A description of any credential and the credential's corresponding date of expiration used to authenticate or verify the identity of the principal.

(7) A listing of:

(A) every type of fee; and

(B) every fee amount;

charged by the remote notary public for each remote notarial act.

(8) Any other information required by the secretary of state.

(f) A remote notary public shall not delete, destroy, overwrite, or render inaccessible an electronic journal unless the remote notary public is ordered to do so by the secretary of state or judicial order.

(g) Upon a remote notary public's learning that an electronic journal is lost, stolen, or compromised, the remote notary public shall notify the secretary of state.

(h) A remote notary public who resigns or whose commission expires shall maintain the contents of an electronic journal for at least ten (10) years after the performance of the last recorded remote notarial act.

As added by P.L.59-2018, SEC.64. Amended by P.L.177-2019, SEC.32.
Ind. Code § 33-33-27.3-7 — Indiana Code / Title 33 / Article 33 / Chapter 27.3 / Section 33-33-27.3-7
Books and dockets of court
Status: in_force

Sec. 7. The clerk of the court, under the direction of the judge of the court, shall provide:

(1) order books;

(2) judgment dockets;

(3) execution dockets;

(4) fee books; and

(5) other books for the court;

that shall be kept separately from the books and papers of other courts.

[Pre-2004 Recodification Citation: 33-5-19.3-6.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-44-2-3 — Indiana Code / Title 33 / Article 44 / Chapter 2 / Section 33-44-2-3
Disciplinary action
Status: in_force

Sec. 3. An attorney is not subject to disciplinary action as a result of any action taken in accordance with this article.

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

As added by P.L.98-2004, SEC.23.
Ind. Code § 33-39-1-7 — Indiana Code / Title 33 / Article 39 / Chapter 1 / Section 33-39-1-7
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-14-1-6.5.]

As added by P.L.98-2004, SEC.18. Repealed by P.L.57-2014, SEC.5.
Ind. Code § 33-38-13-4 — Indiana Code / Title 33 / Article 38 / Chapter 13 / Section 33-38-13-4
"Judge" defined
Status: in_force

Sec. 4. As used in this chapter, "judge" means a judge of the court of appeals.

[Pre-2004 Recodification Citation: 33-2.1-1-3.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-42-0.5-33 — Indiana Code / Title 33 / Article 42 / Chapter 0.5 / Section 33-42-0.5-33
"Surety"
Status: in_force

Sec. 33. "Surety" means an entity that:

(1) is licensed or authorized to do the business described in subdivision (2) in Indiana; and

(2) guarantees the legal liability of a notary public for:

(A) debt;

(B) default; or

(C) failure to perform a duty of a notary public.

As added by P.L.59-2018, SEC.40.
Ind. Code § 33-38-8-15 — Indiana Code / Title 33 / Article 38 / Chapter 8 / Section 33-38-8-15
Permanent disability of participants; certification; recovery; transcripts, reports, records, and other materials
Status: in_force

Sec. 15. (a) A participant is considered to have a permanent disability if the board has received a written certification by at least two (2) licensed and practicing physicians, appointed by the board, that:

(1) the participant is totally incapacitated, by reason of physical or mental infirmities, from earning a livelihood; and

(2) the condition is likely to be permanent.

(b) The participant shall be reexamined by at least two (2) physicians appointed by the board, at the times the board designates but at intervals not to exceed one (1) year. If, in the opinion of these physicians, the participant has recovered from the participant's disability, then benefits shall cease to be payable as of the date of the examination unless, on that date, the participant is at least:

(1) sixty-five (65) years of age; or

(2) fifty-five (55) years of age and meets the requirements under section 13(2)(B) of this chapter.

(c) To the extent required by the Americans with Disabilities Act, the transcripts, reports, records, and other material generated by the initial and periodic examinations and reviews to determine eligibility for disability benefits under this section shall be:

(1) kept in separate medical files for each member; and

(2) treated as confidential medical records.

[Pre-2004 Recodification Citation: 33-13-10.1-8.]

As added by P.L.98-2004, SEC.17. Amended by P.L.99-2007, SEC.198.
Ind. Code § 33-43-2-1 — Indiana Code / Title 33 / Article 43 / Chapter 2 / Section 33-43-2-1
Engaging in practice by person not admitted
Status: in_force

Sec. 1. A person who:

(1) professes to be a practicing attorney;

(2) conducts the trial of a case in a court in Indiana; or

(3) engages in the business of a practicing lawyer;

without first having been admitted as an attorney by the supreme court commits a Class B misdemeanor.

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

As added by P.L.98-2004, SEC.22.
Ind. Code § 33-33-11-5 — Indiana Code / Title 33 / Article 33 / Chapter 11 / Section 33-33-11-5
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-10.5-3.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-33-82-24 — Indiana Code / Title 33 / Article 33 / Chapter 82 / Section 33-33-82-24
Presiding judge
Status: in_force

Sec. 24. The superior court, by rules adopted by the court, shall designate one (1) of the judges as presiding judge and fix the time the presiding judge presides. The presiding judge is responsible for the operation and conduct of the court and to seeing that the court operates efficiently and judicially.

[Pre-2004 Recodification Citation: 33-5-43-25.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-67-5 — Indiana Code / Title 33 / Article 33 / Chapter 67 / Section 33-33-67-5
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-38.3-3.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-38-10-8 — Indiana Code / Title 33 / Article 38 / Chapter 10 / Section 33-38-10-8
Compensation and costs
Status: in_force

Sec. 8. Notwithstanding the rules of trial procedure, a private judge may receive compensation for hearing a case in an amount and subject to the terms and conditions agreed to by the judge and the parties to the case. A contract for the services of a private judge must provide for the payment of the judge's compensation by the parties. In addition, the contract must include terms and conditions relating to:

(1) the compensation of all personnel; and

(2) the costs of all facilities and materials;

as determined by the clerk of the court that are used in relation to the case and not otherwise covered.

[Pre-2004 Recodification Citation: 33-13-15-8.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-40-1-2 — Indiana Code / Title 33 / Article 40 / Chapter 1 / Section 33-40-1-2
Representing penal institution inmates
Status: in_force

Sec. 2. (a) The state public defender shall represent a person who is:

(1) confined in a penal facility in Indiana or committed to the department of correction due to a criminal conviction or delinquency adjudication; and

(2) financially unable to employ counsel;

in a postconviction proceeding testing the legality of the person's conviction, commitment, or confinement, if the time for appeal has expired.

(b) The state public defender shall also represent a person who is committed to the department of correction due to a criminal conviction or delinquency adjudication, and who is financially unable to employ counsel, in proceedings before the department of correction or parole board, if the right to legal representation is established by law.

(c) This section does not require the state public defender to pursue a claim or defense that is not warranted under law and cannot be supported by a good faith argument for an extension, a modification, or a reversal of law, or that for any other reason is without merit.

(d) This section does not prohibit an offender from proceeding on the offender's own behalf or otherwise refusing the services of the state public defender.

[Pre-2004 Recodification Citation: 33-1-7-2.]

As added by P.L.98-2004, SEC.19.
Ind. Code § 33-39-10-1 — Indiana Code / Title 33 / Article 39 / Chapter 10 / Section 33-39-10-1
Senior prosecuting attorney; appointment
Status: in_force

Sec. 1. (a) A person may be appointed as a senior prosecuting attorney if the person:

(1) was employed for at least eight (8) years as a:

(A) prosecuting attorney;

(B) chief deputy prosecuting attorney;

(C) deputy prosecuting attorney appointed under IC 33-39-6-2; or

(D) deputy prosecuting attorney employed full time or part time to perform activities described in IC 31-25-4-13.1(b), subject to subsection (d); and

(2) files an affidavit requesting designation as a senior prosecuting attorney in:

(A) the circuit court; and

(B) each superior court;

in a county in which the person is willing to serve as a senior prosecuting attorney.

A person who files an affidavit under this subsection shall file a request to withdraw from being appointed as a senior prosecuting attorney when the person is no longer willing to serve as a senior prosecuting attorney.

(b) An affidavit filed under subsection (a) must contain the following:

(1) The name of the person filing the affidavit.

(2) The person's attorney number issued by the supreme court.

(3) The length of time the person served, as described in subsection (a)(1).

(4) The name of any county in which the person served, as described in subsection (a)(1).

(c) A circuit court or superior court promptly shall forward each:

(1) affidavit; and

(2) request to withdraw;

received under subsection (a) to the prosecuting attorneys council of Indiana. The prosecuting attorneys council of Indiana shall maintain and publish a list of persons who are eligible to be appointed under this section as senior prosecuting attorneys.

(d) A deputy prosecuting attorney who was employed full time or part time to perform activities described in IC 31-25-4-13.1(b) may be appointed to serve as a senior prosecuting attorney only to perform:

(1) activities described in IC 31-25-4-13.1(b); and

(2) activities related to the investigation, charging, and prosecution of cases involving violations of IC 35-46-1-5.

(e) A person may not be appointed as a senior prosecuting attorney under this section if a disciplinary sanction has been imposed on the person by:

(1) the Indiana supreme court disciplinary commission; or

(2) a similar body in another state;

that restricts the person's ability to practice law.

As added by P.L.57-2014, SEC.10. Amended by P.L.263-2019, SEC.2.
Ind. Code § 33-37-12-1 — Indiana Code / Title 33 / Article 37 / Chapter 12 / Section 33-37-12-1
Application
Status: in_force

Sec. 1. (a) This chapter applies to any amount that the clerk is required to collect from a person, including:

(1) bail;

(2) a fine;

(3) a civil penalty;

(4) a court fee, court cost, or user fee imposed by the court; or

(5) a fee for the preparation, duplication, or transmission of a document.

(b) This chapter does not apply to child support funds received by the clerk of a circuit court under IC 33-32-4.

As added by P.L.78-2014, SEC.17. Amended by P.L.106-2022, SEC.8.
Ind. Code § 33-41-2-8 — Indiana Code / Title 33 / Article 41 / Chapter 2 / Section 33-41-2-8
Multiple county judicial circuit
Status: in_force

Sec. 8. If a judicial circuit is composed of more than one (1) county, all the counties comprising the circuit, for purposes of this chapter, are considered as one (1) county. Each county in a circuit shall pay part of the county salary in the same proportion as its individual classification factor bears to the classification factor of the judicial circuit.

[Pre-2004 Recodification Citation: 33-15-26-3.]

As added by P.L.98-2004, SEC.20.
Ind. Code § 33-24-12-2 — Indiana Code / Title 33 / Article 24 / Chapter 12 / Section 33-24-12-2
"Indigent"
Status: in_force

Sec. 2. As used in this chapter, "indigent" means an individual whose income is not more than one hundred twenty-five percent (125%) of the federal income poverty level as determined annually by the federal Office of Management and Budget under 42 U.S.C. 9902.

[Pre-2004 Recodification Citation: 33-2.1-11-2.]

As added by P.L.98-2004, SEC.3.
Ind. Code § 33-29-3-1 — Indiana Code / Title 33 / Article 29 / Chapter 3 / Section 33-29-3-1
Application
Status: in_force

Sec. 1. This chapter applies to each superior court having a standard small claims and misdemeanor division for which a judge of the superior court is authorized under IC 33-33 to appoint a small claims referee.

[Pre-2004 Recodification Citation: 33-5-2.5-1.]

As added by P.L.98-2004, SEC.8.
Ind. Code § 33-33-89.3-10 — Indiana Code / Title 33 / Article 33 / Chapter 89.3 / Section 33-33-89.3-10
Sitting of judges
Status: in_force

Sec. 10. The judges of the Wayne circuit court and Wayne superior courts No. 1 and No. 2 may, with the consent of the judge of the court, sit as judge of the court in any matter in the small claims and minor offenses division of the court, as if the judge were an elected judge of the court.

[Pre-2004 Recodification Citation: 33-5-48-13.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-31-1-11 — Indiana Code / Title 33 / Article 31 / Chapter 1 / Section 33-31-1-11
Judge acting as circuit court or superior court judge
Status: in_force

Sec. 11. A judge of the probate court may act as judge of any circuit court or superior court upon the trial of any cause or proceeding, when:

(1) the judge of the circuit or superior court may be incompetent to try the cause; or

(2) a change of venue is granted for objection to the judge.

[Pre-2004 Recodification Citation: 33-8-2-12.]

As added by P.L.98-2004, SEC.10.
Ind. Code § 33-33-71-57 — Indiana Code / Title 33 / Article 33 / Chapter 71 / Section 33-33-71-57
Rights of judge in formal proceedings
Status: in_force

Sec. 57. (a) In formal proceedings involving the judge's discipline, retirement, or removal, a judge has the right and reasonable opportunity to defend against the charges by the introduction of evidence, to be represented by counsel, and to examine and cross-examine witnesses. The judge has the right to the issuance of subpoenas for attendance of witnesses to testify or produce books, papers, and other evidentiary matter.

(b) When a transcript of the testimony has been prepared at the expense of the commission on judicial qualifications, a copy shall be furnished without cost to the judge. The judge has the right, without any order or approval, to have all or any part of the testimony in the proceedings transcribed at the judge's expense.

(c) Except as otherwise provided in this chapter, whenever provision is made for giving notice or sending any matter to the judge, that notice or matter must be mailed by registered or certified mail to the judge at the judge's office and residence unless the judge requests otherwise in writing, and a copy is mailed to the judge's attorney of record.

(d) If the judge has been adjudged incapacitated under IC 29-3, the guardian may claim and exercise any right and privilege and make any defense for the judge with the same force and effect as if claimed, exercised, or made by the judge, if competent, and whenever these rules provide for serving or giving notice or sending any matter to the judge, a copy of the notice or matter also shall be served, given, or sent to the guardian.

[Pre-2004 Recodification Citation: 33-5-40-61.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-37-5-2 — Indiana Code / Title 33 / Article 37 / Chapter 5 / Section 33-37-5-2
Clerk's record perpetuation fund
Status: in_force

Sec. 2. (a) Each clerk shall establish a clerk's record perpetuation fund. The clerk shall deposit all the following in the fund:

(1) Revenue received by the clerk for transmitting documents by facsimile machine to a person under IC 5-14-3.

(2) Document storage fees required under section 20 of this chapter.

(3) The late payment fees imposed under section 22 of this chapter that are authorized for deposit in the clerk's record perpetuation fund under IC 33-37-7-2.

(4) The fees required under IC 29-1-7-3.1 for deposit of a will.

(5) Fees for preparing a transcript or copy of any record under section 1 of this chapter.

(6) Two dollars ($2) for each marriage certificate issued by the clerk under IC 33-32-5-1.

(7) The amount retained as an administrative fee under IC 33-37-12-3.

(b) The clerk may use any money in the fund for the following purposes:

(1) The preservation of records.

(2) The improvement of record keeping systems and equipment.

(3) The operation of a case management system.

[Pre-2004 Recodification Citation: 33-19-6-1.5.]

