reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 33. Courts and Court Officers › Article 32. Circuit Court Clerks › Chapter 2. General Powers and Duties › 33-32-2-9.2. Personal Liability of Clerk

Sec. 9.2. (a) A clerk is not personally liable for any act or omission occurring in connection with the performance of the clerk's official duties, unless the act or omission constitutes gross negligence or an intentional disregard of the responsibilities of the office of clerk.
(b) The fact that a clerk is not personally liable under subsection (a) does not preclude an action against the clerk's bond based on an error or omission committed by the clerk.
As added by P.L.60-2010, SEC.2.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 32. Circuit Court Clerks › Chapter 2. General Powers and Duties › 33-32-2-10. Required Mailings

Note: This version of section amended by P.L.41-2015, SEC.1. See also following version of this section amended by P.L.191-2015, SEC.11.
Sec. 10. (a) The following definitions apply throughout this section:
(1) "Initial mailing" means the service of a complaint, pleading, or similar document on a party upon the commencement of an action. The term does not include any subsequent service, including subsequent service on a party who could have been or should have been served at the commencement of the action.
(2) "Registered or certified mail" includes any means of delivery that provides a return receipt.
(b) This section applies whenever the clerk is required to send by registered or certified mail a document filed with a court.
(c) The initial mailing of the document by registered or certified mail sent:
(1) to not more than two (2) parties who are required to receive the mailing; and
(2) to only one (1) of the party's addresses;
shall be paid out of court costs and fees collected under IC 33-37.
(d) If a person requests the clerk to send a mailing by registered or certified mail after the initial mailing described in subsection (c) or to an additional person or party beyond the two (2) parties described in subsection (c), the person shall provide the clerk with the following:
(1) An envelope with sufficient postage affixed, addressed to the recipient with the address of the clerk's office as the return address.
(2) The United States Postal Service or other forms for registered or certified mail. If return receipt is requested, the forms must be completed so that the clerk's office receives the return receipt.
(3) The United States Postal Service or other fee for the appropriate service by registered or certified mail and return receipt, if requested.
The clerk may not collect any additional fee for sending a mailing.
(e) In a county where court postage costs are paid by the clerk's office, the amount collected by the clerk for additional mailings by registered or certified mail shall be deposited into the clerk's record perpetuation fund established under IC 33-37-5-2. In a county where court postage costs are paid out of the county general fund, the amount collected by the clerk for additional mailings by registered or certified mail shall be returned to the county general fund.
As added by P.L.78-2014, SEC.6. Amended by P.L.41-2015, SEC.1.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 32. Circuit Court Clerks › Chapter 2. General Powers and Duties › 33-32-2-10-b. Use of Registered or Certified Mail

Note: This version of section amended by P.L.191-2015, SEC.11. See also preceding version of this section amended by P.L.41-2015, SEC.1.
Sec. 10. (a) This section applies whenever the clerk is required to send by registered or certified mail a document filed with a court.
(b) The initial mailing of the document by registered or certified mail sent:
(1) to each party who is required to receive the mailing; and
(2) to only one (1) of the party's addresses;
shall be paid out of court costs and fees collected under IC 33-37.
(c) If a person requests the clerk to send any mailing by registered or certified mail after the initial mailing described in subsection (b), the person shall provide the clerk with the following:
(1) An envelope with sufficient postage affixed, addressed to the recipient with the address of the clerk's office as the return address.
(2) The United States Postal Service forms for registered or certified mail. If return receipt is requested, the forms must be completed so that the clerk's office receives the return receipt.
(3) The United States Postal Service fee for the appropriate service by registered or certified mail and return receipt, if requested.
The clerk may not collect any additional fee for sending a mailing.
As added by P.L.78-2014, SEC.6. Amended by P.L.191-2015, SEC.11.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 32. Circuit Court Clerks › Chapter 3. Record Keeping Duties › 33-32-3-1. Duties

Sec. 1. (a) The clerk shall endorse the time of filing on each writing required to be filed in the office of the clerk.
(b) The clerk shall carefully preserve in the office of the clerk all records and writings pertaining to the clerk's official duties.
(c) The clerk shall procure, at the expense of the county, all necessary judges' appearance, bar, judgment, and execution dockets, order books, and final record books.
(d) The clerk shall enter in proper record books all orders, judgments, and decrees of the court.
(e) Not more than fifteen (15) days after the cases are finally determined, the clerk shall enter in final record books a complete record of:
(1) all cases involving the title to land;
(2) all criminal cases in which the punishment is death or imprisonment, except where a nolle prosequi is entered or an acquittal is had; and
(3) all other cases, at the request of either party and upon payment of the costs.
[Pre-2004 Recodification Citation: 33-17-2-1.]
As added by P.L.98-2004, SEC.11. Amended by P.L.78-2014, SEC.7.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 32. Circuit Court Clerks › Chapter 3. Record Keeping Duties › 33-32-3-3. Circuit Court Judgment Docket; Public Record

