reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 33. Courts and Court Officers › Article 37. Court Fees › Chapter 5. Collection of Additional Fees › 33-37-5-27. Court Administration Fee

Sec. 27. (a) This subsection does not apply to the following:
(1) A criminal proceeding.
(2) A proceeding to enforce a statute defining an infraction.
(3) A proceeding for an ordinance violation.
In each action filed in a court described in IC 33-37-1-1, and in each small claims action in a court described in IC 33-34, the clerk shall collect a court administration fee of five dollars ($5).
(b) In each action in which a person is:
(1) convicted of an offense;
(2) required to pay a pretrial diversion fee;
(3) found to have committed an infraction; or
(4) found to have violated an ordinance;
the clerk shall collect a court administration fee of five dollars ($5).
As added by P.L.176-2005, SEC.14. Amended by P.L.80-2006, SEC.16; P.L.122-2008, SEC.3.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 37. Court Fees › Chapter 5. Collection of Additional Fees › 33-37-5-28. Civil Action Service Fee; Garnishee Service Fee

Sec. 28. (a) Except as provided in subsection (c), this section applies to a civil action in which the clerk is required to collect a civil costs fee under IC 33-37-4-4(a).
(b) The clerk shall collect the following:
(1) From the party filing the civil action, a service fee of ten dollars ($10) for each additional defendant that is not a garnishee defendant named other than the first named defendant.
(2) From any party adding a defendant that is not a garnishee defendant, a service fee of ten dollars ($10) for each defendant that is not a garnishee defendant added in the civil action.
(3) From a party that has named more than three (3) garnishees or garnishee defendants, a garnishee service fee of ten dollars ($10) for each garnishee or garnishee defendant in excess of three (3).
(4) From a party adding a garnishee or garnishee defendant, a garnishee service fee of ten dollars ($10) for each garnishee or garnishee defendant added to the action. However, a clerk may not collect a garnishee service fee for the first three (3) garnishees or garnishee defendants named in the action.
(c) This section does not apply to an action in which service is made by publication in accordance with Indiana Trial Rule 4.13 or to an action filed through the Indiana electronic filing system adopted by the Indiana supreme court.
As added by P.L.176-2005, SEC.15. Amended by P.L.174-2006, SEC.14; P.L.235-2017, SEC.13.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 37. Court Fees › Chapter 5. Collection of Additional Fees › 33-37-5-31. Pro Bono Legal Services Fee

Sec. 31. In each:
(1) civil action in which the clerk is required to collect a civil costs fee under IC 33-37-4-4(a);
(2) small claims action in which:
(A) a party is required to pay a township docket fee under IC 33-34-8-1(a)(1); or
(B) the clerk is required to collect a small claims costs fee under IC 33-37-4-6; or
(3) probate action in which the clerk is required to collect a probate costs fee under IC 33-37-4-7(a);
the clerk shall before July 1, 2025, collect a pro bono legal services fee of one dollar ($1).
As added by P.L.136-2012, SEC.17. Amended by P.L.39-2017, SEC.6; P.L.174-2022, SEC.64.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 37. Court Fees › Chapter 5. Collection of Additional Fees › 33-37-5-34. Pro Bono Legal Services Fund; Sources of Money for the Fund; Transfer of Money in the Fund

Sec. 34. (a) The pro bono legal services fund is established. The auditor of state shall administer the fund.
(b) The fund consists of distributions of pro bono legal services fees under:
(1) IC 33-34-8-3(d)(1)(F);
(2) IC 33-37-7-2(l); or
(3) IC 33-37-7-8(i).
(c) The auditor of state shall transfer semiannually the pro bono legal services fees in the fund to the Indiana Bar Foundation (or a successor entity) as the entity designated to organize and administer the interest on lawyers trust accounts (IOLTA) program under Rule 1.15 of the Rules of Professional Conduct of the Indiana supreme court. The Indiana Bar Foundation shall:
(1) deposit in an appropriate account and otherwise manage the fees the Indiana Bar Foundation receives under this subsection in the same manner the Indiana Bar Foundation deposits and manages the net earnings the Indiana Bar Foundation receives from IOLTA accounts; and
(2) use the fees the Indiana Bar Foundation receives under this subsection to assist or establish approved pro bono legal services programs.
The handling and expenditure of the pro bono legal services fees received under this section by the Indiana Bar Foundation (or its successor entity) are subject to audit by the state board of accounts.
(d) Money in the fund and any interest that accrues to the fund remain in the fund and do not revert to the state general fund.
(e) Money in the fund is continuously appropriated to carry out the transfers required under subsection (c).
As added by P.L.201-2023, SEC.259.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 37. Court Fees › Chapter 6. Credit Card Service Fee › 33-37-6-1. Application

Sec. 1. This chapter applies to any transaction in which:
(1) the clerk is required to collect money from a person, including:
(A) bail;
(B) a fine;
(C) a civil penalty;
(D) a court fee, court cost, or user fee imposed by the court; or
(E) a fee for the preparation, duplication, or transmission of a document; and
(2) the person pays the clerk by means of a credit card, debit card, charge card, or similar method.
[Pre-2004 Recodification Citation: 33-19-6.5-1.]
As added by P.L.98-2004, SEC.16.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 37. Court Fees › Chapter 6. Credit Card Service Fee › 33-37-6-2. Discharge of Debt Liability; Vendor Transaction Charge or Discount Fee; Contracts With Payment Processing Companies Authorized