As added by P.L.98-2004, SEC.16. Amended by P.L.238-2005, SEC.56; P.L.1-2006, SEC.507; P.L.229-2011, SEC.257; P.L.128-2012, SEC.180; P.L.191-2015, SEC.12; P.L.213-2015, SEC.256; P.L.149-2016, SEC.85; P.L.32-2021, SEC.91; P.L.38-2021, SEC.76; P.L.106-2022, SEC.6.
Ind. Code § 33-38-14-17 — Indiana Code / Title 33 / Article 38 / Chapter 14 / Section 33-38-14-17
Answer
Status: in_force

Sec. 17. Not more than twenty (20) days after service of the notice of formal proceedings, the judge:

(1) may file with the commission a signed original and one (1) copy of an answer; and

(2) shall serve by mail a copy of the answer on the counsel.

[Pre-2004 Recodification Citation: 33-2.1-6-11.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-43-1-2 — Indiana Code / Title 33 / Article 43 / Chapter 1 / Section 33-43-1-2
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-21-1-2.]

As added by P.L.98-2004, SEC.22. Repealed by P.L.72-2018, SEC.15.
Ind. Code § 33-33-64-18 — Indiana Code / Title 33 / Article 33 / Chapter 64 / Section 33-33-64-18
Transfer of causes from circuit court
Status: in_force

Sec. 18. The judge of the circuit court may, with the consent of the court transfer any action, cause, or proceeding filed and docketed in the circuit court to this 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 this court.

[Pre-2004 Recodification Citation: 33-5-38-26.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-38-6-7 — Indiana Code / Title 33 / Article 38 / Chapter 6 / Section 33-38-6-7
"Judge"
Status: in_force

Sec. 7. As used in this chapter, "judge" means a person who serves or has served as a regular judge or justice of one (1) or more of the following courts:

(1) Supreme court.

(2) Court of appeals.

(3) Indiana tax court.

(4) Circuit court of a judicial circuit.

(5) Superior court of a county.

(6) Criminal court of a county having a separate criminal court.

(7) Probate court of a county having a separate probate court.

(8) Juvenile court of a county having a separate juvenile court.

(9) Municipal court of a county.

(10) County court of a county.

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

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

[Pre-2004 Recodification Citation: 33-5-10.8-17.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.237-2005, SEC.25.
Ind. Code § 33-33-10-7.1 — Indiana Code / Title 33 / Article 33 / Chapter 10 / Section 33-33-10-7.1
Expired
Status: repealed

As added by P.L.138-2020, SEC.10. Expired 1-1-2025 by P.L.138-2020, SEC.10.
Ind. Code § 33-24-8-2 — Indiana Code / Title 33 / Article 24 / Chapter 8 / Section 33-24-8-2
Filing fee for supreme court and court of appeals
Status: in_force

Sec. 2. The clerk of the supreme court shall tax and charge a fee of two hundred fifty dollars ($250) in each cause filed in either the supreme court or the court of appeals.

[Pre-2004 Recodification Citation: 33-15-5-2.]

As added by P.L.98-2004, SEC.3.
Ind. Code § 33-31-1-18 — Indiana Code / Title 33 / Article 31 / Chapter 1 / Section 33-31-1-18
Power of judge same as circuit court
Status: in_force

Sec. 18. The judge of the court has the same power as the judge of the circuit court of the county to:

(1) grant restraining orders and injunctions;

(2) issue writs of habeas corpus, and of mandate and prohibition; and

(3) appoint receivers, master commissioners for the examination of witnesses, and other officers necessary to facilitate and transact the business of the court.

[Pre-2004 Recodification Citation: 33-8-2-19.]

As added by P.L.98-2004, SEC.10.
Ind. Code § 33-33-41-7 — Indiana Code / Title 33 / Article 33 / Chapter 41 / Section 33-33-41-7
Repealed
Status: repealed

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

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-33-84-8 — Indiana Code / Title 33 / Article 33 / Chapter 84 / Section 33-33-84-8
Additional powers of superior court
Status: in_force

Sec. 8. The judges of the superior court have the same powers to grant restraining orders and injunctions; to issue writs of habeas corpus; to appoint receivers, masters, and commissioners to convey real property; to grant commissions for the examination of witnesses; to appoint other officers necessary to facilitate and transact the business of the court as conferred on circuit courts or the circuit court judges; and to appoint such officers necessary to facilitate the business of the court.

[Pre-2004 Recodification Citation: 33-5-44.1-7.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-73-6 — Indiana Code / Title 33 / Article 33 / Chapter 73 / Section 33-33-73-6
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-39-7.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-33-58-12 — Indiana Code / Title 33 / Article 33 / Chapter 58 / Section 33-33-58-12
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-37.7-15.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.127-2008, SEC.21.
Ind. Code § 33-33-34-14 — Indiana Code / Title 33 / Article 33 / Chapter 34 / Section 33-33-34-14
Action by entire court
Status: in_force

Sec. 14. When any action of the entire court is required, the judges of the court shall act in concert. If there is a disagreement, the decision of the presiding judge controls.

[Pre-2004 Recodification Citation: 33-5-20.1-20.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-64-4 — Indiana Code / Title 33 / Article 33 / Chapter 64 / Section 33-33-64-4
Seal
Status: in_force

Sec. 4. (a) The Porter superior court's superior division shall have a seal consisting of a circular disk containing the words "Porter Superior Court, Superior Division", an impression of which shall be spread of record upon the order book of the court.

(b) The Porter superior court's county division shall have a seal consisting of a circular disk containing the words "Porter Superior Court, County Division", an impression of which shall be imprinted upon the order book of the court.

[Pre-2004 Recodification Citation: 33-5-38-3.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-38-12-1 — Indiana Code / Title 33 / Article 38 / Chapter 12 / Section 33-38-12-1
Application of chapter
Status: in_force

Sec. 1. This chapter does not apply to a threatened, pending, or completed action or proceeding that:

(1) results in the criminal conviction of; or

(2) is a disciplinary action or proceeding against;

a judge.

[Pre-2004 Recodification Citation: 33-13-17-1.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-38-8-22 — Indiana Code / Title 33 / Article 38 / Chapter 8 / Section 33-38-8-22
Judge's credit for service as full-time referee or commissioner; credit for pre-2011 service as full-time magistrate; rollover distributions; trustee to trustee transfers
Status: in_force

Sec. 22. (a) This section applies to a person who:

(1) is a judge participating under this chapter;

(2) was appointed by a court to serve as a full-time referee, full-time commissioner, or, before January 1, 2011, full-time magistrate, either:

(A) before becoming a judge; or

(B) after leaving an elected term on the bench;

(3) was a member of the public employees' retirement fund during the employment described in subdivision (2); and

(4) received credited service under the public employees' retirement fund for the employment described in subdivision (2).

(b) If a person becomes a participant as a judge in the judges' 1985 benefit system under section 1 of this chapter, credit for service by the judge as a full-time referee, full-time commissioner, or, before January 1, 2011, full-time magistrate shall be granted under this chapter by the board if:

(1) the service was credited under the public employees' retirement fund;

(2) the state contributes to the judges' 1985 benefit system the amount the board determines necessary to amortize the service liability over a period determined by the board, but not more than ten (10) years; and

(3) the judge pays in a lump sum or in a series of payments determined by the board, not exceeding five (5) annual payments, the amount the judge would have contributed if the judge had been a member of the judges' 1985 benefit system during the service.

(c) If the requirements of subsection (b)(2) and (b)(3) are not satisfied, a participant is entitled to credit only for years of service earned as a participant in the judges' 1985 benefit system.

(d) An amortization schedule for contributions paid under subsection (b)(2) or (b)(3) must include interest at a rate determined by the board.

(e) The following provisions apply to a person described in subsection (a):

(1) A minimum benefit applies to participants receiving credit in the judges' 1985 benefit system from service covered by the public employees' retirement fund. The minimum benefit is payable at sixty-five (65) years of age or when the participant is at least fifty-five (55) years of age and meets the requirements under section 13(2)(B) of this chapter and equals the actuarial equivalent of the vested retirement benefit that is:

(A) payable to the member at normal retirement under IC 5-10.2-4-1 as of the day before the transfer; and

(B) based solely on:

(i) creditable service;

(ii) the average of the annual compensation; and

(iii) the amount credited under IC 5-10.2 and IC 5-10.3 to the annuity savings account of the transferring member as of the day before the transfer.

(2) If the requirements of subsection (b)(2) and (b)(3) are satisfied, the board shall transfer from the public employees' retirement fund to the judges' 1985 benefit system the amount credited to the annuity savings account and the present value of the retirement benefit payable at sixty-five (65) years of age or at least fifty-five (55) years of age under section 13(2)(B) of this chapter that is attributable to the transferring participant.

(3) The amount the state and the participant must contribute to the judges' 1985 benefit system under subsection (b) shall be reduced by the amount transferred to the judges' 1985 benefit system by the board under subdivision (2).

(4) If the requirements of subsection (b)(2) and (b)(3) are satisfied, credit for service in the public employees' retirement fund as a full-time referee, full-time commissioner, or, before January 1, 2011, full-time magistrate is waived. Any credit for the service under the judges' 1985 benefit system may be granted only under subsection (b).

(f) To the extent permitted by the Internal Revenue Code and the applicable regulations, the judges' 1985 benefit system may accept, on behalf of a participant who is purchasing permissive service credit under subsection (b), 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.

(g) To the extent permitted by the Internal Revenue Code and the applicable regulations, the judges' 1985 benefit system may accept, on behalf of a participant who is purchasing permissive service credit under subsection (b), 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: 33-13-10.1-14.]

As added by P.L.98-2004, SEC.17. Amended by P.L.122-2008, SEC.21.
Ind. Code § 33-31-1-17 — Indiana Code / Title 33 / Article 31 / Chapter 1 / Section 33-31-1-17
Dockets; books and records
Status: in_force

Sec. 17. Under the direction of the judge, the clerk shall provide for court order books, judgment dockets, execution dockets, fee books, and other books, records, and supplies as may be necessary. All books, papers, and proceedings of the court shall be kept distinct and separate from those of other courts.

[Pre-2004 Recodification Citation: 33-8-2-18.]

As added by P.L.98-2004, SEC.10.
Ind. Code § 33-36-3-1 — Indiana Code / Title 33 / Article 36 / Chapter 3 / Section 33-36-3-1
Schedule of ordinance and code provisions; civil penalties
Status: in_force

Sec. 1. (a) Upon the appointment or designation of the violations clerk as provided by IC 33-36-2-1, the legislative body shall designate, by ordinance or code, a schedule of ordinance and code provisions of the municipal corporation that are subject to admission of violation before the violations clerk and the amount of civil penalty to be assessed to a violator who elects to admit a violation under this chapter.

(b) Civil penalties shall be paid to, receipted by, and accounted for by the clerk under procedures provided for by the state board of accounts. Payment of civil penalties under this chapter may be made in person, by mail, or to an agent or agents designated by the legislative body.

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

As added by P.L.98-2004, SEC.15.
Ind. Code § 33-37-5-13 — Indiana Code / Title 33 / Article 37 / Chapter 5 / Section 33-37-5-13
Domestic violence prevention and treatment fee
Status: in_force

Sec. 13. The court shall order a person to pay a domestic violence prevention and treatment fee of fifty dollars ($50) to the clerk in each criminal action in which:

(1) the person is found to have committed the offense of:

(A) murder (IC 35-42-1-1);

(B) causing suicide (IC 35-42-1-2);

(C) voluntary manslaughter (IC 35-42-1-3);

(D) reckless homicide (IC 35-42-1-5);

(E) battery (IC 35-42-2-1);

(F) domestic battery (IC 35-42-2-1.3);

(G) strangulation (IC 35-42-2-9); or

(H) rape (IC 35-42-4-1); and

(2) the victim:

(A) is a spouse or former spouse of the person who committed an offense under subdivision (1);

(B) is or was living as if a spouse of the person who committed the offense of domestic battery under subdivision (1)(F); or

(C) has a child in common with the person who committed the offense of domestic battery under subdivision (1)(F).

[Pre-2004 Recodification Citation: 33-19-6-13.]

As added by P.L.98-2004, SEC.16. Amended by P.L.15-2016, SEC.2.
Ind. Code § 33-29-5-6 — Indiana Code / Title 33 / Article 29 / Chapter 5 / Section 33-29-5-6
Direct appeals to supreme court or court of appeals
Status: in_force

Sec. 6. (a) In all cases where a person has the right of appeal from the circuit to the supreme court or court of appeals, an appeal may be taken directly to the supreme court or court of appeals from any order or judgment of the superior court.

(b) Appeals described in subsection (a) are governed by the law regulating appeals from the circuit court to the supreme court or court of appeals.

(c) Appeals from the special to the general term are abolished.

[Pre-2004 Recodification Citation: 33-5-3.5-6.]

As added by P.L.98-2004, SEC.8.
Ind. Code § 33-33-10-11.1 — Indiana Code / Title 33 / Article 33 / Chapter 10 / Section 33-33-10-11.1
Expired
Status: repealed

As added by P.L.138-2020, SEC.14. Expired 1-1-2025 by P.L.138-2020, SEC.14.
Ind. Code § 33-44-4-12 — Indiana Code / Title 33 / Article 44 / Chapter 4 / Section 33-44-4-12
Compensation of members who are state employees; reimbursement of expenses
Status: in_force

Sec. 12. A member of the board who is a state employee is entitled to reimbursement for travel expenses and other expenses actually incurred in connection with the member's duties, as provided by the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency.

[Pre-2004 Recodification Citation: 33-20-4-12.]

As added by P.L.98-2004, SEC.23.
Ind. Code § 33-23-11-4 — Indiana Code / Title 33 / Article 23 / Chapter 11 / Section 33-23-11-4
"Economic interest"
Status: in_force

Sec. 4. As used in this chapter, "economic interest" means substantial financial interest in investments, employment, awarding of contracts, purchases, leases, sales, or similar matters.

[Pre-2004 Recodification Citation: 33-2.1-8-1.]

As added by P.L.98-2004, SEC.2.
Ind. Code § 33-33-24-2 — Indiana Code / Title 33 / Article 33 / Chapter 24 / Section 33-33-24-2
Repealed
Status: repealed

As added by P.L.234-2007, SEC.211. Repealed by P.L.127-2008, SEC.21.
Ind. Code § 33-33-27.3-11 — Indiana Code / Title 33 / Article 33 / Chapter 27.3 / Section 33-33-27.3-11
Sitting of judges
Status: in_force

Sec. 11. (a) The judge of the Grant circuit court, Grant superior court, or Grant superior court No. 2 may, with the consent of the judge of the court, sit as judge of the court in any matter as if an elected judge of the court.

(b) The judge of the court may, with the consent of the judge of the Grant circuit court, Grant superior court, or Grant superior court No. 2, sit as a judge of the Grant circuit court, Grant superior court, or Grant superior court No. 2 in any matter as if an elected judge of the Grant circuit court, Grant superior court, or Grant superior court No. 2.