Sec. 3. The circuit court judgment docket is a public record that is open during the usual hours of transacting business for examination by any person.
[Pre-2004 Recodification Citation: 33-17-2-4.]
As added by P.L.98-2004, SEC.11.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 32. Circuit Court Clerks › Chapter 3. Record Keeping Duties › 33-32-3-4. Entering Judgments and Releases

Sec. 4. A clerk shall:
(1) enter a judgment or recognizance not more than fifteen (15) days after its rendition; or
(2) cause a release of judgment to be entered on the judgment docket not more than fifteen (15) days after satisfaction of the judgment.
[Pre-2004 Recodification Citation: 33-17-2-5.]
As added by P.L.98-2004, SEC.11.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 32. Circuit Court Clerks › Chapter 3. Record Keeping Duties › 33-32-3-5. Execution Docket

Sec. 5. (a) The clerk shall keep an execution docket.
(b) The clerk shall enter all executions on the execution docket as they are issued by the clerk, specifying in proper columns the following information:
(1) The names of the parties.
(2) The amount of the judgment and the interest due upon the issuing of the execution.
(3) The costs.
The clerk shall also prepare an additional column in which the clerk shall enter the return of the sheriff.
(c) The execution docket entries may be inspected and copied under IC 5-14-3-3.
(d) The clerk may keep an execution docket:
(1) in hard copy form; or
(2) in electronic form, if all information in the execution docket is available to the public to inspect or copy in the electronic form.
[Pre-2004 Recodification Citation: 33-17-2-6.]
As added by P.L.98-2004, SEC.11. Amended by P.L.78-2014, SEC.9.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 32. Circuit Court Clerks › Chapter 3. Record Keeping Duties › 33-32-3-6. Monthly Reports; Certified Copies; Forms

Sec. 6. (a) Before the twenty-fifth day of each month, the clerk shall prepare a report showing as of the close of business on the last day of the preceding month the following information:
(1) The balance, if any, of fees payable to the county.
(2) Fees collected for fish and game licenses.
(3) Trust funds held, including payments collected for support.
(4) The total of the balances of all fees and funds.
(5) The record balance of money in each depository at the end of the month.
(6) The cash in the office at the close of the last day of the month.
(7) Any other items for which the clerk of the circuit court is entitled to credit.
(8) The total amount of cash in each depository at the close of business on the last day of the month.
(9) The total of checks issued against each depository that are outstanding at the end of the month and unpaid by the depositories.
(b) The clerk shall:
(1) retain one (1) copy as a public record of the clerk's office; and
(2) file two (2) copies with the county auditor, who shall present one (1) copy to the board of commissioners of the county at its next regular meeting.
Each copy of the report must be verified by the certification of the clerk. The clerk shall file the original with the county auditor, who shall file it with the records of the county board of finance.
(c) The state board of accounts shall prescribe forms for the clerk's monthly reports.
[Pre-2004 Recodification Citation: 33-17-2-8.]
As added by P.L.98-2004, SEC.11. Amended by P.L.209-2019, SEC.8.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 32. Circuit Court Clerks › Chapter 3. Record Keeping Duties › 33-32-3-7. Register of Fees

Sec. 7. (a) The clerk shall keep a register of witness fees and other court fees.
(b) When the clerk receives money in payment of court fees or fees for a witness or any other person, the clerk shall make an entry into the register recording the receipt of the payment.
(c) The register must contain the following information:
(1) The names, in alphabetical order, of persons for whom payment has been received.
(2) The cause for which the fee is paid.
(3) In which fee book and on which page the fee is taxed.
(4) The amount paid.
(5) When the fee was paid in and when it was paid out.
(d) The register must be available for inspection at all times. The clerk may keep the register:
(1) in hard copy form, in a conspicuous place in the clerk's office; or
(2) in electronic form, if all information in the register is available to the public to inspect or copy in the electronic form.
[Pre-2004 Recodification Citation: 33-17-2-9.]
As added by P.L.98-2004, SEC.11. Amended by P.L.78-2014, SEC.10.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 32. Circuit Court Clerks › Chapter 3. Record Keeping Duties › 33-32-3-8. Delivery of Records, Books, and Papers to Successor

Sec. 8. At the end of the clerk's term, the clerk shall deliver to the clerk's successor all the records, books, and papers belonging to the clerk's office.
[Pre-2004 Recodification Citation: 33-17-2-11.]
As added by P.L.98-2004, SEC.11.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 32. Circuit Court Clerks › Chapter 3. Record Keeping Duties › 33-32-3-9. Appropriation for Blank Books and Stationery