Sec. 2. (a) A payment made under this chapter does not finally discharge the person's liability, and the person has not paid the liability until the clerk receives payment or credit from the institution responsible for making the payment or credit.
(b) The clerk may contract with a bank or credit card vendor for acceptance of bank or credit cards. Subject to subsection (d), if there is a vendor transaction charge or discount fee, whether billed to the clerk or charged directly to the clerk's account, the clerk shall collect a fee from the person using the bank card or credit card. The fee collected under this section is a permitted additional charge to the money the clerk is required to collect under section 1(1) of this chapter.
(c) Subject to subsection (d), the clerk may contract with a payment processing company, which may collect a transaction fee from the person using the bank card or credit card. The fee collected under this section is a permitted additional charge to the money the clerk is required to collect under section 1(1) of this chapter.
(d) The clerk shall collect and deposit in the appropriate fund an amount not less than the amount the clerk would collect and deposit if the clerk received payment by a means other than a bank card or credit card.
[Pre-2004 Recodification Citation: 33-19-6.5-2.]
As added by P.L.98-2004, SEC.16. Amended by P.L.65-2004, SEC.16; P.L.171-2006, SEC.8.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 37. Court Fees › Chapter 6. Credit Card Service Fee › 33-37-6-3. Use of Credit Card Service Fee

Sec. 3. (a) The clerk shall forward credit card service fees collected under section 2 of this chapter to the county auditor or the city or town fiscal officer in accordance with IC 33-37-7-12(a).
(b) Funds described in subsection (a) may be used without appropriation to pay the transaction charge or discount fee charged by the bank or credit card vendor.
[Pre-2004 Recodification Citation: 33-19-6.5-3.]
As added by P.L.98-2004, SEC.16.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 37. Court Fees › Chapter 7. Distribution of Court Fees › 33-37-7-1. Repealed

[Pre-2004 Recodification Citation: 33-19-7-1.]
As added by P.L.98-2004, SEC.16. Amended by P.L.85-2004, SEC.24; P.L.95-2004, SEC.12. Repealed by P.L.1-2006, SEC.588.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 37. Court Fees › Chapter 7. Distribution of Court Fees › 33-37-7-3. Repealed

[Pre-2004 Recodification Citation: 33-19-7-2.]
As added by P.L.98-2004, SEC.16. Repealed by P.L.1-2006, SEC.588.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 37. Court Fees › Chapter 7. Distribution of Court Fees › 33-37-7-4. Fees Collected by Clerk of Circuit Court; County Share

Sec. 4. (a) The clerk of a circuit court shall forward the county share of fees collected to the county auditor in accordance with IC 33-37-7-12(a). The auditor shall retain as the county share twenty-seven percent (27%) of the amount of fees collected under the following:
(1) IC 33-37-4-1(a) (criminal costs fees).
(2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
(3) IC 33-37-4-3(a) (juvenile costs fees).
(4) IC 33-37-4-4(a) (civil costs fees).
(5) IC 33-37-4-6(a)(1) (small claims costs fees).
(6) IC 33-37-4-7(a) (probate costs fees).
(7) IC 33-37-5-17 (deferred prosecution fees).
(b) This section applies after June 30, 2005.
[Pre-2004 Recodification Citation: 33-19-7-2.]
As added by P.L.98-2004, SEC.16.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 37. Court Fees › Chapter 7. Distribution of Court Fees › 33-37-7-5. Repealed

[Pre-2004 Recodification Citation: 33-19-7-3.]
As added by P.L.98-2004, SEC.16. Repealed by P.L.1-2006, SEC.588.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 37. Court Fees › Chapter 7. Distribution of Court Fees › 33-37-7-6. Fees Collected by Clerk of Circuit Court; City or Town Share

Sec. 6. (a) The qualified municipality share to be distributed to each city and town maintaining a law enforcement agency that prosecutes at least fifty percent (50%) of the city's or town's ordinance violations in a circuit or superior court located in the county is three percent (3%) of the amount of fees collected under the following:
(1) IC 33-37-4-1(a) (criminal costs fees).
(2) IC 33-37-4-2(a) (infraction or ordinance violation costs fees).
(3) IC 33-37-4-3(a) (juvenile costs fees).
(4) IC 33-37-4-4(a) (civil costs fees).
(5) IC 33-37-4-6(a)(1) (small claims costs fees).
(6) IC 33-37-4-7(a) (probate costs fees).
(7) IC 33-37-5-17 (deferred prosecution fees).
(b) The county auditor shall determine the amount to be distributed to each city and town qualified under subsection (a) as follows:
STEP ONE: Determine the population of the qualified city or town.
STEP TWO: Add the populations of all qualified cities and towns determined under STEP ONE.
STEP THREE: Divide the population of each qualified city and town by the sum determined under STEP TWO.
STEP FOUR: Multiply the result determined under STEP THREE for each qualified city and town by the amount of the qualified municipality share.
(c) The county auditor shall distribute semiannually to each city and town described in subsection (a) the amount computed for that city or town under STEP FOUR of subsection (b).
(d) This section applies after June 30, 2005.
[Pre-2004 Recodification Citation: 33-19-7-3.]
As added by P.L.98-2004, SEC.16. Amended by P.L.201-2011, SEC.102.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 37. Court Fees › Chapter 7. Distribution of Court Fees › 33-37-7-7. Repealed