[Pre-2004 Recodification Citation: 33-5-19.3-10.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-21-2 — Indiana Code / Title 33 / Article 33 / Chapter 21 / Section 33-33-21-2
Establishment of standard superior court
Status: in_force

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

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

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

[Pre-2004 Recodification Citation: 33-5-17.1-1.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-40-4 — Indiana Code / Title 33 / Article 33 / Chapter 40 / Section 33-33-40-4
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-25.9-3.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-44-4-14 — Indiana Code / Title 33 / Article 44 / Chapter 4 / Section 33-44-4-14
Receipt and management of property
Status: in_force

Sec. 14. The board may receive, hold, and manage property.

[Pre-2004 Recodification Citation: 33-20-4-14.]

As added by P.L.98-2004, SEC.23.
Ind. Code § 33-33-71-59 — Indiana Code / Title 33 / Article 33 / Chapter 71 / Section 33-33-71-59
Hearing additional evidence
Status: in_force

Sec. 59. The commission on judicial qualifications may order a hearing for the taking of additional evidence at any time while the matter is pending before it. The order must set the date, time, and place of the hearing in St. Joseph County and must indicate the matters on which the evidence is to be taken. A copy of the order shall be sent by registered or certified mail to the judge and to the counsel at least ten (10) days before the date of the hearing.

[Pre-2004 Recodification Citation: 33-5-40-63.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-35-3-2 — Indiana Code / Title 33 / Article 35 / Chapter 3 / Section 33-35-3-2
Clerk of city court in second or third class cities; powers and duties
Status: in_force

Sec. 2. (a) In second class cities, the city clerk is the clerk of the city court. The city clerk of a third class city is the clerk of the city court if the judge does not serve as clerk or appoint a clerk under section 1 of this chapter.

(b) A city clerk of a second class city, a city clerk-treasurer of a third class city, or an appointed clerk in a third class city who serves as the clerk of the city court shall give bond as prescribed in this chapter.

(c) The clerk may administer oaths.

(d) The clerk of a city or town court shall:

(1) issue all process of the court, affix the seal of the court to the process, and attest to the process;

(2) keep a complete record and docket of all cases showing:

(A) the name of a person who was arrested and brought before the court;

(B) the disposition of the case; and

(C) an account of the:

(i) fees;

(ii) fines;

(iii) penalties;

(iv) forfeitures;

(v) judgments;

(vi) executions;

(vii) decrees; and

(viii) orders;

in as near to the same manner as the records are kept by the clerk of the circuit court; and

(3) collect all:

(A) fees;

(B) fines;

(C) penalties and forfeitures;

(D) judgments;

(E) executions; and

(F) money;

accruing to the city or town from the enforcement of ordinances.

(e) At the close of each week, the clerk shall make and deliver to the city controller of a second class city, clerk-treasurer of a third class city, or clerk-treasurer of a town a written report of all cases in which the clerk has received or collected any fines or forfeitures due the city or town. The clerk shall then pay over the money to the controller or clerk-treasurer and take a receipt for the payment.

(f) At the end of each month, the clerk shall make out and deliver to the county treasurer of the county in which the city or town is located a written report of all cases in which the clerk has received or collected any fines or forfeitures due the state during the month and pay to the county treasurer all fines or forfeitures collected, taking a receipt for the payment.

(g) In cities in which the county treasurer rather than the city controller receives city money for deposit, the clerk shall report and deliver the money to the county treasurer.

(h) The clerk shall deposit all court costs collected by the clerk in accordance with IC 33-37-7-12. The clerk shall distribute the state and county share of court costs collected in accordance with IC 33-37-7-8.

[Pre-2004 Recodification Citation: 33-10.1-6-2.]

As added by P.L.98-2004, SEC.14. Amended by P.L.1-2006, SEC.506.
Ind. Code § 33-33-3-5 — Indiana Code / Title 33 / Article 33 / Chapter 3 / Section 33-33-3-5
Judicial powers
Status: in_force

Sec. 5. (a) The judges of the Bartholomew superior courts:

(1) may make and adopt rules for conducting the business of the Bartholomew superior courts not repugnant to the laws of the state or rules of the supreme court; and

(2) have all powers incident to a court of record in relation to the attendance of witnesses, punishment of contempt, and enforcement of its orders.

(b) In addition to the powers described in IC 33-29-1-4, the judges of each superior court may:

(1) give all necessary certificates for the authentication of records and proceedings of each court; and

(2) make and execute certificates of qualification and moral character of persons petitioning to be commissioned as notaries public.

[Pre-2004 Recodification Citation: 33-5-8-6.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-28-5-1 — Indiana Code / Title 33 / Article 28 / Chapter 5 / Section 33-28-5-1
"Courts" defined
Status: in_force

Sec. 1. As used in this chapter, "courts" means courts that conduct jury trials.

[Pre-2004 Recodification Citation: 33-4-11-1.]

As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007, SEC.2.
Ind. Code § 33-33-14-1 — Indiana Code / Title 33 / Article 33 / Chapter 14 / Section 33-33-14-1
Judicial circuit
Status: in_force

Sec. 1. Daviess County constitutes the forty-ninth judicial circuit.

[Pre-2004 Recodification Citation: 33-4-1-14.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-38-13-26 — Indiana Code / Title 33 / Article 38 / Chapter 13 / Section 33-38-13-26
Vote or recommendation for censure, retirement, or removal
Status: in_force

Sec. 26. If the commission finds good cause, it shall recommend to the supreme court the censure, retirement, or removal of a justice or judge. If a hearing is before the masters, the affirmative vote of four (4) members of the commission is required to recommend censure, retirement, or removal of a justice or judge. If a hearing is before the commission, the affirmative vote of four (4) members of the commission, including a majority of the members who were present at the hearing, is required to recommend censure, retirement, or removal of a justice or judge.

[Pre-2004 Recodification Citation: 33-2.1-5-19.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-33-87-13 — Indiana Code / Title 33 / Article 33 / Chapter 87 / Section 33-33-87-13
Qualifications
Status: in_force

Sec. 13. To be eligible to hold office as a superior court judge, a person must:

(1) be a resident of Warrick County; and

(2) be admitted to the practice of law in Indiana.

[Pre-2004 Recodification Citation: 33-5-45.5-12.]

As added by P.L.98-2004, SEC.12. Amended by P.L.161-2011, SEC.17; P.L.201-2011, SEC.96.
Ind. Code § 33-31-1-1 — Indiana Code / Title 33 / Article 31 / Chapter 1 / Section 33-31-1-1
Establishment of court
Status: in_force

Sec. 1. There is established a probate court in St. Joseph County known as the St. Joseph Probate Court. The court shall be presided over by one (1) judge to be chosen as provided in this chapter.

[Pre-2004 Recodification Citation: 33-8-2-1.]

As added by P.L.98-2004, SEC.10.
Ind. Code § 33-33-18-8 — Indiana Code / Title 33 / Article 33 / Chapter 18 / Section 33-33-18-8
Court administrator
Status: in_force

Sec. 8. (a) The Delaware circuit court may appoint a court administrator subject to the budget approved for the court by the fiscal body of Delaware County.

(b) A court administrator appointed under this section is subject to the rules concerning employment and management of court personnel adopted by the court under section 6 of this chapter.

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

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-40-7-1 — Indiana Code / Title 33 / Article 40 / Chapter 7 / Section 33-40-7-1
Application of chapter
Status: in_force

Sec. 1. This chapter does not apply to the following counties:

(1) Marion County.

(2) A county having a population of more than three hundred fifty thousand (350,000) and less than four hundred thousand (400,000).

(3) A county having a population of more than two hundred fifty thousand (250,000) and less than three hundred thousand (300,000).

(4) A county having a population of more than one hundred eighty thousand (180,000) and less than one hundred eighty-five thousand (185,000).

(5) A county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000), except as provided in sections 5 and 11 of this chapter.

[Pre-2004 Recodification Citation: 33-9-15-1.]

As added by P.L.98-2004, SEC.19. Amended by P.L.13-2013, SEC.82; P.L.104-2022, SEC.138.
Ind. Code § 33-33-52-3 — Indiana Code / Title 33 / Article 33 / Chapter 52 / Section 33-33-52-3
Judges; location of court sessions
Status: in_force

Sec. 3. The court has two (2) judges who shall hold sessions in:

(1) the Miami County courthouse in Peru; or

(2) other places in the county as the board of county commissioners of Miami County may provide.

[Pre-2004 Recodification Citation: 33-5-35.8-11.]

As added by P.L.98-2004, SEC.12. Amended by P.L.127-2008, SEC.16.
Ind. Code § 33-38-6-4 — Indiana Code / Title 33 / Article 38 / Chapter 6 / Section 33-38-6-4
"Fiscal year"
Status: in_force

Sec. 4. As used in this chapter, "fiscal year" means the period beginning July 1, in any year, and ending June 30 of the succeeding year.

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

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-24-6-14 — Indiana Code / Title 33 / Article 24 / Chapter 6 / Section 33-24-6-14
Duty of office to collect data and submit a report concerning firearm confiscation
Status: in_force

Sec. 14. (a) The following definitions apply throughout this section:

(1) "Dangerous" has the meaning set forth in IC 35-47-14-1.

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

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

(b) Beginning July 1, 2021, the office shall collect and record the following information:

(1) The law enforcement agency responsible for each confiscation of a firearm under IC 35-47-14-2 and IC 35-47-14-3.

(2) The number of:

(A) warrant based firearm confiscations under IC 35-47-14-2; and

(B) warrantless firearm confiscations under IC 35-47-14-3;

for each county, as applicable, each year.

(3) The total number of:

(A) handguns; and

(B) long guns;

confiscated under IC 35-47-14 for each county, as applicable, each year.

(4) The county in which a court issues an order that finds or does not find an individual to be dangerous under IC 35-47-14-6.

(c) The office shall, beginning July 1, 2021, not later than January 1 of each year, submit a report to the legislative council in an electronic format under IC 5-14-6 that consolidates and presents the information described in subsection (b).

(d) Notwithstanding subsections (b) and (c) and information provided to a law enforcement agency for the purposes of handgun licenses, the office shall not disclose, distribute, transfer, or provide the following information to any person, entity, agency, or department:

(1) The:

(A) name;

(B) date of birth;

(C) Social Security number;

(D) address; or

(E) other unique identifier;

belonging to or associated with an individual alleged to be dangerous by a law enforcement officer or found to be dangerous by a circuit or superior court.

(2) The make, model, or serial number of any handgun, long gun, or firearm seized, confiscated, retained, disposed of, or sold under IC 35-47-14.

(e) Information:

(1) collected by the office; or

(2) used by the office;

to prepare the report described in subsection (c) is confidential and not subject to public inspection or copying under IC 5-14-3-3.

(f) The office shall make the report described in subsection (c) available to the public.

(g) The office may adopt rules under IC 4-22-2 to implement this section.

As added by P.L.142-2020, SEC.54.
Ind. Code § 33-38-13-32 — Indiana Code / Title 33 / Article 38 / Chapter 13 / Section 33-38-13-32
Enforcement of subpoena
Status: in_force

Sec. 32. If a witness in a commission proceeding:

(1) fails or refuses to attend upon subpoena; or

(2) refuses to testify or produce documentary evidence demanded by subpoena;

a circuit court, superior court, or probate court may enforce the subpoena.

[Pre-2004 Recodification Citation: 33-2.1-5-25.]

As added by P.L.98-2004, SEC.17. Amended by P.L.84-2016, SEC.148.
Ind. Code § 33-33-64-5 — Indiana Code / Title 33 / Article 33 / Chapter 64 / Section 33-33-64-5
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-38-4.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-33-78-6 — Indiana Code / Title 33 / Article 33 / Chapter 78 / Section 33-33-78-6
Repealed
Status: repealed

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

As added by P.L.98-2004, SEC.12. Repealed by P.L.127-2008, SEC.21.
Ind. Code § 33-33-31-1 — Indiana Code / Title 33 / Article 33 / Chapter 31 / Section 33-33-31-1
Judicial circuit
Status: in_force

Sec. 1. Harrison County constitutes the third judicial circuit.

[Pre-2004 Recodification Citation: 33-4-1-31.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-38-14-25 — Indiana Code / Title 33 / Article 38 / Chapter 14 / Section 33-38-14-25
Appearance before commission
Status: in_force

Sec. 25. If objections to the report of the masters are not timely filed, the commission may adopt the recommended findings of the masters without a hearing. If objections are timely filed, or if objections are not timely filed and the commission proposes to modify or reject the recommended findings of the masters, the commission shall give the judge and the counsel an opportunity to be heard in the county where the judge resides. The commission shall mail to the judge and the counsel written notice of the time and place of the hearing not less than ten (10) days before the hearing.

[Pre-2004 Recodification Citation: 33-2.1-6-19.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-33-2-9 — Indiana Code / Title 33 / Article 33 / Chapter 2 / Section 33-33-2-9
Judicial candidates; terms
Status: in_force

Sec. 9. (a) All candidates for each respective Allen superior court judgeship shall be listed on the general election ballot in the form prescribed by IC 3-11, without party designation. The candidate receiving the highest number of votes for each judgeship shall be elected to that office.

(b) IC 3, except where inconsistent with this chapter, applies to elections held under this chapter.

(c) The term of each Allen superior court judge:

(1) begins January 1 following election and ends December 31 following the election of a successor; and

(2) is six (6) years.

[Pre-2004 Recodification Citation: 33-5-5.1-29.1.]

As added by P.L.98-2004, SEC.12. Amended by P.L.58-2005, SEC.33.
Ind. Code § 33-34-3-5 — Indiana Code / Title 33 / Article 34 / Chapter 3 / Section 33-34-3-5
Jurisdiction denied
Status: in_force

Sec. 5. The small claims court has no jurisdiction:

(1) in actions seeking injunctive relief or involving partition of real estate;

(2) in actions to declare or enforce any lien except as provided in section 14 of this chapter;

(3) in actions in which the appointment of a receiver is asked; or

(4) in suits for dissolution or annulment of marriage.

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

As added by P.L.98-2004, SEC.13.
Ind. Code § 33-24-2-3 — Indiana Code / Title 33 / Article 24 / Chapter 2 / Section 33-24-2-3
Expiration of term if no statement filed
Status: in_force

Sec. 3. This section applies to a justice:

(1) who does not file a statement under section 2 of this chapter; and

(2) whose term expires under Article 7, Section 11 of the Constitution of the State of Indiana during the year in which the question of the retention of the justice would have been placed on the general election ballot.

The term of a justice expires December 31 of the year in which the question of the justice's retention would have been placed on the ballot.

[Pre-2004 Recodification Citation: 33-2.1-2-6.]

As added by P.L.98-2004, SEC.3.
Ind. Code § 33-33-49-22 — Indiana Code / Title 33 / Article 33 / Chapter 49 / Section 33-33-49-22
Appeals
Status: in_force

Sec. 22. A party may appeal an order or a judgment of the court in any case where an appeal may be had from a similar order or judgment of the circuit court.

[Pre-2004 Recodification Citation: 33-5.1-2-17.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-37-9-2 — Indiana Code / Title 33 / Article 37 / Chapter 9 / Section 33-37-9-2
Establishment
Status: in_force

Sec. 2. The state user fee fund is established. The state fund is administered by the treasurer of state.