Sec. 9. The county council shall appropriate reasonable sums to the clerk for necessary blank books and stationery.
[Pre-2004 Recodification Citation: 33-17-2-2.]
As added by P.L.98-2004, SEC.11.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 32. Circuit Court Clerks › Chapter 4. Child Support Payments › 33-32-4-1. "Electronic Funds Transfer" Defined

Sec. 1. As used in this chapter, "electronic funds transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, that is initiated through an electronic terminal, a telephone, or a computer or magnetic tape for the purpose of ordering, instructing, or authorizing a financial institution to debit or credit an account.
[Pre-2004 Recodification Citation: 33-17-1-4.1.]
As added by P.L.98-2004, SEC.11.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 32. Circuit Court Clerks › Chapter 4. Child Support Payments › 33-32-4-2. "Indiana Support Enforcement Tracking System (Isets)"

Sec. 2. (a) As used in this chapter, "Indiana support enforcement tracking system (ISETS)" refers to the statewide automated system for the collection, disbursement, and distribution of child support payments established by the department of child services.
(b) As used in this chapter, "successor statewide automated support enforcement system" means a statewide automated system for the collection, disbursement, and distribution of child support payments established by the department of child services.
[Pre-2004 Recodification Citation: 33-17-1-4.]
As added by P.L.98-2004, SEC.11. Amended by P.L.145-2006, SEC.365; P.L.128-2012, SEC.177.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 32. Circuit Court Clerks › Chapter 4. Child Support Payments › 33-32-4-2.5. Isets Is the Official Record of Child Support Payments

Sec. 2.5. The Indiana support enforcement tracking system (ISETS) or the successor statewide automated support enforcement system is the official record of the collection, disbursement, and distribution of child support payments as required under 42 U.S.C. 654.
As added by P.L.128-2012, SEC.178.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 32. Circuit Court Clerks › Chapter 4. Child Support Payments › 33-32-4-3. Receipt of Funds

Sec. 3. The clerk may receive funds:
(1) in payment of judgments; and
(2) ordered to be paid into the court by the judge.
[Pre-2004 Recodification Citation: 33-17-1-4.]
As added by P.L.98-2004, SEC.11.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 32. Circuit Court Clerks › Chapter 4. Child Support Payments › 33-32-4-4. Clerk's Liability

Sec. 4. Except as provided in sections 5 and 8 of this chapter, the clerk is liable, with the clerk's sureties, on the clerk's official bond for all funds received to any person who is entitled to demand and receive those funds from the clerk.
[Pre-2004 Recodification Citation: 33-17-1-4.]
As added by P.L.98-2004, SEC.11.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 32. Circuit Court Clerks › Chapter 4. Child Support Payments › 33-32-4-5. State Central Collection Unit and Clerk Not Liable

Sec. 5. The state central collection unit is not liable and the clerk is not personally liable or liable in the clerk's official capacity on the clerk's official bond for funds received if the state central collection unit or the clerk:
(1) through error or in accordance with the best information available to the state central collection unit or the clerk, disbursed the funds to a person the state central collection unit or the clerk reasonably believed to be entitled to receive the funds and to comply with a:
(A) child support order; or
(B) garnishment order;
(2) inappropriately disbursed or misapplied child support funds, arising without the knowledge or approval of the state central collection unit or the clerk, that resulted from:
(A) an action by an employee of, or a consultant to, the department of child services or the Title IV-D agency;
(B) an ISETS or the successor statewide automated support enforcement system technological error; or
(C) information generated by ISETS or the successor statewide automated support enforcement system;
(3) disbursed funds that the state central collection unit or the clerk reasonably believed were available for disbursement but that were not actually available for disbursement;
(4) disbursed child support funds paid to the central collection unit by a personal check that was later dishonored by a financial institution; and
(5) did not commit a criminal offense as a part of the disbursement.
[Pre-2004 Recodification Citation: 33-17-1-4.]
As added by P.L.98-2004, SEC.11. Amended by P.L.145-2006, SEC.366; P.L.148-2006, SEC.31; P.L.128-2012, SEC.179.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 32. Circuit Court Clerks › Chapter 4. Child Support Payments › 33-32-4-6. Improper Disbursement of Funds

Sec. 6. If the state central collection unit or the clerk improperly disburses funds in the manner described by section 5 of this chapter, the state central collection unit or the clerk shall do the following:
(1) Deduct the amount of funds improperly disbursed from fees collected under IC 33-37-5-6.
(2) Credit each account from which funds were improperly disbursed with the amount of funds improperly disbursed under section 5 of this chapter.
(3) Notify the prosecuting attorney of the county of:
(A) the amount of the improper disbursement;
(B) the person from whom the amount of the improper disbursement should be collected; and
(C) any other information to assist the prosecuting attorney to collect the amount of the improper disbursement.
(4) Record each action taken under this subsection on a form prescribed by the state board of accounts.
[Pre-2004 Recodification Citation: 33-17-1-4.]
As added by P.L.98-2004, SEC.11. Amended by P.L.148-2006, SEC.32.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 32. Circuit Court Clerks › Chapter 4. Child Support Payments › 33-32-4-7. Reimbursement