[Pre-2004 Recodification Citation: 33-19-7-4.]
As added by P.L.98-2004, SEC.16. Amended by P.L.85-2004, SEC.26; P.L.95-2004, SEC.14. Repealed by P.L.1-2006, SEC.588.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 37. Court Fees › Chapter 7. Distribution of Court Fees › 33-37-7-9. Auditor's Transfer of Funds to Treasurer; Treasurer's Deposit of Certain Funds

Sec. 9. (a) On June 30 and on December 31 of each year, the auditor of state shall transfer to the treasurer of state nine million four hundred ninety-two thousand twenty-three dollars ($9,492,023) for distribution under subsection (b).
(b) On June 30 and on December 31 of each year, the treasurer of state shall deposit into:
(1) the family violence and victim assistance fund established by IC 5-2-6.8-3 an amount equal to seven and eighty-five hundredths percent (7.85%);
(2) the Indiana judges' retirement fund established by IC 33-38-6-12 an amount equal to thirty-seven and sixty-eight hundredths percent (37.68%);
(3) the law enforcement academy fund established by IC 5-2-1-13 an amount equal to twelve and fifty-five hundredths percent (12.55%);
(4) the violent crime victims compensation fund established by IC 5-2-6.1-40 an amount equal to eleven and sixty-six hundredths percent (11.66%);
(5) the motor vehicle highway account an amount equal to nineteen and five hundredths percent (19.05%);
(6) the fish and wildlife fund established by IC 14-22-3-2 an amount equal to twenty-five hundredths percent (0.25%);
(7) the Indiana supreme court drug and alcohol programs fund established by IC 12-23-14-17 for the administration, certification, and support of alcohol and drug services programs under IC 12-23-14 an amount equal to one and six-tenths percent (1.6%); and
(8) the DNA sample processing fund established under IC 10-13-6-9.5 for the funding of the collection, shipment, analysis, and preservation of DNA samples and the conduct of a DNA data base program under IC 10-13-6 an amount equal to nine and thirty-six hundredths percent (9.36%);
of the amount transferred by the auditor of state under subsection (a).
(c) On June 30 and on December 31 of each year, the auditor of state shall transfer to the treasurer of state for deposit into the public defense fund established under IC 33-40-6-1 three million seven hundred thousand dollars ($3,700,000).
[Pre-2004 Recodification Citation: 33-19-7-5.]
As added by P.L.98-2004, SEC.16. Amended by P.L.85-2004, SEC.28; P.L.176-2005, SEC.18; P.L.1-2006, SEC.511; P.L.174-2006, SEC.18; P.L.122-2008, SEC.5; P.L.130-2009, SEC.20; P.L.229-2011, SEC.262; P.L.111-2017, SEC.7; P.L.217-2017, SEC.156; P.L.161-2018, SEC.90.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 37. Court Fees › Chapter 7. Distribution of Court Fees › 33-37-7-10. Counties Having Judicial Circuit in Which Ic 31-1-23 or Ic 31-1-24 Applies; Appropriation

Sec. 10. (a) In a county having a judicial circuit in which either IC 31-12-1 or IC 31-12-2 applies, the county fiscal body shall annually appropriate an amount necessary to carry out the administration and the purposes of the programs established under these chapters.
(b) Requests for funding under this section must be submitted under IC 36-2-5-4 or IC 36-3-6-4.
[Pre-2004 Recodification Citation: 33-19-7-6.]
As added by P.L.98-2004, SEC.16.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 37. Court Fees › Chapter 7. Distribution of Court Fees › 33-37-7-11. Counties With Pension Trusts; Appropriations; Claims by Sheriff

Sec. 11. (a) This section applies to a county in which there is established a pension trust under IC 36-8-10-12.
(b) For each service of a writ, an order, a process, a notice, a tax warrant, or other paper completed by the sheriff of a county described in subsection (a), the sheriff shall submit to the county fiscal body a verified claim of service.
(c) From the county share distributed under section 4 of this chapter and deposited into the county general fund, the county fiscal body shall appropriate thirteen dollars ($13) for each verified claim submitted by the sheriff under subsection (b). Amounts appropriated under this subsection shall be deposited by the county auditor into the pension trust established under IC 36-8-10-12.
[Pre-2004 Recodification Citation: 33-19-7-7.]
As added by P.L.98-2004, SEC.16. Amended by P.L.1-2006, SEC.512; P.L.174-2006, SEC.19.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 37. Court Fees › Chapter 7. Distribution of Court Fees › 33-37-7-12. Forwarding and Deposit of Fees; Duties of Clerk and County and Municipal Officers