[Pre-2004 Recodification Citation: 33-19-9-2.]

As added by P.L.98-2004, SEC.16.
Ind. Code § 33-26-3-2 — Indiana Code / Title 33 / Article 26 / Chapter 3 / Section 33-26-3-2
Other jurisdiction
Status: in_force

Sec. 2. In addition to the jurisdiction described in section 1 of this chapter, the tax court has:

(1) any other jurisdiction conferred by statute; and

(2) exclusive jurisdiction over any case that was an initial appeal of a final determination made by the state board of tax commissioners before January 1, 2002.

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

As added by P.L.98-2004, SEC.5.
Ind. Code § 33-33-48-9 — Indiana Code / Title 33 / Article 33 / Chapter 48 / Section 33-33-48-9
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-33.1-24.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-39-1-9 — Indiana Code / Title 33 / Article 39 / Chapter 1 / Section 33-39-1-9
Criminal charges against persons working with children; notification of employers
Status: in_force

Sec. 9. A prosecuting attorney who charges a person with committing any of the following shall inform the person's employer of the charge, unless the prosecuting attorney determines that the person charged does not work with children:

(1) Rape (IC 35-42-4-1), if the victim is less than eighteen (18) years of age.

(2) Criminal deviate conduct (IC 35-42-4-2) (repealed), if the victim is less than eighteen (18) years of age.

(3) Child molesting (IC 35-42-4-3).

(4) Child exploitation (IC 35-42-4-4).

(5) Vicarious sexual gratification (IC 35-42-4-5).

(6) Child solicitation (IC 35-42-4-6).

(7) Child seduction (IC 35-42-4-7).

(8) Incest (IC 35-46-1-3), if the victim is less than eighteen (18) years of age.

[Pre-2004 Recodification Citation: 33-14-1-8.]

As added by P.L.98-2004, SEC.18. Amended by P.L.158-2013, SEC.343; P.L.214-2013, SEC.31; P.L.13-2016, SEC.10; P.L.92-2026, SEC.18.
Ind. Code § 33-39-7-1 — Indiana Code / Title 33 / Article 39 / Chapter 7 / Section 33-39-7-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies only to:

(1) an individual who serves as a prosecuting attorney or chief deputy prosecuting attorney on or after January 1, 1990; and

(2) a participant employed in a position described in section 8(a)(2) or 8(a)(3) of this chapter who serves in the position after June 30, 1995.

[Pre-2004 Recodification Citation: 33-14-9-1.]

As added by P.L.98-2004, SEC.18.
Ind. Code § 33-33-45-27 — Indiana Code / Title 33 / Article 33 / Chapter 45 / Section 33-33-45-27
Judicial nominating commission; establishment
Status: in_force

Sec. 27. (a) There is established a judicial nominating commission for the superior court of Lake County, the functions, responsibilities, and procedures of which are set forth in sections 28 through 37 of this chapter.

(b) The board of county commissioners of Lake County shall provide all facilities, equipment, supplies, and services as may be necessary for the administration of the duties imposed upon the commission. The members of the commission shall serve without compensation. However, the board of county commissioners of Lake County shall reimburse members of the commission for actual expenses incurred in performing their duties.

[Pre-2004 Recodification Citation: 33-5-29.5-28.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-82-9 — Indiana Code / Title 33 / Article 33 / Chapter 82 / Section 33-33-82-9
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-43-4.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-33-84-12 — Indiana Code / Title 33 / Article 33 / Chapter 84 / Section 33-33-84-12
Order book
Status: in_force

Sec. 12. The superior court shall maintain order books as the court may determine necessary for the entire court, which may be signed on behalf of the court by any of the sitting judges of the court. The signature constitutes authentication of the actions of each of the judges in the court.

[Pre-2004 Recodification Citation: 33-5-44.1-15.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-89.3-6 — Indiana Code / Title 33 / Article 33 / Chapter 89.3 / Section 33-33-89.3-6
Personnel
Status: in_force

Sec. 6. The judge of the court may appoint a bailiff, official court reporter, referee, commissioner, and any other personnel as the judge considers necessary to facilitate and transact the business of the court. The judge of the court shall fix their compensation within the limits and in the manner as provided by law concerning these officers and employees. These personnel serve at the pleasure of the court and are paid monthly in the manner of payment for officers and employees of Wayne circuit court and Wayne superior courts No. 1 and No. 2.

[Pre-2004 Recodification Citation: 33-5-48-8.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-48-7.5 — Indiana Code / Title 33 / Article 33 / Chapter 48 / Section 33-33-48-7.5
Magistrates
Status: in_force

Sec. 7.5. (a) The judges of the Madison circuit court may jointly appoint two (2) full-time magistrates under IC 33-23-5 to serve the circuit court.

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

As added by P.L.246-2005, SEC.221. Amended by P.L.201-2011, SEC.68; P.L.173-2015, SEC.8.
Ind. Code § 33-33-7-1 — Indiana Code / Title 33 / Article 33 / Chapter 7 / Section 33-33-7-1
Judicial circuit
Status: in_force

Sec. 1. (a) Brown County constitutes the eighty-eighth judicial circuit.

(b) The judge of the Brown circuit court may appoint one (1) full-time magistrate under IC 33-23-5. The magistrate continues in office until removed by the judge.

[Pre-2004 Recodification Citation: 33-4-1-7.]

As added by P.L.98-2004, SEC.12. Amended by P.L.201-2011, SEC.33.
Ind. Code § 33-33-45-38 — Indiana Code / Title 33 / Article 33 / Chapter 45 / Section 33-33-45-38
Selection of judges
Status: in_force

Sec. 38. (a) A vacancy occurring on the court shall be filled by appointment of the governor from a list of five (5) 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 after 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, or altered list as provided for in section 37 of this chapter.

(b) The governor shall make all appointments to the court without regard to the political affiliation of any of the five (5) nominees submitted to the governor. In the interest of justice, the governor shall consider only those qualifications of the nominees included in section 35 of this chapter.

[Pre-2004 Recodification Citation: 33-5-29.5-39.]

As added by P.L.98-2004, SEC.12. Amended by P.L.204-2021, SEC.11.
Ind. Code § 33-38-13-33 — Indiana Code / Title 33 / Article 38 / Chapter 13 / Section 33-38-13-33
Filing papers and pleadings
Status: in_force

Sec. 33. All papers and pleadings filed with the office of the chairman of the commission are considered to have been filed with the commission.

[Pre-2004 Recodification Citation: 33-2.1-5-26.]

As added by P.L.98-2004, SEC.17. Amended by P.L.2-2005, SEC.111.
Ind. Code § 33-38-5-6 — Indiana Code / Title 33 / Article 38 / Chapter 5 / Section 33-38-5-6
Total annual salary for full-time judges
Status: in_force

Sec. 6. (a) The annual salary of each full-time judge of a circuit, superior, municipal, county, or probate court is one hundred ten thousand five hundred dollars ($110,500), as adjusted after June 30, 2006, under section 8.1 of this chapter, paid by the state. In addition, a judge under this section may receive any additional salary provided by the county under IC 36-2-5-14 or IC 36-3-6-3(c). The state shall deposit quarterly the money received from the counties under subsection (c) for additional salary in the state general fund.

(b) Before November 2 of each year, the county auditor of each county shall certify to the office of judicial administration the amounts, if any, to be provided by the county during the ensuing calendar year for judges' salaries under IC 36-2-5-14 or IC 36-3-6-3(c).

(c) When making each payment under subsection (a), the county shall determine for each judge whether the total of:

(1) the payment made on behalf of that judge;

(2) previous payments made on behalf of that judge in the same calendar year; and

(3) the state share of the judge's salary under subsection (a);

exceeds the Social Security wage base established by the federal government for that year. If the total does not exceed the Social Security wage base, the payment on behalf of that judge must also be accompanied by an amount equal to the employer's share of Social Security taxes and Medicare taxes. If the total exceeds the Social Security wage base, the part of the payment on behalf of the judge that is below the Social Security wage base must be accompanied by an amount equal to the employer's share of Social Security taxes and Medicare taxes, and the part of the payment on behalf of the judge that exceeds the Social Security wage base must be accompanied by an amount equal to the employer's share of Medicare taxes. Payments made under this subsection shall be deposited in the state general fund under subsection (a).

(d) For purposes of determining the amount of life insurance premiums to be paid by a judge who participates in a life insurance program that:

(1) is established by the state;

(2) applies to a judge who is covered by this section; and

(3) bases the amount of premiums to be paid by the judge on the amount of the judge's salary;

the judge's salary does not include any amounts paid to the state by a county under subsection (a).

(e) An individual is not required to file any notification with the state comptroller that the individual has been elected or appointed to a judgeship.

[Pre-2004 Recodification Citation: 33-13-12-8.2.]

As added by P.L.98-2004, SEC.17. Amended by P.L.159-2005, SEC.1; P.L.161-2018, SEC.92; P.L.120-2025, SEC.5.
Ind. Code § 33-33-79-5 — Indiana Code / Title 33 / Article 33 / Chapter 79 / Section 33-33-79-5
Location of court sessions
Status: in_force

Sec. 5. The superior court shall hold its sessions at the Tippecanoe County courthouse or at any other convenient place as the board of county commissioners or the judge of the court may provide in Lafayette.

[Pre-2004 Recodification Citation: 33-5-41-5.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-42-10-3 — Indiana Code / Title 33 / Article 42 / Chapter 10 / Section 33-42-10-3
Security of stamping device
Status: in_force

Sec. 3. (a) A notary public is responsible for the security of any stamping device used for notarial acts by the notary public.

(b) A notary public shall not allow any other person to make use of the stamping device used by the notary public.

(c) Upon the:

(1) expiration;

(2) resignation; or

(3) revocation;

of the notary public's commission, the notary public shall damage, deface, destroy, erase, or secure the stamping device in a manner that precludes any further use of the stamping device.

(d) Upon the:

(1) adjudication of incompetency; or

(2) death;

of a notary public, the notary public's guardian or personal representative shall preclude any further use of the stamping device by disabling the stamping device as described in subsection (c).

(e) If a stamping device is lost or stolen, the notary public or notary public's guardian or personal representative shall promptly notify the secretary of state's office upon learning of the loss or theft.

As added by P.L.128-2017, SEC.19. Amended by P.L.59-2018, SEC.54.
Ind. Code § 33-33-45-7 — Indiana Code / Title 33 / Article 33 / Chapter 45 / Section 33-33-45-7
Court of record; force and effect of judgments and orders
Status: in_force

Sec. 7. (a) The court is a court of record.

(b) The court's judgments, decrees, orders, and proceedings:

(1) have the same force and effect; and

(2) shall be enforced in the same manner;

as those of the Lake circuit court.

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

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-44-3-5 — Indiana Code / Title 33 / Article 44 / Chapter 3 / Section 33-44-3-5
"Eligible client"
Status: in_force

Sec. 5. "Eligible client" means a person:

(1) who resides in Indiana; and

(2) whose income:

(A) satisfies the eligibility standards established by a legal aid program or legal services program existing in Indiana on January 1, 1990, if the program's client eligibility standards provide that the client's income may not exceed one hundred fifty percent (150%) of the current poverty threshold established by the United States Office of Management and Budget;

(B) is not more than one hundred fifty percent (150%) of the current poverty threshold established by the United States Office of Management and Budget; or

(C) satisfies the eligibility standard for Supplemental Security Income or free services under the Older Americans Act of 1965, as amended (42 U.S.C. 3001-3057) or Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15001 et seq.).

[Pre-2004 Recodification Citation: 33-20-3-5.]

As added by P.L.98-2004, SEC.23. Amended by P.L.7-2015, SEC.54.
Ind. Code § 33-42-16-4 — Indiana Code / Title 33 / Article 42 / Chapter 16 / Section 33-42-16-4
Repealed
Status: repealed

As added by P.L.128-2017, SEC.24. Repealed by P.L.59-2018, SEC.63.
Ind. Code § 33-35-2-4 — Indiana Code / Title 33 / Article 35 / Chapter 2 / Section 33-35-2-4
City court; concurrent civil jurisdiction; limitations
Status: in_force

Sec. 4. A city court has concurrent jurisdiction with the circuit court in civil cases in which the amount in controversy does not exceed five hundred dollars ($500). However, the city court does not have jurisdiction in actions for:

(1) slander;

(2) libel;

(3) foreclosure of mortgage on real estate, in which the title to real estate is in issue;

(4) matters relating to a decedent's estate, appointment of guardians, and all related matters; and

(5) actions in equity.

[Pre-2004 Recodification Citation: 33-10.1-2-3.1.]

As added by P.L.98-2004, SEC.14.
Ind. Code § 33-41-3-1 — Indiana Code / Title 33 / Article 41 / Chapter 3 / Section 33-41-3-1
Applicability of chapter
Status: in_force

Sec. 1. This chapter does not apply to contracts for court reporting services for any of the following:

(1) A court.

(2) An agency or instrumentality of a state or political subdivision.

(3) An agency or instrumentality of the government of the United States.

[Pre-2004 Recodification Citation: 33-15-27-1.]

As added by P.L.98-2004, SEC.20.
Ind. Code § 33-33-48-10 — Indiana Code / Title 33 / Article 33 / Chapter 48 / Section 33-33-48-10
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-33.1-4.]

As added by P.L.2-2005, SEC.91. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-38-2-2 — Indiana Code / Title 33 / Article 38 / Chapter 2 / Section 33-38-2-2
Bailiff or sheriff; county with population less than 35,000
Status: in_force

Sec. 2. In counties having a population of less than thirty-five thousand (35,000), the judge of the circuit court may appoint a bailiff. However, if a bailiff is not appointed, the sheriff of the county shall perform the duties of the bailiff.

[Pre-2004 Recodification Citation: 33-13-4-1.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-43-1-3 — Indiana Code / Title 33 / Article 43 / Chapter 1 / Section 33-43-1-3
Duties
Status: in_force

Sec. 3. An attorney shall do the following:

(1) Support the Constitution and laws of the United States and of Indiana.

(2) Maintain the respect that is due to the courts of justice and judicial officers.

(3) Only counsel or maintain actions, proceedings, or defenses that appear to the attorney to be legal and just. However, this subdivision may not be construed to prevent the defense of a person charged with a crime.

(4) Employ, for the purpose of maintaining the causes confided to the attorney, only those means that are consistent with truth and never seek to mislead the court or jury by any artifice or false statement of fact or law.

(5) Maintain inviolate the confidence and, at every peril to the attorney, to preserve the secrets of the attorney's client.

(6) Abstain from all offensive personality, and to advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which the attorney is charged.

(7) Not to encourage either the commencement or the continuance of an action or proceeding from any motive of passion or interest.

(8) Never to reject, from any consideration personal to the attorney, the cause of the defenseless or oppressed.

(9) To promptly account to and pay over to a client any money coming into the hands of the attorney to which the client is lawfully entitled.

(10) To abstain from direct or indirect solicitation of employment to institute, prosecute, or defend against any claim, action, or cause of action.

[Pre-2004 Recodification Citation: 33-21-1-3.]