Sec. 7. If:
(1) fees collected under IC 33-37-5-6 are credited to an account under section 6(2) of this chapter because a check or money order was dishonored by a financial institution or was the subject of a stop payment order; and
(2) a person subsequently pays to the clerk all or part of the amount of the check or money order that was dishonored or the subject of a stop payment order;
the clerk must reimburse the account containing fees collected under IC 33-37-5-6 using the amount the person paid to the clerk.
[Pre-2004 Recodification Citation: 33-17-1-4.]
As added by P.L.98-2004, SEC.11.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 32. Circuit Court Clerks › Chapter 4. Child Support Payments › 33-32-4-8. Dishonored Checks

Sec. 8. The clerk is not personally liable for the amount of a dishonored check, for penalties assessed against a dishonored check, or for financial institution charges relating to a dishonored check, if:
(1) the check was tendered to the clerk for the payment of a:
(A) fee;
(B) court ordered payment; or
(C) license; and
(2) the acceptance of the check was not an act or omission constituting gross negligence or an intentional disregard of the responsibilities of the office of clerk.
[Pre-2004 Recodification Citation: 33-17-1-4.]
As added by P.L.98-2004, SEC.11.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 32. Circuit Court Clerks › Chapter 4. Child Support Payments › 33-32-4-9. Repealed

[Pre-2004 Recodification Citation: 33-17-1-4.1.]
As added by P.L.98-2004, SEC.11. Repealed by P.L.148-2006, SEC.35.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 32. Circuit Court Clerks › Chapter 5. Marriage Licenses and Certificate Fees › 33-32-5-1. Marriage License and Certificate Fees

Sec. 1. (a) For issuing a marriage license under IC 31-11-4, the clerk shall collect a fee of fifteen dollars ($15). The clerk shall pay these fees to the treasurer of state, who shall deposit the money in the state user fee fund established by IC 33-37-9-2.
(b) For issuing a marriage certificate under IC 31-11-4, the clerk shall collect the following fee:
(1) Ten dollars ($10), if at least one (1) of the individuals is a resident of Indiana.
(2) Fifty dollars ($50), if neither of the individuals is a resident of Indiana.
When collected, two dollars ($2) of these fees shall be placed in the clerk's record perpetuation fund established under IC 33-37-5-2 and the remainder shall be deposited in the general fund of the county.
[Pre-2004 Recodification Citation: 33-17-14-2.]
As added by P.L.98-2004, SEC.11. Amended by P.L.38-2021, SEC.74.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 32. Circuit Court Clerks › Chapter 5. Marriage Licenses and Certificate Fees › 33-32-5-2. Repealed

[Pre-2004 Recodification Citation: 33-17-14-3.]
As added by P.L.98-2004, SEC.11. Repealed by P.L.113-2014, SEC.121.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 33. Court System Organization in Each County › Chapter 1. Adams County › 33-33-1-1. Judicial Circuit

Sec. 1. Adams County constitutes the twenty-sixth judicial circuit.
[Pre-2004 Recodification Citation: 33-4-1-1.]
As added by P.L.98-2004, SEC.12.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 33. Court System Organization in Each County › Chapter 1. Adams County › 33-33-1-2. Establishment of Standard Superior Court

Sec. 2. (a) There is established a court of record to be known as the Adams superior court.
(b) The Adams superior court is a standard superior court as described in IC 33-29-1.
(c) Adams County comprises the judicial district of the court.
[Pre-2004 Recodification Citation: 33-5-4.5-1.]
As added by P.L.98-2004, SEC.12.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 33. Court System Organization in Each County › Chapter 1. Adams County › 33-33-1-3. Judge; Location of Court Sessions

Sec. 3. The Adams superior court has one (1) judge who shall hold sessions in the Adams County courthouse in Decatur, or in other places in the county as the board of county commissioners of Adams County may provide.
[Pre-2004 Recodification Citation: 33-5-4.5-7.]
As added by P.L.98-2004, SEC.12.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 33. Court System Organization in Each County › Chapter 1. Adams County › 33-33-1-4. Repealed

[Pre-2004 Recodification Citation: 33-5-4.5-3.]
As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 33. Court System Organization in Each County › Chapter 1. Adams County › 33-33-1-5. Repealed

[Pre-2004 Recodification Citation: 33-5-4.5-11.]
As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 33. Court System Organization in Each County › Chapter 2. Allen County › 33-33-2-2. Judicial Circuit