Sec. 12. (a) Except:
(1) for the state share prescribed by section 2 of this chapter for semiannual distribution; and
(2) as provided under section 2(g) of this chapter, IC 33-32-4-6, and IC 33-37-5-2;
not later than thirty (30) days after the clerk collects a fee, the clerk shall forward the fee to the county auditor if the clerk is a clerk of a circuit court, and to the city or town fiscal officer if the clerk is the clerk of a city or town court.
(b) If part of the fee is collected on behalf of another person for service as a juror or witness, the county auditor or city or town fiscal officer shall forward that part of the fee to the person not later than forty-five (45) days after the auditor or fiscal officer receives the claim for the fee.
(c) Except for amounts deposited in a user fee fund established under IC 33-37-8, the county auditor shall distribute fees received from the clerk to the following:
(1) The county treasurer for deposit in the county general fund, if the fee belongs to the county.
(2) The fiscal officer of a city or town, if the fee belongs to the city or town under section 6 of this chapter.
(d) Except for amounts deposited in a user fee fund established under IC 33-37-8, the city or town fiscal officer shall deposit all fees received from a clerk in the city's or town's treasury.
(e) The clerk shall forward the state share of each fee to the state treasury at the clerk's semiannual settlement for state revenue.
[Pre-2004 Recodification Citations: 33-19-1-3.]
As added by P.L.98-2004, SEC.16. Amended by P.L.1-2006, SEC.513.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 37. Court Fees › Chapter 8. Local User Fee Funds › 33-37-8-1. "City or Town Fund"

Sec. 1. As used in this chapter, "city or town fund" refers to the city or town user fee fund established under section 3 of this chapter.
[Pre-2004 Recodification Citation: 33-19-8-1.]
As added by P.L.98-2004, SEC.16.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 37. Court Fees › Chapter 8. Local User Fee Funds › 33-37-8-2. "County Fund"

Sec. 2. As used in this chapter, "county fund" refers to the county user fee fund established under section 5 of this chapter.
[Pre-2004 Recodification Citation: 33-19-8-2.]
As added by P.L.98-2004, SEC.16.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 37. Court Fees › Chapter 8. Local User Fee Funds › 33-37-8-3. City or Town User Fee Fund

Sec. 3. (a) A city or town user fee fund is established in each city or town having a city or town court for the purpose of supplementing the cost of various program services. The city or town fund is administered by the fiscal officer of the city or town.
(b) The city or town fund consists of the following fees collected by a clerk under this article:
(1) The pretrial diversion program fee.
(2) The alcohol and drug services fee.
(3) The law enforcement continuing education program fee.
(4) The deferral program fee.
(5) The problem solving court fee.
[Pre-2004 Recodification Citation: 33-19-8-3.]
As added by P.L.98-2004, SEC.16. Amended by P.L.60-2006, SEC.5; P.L.42-2011, SEC.65; P.L.187-2011, SEC.8.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 37. Court Fees › Chapter 8. Local User Fee Funds › 33-37-8-4. City or Town Funds; Appropriations; Deferral and Pretrial Diversion Programs

Sec. 4. (a) Except as provided in subsection (b), upon receipt of monthly claims submitted on oath to the fiscal body by a program listed in section 3(b) of this chapter, the fiscal body of the city or town shall appropriate from the city or town fund to the program the amount collected for the program fee under IC 33-37-5.
(b) Funds derived from a deferral program or a pretrial diversion program may be disbursed only by the adoption of an ordinance appropriating the funds for one (1) or more of the following purposes:
(1) Personnel expenses related to the operation of the program.
(2) Special training for:
(A) a prosecuting attorney;
(B) a deputy prosecuting attorney;
(C) support staff for a prosecuting attorney or deputy prosecuting attorney; or
(D) a law enforcement officer.
(3) Employment of a deputy prosecutor or prosecutorial support staff.
(4) Victim assistance.
(5) Electronic legal research.
(6) Office equipment, including computers, computer software, communication devices, office machinery, furnishings, and office supplies.
(7) Expenses of a criminal investigation and prosecution.
(8) An activity or program operated by the prosecuting attorney that is intended to reduce or prevent criminal activity, including:
(A) substance abuse;
(B) child abuse;
(C) domestic violence;
(D) operating while intoxicated; and
(E) juvenile delinquency.
(9) The provision of 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 in a program administered or coordinated by a provider certified or licensed by the division of mental health and addiction or the division of disability and rehabilitative services with expertise in providing evidence based forensic treatment services.
(10) Any other purpose that benefits the office of the prosecuting attorney or law enforcement and that is agreed upon by the county fiscal body and the prosecuting attorney.
(c) Funds described in subsection (b) may be used only in accordance with guidelines adopted by the prosecuting attorneys council under IC 33-39-8-5.
[Pre-2004 Recodification Citation: 33-19-8-4.]
As added by P.L.98-2004, SEC.16. Amended by P.L.176-2005, SEC.19; P.L.229-2011, SEC.263; P.L.187-2015, SEC.38.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 37. Court Fees › Chapter 8. Local User Fee Funds › 33-37-8-5. County User Fee Fund

Sec. 5. (a) A county user fee fund is established in each county to finance various program services. The county fund is administered by the county auditor.
(b) The county fund consists of the following fees collected by a clerk under this article:
(1) The pretrial diversion program fee.
(2) The marijuana eradication program fee.
(3) The alcohol and drug services program fee.
(4) The law enforcement continuing education program fee.
(5) The deferral program fee.
(6) The jury fee.
(7) The problem solving court fee.
(c) All of the jury fee and two dollars ($2) of a deferral program fee collected under IC 33-37-4-2(e) shall be deposited by the county auditor in the jury pay fund established under IC 33-37-11.
[Pre-2004 Recodification Citation: 33-19-8-5.]
As added by P.L.98-2004, SEC.16. Amended by P.L.60-2006, SEC.6; P.L.146-2008, SEC.676; P.L.42-2011, SEC.66; P.L.187-2011, SEC.9; P.L.101-2022, SEC.35.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 37. Court Fees › Chapter 8. Local User Fee Funds › 33-37-8-6. County Funds; Appropriations; Deferral and Pretrial Diversion Programs