As added by P.L.98-2004, SEC.22.
Ind. Code § 33-33-33-7 — Indiana Code / Title 33 / Article 33 / Chapter 33 / Section 33-33-33-7
Repealed
Status: repealed

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

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-33-79.2-2 — Indiana Code / Title 33 / Article 33 / Chapter 79.2 / Section 33-33-79.2-2
Creation of superior court; election and term of judge
Status: in_force

Sec. 2. There is created a court of record to be known as the Superior Court No. 2 of Tippecanoe County. The court has one (1) judge, who holds office for a term of six (6) years, beginning on the first day of January after the judge's election, and until the judge's successor is elected and qualified. The judge shall be elected every six (6) years at the general election.

[Pre-2004 Recodification Citation: 33-5-42-1.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-23-2-2 — Indiana Code / Title 33 / Article 23 / Chapter 2 / Section 33-23-2-2
Continuance of trial; attendance of jury and witnesses
Status: in_force

Sec. 2. If, at the expiration of the time fixed by law for the continuance of the term of a court, the trial of a case is progressing, the court may:

(1) continue sitting beyond the time;

(2) require the attendance of the jury and witnesses; and

(3) do, transact, and enforce all other matters necessary for the determination of the case.

The term of the court may not be considered to be ended until the case has been fully disposed of by the court.

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

As added by P.L.98-2004, SEC.2.
Ind. Code § 33-38-13-31 — Indiana Code / Title 33 / Article 38 / Chapter 13 / Section 33-38-13-31
Subpoenas
Status: in_force

Sec. 31. (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 in which masters have not been appointed. The chairman shall serve the subpoena in the manner provided by law.

[Pre-2004 Recodification Citation: 33-2.1-5-24.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-33-52-4 — Indiana Code / Title 33 / Article 33 / Chapter 52 / Section 33-33-52-4
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-35.8-3.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-40-7-9 — Indiana Code / Title 33 / Article 40 / Chapter 7 / Section 33-40-7-9
Assigned counsel system
Status: in_force

Sec. 9. The board may establish an assigned counsel system of panel attorneys to provide legal representation under this chapter that shall operate as follows:

(1) The board shall gather and maintain a list of attorneys qualified to represent indigent defendants.

(2) Upon the determination by a court that a person is indigent and entitled to legal representation at public expense, the court shall appoint an attorney to provide the representation from the list maintained by the board.

(3) An attorney appointed to provide representation under this section may request authorization from the judge hearing the case for expenditures for investigative services, expert witnesses, or other services necessary to provide adequate legal representation.

(4) An attorney appointed to provide representation under this section is entitled to receive compensation and reimbursement for budgeted expenses by submitting a voucher to the court. Upon approval of the voucher by the appropriate judge, the voucher shall be presented to the county auditor who shall process the claim as other claims against county funds are processed.

(5) An attorney appointed to provide representation under this section shall, upon completion of representation, report to the board information regarding the case disposition.

[Pre-2004 Recodification Citation: 33-9-15-9.]

As added by P.L.98-2004, SEC.19.
Ind. Code § 33-39-12-8 — Indiana Code / Title 33 / Article 39 / Chapter 12 / Section 33-39-12-8
Effect of placement on a Giglio list on the employment of a law enforcement officer
Status: in_force

Sec. 8. (a) A law enforcement agency that employs an affected law enforcement officer may not:

(1) demote;

(2) suspend;

(3) terminate; or

(4) impose discipline upon;

a law enforcement officer because the law enforcement officer's name was placed on a Giglio list.

(b) A law enforcement officer may be subject to discipline, demotion, suspension, or termination if the facts underlying the reason for placement on a Giglio list are established in a disciplinary proceeding.

As added by P.L.93-2025, SEC.1.
Ind. Code § 33-33-55-2 — Indiana Code / Title 33 / Article 33 / Chapter 55 / Section 33-33-55-2
Judicial circuit
Status: in_force

Sec. 2. Morgan County constitutes the fifteenth judicial circuit.

[Pre-2004 Recodification Citation: 33-4-1-55.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-11-6 — Indiana Code / Title 33 / Article 33 / Chapter 11 / Section 33-33-11-6
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-10.5-17.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-25-2-4 — Indiana Code / Title 33 / Article 25 / Chapter 2 / Section 33-25-2-4
Expiration of term of rejected judge
Status: in_force

Sec. 4. This section applies to a judge:

(1) who files a statement under section 2 of this chapter; and

(2) whose retention is rejected by the electorate.

The term of a judge ends when the secretary of state issues a certificate under IC 3-12-5-1 stating that the judge has been removed. However, if the judge has filed a petition for a recount under IC 3-12-11, the term of the judge does not end until the state recount commission has issued a certificate under IC 3-12-11-18 stating that the electorate has rejected the retention of the judge.

[Pre-2004 Recodification Citation: 33-2.1-2-6.]

As added by P.L.98-2004, SEC.4.
Ind. Code § 33-33-29-1 — Indiana Code / Title 33 / Article 33 / Chapter 29 / Section 33-33-29-1
Judicial circuit
Status: in_force

Sec. 1. Hamilton County constitutes the twenty-fourth judicial circuit.

[Pre-2004 Recodification Citation: 33-4-1-29.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-23-16-13 — Indiana Code / Title 33 / Article 23 / Chapter 16 / Section 33-23-16-13
Individual eligibility requirements
Status: in_force

Sec. 13. An individual is eligible to participate in a problem solving court program only if:

(1) the individual meets all of the eligibility criteria established by the board under section 12 of this chapter;

(2) the judge of the problem solving court approves the admission of the individual to the problem solving court program; and

(3) the individual is referred to the problem solving court as a result of at least one (1) of the following:

(A) A condition of a pretrial diversion program authorized by statute or authorized by the judge of the problem solving court and the prosecuting attorney.

(B) The procedure described in section 14 of this chapter.

(C) The procedure described in section 15 of this chapter.

(D) A condition of probation.

(E) A condition of participation in a community corrections program under IC 11-12-1.

(F) A condition of participation in a forensic diversion program under IC 11-12-3.7.

(G) A condition of a community transition program under IC 11-10-11.5.

(H) A condition of parole.

(I) An order in a dispositional decree under IC 31-34-20 to participate in a family dependency drug court if the individual is a parent, guardian, or another household member of a child adjudicated a child in need of services.

(J) A condition of an informal adjustment program under IC 31-37-9.

(K) Involvement in:

(i) a child in need of services proceeding;

(ii) a child support proceeding;

(iii) a mental health commitment; or

(iv) a civil protection proceeding.

(L) A condition of an informal adjustment program under IC 31-34-8.

(M) A condition of a misdemeanor sentence.

(N) A condition of a program authorized by the:

(i) judge of a problem solving court; and

(ii) department of correction or the county sheriff.

As added by P.L.108-2010, SEC.4. Amended by P.L.136-2012, SEC.7; P.L.95-2013, SEC.2; P.L.51-2024, SEC.3.
Ind. Code § 33-23-11-11 — Indiana Code / Title 33 / Article 23 / Chapter 11 / Section 33-23-11-11
Disclosure of economic interest
Status: in_force

Sec. 11. A justice, judge, or prosecuting attorney shall promptly and fully disclose any economic interest or other personal stake the justice, judge, or prosecuting attorney or a member of the family of the justice, judge, or prosecuting attorney may have in a cause in which the justice, judge, or prosecuting attorney is a participant.

[Pre-2004 Recodification Citation: 33-2.1-8-3.]

As added by P.L.98-2004, SEC.2.
Ind. Code § 33-38-9.5-2.5 — Indiana Code / Title 33 / Article 38 / Chapter 9.5 / Section 33-38-9.5-2.5
Reimbursement of member expenses
Status: in_force

Sec. 2.5. (a) Except as provided in subsection (e), a member of the advisory council is not entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b).

(b) A member of the advisory council who is a state employee is entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.

(c) A member of the advisory council who is not a state employee is entitled to reimbursement for mileage, traveling expenses as provided under IC 4-13-1-4, and other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.

(d) Except as provided in subsection (e), the expenses of the advisory council shall be paid by the office of judicial administration from funds appropriated to the office of judicial administration for the administrative costs of the advisory council.

(e) Each member of the advisory council who is a member of the general assembly is entitled to receive the same per diem, mileage, and travel allowances paid to legislative members of interim study committees established by the legislative council. Per diem, mileage, and travel allowances paid under this subsection shall be paid from appropriations made to the legislative council or the legislative services agency.

As added by P.L.42-2024, SEC.154. Amended by P.L.1-2025, SEC.224.
Ind. Code § 33-33-58-1 — Indiana Code / Title 33 / Article 33 / Chapter 58 / Section 33-33-58-1
Repealed
Status: repealed

[2004 Recodification Citation: New.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.127-2008, SEC.21.
Ind. Code § 33-33-33-9 — Indiana Code / Title 33 / Article 33 / Chapter 33 / Section 33-33-33-9
Presiding judge
Status: in_force

Sec. 9. The judges of the Henry circuit court shall select from among themselves a presiding judge of the circuit court.

As added by P.L.201-2011, SEC.52.
Ind. Code § 33-33-2-29 — Indiana Code / Title 33 / Article 33 / Chapter 2 / Section 33-33-2-29
Process
Status: in_force

Sec. 29. The process of the Allen superior court must have the seal affixed and be attested, directed, served, and returned, and be in the form as is provided for process issuing from the circuit court.

[Pre-2004 Recodification Citation: 33-5-5.1-20.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-38-14-32 — Indiana Code / Title 33 / Article 38 / Chapter 14 / Section 33-38-14-32
Jurisdiction and powers
Status: in_force

Sec. 32. The commission has jurisdiction and powers to dispose of any investigation or hearing, including the following:

(1) The power to compel the attendance of witnesses.

(2) The power to depose witnesses.

(3) The power to order the production of documentary evidence.

Any commission member or any master may administer oaths and affirmations to witnesses in a matter under the jurisdiction of the commission.

[Pre-2004 Recodification Citation: 33-2.1-6-26.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-38-13-3 — Indiana Code / Title 33 / Article 38 / Chapter 13 / Section 33-38-13-3
"Counsel" defined
Status: in_force

Sec. 3. As used in this chapter, "counsel" means the lawyer designated by the commission to:

(1) gather and present evidence before the masters or commission with respect to the charges against a judge; and

(2) represent the commission before the supreme court in connection with any proceedings before the court.

[Pre-2004 Recodification Citation: 33-2.1-1-3.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-28-5-4 — Indiana Code / Title 33 / Article 28 / Chapter 5 / Section 33-28-5-4
Repealed
Status: repealed

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

As added by P.L.98-2004, SEC.7. Repealed by P.L.118-2007, SEC.38.
Ind. Code § 33-25-2-2 — Indiana Code / Title 33 / Article 25 / Chapter 2 / Section 33-25-2-2
Filing of statement of retention with secretary of state
Status: in_force

Sec. 2. A judge who wishes to be retained in office shall file a statement with the secretary of state, not later than noon July 15 of the year in which the question of retention of the judge is to be placed on the general election ballot, indicating that the judge wishes to have the question of the judge's retention placed on the ballot. The judge's statement must include a statement of the judge's name as:

(1) the judge wants the judge's name to appear on the ballot; and

(2) the candidate's name is permitted to appear on the ballot under IC 3-5-7.

[Pre-2004 Recodification Citation: 33-2.1-2-6.]

As added by P.L.98-2004, SEC.4.
Ind. Code § 33-38-11-4 — Indiana Code / Title 33 / Article 38 / Chapter 11 / Section 33-38-11-4
Powers; civil jury trial
Status: in_force

Sec. 4. A temporary judge may:

(1) conduct a jury trial;

(2) receive the verdict of the jury; and

(3) make and enter the judgment on the jury verdict;

in a civil case referred to the temporary judge by the judge of the court.

[Pre-2004 Recodification Citation: 33-13-16-4.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-28-5-11 — Indiana Code / Title 33 / Article 28 / Chapter 5 / Section 33-28-5-11
Repealed
Status: repealed

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

As added by P.L.98-2004, SEC.7. Repealed by P.L.118-2007, SEC.38.
Ind. Code § 33-33-17-1 — Indiana Code / Title 33 / Article 33 / Chapter 17 / Section 33-33-17-1
Judicial circuit
Status: in_force

Sec. 1. DeKalb County constitutes the seventy-fifth judicial circuit.

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

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-79.4-6 — Indiana Code / Title 33 / Article 33 / Chapter 79.4 / Section 33-33-79.4-6
Bailiff and court reporter
Status: in_force

Sec. 6. The judges of Tippecanoe superior court No. 4, No. 5, No. 6, and No. 7:

(1) shall each appoint a bailiff and an official court reporter for the court; and

(2) may each appoint other court personnel necessary to facilitate and transact the business of the court.

A person appointed under this section serves at the pleasure of the judge appointing the person. Their salaries shall be fixed in the same manner as the salaries of the bailiff, official court reporter, and other personnel 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: 33-5-42.2-5.]

As added by P.L.98-2004, SEC.12. Amended by P.L.9-2019, SEC.4.
Ind. Code § 33-33-32-2 — Indiana Code / Title 33 / Article 33 / Chapter 32 / Section 33-33-32-2
Establishment of standard superior courts
Status: in_force

Sec. 2. (a) There are established five (5) superior courts of record to be known as:

(1) Hendricks superior court No. 1;

(2) Hendricks superior court No. 2;

(3) Hendricks superior court No. 3;

(4) Hendricks superior court No. 4; and

(5) Hendricks superior court No. 5.

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

(c) Hendricks County comprises the judicial district of each court.

[Pre-2004 Recodification Citations: 33-5-25-1; 33-5-25-2.]

As added by P.L.98-2004, SEC.12. Amended by P.L.237-2005, SEC.14.
Ind. Code § 33-33-84-15 — Indiana Code / Title 33 / Article 33 / Chapter 84 / Section 33-33-84-15
Probation officers
Status: in_force

Sec. 15. The superior court shall appoint probation officers who shall perform the same duties and receive the same compensation as is provided by law.

[Pre-2004 Recodification Citation: 33-5-44.1-18.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-34-3-12 — Indiana Code / Title 33 / Article 34 / Chapter 3 / Section 33-34-3-12
Judicial notice
Status: in_force

Sec. 12. The small claims court shall take judicial notice of municipal, city, and town ordinances.

[Pre-2004 Recodification Citation: 33-11.6-4-11.]

As added by P.L.98-2004, SEC.13.
Ind. Code § 33-29-1-2 — Indiana Code / Title 33 / Article 29 / Chapter 1 / Section 33-29-1-2
Seal
Status: in_force

Sec. 2. A standard superior court may have a seal containing the words "________ (insert name of county in which the court is located) Superior Court ______ (insert court number for multiple courts), _______ (insert name of county) County, Indiana".

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

As added by P.L.98-2004, SEC.8.
Ind. Code § 33-39-8-7 — Indiana Code / Title 33 / Article 39 / Chapter 8 / Section 33-39-8-7
High tech crimes unit fund; appropriation
Status: in_force

Sec. 7. (a) As used in this section, "high tech crime" refers to a criminal act that is either:

(1) committed with; or

(2) assisted by;

digital evidence, network, or communications technology.