Sec. 2. Allen County constitutes the thirty-eighth judicial circuit.
[Pre-2004 Recodification Citation: 33-4-1-2.]
As added by P.L.98-2004, SEC.12.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 33. Court System Organization in Each County › Chapter 2. Allen County › 33-33-2-3. Magistrates

Sec. 3. The judge of the Allen circuit court may appoint two (2) full-time magistrates under IC 33-23-5. A magistrate continues in office until removed by the judge.
[Pre-2004 Recodification Citation: 33-4-1-2.1.]
As added by P.L.98-2004, SEC.12. Amended by P.L.39-2012, SEC.1.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 33. Court System Organization in Each County › Chapter 2. Allen County › 33-33-2-4. Repealed

[Pre-2004 Recodification Citation: 33-4-1-2.8.]
As added by P.L.98-2004, SEC.12. Amended by P.L.201-2011, SEC.31. Repealed by P.L.39-2012, SEC.2.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 33. Court System Organization in Each County › Chapter 2. Allen County › 33-33-2-5. Establishment of Superior Court

Sec. 5. (a) There is established a superior court in Allen County.
(b) The superior court shall be known as the Allen superior court.
(c) The Allen superior court is a court of record, and its judgments, decrees, orders, and proceedings have the same force and effect and shall be enforced in the same manner as those of the Allen circuit court.
[Pre-2004 Recodification Citation: 33-5-5.1-1; 33-5-5.1-2; 33-5-5.1-5.]
As added by P.L.98-2004, SEC.12.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 33. Court System Organization in Each County › Chapter 2. Allen County › 33-33-2-6. Seal

Sec. 6. The Allen superior court shall have a seal consisting of a circular disk containing the words, "Allen Superior Court", "Indiana", and "Seal", in a design as the court may determine. An impression of the seal shall be spread of record upon the order book of the superior court.
[Pre-2004 Recodification Citation: 33-5-5.1-3.]
As added by P.L.98-2004, SEC.12.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 33. Court System Organization in Each County › Chapter 2. Allen County › 33-33-2-7. Location of Superior Court Sessions

Sec. 7. (a) The Allen superior court shall hold its sessions in:
(1) the Allen County courthouse in Fort Wayne; and
(2) in other places in Allen County as the court may determine.
(b) The board of county commissioners of Allen County shall provide and maintain in the courthouse and at other places in Allen County as the court may determine:
(1) suitable and convenient courtrooms for the holding of the court;
(2) suitable and convenient jury rooms and offices for the judges and other court officers and personnel; and
(3) other facilities as may be necessary.
(c) The board of county commissioners of Allen County shall also provide all necessary furniture and equipment for rooms and offices of the court.
[Pre-2004 Recodification Citation: 33-5-5.1-9.]
As added by P.L.98-2004, SEC.12.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 33. Court System Organization in Each County › Chapter 2. Allen County › 33-33-2-8. Judges; Divisions

Sec. 8. (a) The Allen superior court consists of nine (9) judges as follows:
(1) Two (2) judges serve in the family relations division.
(2) Three (3) judges serve in the criminal division.
(3) Four (4) judges serve in the civil division.
A newly elected or appointed judge assumes the division assignment of the judge whom the judge replaces.
(b) If in the opinion of a majority of the judges there is an undue disparity in the number of cases in any division, the chief judge may assign specific cases normally assigned to that division to a judge in another division as directed by a majority of the judges.
(c) Not later than December 31 of the year immediately preceding a year in which the office of judge of the Allen superior court will be on the ballot, the clerk of the circuit court shall file with the election division a list containing the name, the division assignment, and the court number assigned by the roster of judicial officers maintained by the office of judicial administration, for each judge of the Allen superior court.
(d) During the period under IC 3-8-2-4 in which a declaration of candidacy may be filed for a primary election, any person desiring to become a candidate for one (1) of the Allen superior court judgeships must file with the election division a declaration of candidacy adapted from the form prescribed under IC 3-8-2 that:
(1) is signed by the candidate; and
(2) designates the division and the court number of the judgeship that the candidate seeks.
(e) A petition without the designation required under subsection (c) shall be rejected by the election division (or by the Indiana election commission under IC 3-8-1-2).
(f) If an individual who files a declaration under subsection (d) ceases to be a candidate after the final date for filing a declaration under subsection (d), the election division may accept the filing of additional declarations of candidacy for that seat not later than noon on August 1.
[Pre-2004 Recodification Citation: 33-5-5.1-29.]
As added by P.L.98-2004, SEC.12. Amended by P.L.169-2015, SEC.166; P.L.161-2018, SEC.78.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 33. Court System Organization in Each County › Chapter 2. Allen County › 33-33-2-9. Judicial Candidates; Terms

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.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 33. Court System Organization in Each County › Chapter 2. Allen County › 33-33-2-10. Candidate for Judge; Qualifications