Sec. 6. (a) Except as provided in subsection (b), upon receipt of monthly claims submitted on oath to the fiscal body by a program listed in section 5(b) of this chapter, the county fiscal body shall appropriate from the county fund to the program or fund the amount collected for the program under IC 33-37-5.
(b) Funds derived from a deferral program or a pretrial diversion program may be disbursed only by the adoption of an ordinance appropriating the funds for one (1) or more of the following purposes:
(1) Personnel expenses related to the operation of the program.
(2) Special training for:
(A) a prosecuting attorney;
(B) a deputy prosecuting attorney;
(C) support staff for a prosecuting attorney or deputy prosecuting attorney; or
(D) a law enforcement officer.
(3) Employment of a deputy prosecutor or prosecutorial support staff.
(4) Victim assistance.
(5) Electronic legal research.
(6) Office equipment, including computers, computer software, communication devices, office machinery, furnishings, and office supplies.
(7) Expenses of a criminal investigation and prosecution.
(8) An activity or program operated by the prosecuting attorney that is intended to reduce or prevent criminal activity, including:
(A) substance abuse;
(B) child abuse;
(C) domestic violence;
(D) operating while intoxicated; and
(E) juvenile delinquency.
(9) The provision of 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 in a program administered or coordinated by a provider certified or licensed by the division of mental health and addiction or the division of disability and rehabilitative services with expertise in providing evidence based forensic treatment services.
(10) Any other purpose that benefits the office of the prosecuting attorney or law enforcement and that is agreed upon by the county fiscal body and the prosecuting attorney.
(c) Funds described in subsection (b) may be used only in accordance with guidelines adopted by the prosecuting attorneys council under IC 33-39-8-5.
[Pre-2004 Recodification Citation: 33-19-8-6.]
As added by P.L.98-2004, SEC.16. Amended by P.L.176-2005, SEC.20; P.L.229-2011, SEC.264; P.L.187-2015, SEC.39.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 37. Court Fees › Chapter 8. Local User Fee Funds › 33-37-8-7. Pretrial Diversion Program Fund

Sec. 7. (a) This section applies when a county auditor has established a pretrial diversion program fund to receive funds initially deposited in the county fund from the collection of the pretrial diversion program fee. Whenever a prosecuting attorney:
(1) certifies to the county fiscal body that the amount in the pretrial diversion program fund exceeds the amount needed to finance the pretrial diversion program services during the calendar year; and
(2) states the amount of the excess funds in the certification;
the fiscal body may adopt an ordinance to appropriate the excess funds from the pretrial diversion program fund to the office of the prosecuting attorney.
(b) Funds appropriated as described in subsection (a) may be used by the office of the prosecuting attorney for any purpose specified in the appropriation ordinance adopted by the fiscal body.
(c) A county fiscal body may not transfer funds previously appropriated to the office of the prosecuting attorney as a result of an appropriation described in subsection (a).
[Pre-2004 Recodification Citation: 33-19-8-7.]
As added by P.L.98-2004, SEC.16.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 37. Court Fees › Chapter 8. Local User Fee Funds › 33-37-8-8. Collection of Jury Fees; Transfer of Funds to Jury Pay

Sec. 8. (a) This section applies to jury fees collected under:
(1) IC 33-37-5-19; and
(2) IC 33-37-5-19.5.
(b) If a clerk certifies to a county fiscal body the amount of fees collected, the county fiscal body shall direct the county auditor to transfer the amount certified to the jury pay fund established under IC 33-37-11.
[Pre-2004 Recodification Citation: 33-19-8-8.]
As added by P.L.98-2004, SEC.16. Amended by P.L.237-2023, SEC.4.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 37. Court Fees › Chapter 9. State User Fee Funds › 33-37-9-1. "State Fund"

Sec. 1. As used in this chapter, "state fund" refers to the state user fee fund established by section 2 of this chapter.
[Pre-2004 Recodification Citation: 33-19-9-1.]
As added by P.L.98-2004, SEC.16.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 37. Court Fees › Chapter 9. State User Fee Funds › 33-37-9-2. Establishment

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.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 37. Court Fees › Chapter 9. State User Fee Funds › 33-37-9-3. Transfer of Fees

Sec. 3. On June 30 and December 31 each year, the auditor of state shall transfer to the treasurer of state for deposit in the state fund the fees distributed to the auditor of state under IC 33-37-7-2(b) and IC 33-37-7-8(d).
[Pre-2004 Recodification Citation: 33-19-9-3.]
As added by P.L.98-2004, SEC.16. Amended by P.L.1-2006, SEC.514.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 37. Court Fees › Chapter 9. State User Fee Funds › 33-37-9-4. Distribution of Amounts Transferred to the State Fund