(b) The high tech crimes unit fund is established. The council shall administer the fund. Expenditures from the fund may be made only in accordance with appropriations made by the general assembly.

(c) The council shall establish high tech crimes units to assist prosecuting attorneys in investigating, collecting evidence, and prosecuting high tech crimes. The council shall issue a request for proposals to select up to ten (10) counties that collectively represent the north, south, east, west, and central geographic areas of Indiana to establish high tech crimes units in the prosecuting attorneys' offices in those counties.

(d) The council may use money from the fund to provide assistance to prosecuting attorneys to:

(1) provide personnel costs, training, technical assistance, and technical support to established high tech crimes units; and

(2) enhance the ability of prosecuting attorneys to investigate, collect evidence, and prosecute high tech crimes.

(e) The council may allocate not more than five percent (5%) of the money available from the fund to reimburse expenses incurred in the administration of the fund.

(f) 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.

(g) Money in the fund at the end of the fiscal year does not revert to the state general fund.

(h) Money in the fund is continuously appropriated for the purposes of the fund.

As added by P.L.16-2021, SEC.1. Amended by P.L.123-2024, SEC.7.
Ind. Code § 33-23-11-9 — Indiana Code / Title 33 / Article 23 / Chapter 11 / Section 33-23-11-9
Participation in cause; economic interest
Status: in_force

Sec. 9. A justice, judge, or prosecuting attorney may not participate in a cause that involves a matter in which the justice, judge, or prosecuting attorney or a member of the family of the justice, judge, or prosecuting attorney has an economic interest.

[Pre-2004 Recodification Citation: 33-2.1-8-2.]

As added by P.L.98-2004, SEC.2.
Ind. Code § 33-39-7-11 — Indiana Code / Title 33 / Article 39 / Chapter 7 / Section 33-39-7-11
Administration; commingling; duties of board; appeals; confidentiality of fund records
Status: in_force

Sec. 11. (a) The board shall administer the fund, which may be commingled with any public pension and retirement fund administered by the Indiana public retirement system for investment purposes.

(b) The board shall do the following:

(1) Determine eligibility for and make payments of benefits under this chapter.

(2) In accordance with the powers and duties granted the board in IC 5-10.3-3-7.1, IC 5-10.3-5-3 through IC 5-10.3-5-6, IC 5-10.5-4, and IC 5-10.5-6, administer the fund.

(3) Provide by rule for the implementation of this chapter.

(4) Authorize deposits.

(c) A determination by the board may be appealed under IC 4-21.5.

(d) The powers and duties of:

(1) the director and the actuary of the board; and

(2) the attorney general;

with respect to the fund are those specified in IC 5-10.3-3, IC 5-10.3-4, IC 5-10.5-4, and IC 5-10.5-6.

(e) The board may hire additional personnel, including hearing officers, to assist in the implementation of this chapter.

(f) Fund records of individual participants and participants' information are confidential, except for the name and years of service of a fund participant.

[Pre-2004 Recodification Citation: 33-14-9-10.]

As added by P.L.98-2004, SEC.18. Amended by P.L.94-2004, SEC.7; P.L.99-2010, SEC.10; P.L.13-2011, SEC.12; P.L.35-2012, SEC.105.
Ind. Code § 33-38-6-2.5 — Indiana Code / Title 33 / Article 38 / Chapter 6 / Section 33-38-6-2.5
"Electronic funds transfer"
Status: in_force

Sec. 2.5. As used in this chapter, IC 33-38-7, and IC 33-38-8, "electronic funds transfer" has the meaning set forth in IC 4-8.1-2-7(f).

As added by P.L.13-2011, SEC.5.
Ind. Code § 33-40-1-3 — Indiana Code / Title 33 / Article 40 / Chapter 1 / Section 33-40-1-3
Seal of office; powers of public defender
Status: in_force

Sec. 3. (a) The state public defender shall be provided with a seal of office on which appear the words "Public Defender, State of Indiana".

(b) The state public defender may:

(1) take acknowledgments;

(2) administer oaths; and

(3) do all other acts authorized by law for a notary public.

An act performed under this section must be attested by the public defender's official seal.

[Pre-2004 Recodification Citation: 33-1-7-3.]

As added by P.L.98-2004, SEC.19.
Ind. Code § 33-33-87-6 — Indiana Code / Title 33 / Article 33 / Chapter 87 / Section 33-33-87-6
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-45.5-4.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-43-1-1 — Indiana Code / Title 33 / Article 43 / Chapter 1 / Section 33-43-1-1
Practice of law by attorneys; officer of the court
Status: in_force

Sec. 1. (a) A person, before proceeding to discharge the duties of an attorney, shall take an oath to:

(1) support the Constitution of the United States and the Constitution of the State of Indiana; and

(2) faithfully and honestly discharge the duties of an attorney at law.

(b) The oath taken under subsection (a) must be entered in the order book of the court.

(c) A duly sworn attorney who is not otherwise disqualified to practice law is an officer of the court.

[Pre-2004 Recodification Citation: 33-21-1-1.]

As added by P.L.98-2004, SEC.22. Amended by P.L.158-2013, SEC.346.
Ind. Code § 33-37-5-35 — Indiana Code / Title 33 / Article 37 / Chapter 5 / Section 33-37-5-35
Small claims service fee; amount; collection
Status: in_force

Sec. 35. (a) This section applies to a small claims action in which a party is required to pay a township docket fee under IC 33-34-8-1(a)(1).

(b) The clerk shall collect a small claims service fee of twenty-six dollars ($26) from the party filing the small claims action.

As added by P.L.213-2025, SEC.304.
Ind. Code § 33-34-2-13 — Indiana Code / Title 33 / Article 34 / Chapter 2 / Section 33-34-2-13
Seal
Status: in_force

Sec. 13. (a) A judge shall procure a seal that will stamp upon paper a distinct impression of words and letters. The seal must contain the words "____________ Township of Marion County Small Claims Court" (insert the name of the township in the blank).

(b) Deeds, mortgages, powers of attorney, state warrants, and all other instruments of writing pertaining to the judge's official duty, attested by the seal and signature of the judge, are presumptive evidence of the official character of the court or judge in all courts in Indiana without further authentication.

[Pre-2004 Recodification Citation: 33-11.6-3-14.]

As added by P.L.98-2004, SEC.13.
Ind. Code § 33-33-70-5 — Indiana Code / Title 33 / Article 33 / Chapter 70 / Section 33-33-70-5
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-38.8-11.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-38-14-2 — Indiana Code / Title 33 / Article 38 / Chapter 14 / Section 33-38-14-2
"Commission" defined
Status: in_force

Sec. 2. As used in this chapter, "commission" means the commission on judicial qualifications described in Article 7, Section 9 of the Constitution of the State of Indiana.

[Pre-2004 Recodification Citation: 33-2.1-1-3.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-38-10-9 — Indiana Code / Title 33 / Article 38 / Chapter 10 / Section 33-38-10-9
Adoption of rules by supreme court
Status: in_force

Sec. 9. The supreme court shall adopt rules to carry out this chapter.

[Pre-2004 Recodification Citation: 33-13-15-9.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-23-16-24.5 — Indiana Code / Title 33 / Article 23 / Chapter 16 / Section 33-23-16-24.5
Requirements of individuals participating
Status: in_force

Sec. 24.5. A problem solving court may require an individual participating in a problem solving court to receive:

(1) addiction counseling;

(2) inpatient detoxification;

(3) case management;

(4) daily living skills; and

(5) medication assisted treatment, including a federal Food and Drug Administration approved long acting, nonaddictive medication for the treatment of opioid or alcohol dependence.

As added by P.L.187-2015, SEC.36; P.L.209-2015, SEC.21.
Ind. Code § 33-39-8-1 — Indiana Code / Title 33 / Article 39 / Chapter 8 / Section 33-39-8-1
Council defined
Status: in_force

Sec. 1. As used in this chapter, "council" refers to the prosecuting attorneys council of Indiana established by section 2 of this chapter.

[2004 Recodification Citation: New.]

As added by P.L.98-2004, SEC.18.
Ind. Code § 33-33-79.2-5 — Indiana Code / Title 33 / Article 33 / Chapter 79.2 / Section 33-33-79.2-5
Location of court sessions; dockets, books, and records
Status: in_force

Sec. 5. (a) Superior court No. 2 of Tippecanoe County shall hold sessions in a place to be determined by the county council of Tippecanoe County.

(b) The board of county commissioners of Tippecanoe County shall provide and maintain in the courthouse or at another convenient place as the board of commissioners or the judge of the court may provide at the county seat:

(1) a suitable and convenient courtroom for the holding of court; and

(2) a suitable and convenient jury room and offices for the judge and the official court reporter.

(c) The board of county commissioners shall provide all necessary furniture and equipment for the rooms and offices of the court and all necessary dockets, books, and records for the court.

(d) The county council shall make the necessary appropriations from the general fund of the county for the purpose of carrying out this chapter.

[Pre-2004 Recodification Citation: 33-5-42-5.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-40-5-1 — Indiana Code / Title 33 / Article 40 / Chapter 5 / Section 33-40-5-1
"Commission" defined
Status: in_force

Sec. 1. As used in this chapter, "commission" refers to the Indiana commission on court appointed attorneys established by section 2 of this chapter.

As added by P.L.98-2004, SEC.19. Amended by P.L.111-2024, SEC.5.
Ind. Code § 33-33-71-35 — Indiana Code / Title 33 / Article 33 / Chapter 71 / Section 33-33-71-35
Succession of membership
Status: in_force

Sec. 35. A person who has been appointed to a full four (4) year term upon the commission may not succeed himself or herself or be eligible for appointment to the commission for four (4) years after the expiration of the term to which the person was appointed.

[Pre-2004 Recodification Citation: 33-5-40-39.]

As added by P.L.98-2004, SEC.12. Amended by P.L.204-2021, SEC.17.
Ind. Code § 33-33-66-1 — Indiana Code / Title 33 / Article 33 / Chapter 66 / Section 33-33-66-1
Judicial circuit
Status: in_force

Sec. 1. Pulaski County constitutes the fifty-ninth judicial circuit.

[Pre-2004 Recodification Citation: 33-4-1-66.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-15-5 — Indiana Code / Title 33 / Article 33 / Chapter 15 / Section 33-33-15-5
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-10.2-3.]

As added by P.L.98-2004, SEC.12. Amended by P.L.237-2005, SEC.5. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-33-71-5 — Indiana Code / Title 33 / Article 33 / Chapter 71 / Section 33-33-71-5
Establishment of superior court; number of judges
Status: in_force

Sec. 5. There is established a superior court in St. Joseph County. The court consists of eight (8) judges.

[Pre-2004 Recodification Citation: 33-5-40-1.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-39-1-8 — Indiana Code / Title 33 / Article 39 / Chapter 1 / Section 33-39-1-8
Withholding of prosecution; applicability grounds; conditions; notification
Status: in_force

Sec. 8. (a) After June 30, 2005, this section does not apply to a person who:

(1) holds a commercial driver's license; and

(2) has been charged with an offense involving the operation of a motor vehicle in accordance with the federal Motor Carrier Safety Improvement Act of 1999 (MCSIA) (Public Law 106-159.113 Stat. 1748).

(b) This section does not apply to a person arrested for or charged with:

(1) an offense under IC 9-30-5-1 through IC 9-30-5-5; or

(2) if a person was arrested or charged with an offense under IC 9-30-5-1 through IC 9-30-5-5, an offense involving:

(A) intoxication; or

(B) the operation of a vehicle;

if the offense involving intoxication or the operation of a vehicle was part of the same episode of criminal conduct as the offense under IC 9-30-5-1 through IC 9-30-5-5.

(c) This section does not apply to a person:

(1) who is arrested for or charged with an offense under:

(A) IC 7.1-5-7-7, if the alleged offense occurred while the person was operating a motor vehicle;

(B) IC 9-30-4-8, if the alleged offense occurred while the person was operating a motor vehicle;

(C) IC 35-44.1-2-13(b)(1); or

(D) IC 35-43-1-2(b)(1), if the alleged offense occurred while the person was operating a motor vehicle; and

(2) who was less than eighteen (18) years of age at the time of the alleged offense.

(d) A prosecuting attorney may withhold prosecution against an accused person if:

(1) the person is charged with a misdemeanor, a Level 6 felony, or a Level 5 felony;

(2) the person agrees to conditions of a pretrial diversion program offered by the prosecuting attorney;

(3) the terms of the agreement are recorded in an instrument signed by the person and the prosecuting attorney and filed in the court in which the charge is pending; and

(4) the prosecuting attorney electronically transmits information required by the prosecuting attorneys council concerning the withheld prosecution to the prosecuting attorneys council, in a manner and format designated by the prosecuting attorneys council.

(e) An agreement under subsection (d) may include conditions that the person:

(1) pay to the clerk of the court an initial user's fee and monthly user's fees in the amounts specified in IC 33-37-4-1;

(2) work faithfully at a suitable employment or faithfully pursue a course of study or career and technical education that will equip the person for suitable employment;

(3) undergo available medical treatment or mental health counseling and remain in a specified facility required for that purpose, including:

(A) addiction counseling;

(B) inpatient detoxification; and

(C) medication assisted treatment, including a federal Food and Drug Administration approved long acting, nonaddictive medication for the treatment of opioid or alcohol dependence;

(4) receive evidence based mental health and addiction, intellectual disability, developmental disability, autism, and co-occurring autism and mental illness forensic treatment services to reduce the risk of recidivism;

(5) support the person's dependents and meet other family responsibilities;

(6) make restitution or reparation to the victim of the crime for the damage or injury that was sustained;

(7) refrain from harassing, intimidating, threatening, or having any direct or indirect contact with the victim or a witness;

(8) report to the prosecuting attorney at reasonable times;

(9) answer all reasonable inquiries by the prosecuting attorney and promptly notify the prosecuting attorney of any change in address or employment; and

(10) participate in dispute resolution either under IC 34-57-3 or a program established by the prosecuting attorney.

(f) An agreement under subsection (d)(2) may include other provisions, including program fees and costs, reasonably related to the defendant's rehabilitation, if approved by the court.

(g) The prosecuting attorney shall notify the victim when prosecution is withheld under this section.

(h) All money collected by the clerk as user's fees or program fees and costs under this section shall be deposited in the appropriate user fee fund under IC 33-37-8.

(i) If a court withholds prosecution under this section and the terms of the agreement contain conditions described in subsection (e)(7):

(1) the clerk of the court shall comply with IC 5-2-9; and

(2) the prosecuting attorney shall file a confidential form prescribed or approved by the office of judicial administration with the clerk.

[Pre-2004 Recodification Citation: 33-14-1-7.]