Sec. 10. (a) To qualify as a candidate for Allen superior court judge, a person:
(1) must be a citizen of the United States domiciled in Allen County;
(2) must have at least five (5) years active practice of law, including cases involving matters assigned to the division in which the person would serve as judge;
(3) may not previously have had any disciplinary sanction imposed upon the person by the supreme court disciplinary commission of Indiana or any similar body in another state; and
(4) may not previously have been convicted of any felony.
(b) If a person does not qualify under subsection (a), the person may not be listed on the ballot as a candidate. However, an individual who was a judge of the court on January 1, 1984, does not have to comply with subsection (a)(2).
[Pre-2004 Recodification Citation: 33-5-5.1-29.3.]
As added by P.L.98-2004, SEC.12.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 33. Court System Organization in Each County › Chapter 2. Allen County › 33-33-2-11. Limits on Acceptance of Contributions

Sec. 11. A judge or candidate for judge of the Allen superior court may not:
(1) accept a contribution (as defined in IC 3-5-2-15) from any political party, political action committee (as defined in IC 3-5-2-37), or regular party committee (as defined in IC 3-5-2-42); or
(2) accept more than a total of ten thousand dollars ($10,000) in contributions from all sources to pay expenses connected with the candidate's candidacy.
[Pre-2004 Recodification Citation: 33-5-5.1-29.5.]
As added by P.L.98-2004, SEC.12.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 33. Court System Organization in Each County › Chapter 2. Allen County › 33-33-2-12. Rules and Regulations; Incidental Powers of Judges

Sec. 12. (a) The Allen superior court:
(1) may make and adopt rules and regulations for conducting the business of the court, not repugnant to Indiana laws and the rules of the supreme 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 of the superior court 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: 33-5-5.1-6.]
As added by P.L.98-2004, SEC.12.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 33. Court System Organization in Each County › Chapter 2. Allen County › 33-33-2-13. Orders, Writs, Appointments, and Commissions

Sec. 13. The Allen superior court may:
(1) grant restraining orders and injunctions;
(2) issue writs of habeas corpus;
(3) appoint receivers, masters, and commissioners to convey real property and to grant commissions for the examination of witnesses; and
(4) appoint other officers necessary to facilitate and transact the business of the court;
as conferred on circuit courts or the judges of circuit courts.
[Pre-2004 Recodification Citation: 33-5-5.1-7.]
As added by P.L.98-2004, SEC.12.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 33. Court System Organization in Each County › Chapter 2. Allen County › 33-33-2-15. Salary of Juvenile Referee

Sec. 15. Each juvenile referee appointed under section 14 of this chapter who:
(1) is appointed by the court to serve as a full-time referee; and
(2) does not practice law during the referee's term as referee;
is entitled to receive an annual salary as provided in IC 33-38-5-7.
[Pre-2004 Recodification Citation: 33-5-5.1-8.5.]
As added by P.L.98-2004, SEC.12.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 33. Court System Organization in Each County › Chapter 2. Allen County › 33-33-2-16. Clerk and Sheriff

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.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 33. Court System Organization in Each County › Chapter 2. Allen County › 33-33-2-17. Clerk and Sheriff; Duties, Liabilities, Fees, and Procedure

Sec. 17. (a) The sheriff shall attend the Allen superior court. The clerk and the sheriff shall discharge all the duties pertaining to their respective offices as they are required to do by law in the circuit court.
(b) All laws prescribing the duties and liabilities of clerk and sheriff and the mode of proceeding against them, or either of them, for neglect of official duty, allowing fees, and providing for the collection fees in the circuit court, apply to the Allen superior court.
(c) In a case in the Allen superior court based upon a violation of a city ordinance where fines or forfeitures are adjudged against a party:
(1) the fines or forfeitures shall be paid to and collected by the clerk and regularly remitted to the city clerk of the city that issued the ordinance; and
(2) the city clerk shall disburse the fines or forfeitures as required by law.
Payment of fines for admitted parking violations shall be made to the city clerk of the city that issued the ordinances concerning parking violations.
[Pre-2004 Recodification Citation: 33-5-5.1-12.]
As added by P.L.98-2004, SEC.12. Amended by P.L.78-2014, SEC.11.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 33. Court System Organization in Each County › Chapter 2. Allen County › 33-33-2-18. Record Books and Dockets

Sec. 18. The clerk, under the direction of the Allen superior court, shall provide:
(1) order books;
(2) judgment dockets;
(3) execution dockets;
(4) fee books; and
(5) other books, papers, and records;
as are necessary for the court. All books, papers, and proceedings of the court shall be kept distinct and separate from those of other courts.
[Pre-2004 Recodification Citation: 33-5-5.1-14.]
As added by P.L.98-2004, SEC.12.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 33. Court System Organization in Each County › Chapter 2. Allen County › 33-33-2-19. Single Order Book