Sec. 4. (a) The treasurer of state shall distribute semiannually one million two hundred eighty-eight thousand dollars ($1,288,000) of the amounts transferred to the state fund under section 3 of this chapter as follows:
(1) Fourteen and ninety-eight hundredths percent (14.98%) shall be deposited into the alcohol and drug countermeasures fund established by IC 9-27-2-11.
(2) Eight and forty-two hundredths percent (8.42%) shall be deposited into the drug interdiction fund established by IC 10-11-7-1.
(3) Four and sixty-eight hundredths percent (4.68%) shall be deposited into the substance abuse prosecution fund established by IC 33-39-8-6.
(4) Five and sixty-two hundredths percent (5.62%) shall be deposited into the corrections drug abuse fund established by IC 11-8-2-11.
(5) Twenty-two and forty-seven hundredths percent (22.47%) shall be deposited into the state drug free communities fund established by IC 5-2-10-2.
(6) Seven and ninety-eight hundredths percent (7.98%) shall be distributed to the Indiana department of transportation for use under IC 8-23-2-15.
(7) Twenty and thirty-two hundredths percent (20.32%) shall be deposited in the family violence and victim assistance fund established by IC 5-2-6.8-3.
(8) Fifteen and fifty-three hundredths percent (15.53%) shall be deposited in the Indiana secured school fund established by IC 10-21-1-2.
(b) The treasurer of state shall distribute semiannually the amount remaining after the distributions are made under subsection (a) to the state general fund.
[Pre-2004 Recodification Citation: 33-19-9-4.]
As added by P.L.98-2004, SEC.16. Amended by P.L.130-2009, SEC.21; P.L.161-2018, SEC.91; P.L.55-2022, SEC.4; P.L.150-2023, SEC.34; P.L.201-2023, SEC.262.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 37. Court Fees › Chapter 10. Juror and Witness Fees › 33-37-10-1. Jury Fees

Sec. 1. (a) A juror of a circuit, superior, county, or probate court or a member of a grand jury is entitled to the sum of the following:
(1) Except as provided in subsection (f), an amount for mileage at the mileage rate paid to state officers and employees for each mile necessarily traveled to and from the court.
(2) Payment at the rate of:
(A) thirty dollars ($30) for each day the juror is in actual attendance in court until the jury is impaneled;
(B) eighty dollars ($80) for each day the juror is in actual attendance after the jury is impaneled through the fifth day of trial; and
(C) ninety dollars ($90) for each day the juror is in actual attendance from the sixth day of trial until the jury is discharged.
(b) A county fiscal body may adopt an ordinance to pay from county funds a supplemental fee in addition to the fees prescribed by subsection (a)(2).
(c) A juror of a city or town court is entitled to the sum of the following:
(1) Except as provided in subsection (f), an amount for mileage at the mileage rate paid to state officers and employees for each mile necessarily traveled to and from the court.
(2) Fifteen dollars ($15) per day while the juror is in actual attendance.
(d) A city or town fiscal body may adopt an ordinance to pay from city or town funds a supplemental fee in addition to the fee prescribed by subsection (c)(2).
(e) For purposes of this section, a prospective juror who is summoned for jury duty and who reports to the summoning court on the day specified in the summons is in actual attendance on that day, regardless of whether the prospective juror is not seated or is removed under IC 35-37-1.
(f) A county, city, or town fiscal body may adopt an ordinance providing for the payment by the county, city, or town of the parking fees incurred by jurors of circuit, superior, county, and probate courts and members of grand juries. If a county, city, or town fiscal body adopts an ordinance under this subsection, the county, city, or town may pay the parking fees incurred by a juror of a circuit, superior, county, or probate court or a member of a grand jury instead of paying the juror or grand jury member an amount for mileage at the rate provided in subsection (a)(1) or (c)(1).
[Pre-2004 Recodification Citation: 33-19-1-4.]
As added by P.L.98-2004, SEC.16. Amended by P.L.118-2007, SEC.26; P.L.237-2023, SEC.5.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 37. Court Fees › Chapter 10. Juror and Witness Fees › 33-37-10-2. Witnesses in Criminal Actions

Sec. 2. (a) Except as provided in section 3.5 of this chapter, a witness in a criminal action may receive a fee if the witness:
(1) is summoned by the state;
(2) is named on the indictment or information; and
(3) testifies under oath to a material fact in aid of the prosecution.
(b) A fee paid under subsection (a) is the sum of the following:
(1) An amount for mileage at the mileage rate paid to state officers for each mile necessarily traveled to and from the court.
(2) For each day of attendance in court equal to:
(A) fifteen dollars ($15) for witnesses subpoenaed under IC 35-37-5-4; or
(B) five dollars ($5) for all other witnesses.
[Pre-2004 Recodification Citation: 33-19-1-5.]
As added by P.L.98-2004, SEC.16. Amended by P.L.41-2014, SEC.4.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 37. Court Fees › Chapter 10. Juror and Witness Fees › 33-37-10-3. Witnesses in Certain Actions