As added by P.L.98-2004, SEC.18. Amended by P.L.176-2005, SEC.21; P.L.234-2007, SEC.168; P.L.101-2009, SEC.16; P.L.125-2012, SEC.410; P.L.158-2013, SEC.342; P.L.217-2014, SEC.186; P.L.168-2014, SEC.47; P.L.187-2015, SEC.40; P.L.209-2015, SEC.22; P.L.198-2016, SEC.665; P.L.24-2018, SEC.3; P.L.161-2018, SEC.104; P.L.10-2019, SEC.127; P.L.132-2026, SEC.4.
Ind. Code § 33-28-1-6 — Indiana Code / Title 33 / Article 28 / Chapter 1 / Section 33-28-1-6
Subject matter in two or more counties
Status: in_force

Sec. 6. When the subject matter of a circuit court is situated in two (2) or more counties, the court that takes cognizance of the matter first shall retain the matter.

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

As added by P.L.98-2004, SEC.7.
Ind. Code § 33-37-12-2 — Indiana Code / Title 33 / Article 37 / Chapter 12 / Section 33-37-12-2
Retention of administrative fee
Status: in_force

Sec. 2. If the amount collected by the clerk is more than the amount required, the clerk shall:

(1) retain the administrative fee described in section 3 of this chapter; and

(2) refund the excess amount.

As added by P.L.78-2014, SEC.17. Amended by P.L.106-2022, SEC.9.
Ind. Code § 33-33-20-2 — Indiana Code / Title 33 / Article 33 / Chapter 20 / Section 33-33-20-2
Magistrates
Status: in_force

Sec. 2. (a) The judges of the Elkhart circuit and superior courts may jointly appoint four (4) full-time magistrates under IC 33-23-5 to serve the circuit and superior courts.

(b) A magistrate continues in office until removed by the judges of the circuit and superior courts.

[Pre-2004 Recodification Citations: 33-4-1-20.1; 33-5-13.1-16.]

As added by P.L.98-2004, SEC.12. Amended by P.L.1-2006, SEC.503; P.L.224-2025, SEC.6.
Ind. Code § 33-33-71-25 — Indiana Code / Title 33 / Article 33 / Chapter 71 / Section 33-33-71-25
Administrative officer of court
Status: in_force

Sec. 25. The superior court shall, when it believes it is necessary, appoint additional personnel for the proper administration of the court, including an administrative officer who shall operate under the jurisdiction of the chief judge.

[Pre-2004 Recodification Citation: 33-5-40-25.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-10-19 — Indiana Code / Title 33 / Article 33 / Chapter 10 / Section 33-33-10-19
Rules
Status: in_force

Sec. 19. (a) Before March 15 of each year, the board of judges of the circuit court shall adopt rules to provide for the administration of the circuit court, including rules governing the following:

(1) Allocation of case load.

(2) Legal representation for indigents.

(3) Budgetary matters of the circuit court.

(4) Operation of the probation department.

(5) Term of administration of the presiding judge.

(6) Employment and management of circuit court personnel.

(7) Cooperative efforts with other courts for establishing and administering shared programs and facilities.

(b) The board of judges of the circuit court shall file with the office of judicial administration a copy of the rules adopted under this section.

As added by P.L.201-2011, SEC.41. Amended by P.L.161-2018, SEC.79.
Ind. Code § 33-25-3-5 — Indiana Code / Title 33 / Article 25 / Chapter 3 / Section 33-25-3-5
Hearing and argument of cases
Status: in_force

Sec. 5. The hearing and argument of cases in the court of appeals shall be in accordance with:

(1) the rules of the supreme court as to hearing and argument; or

(2) any rules the court of appeals adopts.

[Pre-2004 Recodification Citation: 33-3-1-10.]

As added by P.L.98-2004, SEC.4.
Ind. Code § 33-43-1-10 — Indiana Code / Title 33 / Article 43 / Chapter 1 / Section 33-43-1-10
Suspension of attorney from practice for refusal to deliver money or papers; additional remedies
Status: in_force

Sec. 10. If an attorney has been ordered to deliver money or papers under section 9 of this chapter, on a motion or in an action brought by the aggrieved party, the court may take any of the following actions:

(1) Suspend the attorney from practice in any of the courts of Indiana, for any length of time, in the court's discretion.

(2) Enter judgment for the amount of money withheld, deducting fees, if any are due, and costs paid by the attorney, with ten percent (10%) damages, that may be enforced by execution, without the benefit of stay or appraisement laws, and returnable within thirty (30) days.

(3) Render any judgment and make any order with respect to the papers or property withheld, that may be necessary to enforce the right of the party aggrieved. The judgement or order is subject to any liens the attorney has for fees.

[Pre-2004 Recodification Citation: 33-21-1-10.]

As added by P.L.98-2004, SEC.22.
Ind. Code § 33-33-49-13.1 — Indiana Code / Title 33 / Article 33 / Chapter 49 / Section 33-33-49-13.1
Marion County judicial selection committee; duties; open records; reporting requirement
Status: in_force

Sec. 13.1. (a) As used in this chapter:

(1) "close relative" has the meaning set forth in IC 33-23-11-2; and

(2) "committee" refers to the Marion County judicial selection committee established by subsection (b).

(b) The Marion County judicial selection committee is established to:

(1) select nominees for the court; and

(2) make determinations concerning the suitability of a judge to continue to hold judicial office.

(c) The committee consists of the following fourteen (14) members:

(1) Four (4) members who reside in Marion County, appointed as follows:

(A) One (1) member appointed by the speaker of the house of representatives.

(B) One (1) member appointed by the minority leader of the house of representatives.

(C) One (1) member appointed by the president pro tempore of the senate.

(D) One (1) member appointed by the minority leader of the senate.

A person appointed under this subdivision may not be a member of the general assembly.

(2) Two (2) attorneys who reside in Marion County and practice primarily in the areas of criminal, juvenile, or family law or business and commercial law, appointed by the governor.

(3) Two (2) attorneys who reside in Marion County and practice primarily in the areas of criminal, juvenile, or family law or business and commercial law, appointed by the chief justice of the supreme court.

(4) Two (2) members appointed by the chairperson of each major political party (as defined by IC 3-5-2.1-62(2)) in Marion County. Each of the four (4) members appointed under this subdivision must reside in Marion County and must reflect the diversity and makeup of Marion County.

(5) The chief judge of the Indiana Court of Appeals or a designee of the chief judge who is a judge of the Indiana Court of Appeals. The chief judge or chief judge's designee serves as the vice chairperson of the committee ex officio.

(6) The chief justice of Indiana or a designee of the chief justice who is a justice of the Indiana Supreme Court. The chief justice or chief justice's designee serves as the chairperson of the committee ex officio.

(d) If a member of the committee is employed by a law firm, no other person employed by the same law firm may be appointed to the committee.

(e) A member of the committee may not be:

(1) a current or former judge of the Marion superior or circuit court;

(2) a current or former judicial officer appointed by the Marion superior or circuit court;

(3) a current or former employee of the Marion superior or circuit court; or

(4) a close relative of anyone who:

(A) currently works in a position described in subdivision (1), (2), or (3); or

(B) has held a position described in subdivision (1), (2), or (3) within the previous six (6) years.

This subsection does not apply to a member appointed under subsection (c)(5) or (c)(6).

(f) All attorney members of the committee must be in active and good standing with the Indiana Supreme Court.

(g) Except as provided in subsection (v), each member of the committee who is not an ex officio member serves a four (4) year term. A member of the committee may be reappointed for one (1) or more additional four (4) year terms but a member cannot serve consecutive terms.

(h) If a vacancy exists on the committee, the appointing authority who appointed the former member whose position has become vacant shall appoint an individual to fill the vacancy and serve the remainder of the unexpired term.

(i) An ex officio member of the committee ceases to be a member of the committee at the time the person no longer holds the office that entitles the person to be a member of the committee.

(j) A member of the committee described in subsection (c)(1) through (c)(4) who no longer resides in Marion County is considered to have resigned from the committee. A member of the committee who no longer resides in Marion County shall notify the chairperson in writing of the member's change in residence.

(k) A quorum consists of nine (9) members of the committee.

(l) The affirmative votes of nine (9) members of the committee are required for the committee to take official action with respect to any candidate for judicial office.

(m) The committee shall:

(1) nominate judicial candidates for the court in accordance with section 13.4 of this chapter; and

(2) make determinations concerning the suitability of a judge to continue to hold judicial office in accordance with sections 13.7 and 13.8 of this chapter.

(n) The committee meets upon the call of the chairperson.

(o) The committee shall meet in the Indiana statehouse or in any other appropriate location in Marion County, as determined by the chairperson.

(p) Except as otherwise provided in subsection (q) or otherwise provided in this chapter, the committee may adopt its own policies and operating procedures. The policies and procedures must comply with IC 5-14-1.5 (the open door law) and this chapter, and must include procedures by which eligible candidates for a vacancy on the court may submit their names to the committee. The policies and procedures are public records, and the meetings of the committee at which the policies and procedures are considered for initial adoption or amendment must be publicly announced and open to the public. Applications of candidates for judicial appointment are public records.

(q) Notwithstanding IC 5-14-1.5-2, the committee is a public agency for the purposes of IC 5-14-1.5. The committee may meet in executive session under IC 5-14-1.5-6.1 for the consideration of a candidate for appointment to or retention on the court if:

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

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

(r) Notwithstanding IC 5-14-3-4, all public records (as defined in IC 5-14-3-2) of the committee are subject to IC 5-14-3-3, including records described in IC 5-14-3-4(b)(12). However, the following records are excepted from public inspection and copying at the discretion of the committee:

(1) Personnel files of committee employees and members and files of applicants for employment with the committee to the extent permitted under IC 5-14-3-4(b)(8).

(2) Records specifically prepared for discussion or developed during discussion in an executive session under IC 5-14-1.5-6.1, unless the records are prepared for use in the consideration of a candidate for retention or judicial appointment.

(3) Investigatory records prepared for the committee until:

(A) the records are considered in connection with the consideration of a candidate;

(B) the records are publicly discussed by the committee in connection with the consideration of a candidate;

(C) a candidate elects to have the records released by the committee; or

(D) the committee elects to release the records that the committee considers appropriate in response to publicly disseminated statements relating to the activities or actions of the committee;

whichever occurs first.

(4) The work product of an attorney (as defined in IC 5-14-3-2) representing the committee.

(s) When an event described by subsection (r)(3) occurs, the investigatory record becomes available for public inspection and copying under IC 5-14-3-3.

(t) A former member of the committee may not be nominated as a judge of the court if the person has served as a member of the committee within the previous five (5) years.

(u) On or before July 1, 2027, and July 1 biennially thereafter, the committee shall submit a report to the executive director of the legislative services agency, in an electronic format under IC 5-14-6, for review by the interim committee on government in accordance with IC 1-1-15.5-4 and IC 2-5-1.3-13(g). The report shall describe:

(1) official action taken; and

(2) actionable items considered;

by the committee during the preceding two (2) years.

(v) This subsection applies only to members appointed under this section as in effect before the amendments made by HEA 1033-2026. The term of a member appointed under subsection (c)(1)(A), (c)(1)(B), (c)(2), and (c)(4) and one (1) member of each political party appointed under subsection (c)(6), as in effect before the amendments made by HEA 1033-2026, expires on June 30, 2026. The term of a member appointed under subsection (c)(1)(C), (c)(1)(D), (c)(3), and (c)(5) and one (1) member of each political party appointed under subsection (c)(6), as in effect before the amendments made by HEA 1033-2026, expires on June 30, 2028. A member removed from the committee under this subsection who has served less than four (4) years of the member's term may be reappointed for a consecutive term. This subsection expires July 1, 2028.

(w) The term of a member appointed under subsection (c)(1)(A), (c)(1)(B), one (1) member appointed under subsection (c)(2) and (c)(3), and one (1) member of each major political party appointed under subsection (c)(4) begins on July 1, 2026. The term of a member appointed under subsection (c)(1)(C), (c)(1)(D), one (1) member appointed under subsection (c)(2) and (c)(3), and one (1) member of each major political party appointed under subsection (c)(4) begins on July 1, 2028.

As added by P.L.245-2017, SEC.8. Amended by P.L.161-2025, SEC.30; P.L.186-2025, SEC.173; P.L.76-2026, SEC.5.
Ind. Code § 33-39-8-2 — Indiana Code / Title 33 / Article 39 / Chapter 8 / Section 33-39-8-2
Creation; membership
Status: in_force

Sec. 2. (a) The prosecuting attorneys council of Indiana is established.

(b) The membership of the council consists of all the prosecuting attorneys and their chief deputies acting in Indiana.

[Pre-2004 Recodification Citation: 33-14-8-1.]

As added by P.L.98-2004, SEC.18.
Ind. Code § 33-33-67-6 — Indiana Code / Title 33 / Article 33 / Chapter 67 / Section 33-33-67-6
Repealed
Status: repealed

[Pre-2004 Recodification Citation: 33-5-38.3-11.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
Ind. Code § 33-33-87-17 — Indiana Code / Title 33 / Article 33 / Chapter 87 / Section 33-33-87-17
Trial by jury
Status: reserved

Sec. 17. Whenever a trial by jury is demanded, a judge of the superior court may call a jury from the list provided to the court, although the filing of a small claim shall be considered a waiver of trial by jury by the plaintiff. The defendant may, not later than ten (10) days after being served, make demand for a trial by jury by affidavit stating that there are questions of fact requiring a trial by jury, specifying them, and stating that the demand is intended in good faith. The court shall then cause the claim to be transferred to the regular docket and the defendant shall pay the filing fee charged for filing civil actions in circuit court. Upon transfer a claim loses its status as a small claim and is subject to all ordinary rules and procedure.

[Pre-2004 Recodification Citation: 33-5-45.5-17.]

As added by P.L.98-2004, SEC.12. Amended by P.L.118-2007, SEC.24.
Ind. Code § 33-39-6-7 — Indiana Code / Title 33 / Article 39 / Chapter 6 / Section 33-39-6-7
Full-time offices in certain counties; salary
Status: in_force

Sec. 7. The prosecuting attorney of a county having a population of more than two hundred fifty thousand (250,000) and less than three hundred thousand (300,000) shall devote the prosecuting attorney's full professional time to the duties of the prosecuting attorney's office. The prosecuting attorney may not engage in the private practice of law for the term for which the prosecuting attorney was elected or appointed, and the prosecuting attorney is entitled to a minimum annual salary that is not less than the salary of the judge of the circuit court of the same judicial circuit.

[Pre-2004 Recodification Citation: 33-14-7-19.6.]

As added by P.L.98-2004, SEC.18. Amended by P.L.119-2012, SEC.164; P.L.104-2022, SEC.136.
Ind. Code § 33-33-18-1 — Indiana Code / Title 33 / Article 33 / Chapter 18 / Section 33-33-18-1
Judicial circuit
Status: in_force

Sec. 1. Delaware County constitutes the forty-sixth judicial circuit.

[Pre-2004 Recodification Citation: 33-4-1-18.]

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

Sec. 1. Crawford County constitutes the seventy-seventh judicial circuit.

[Pre-2004 Recodification Citation: 33-4-1-13.]