Sec. 19. The Allen superior court shall maintain a single order book for the entire court. The order book may be signed on behalf of the court by any of the judges of the court. The signature constitutes authentication of the actions of each judge in the court.
[Pre-2004 Recodification Citation: 33-5-5.1-15.]
As added by P.L.98-2004, SEC.12.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 33. Court System Organization in Each County › Chapter 2. Allen County › 33-33-2-20. Repealed

[Pre-2004 Recodification Citation: 33-5-5.1-4.]
As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 33. Court System Organization in Each County › Chapter 2. Allen County › 33-33-2-21. Fees

Sec. 21. The same fees shall be taxed in the Allen superior court as are provided by law to be taxed in the Allen circuit court. When collected in the Allen superior court, the fees shall be disbursed in the same manner as similar fees are disbursed in the Allen circuit court.
[Pre-2004 Recodification Citation: 33-5-5.1-13.]
As added by P.L.98-2004, SEC.12.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 33. Court System Organization in Each County › Chapter 2. Allen County › 33-33-2-22. Laws Applicable to Superior Court

Sec. 22. All laws of the state and rules adopted by the supreme court governing the Allen circuit court in matters of pleading, practice, the issuing and service of process, the giving of notice, the appointing 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 apply to and govern the Allen superior court.
[Pre-2004 Recodification Citation: 33-5-5.1-16.]
As added by P.L.98-2004, SEC.12.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 33. Court System Organization in Each County › Chapter 2. Allen County › 33-33-2-23. Repealed

[Pre-2004 Recodification Citation: 33-5-5.1-17.]
As added by P.L.98-2004, SEC.12. Repealed by P.L.118-2007, SEC.38.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 33. Court System Organization in Each County › Chapter 2. Allen County › 33-33-2-24. Fees of Jurors and Witnesses

Sec. 24. Jurors and witnesses in attendance upon the Allen superior court shall receive the same fees as are provided for by law for jurors and witnesses in the circuit court.
[Pre-2004 Recodification Citation: 33-5-5.1-18.]
As added by P.L.98-2004, SEC.12.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 33. Court System Organization in Each County › Chapter 2. Allen County › 33-33-2-25. Transfer of Cases From Circuit Court

Sec. 25. The judge of the Allen circuit court may, with the consent of the Allen superior court, transfer any action, cause, or proceeding filed and docketed in the circuit court to the superior court by transferring all original papers and instruments filed in the action, cause, or proceeding without a further transcript to be redocketed and disposed of as if originally filed with the Allen superior court.
[Pre-2004 Recodification Citation: 33-5-5.1-25.]
As added by P.L.98-2004, SEC.12.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 33. Court System Organization in Each County › Chapter 2. Allen County › 33-33-2-26. Transfer of Cases to Circuit Court

Sec. 26. Any judge of the Allen superior court may, with the consent of the judge of the Allen circuit court, transfer any action, cause, or proceeding filed and docketed in the superior court to the circuit court by transferring all original papers and instruments filed in the action, cause, or proceeding without further transcript thereof to be redocketed and disposed of as if originally filed with the circuit court.
[Pre-2004 Recodification Citation: 33-5-5.1-26.]
As added by P.L.98-2004, SEC.12.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 33. Court System Organization in Each County › Chapter 2. Allen County › 33-33-2-27. Authority of Circuit Judge to Sit in Superior Court

Sec. 27. The judge of the Allen circuit court may sit as a judge of the superior court, with the superior court's permission, in all matters pending before the superior court, without limitation and without any further order, in the same manner as if the circuit court judge were a judge of the superior court with all the rights and powers as if the circuit court judge were appointed judge of the superior court.
[Pre-2004 Recodification Citation: 33-5-5.1-27.]
As added by P.L.98-2004, SEC.12.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 33. Court System Organization in Each County › Chapter 2. Allen County › 33-33-2-28. Appeals

Sec. 28. Any party may appeal from any order or judgment of the superior court in any case where an appeal may be had from a similar order or judgment of the circuit court.
[Pre-2004 Recodification Citation: 33-5-5.1-19.]
As added by P.L.98-2004, SEC.12.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 33. Court System Organization in Each County › Chapter 2. Allen County › 33-33-2-29. Process

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.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 33. Court System Organization in Each County › Chapter 2. Allen County › 33-33-2-30. Board of Judges