Sec. 3. Except as provided in section 3.5 of this chapter, a witness in an action listed in IC 33-37-4-2, IC 33-37-4-3, IC 33-37-4-4, IC 33-37-4-6, and IC 33-37-4-7 is entitled to the sum of the following:
(1) An amount for mileage at the mileage rate paid to state officers for each mile necessarily traveled to and from the court.
(2) Five dollars ($5) for each day of attendance in court.
[Pre-2004 Recodification Citation: 33-19-1-6.]
As added by P.L.98-2004, SEC.16. Amended by P.L.1-2007, SEC.222; P.L.41-2014, SEC.5.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 37. Court Fees › Chapter 10. Juror and Witness Fees › 33-37-10-3.5. Witness Fees; School Employees

Sec. 3.5. A witness in any civil or criminal action who is employed by a school in Indiana is entitled to the sum of the following if the witness is called to testify on a regular school day of the school district that employs the witness:
(1) An amount for mileage at the mileage rate paid to state officers for each mile necessarily traveled to and from the court.
(2) One hundred dollars ($100) for each day of attendance in court.
As added by P.L.41-2014, SEC.6.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 37. Court Fees › Chapter 10. Juror and Witness Fees › 33-37-10-4. Witness and Juror Fees; Noting and Forwarding Claims; Affidavit Fees; Disbursements

Sec. 4. (a) The clerk shall note witness and juror fees when the fees are claimed and forward the claims to the county auditor or city or town fiscal officer.
(b) The clerk is not entitled to a fee for providing an affidavit or other proof of attendance to a juror or witness.
(c) The county auditor or city or town fiscal officer shall disburse juror or witness fees claimed under this section as provided in IC 33-37-7-12.
[Pre-2004 Recodification Citation: 33-19-1-7.]
As added by P.L.98-2004, SEC.16.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 37. Court Fees › Chapter 11. Jury Pay Fund › 33-37-11-1. "Jury Pay Fund"

Sec. 1. As used in this chapter, "jury pay fund" refers to the jury pay fund established under section 2 of this chapter.
[Pre-2004 Recodification Citation: 33-19-10-1.]
As added by P.L.98-2004, SEC.16.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 37. Court Fees › Chapter 11. Jury Pay Fund › 33-37-11-2. Establishment

Sec. 2. (a) A jury pay fund is established for each county to supplement the cost of paying jury fees. The jury pay fund is administered by the county auditor.
(b) The jury pay fund consists of amounts deposited by the county auditor under IC 33-37-8-5(c) and the fees collected under:
(1) IC 33-37-5-19 from a defendant who:
(A) committed a crime;
(B) violated a statute defining an infraction; or
(C) violated an ordinance of a municipal corporation; and
(2) IC 33-37-5-19.5 from a party who files:
(A) a civil tort action; or
(B) a civil plenary action.
[Pre-2004 Recodification Citation: 33-19-10-2.]
As added by P.L.98-2004, SEC.16. Amended by P.L.237-2023, SEC.6.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 37. Court Fees › Chapter 11. Jury Pay Fund › 33-37-11-3. Appropriation of Cost of Jury Fees

Sec. 3. (a) Upon receipt of monthly claims submitted on oath to the county fiscal body by a clerk serving the county, including the clerk of a city or town court, the county fiscal body shall appropriate from the jury pay fund to the court served by the clerk an amount to supplement the cost of jury fees.
(b) After all claims received by a county fiscal body during a month have been paid under subsection (a), the county fiscal body may appropriate any unused and unencumbered money remaining in the jury pay fund to maintain and improve the jury system in the county.
[Pre-2004 Recodification Citation: 33-19-10-3.]
As added by P.L.98-2004, SEC.16. Amended by P.L.118-2007, SEC.27; P.L.143-2015, SEC.2.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 37. Court Fees › Chapter 12. Circuit Court Clerk Administrative Fee › 33-37-12-1. Application

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.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 37. Court Fees › Chapter 12. Circuit Court Clerk Administrative Fee › 33-37-12-2. Retention of Administrative Fee

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.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 37. Court Fees › Chapter 12. Circuit Court Clerk Administrative Fee › 33-37-12-3. Administrative Fee

Sec. 3. (a) The clerk may retain as an administrative fee an amount of up to three dollars ($3) from the excess amount collected by the clerk under section 2 of this chapter.
(b) The clerk shall deposit the amount retained as an administrative fee under subsection (a) in the clerk's record perpetuation fund established under IC 33-37-5-2.
As added by P.L.78-2014, SEC.17. Amended by P.L.106-2022, SEC.10.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 1. Certain Judgeship's Eligibility; Term of Office; Travel Expenses › 33-38-1-1. Admission to the Practice of Law

Sec. 1. A person is not eligible to hold the office of judge of any probate or superior court unless, in addition to other prerequisites to eligibility provided by Indiana law, the person is admitted to the practice of law in Indiana.
[Pre-2004 Recodification Citation: 33-13-9-1.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 1. Certain Judgeship's Eligibility; Term of Office; Travel Expenses › 33-38-1-2. Multiple County Judicial Circuits and Superior Court District; Traveling Expenses

Sec. 2. Each judge of each:
(1) judicial circuit containing more than one (1) county; and
(2) superior court district containing more than one (1) county;
shall be paid two thousand dollars ($2,000) per year to reimburse the judge for traveling and other necessary expenses. Two thousand dollars ($2,000) for each judge is appropriated annually from the state general fund not otherwise appropriated.
[Pre-2004 Recodification Citation: 33-13-3-1.]
As added by P.L.98-2004, SEC.17. Amended by P.L.201-2011, SEC.103.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 1. Certain Judgeship's Eligibility; Term of Office; Travel Expenses › 33-38-1-3. Beginning Date; Expiration Date