As added by P.L.98-2004, SEC.12. Amended by P.L.201-2011, SEC.44.
Ind. Code § 33-33-2-16 — Indiana Code / Title 33 / Article 33 / Chapter 2 / Section 33-33-2-16
Clerk and sheriff
Status: in_force

Sec. 16. The clerk of the Allen circuit court and the sheriff of Allen County shall be the clerk and sheriff of the Allen superior court.

[Pre-2004 Recodification Citation: 33-5-5.1-11.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-33-45-8 — Indiana Code / Title 33 / Article 33 / Chapter 45 / Section 33-33-45-8
Power and authority of court
Status: in_force

Sec. 8. (a) The court:

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

(2) has 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.

(b) The judges may administer oaths, solemnize marriages, take and certify acknowledgments of deeds and all legal instruments, and give all necessary certificates for the authentication of the records and proceedings in the court.

[Pre-2004 Recodification Citation: 33-5-29.5-6.]

As added by P.L.98-2004, SEC.12.
Ind. Code § 33-38-8-7 — Indiana Code / Title 33 / Article 38 / Chapter 8 / Section 33-38-8-7
"Participant"
Status: in_force

Sec. 7. 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: 33-13-10.1-2.]

As added by P.L.98-2004, SEC.17. Amended by P.L.122-2008, SEC.11.
Ind. Code § 33-33-39-1 — Indiana Code / Title 33 / Article 33 / Chapter 39 / Section 33-33-39-1
Judicial circuit; magistrate
Status: in_force

Sec. 1. (a) Jefferson County constitutes the fifth judicial circuit.

(b) The judges of the Jefferson circuit court and Jefferson superior court 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 judges of the Jefferson circuit and superior courts.

[Pre-2004 Recodification Citation: 33-4-1-39.]

As added by P.L.98-2004, SEC.12. Amended by P.L.127-2008, SEC.13; P.L.156-2018, SEC.1.
Ind. Code § 33-28-5-13 — Indiana Code / Title 33 / Article 28 / Chapter 5 / Section 33-28-5-13
Master lists of prospective jurors
Status: in_force

Sec. 13. (a) The jury administrator shall compile and maintain a master list consisting of lists approved by the supreme court that may be used to select prospective jurors. In compiling the master list, the jury administrator shall make a reasonable effort to avoid duplication of names.

(b) A person who has custody, possession, or control of any of the lists making up or used in compiling the master list shall furnish the master list to the jury administrator for inspection, reproduction, and copying at all reasonable times.

(c) When a copy of a list maintained by a public official is furnished, only the actual cost of the copy may be charged to the courts.

(d) The master list of names is open to the public for examination as a public record. However, all other information other than the names contained in the master list is confidential.

[Pre-2004 Recodification Citation: 33-4-11-13.]

As added by P.L.98-2004, SEC.7. Amended by P.L.80-2006, SEC.7; P.L.118-2007, SEC.11.
Ind. Code § 33-38-9.5-2.2 — Indiana Code / Title 33 / Article 38 / Chapter 9.5 / Section 33-38-9.5-2.2
Expired
Status: repealed

As added by P.L.111-2024, SEC.4. Expired 1-1-2026 by P.L.111-2024, SEC.4.
Ind. Code § 33-42-9-9 — Indiana Code / Title 33 / Article 42 / Chapter 9 / Section 33-42-9-9
Notarial acts in federally recognized Indian tribe jurisdiction
Status: in_force

Sec. 9. (a) A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe is presumed valid and has the same effect as a notarial act performed by a notarial officer of Indiana if the notarial act is:

(1) performed within the territory of the Indian tribe; and

(2) performed by:

(A) a notary public of the Indian tribe;

(B) a judge, clerk, or deputy clerk of the Indian tribe; or

(C) any other individual authorized by the laws of the Indian tribe to perform the notarial act.

(b) The signature and title of an individual performing a notarial act under the authority of and in the jurisdiction of a federally recognized Indian tribe are prima facie evidence of the fact that:

(1) the signature is genuine; and

(2) the individual holds the designated title.

(c) The signature and title of a notarial officer described in subsection (a)(1) or (a)(2) conclusively establish the authority of the notarial officer to perform the notarial act.

As added by P.L.128-2017, SEC.18. Amended by P.L.59-2018, SEC.49.
Ind. Code § 33-38-14-28 — Indiana Code / Title 33 / Article 38 / Chapter 14 / Section 33-38-14-28
Vote or recommendation for discipline, retirement, or removal
Status: in_force

Sec. 28. If the commission finds good cause, it shall recommend to the supreme court the discipline, retirement, or removal of a judge. If a hearing is before the masters, the affirmative vote of four (4) commission members is required to recommend the discipline, retirement, or removal of a judge. If a hearing is before the commission, the affirmative vote of four (4) commission members, including a majority of the members present at the hearing, is required to recommend the discipline, retirement, or removal of a judge.

[Pre-2004 Recodification Citation: 33-2.1-6-22.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-38-7-18 — Indiana Code / Title 33 / Article 38 / Chapter 7 / Section 33-38-7-18
Credit for prior service; rollover distributions; trustee to trustee transfers
Status: in_force

Sec. 18. (a) This section applies to a person who:

(1) is a judge participating under this chapter;

(2) was appointed by a court to serve as a full-time referee, full-time commissioner, or full-time magistrate either:

(A) before becoming a judge; or

(B) after leaving an elected term on the bench;

(3) was a member of the public employees' retirement fund during the employment described in subdivision (2); and

(4) received credited service under the public employees' retirement fund for the employment described in subdivision (2).

(b) If a person becomes a participant in the judges' 1977 benefit system under section 1 of this chapter, credit for prior or subsequent service by the judge as a full-time referee, full-time commissioner, or full-time magistrate shall be granted under this chapter by the board if:

(1) the service was credited under the public employees' retirement fund;

(2) the state contributes to the judges' 1977 benefit system the amount the board determines necessary to amortize the service liability over a period determined by the board, but not more than ten (10) years; and

(3) the judge pays in a lump sum or in a series of payments determined by the board, not exceeding five (5) annual payments, the amount the judge would have contributed if the judge had been a member of the judges' 1977 benefit system during the service.

(c) If the requirements of subsection (b)(2) and (b)(3) are not satisfied, a participant is entitled to credit only for years of service earned as a judge in the 1977 benefit system.

(d) An amortization schedule for contributions paid under subsection (b)(2) or (b)(3) must include interest at a rate determined by the board.

(e) The following provisions apply to a person described in subsection (a):

(1) A minimum benefit applies to participants receiving credit in the judges' 1977 benefit system from service covered by the public employees' retirement fund. The minimum benefit is payable at sixty-five (65) years of age and equals the actuarial equivalent of the vested retirement benefit that is:

(A) payable to the member at normal retirement under IC 5-10.2-4-1 as of the day before the transfer; and

(B) based solely on:

(i) creditable service;

(ii) the average of the annual compensation; and

(iii) the amount credited under IC 5-10.2 and IC 5-10.3 to the annuity savings account of the transferring member as of the day before the transfer.

(2) If the requirements of subsection (b)(2) and (b)(3) are satisfied, the board shall transfer from the public employees' retirement fund to the judges' 1977 benefit system the amount credited to the annuity savings account and the present value of the retirement benefit payable at sixty-five (65) years of age that is attributable to the transferring participant.

(3) The amount the state and the participant must contribute to the judges' 1977 benefit system under subsection (b) shall be reduced by the amount transferred to the judges' 1977 benefit system by the board under subdivision (2).

(4) If the requirements of subsection (b)(2) and (b)(3) are satisfied, credit for service in the public employees' retirement fund as a full-time referee, full-time commissioner, or full-time magistrate is waived. Any credit for the service under the judges' 1977 benefit system may be granted only under subsection (b).

(5) Credit in the public employees' retirement fund for service other than as a full-time referee, full-time commissioner, or full-time magistrate remains under the public employees' retirement fund and may not be credited under the judges' 1977 benefit system.

(f) To the extent permitted by the Internal Revenue Code and the applicable regulations, the judges' 1977 benefit system may accept, on behalf of a participant who is purchasing permissive service credit under subsection (b), 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, 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.

(g) To the extent permitted by the Internal Revenue Code and the applicable regulations, the judges' 1977 benefit system may accept, on behalf of a participant who is purchasing permissive service credit under subsection (b), 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: 33-13-9.1-10.]

As added by P.L.98-2004, SEC.17. Amended by P.L.68-2007, SEC.1; P.L.180-2007, SEC.8.
Ind. Code § 33-33-35-7 — Indiana Code / Title 33 / Article 33 / Chapter 35 / Section 33-33-35-7
Magistrate
Status: in_force

Sec. 7. (a) The judges of the Huntington circuit court and Huntington superior court may jointly appoint one (1) full-time magistrate under IC 33-23-5 to serve the circuit and superior courts.

(b) The magistrate continues in office until removed by the judges of the Huntington circuit and superior courts.

As added by P.L.123-2021, SEC.7.
Ind. Code § 33-33-10-16 — Indiana Code / Title 33 / Article 33 / Chapter 10 / Section 33-33-10-16
Board of judges; presiding judge
Status: in_force

Sec. 16. (a) The Clark circuit court shall be governed by a board of judges composed of all the circuit court judges. The board of judges shall administer the Clark circuit court for all purposes.

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

As added by P.L.201-2011, SEC.38.
Ind. Code § 33-23-16-9 — Indiana Code / Title 33 / Article 23 / Chapter 16 / Section 33-23-16-9
"Reentry court"
Status: in_force

Sec. 9. As used in this chapter, "reentry court" means a problem solving court that is focused on the needs of individuals who reenter the community after a period of incarceration and that may provide a range of necessary reintegration services for eligible individuals, including the following:

(1) Supervision.

(2) Offender assessment.

(3) Judicial involvement.

(4) Case management and services.

(5) Program evaluation.

(6) Counseling.

(7) Rehabilitative care.

As added by P.L.108-2010, SEC.4.
Ind. Code § 33-37-4-9 — Indiana Code / Title 33 / Article 37 / Chapter 4 / Section 33-37-4-9
Proration of court costs not required on receipt
Status: in_force

Sec. 9. The clerk is not required to show on each receipt for court costs collected the proration of court costs:

(1) remitted to the state comptroller, the county auditor, and the municipality as specified in IC 33-37-7; or

(2) collected for any funds specified in IC 33-37-5.

[Pre-2004 Recodification Citation: 33-19-5-7.]

As added by P.L.98-2004, SEC.16. Amended by P.L.9-2024, SEC.508.
Ind. Code § 33-23-1-9.7 — Indiana Code / Title 33 / Article 23 / Chapter 1 / Section 33-23-1-9.7
NPLEx
Status: in_force

Sec. 9.7. "NPLEx" refers to the National Precursor Log Exchange.

As added by P.L.5-2016, SEC.2; P.L.9-2016, SEC.1.
Ind. Code § 33-38-6-6 — Indiana Code / Title 33 / Article 38 / Chapter 6 / Section 33-38-6-6
"Internal Revenue Code"
Status: in_force

Sec. 6. As used in this chapter, "Internal Revenue Code":

(1) means the Internal Revenue Code of 1954, as in effect September 1, 1974, if permitted with respect to governmental plans; or

(2) to the extent not inconsistent with subdivision (1), has the meaning set forth in IC 6-3-1-11.

[Pre-2004 Recodification Citation: 33-13-8-3.5.]

As added by P.L.98-2004, SEC.17.
Ind. Code § 33-35-5-7.5 — Indiana Code / Title 33 / Article 35 / Chapter 5 / Section 33-35-5-7.5
Presiding judge exemption to judicial eligibility requirements
Status: in_force

Sec. 7.5. (a) This section applies to a person who is a judge of a city or town court:

(1) serving on June 30, 2015; and

(2) who is not an attorney in good standing admitted to the practice of law in Indiana.

(b) This section does not apply to a person described in subsection (a) after the person leaves office.

(c) A person described in subsection (a) may:

(1) complete the term to which the person was elected before July 1, 2015; and

(2) after that, continue to serve consecutive elected terms.

As added by P.L.173-2015, SEC.17.
Ind. Code § 33-38-14-36 — Indiana Code / Title 33 / Article 38 / Chapter 14 / Section 33-38-14-36
Discovery; admissibility of evidence; demand for formal proceeding or finding
Status: in_force

Sec. 36. (a) In all formal proceedings, discovery is available to the commission and the judge under the Indiana Rules of Civil Procedure. A motion requesting a discovery order must be made to the circuit court, superior court, or probate court in the county in which the commission hearing is held.

(b) In all formal proceedings, the counsel shall provide the following to the judge at least twenty (20) days before a hearing:

(1) The names and addresses of all witnesses whose testimony the counsel expects to offer at the hearing.

(2) Copies of all written statements and transcripts of testimony of witnesses described in subdivision (1) that:

(A) are in the possession of the counsel or the commission;

(B) are relevant to the hearing; and

(C) have not been provided to the judge.

(3) Copies of all documentary evidence that the counsel expects to introduce at the hearing.

(c) On objection by a judge, the testimony of a witness whose name and address have not been furnished to the judge and documentary evidence that has not been furnished to the judge, are not admissible at a hearing.

(d) After formal proceedings have been instituted, a judge may request in writing that the counsel provide the judge the names and addresses of all witnesses known at any time to the counsel who have information that may be relevant to any charge against or any defense of the judge. The counsel shall provide copies of written statements, transcripts of testimony, and documentary evidence that:

(1) are in the commission counsel's possession at any time;

(2) are relevant to a charge against or defense of the judge; and

(3) have not been furnished to the judge.

The counsel shall comply with the request not more than ten (10) days after receiving the request or not more than ten (10) days after any information or evidence becomes known to the counsel.

(e) During an investigation by the commission, a judge whose conduct is being investigated may demand in writing that the commission institute formal proceedings against the judge or enter a formal finding that there is not probable cause to believe the judge is guilty of misconduct. Not more than sixty (60) days after receiving a written demand, the commission shall comply with the demand. A copy of the demand shall be filed in the supreme court and is a matter of public record. If the commission finds there is not probable cause, the finding shall be filed in the supreme court and is a matter of public record.

[Pre-2004 Recodification Citation: 33-2.1-6-30.]

As added by P.L.98-2004, SEC.17. Amended by P.L.84-2016, SEC.151.
Ind. Code § 33-33-63-1 — Indiana Code / Title 33 / Article 33 / Chapter 63 / Section 33-33-63-1
Judicial circuit
Status: in_force

Sec. 1. Pike County constitutes the eighty-third judicial circuit.

[Pre-2004 Recodification Citation: 33-4-1-63.]

As added by P.L.98-2004, SEC.12. Amended by P.L.201-2011, SEC.85.
Ind. Code § 33-33-46-3 — Indiana Code / Title 33 / Article 33 / Chapter 46 / Section 33-33-46-3
Judges
Status: in_force

Sec. 3. Each LaPorte superior court has one (1) judge.

[Pre-2004 Recodification Citation: 33-5-31.1-2.]

As added by P.L.98-2004, SEC.12. Amended by P.L.161-2011, SEC.8; P.L.201-2011, SEC.67.