Sec. 30. (a) The Allen superior court shall be governed and operated by a board of judges composed of all the judges of the superior court. Six (6) judges are required for a quorum for conducting business and as a majority for taking action. Every two (2) years the board of judges shall elect a chief judge to carry out ministerial functions of representation as the board of judges periodically determines by a majority of the board's members.
(b) Matters of administration, budget, expenditures, policy, and procedure affecting the entire superior court shall be determined by a majority of the board of judges. Any determination binds the entire board of judges and each judge of the board.
(c) One (1) budget covering all the divisions of the superior court shall be prepared for the superior court and submitted to the county fiscal body. However, each division shall prepare its own budget as a component of the superior court's total budget.
[Pre-2004 Recodification Citation: 33-5-5.1-21.1.]
As added by P.L.98-2004, SEC.12.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 33. Court System Organization in Each County › Chapter 2. Allen County › 33-33-2-31. Divisions of the Court

Sec. 31. (a) The court, by rules adopted by the Allen superior court, shall divide the work of the court into the following divisions:
(1) A family relations division.
(2) A criminal division (including a standard minor offenses and violations docket under IC 33-29-2-8).
(3) A civil division (including a standard small claims docket under IC 33-29-2-4).
(b) Cases involving juvenile matters shall be assigned to the family relations division.
(c) Cases involving matters specified in IC 33-29-2-8 shall be assigned to the criminal division.
(d) Cases involving matters specified in IC 33-29-2-4 shall be assigned to the small claims docket in the civil division.
(e) The work of each division may be divided further by rules adopted by the court.
(f) Every two (2) years each division of the court shall elect an administrative judge for that division. The administrative judge shall carry out ministerial, administrative, and assignment functions as are periodically determined by a majority of the judges of that division.
(g) Matters of administration, budget, expenditures, policy, and procedure in each division shall be determined by a majority of the judges of that division.
(h) Disputes within any division concerning administration, budget, expenditures, policy, procedure, and assignments that pertain to the division as a whole or to any individual judge of the division, that for any reason cannot be resolved by a majority of the judges in the division, shall be submitted to the board of judges and determined by a majority of the board of judges.
(i) A resolution approved by a majority of the board of judges that resolves disputes within a division must include at least one (1) of the judges of that division and binds all of the judges of that division.
[Pre-2004 Recodification Citation: 33-5-5.1-23.]
As added by P.L.98-2004, SEC.12. Amended by P.L.1-2007, SEC.217.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 33. Court System Organization in Each County › Chapter 2. Allen County › 33-33-2-32. Judicial Nominating Commission; Establishment

Sec. 32. (a) There is established a judicial nominating commission for the Allen superior court.
(b) The board of county commissioners of Allen County shall provide all facilities, equipment, supplies, and services necessary for the administration of the duties of the commission.
(c) The members of the commission serve without compensation. However, the board of commissioners shall reimburse members of the commission for actual expenses incurred in performing their duties.
[Pre-2004 Recodification Citation: 33-5-5.1-30.1.]
As added by P.L.98-2004, SEC.12.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 33. Court System Organization in Each County › Chapter 2. Allen County › 33-33-2-33. Judicial Nominating Commission; Membership

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.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 33. Court System Organization in Each County › Chapter 2. Allen County › 33-33-2-34. Judicial Nominating Commission; Nonattorney Members

Sec. 34. (a) The governor shall appoint the three (3) nonattorney members of the commission.
(b) One (1) month before the expiration of a term of office of a nonattorney commissioner, the governor shall:
(1) reappoint the commissioner; or
(2) appoint a replacement.
All appointments shall be certified to the secretary of state, the clerk of the supreme court, and the clerk of Allen superior court not more than ten (10) days after the appointment.
(c) After their initial terms, the governor shall appoint each nonattorney commissioner for a term of four (4) years.
(d) When a vacancy occurs in the office of a nonattorney commissioner, the chairman of the commission shall promptly notify the governor in writing of that fact. Vacancies in the office of nonattorney commissioners shall be filled by appointment of the governor not more than sixty (60) days after the governor has notice of the vacancy. The nonattorney commissioner appointed shall serve during the unexpired term of the member whose vacancy the nonattorney commissioner has filled.
[Pre-2004 Recodification Citation: 33-5-5.1-32.1.]
As added by P.L.98-2004, SEC.12.
2023 Indiana Code › Title 33. Courts and Court Officers › Article 33. Court System Organization in Each County › Chapter 2. Allen County › 33-33-2-35. Judicial Nominating Commission; Attorney Members

Sec. 35. (a) Persons who are admitted to the practice of law and who reside in Allen County (referred to as "attorney electors") shall elect three (3) members to serve on the commission. The term of office of each elected attorney member is four (4) years, commencing on the first day of October following the member's election. The election day is the first Tuesday in September 1983, and every four (4) years thereafter. During the month before the expiration of each attorney commissioner's term of office, an election shall be held to fill the succeeding four (4) year term of office.
(b) Except when a term of office has less than ninety (90) days remaining, vacancies in the office of an attorney commissioner shall be filled for the unexpired term by a special election.
[Pre-2004 Recodification Citation: 33-5-5.1-33.1.]
As added by P.L.98-2004, SEC.12.