Sec. 3. The term of office of a person:
(1) elected judge of the court of appeals or of any circuit, superior, probate, criminal, or juvenile court begins on the first day of January after the person's election; and
(2) elected or appointed to any judgeship expires on December 31 after the election of the respective successors.
[Pre-2004 Recodification Citation: 33-13-5-1.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 2. Appointment of Bailiffs in Certain Counties › 33-38-2-1. Judge to Appoint Bailiff and Riding Bailiff

Sec. 1. The judge of the circuit, superior, criminal, probate, and juvenile courts in each county having a population of at least thirty-five thousand (35,000) shall appoint a bailiff and may appoint a riding bailiff for the judge's court, whose per diem shall be fixed by the court to be paid from the county treasury.
[Pre-2004 Recodification Citation: 33-13-4-1.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 2. Appointment of Bailiffs in Certain Counties › 33-38-2-2. Bailiff or Sheriff; County With Population Less Than 35,000

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.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 3. Copy of Appointment of a City or Municipal Judge to the Clerk of Circuit Court › 33-38-3-1. Certified Copy; Clerk of Circuit Court

Sec. 1. When a person is appointed as judge of a city or municipal court, a certified copy of the appointment shall be sent by the appointing authority to the clerk of the circuit court of the county in which the city is located.
[Pre-2004 Recodification Citation: 33-13-7-1.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 3. Copy of Appointment of a City or Municipal Judge to the Clerk of Circuit Court › 33-38-3-2. Certified Copy; Recorded

Sec. 2. The appointment described in section 1 of this chapter shall be recorded in the order book of the circuit court, and the record authorizes the clerk to certify that the judge is the:
(1) appointed;
(2) qualified; and
(3) acting;
judge of the city or municipal court for which the judge was appointed.
[Pre-2004 Recodification Citation: 33-13-7-1.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 4. Chief Clerk in Marion and Lake Counties › 33-38-4-1. Appointment

Sec. 1. The judge of the circuit court in a county having a population of at least four hundred thousand (400,000) may appoint a chief clerk for the court.
[Pre-2004 Recodification Citation: 33-13-6-1.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 4. Chief Clerk in Marion and Lake Counties › 33-38-4-2. Salary

Sec. 2. The salary for the chief clerk:
(1) shall be fixed by the judge of the court;
(2) may not be more than four thousand eight hundred dollars ($4,800) per year; and
(3) shall be paid in monthly installments from the county treasury of the county in which the court is located.
[Pre-2004 Recodification Citation: 33-13-6-1.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 4. Chief Clerk in Marion and Lake Counties › 33-38-4-3. Powers

Sec. 3. The chief clerk may administer oaths that are convenient or necessary to be administered in the discharge of the clerk's duties, for which there is no charge or expense incurred.
[Pre-2004 Recodification Citation: 33-13-6-1.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 4. Chief Clerk in Marion and Lake Counties › 33-38-4-4. Qualifications

Sec. 4. The chief clerk must be:
(1) a graduate of an approved law school; and
(2) admitted to the practice of law in Indiana.
[Pre-2004 Recodification Citation: 33-13-6-1.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 4. Chief Clerk in Marion and Lake Counties › 33-38-4-5. Appropriation

Sec. 5. The county council of the county shall appropriate the money requested by the presiding judge of the circuit court for payment of the salary of the chief clerk, not exceeding the maximum amount of salary provided for by this section.
[Pre-2004 Recodification Citation: 33-13-6-1.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 5. Salaries › 33-38-5-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The amendments made to sections 6 and 8 of this chapter by P.L.159-2005 apply only to increase the part of an annual salary payable after June 30, 2005.
As added by P.L.220-2011, SEC.540.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 5. Salaries › 33-38-5-1. Appropriation; State General Fund Contributions

Sec. 1. There is appropriated from the state general fund a sufficient amount to pay the state general fund contributions under this chapter.
[Pre-2004 Recodification Citation: 33-13-12-2.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 5. Salaries › 33-38-5-2. Appropriation; County Salaries

Sec. 2. The county councils of the counties of the state shall appropriate annually a sufficient amount to pay the county salaries under this chapter.
[Pre-2004 Recodification Citation: 33-13-12-3.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 5. Salaries › 33-38-5-3. Multiple County Judicial Circuits

Sec. 3. (a) This section applies to a judicial circuit that is composed of more than one (1) county.
(b) The counties comprising a circuit to which this section applies are considered one (1) county for purposes of this chapter. Each county in the circuit shall pay part of the county salary in the same proportion as the county's individual classification factor bears to the classification factor of the judicial circuit.
[Pre-2004 Recodification Citation: 33-13-12-4.]
As added by P.L.98-2004, SEC.17.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 38. Judges › Chapter 5. Salaries › 33-38-5-4. Grading of Counties

Sec. 4. For purposes of this chapter, each county is:
(1) graded on the basis of population and gross assessed valuation; and
(2) set up on the percentage ratio it bears to the state, the whole state being considered as one hundred percent (100%).
[Pre-2004 Recodification Citation: 33-13-12-5.]
As added by P.L.98-2004, SEC.17.