Title 33, COURTS AND COURT OFFICERS

Sec. 1. In a county having one (1) or more superior courts or a county, municipal, or probate court, the clerk shall serve as clerk of the superior, county, and probate court as well as clerk of the circuit court. [Pre-2004 Recodification Citation: 33-17-1-1.] As added by P.L.98-…

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…

Sec. 11. By January 31 of each year, every clerk shall provide a report to the Indiana commission on court appointed attorneys concerning the fees the clerk deposited and transferred under IC 35-33-7-6 for the previous calendar year. The report must include statistics regarding t…

Sec. 2. A clerk of the circuit court shall be elected under IC 3-10-2-13 by the voters of each county. The term of office of a clerk is four (4) years, continuing until a successor is elected and qualified. [Pre-2004 Recodification Citation: 33-17-1-2.] As added by P.L.98-2004, S…

Sec. 3. In the manner prescribed by IC 5-4-1, the clerk of each county shall execute a bond conditioned upon: (1) the faithful discharge of the duties of the clerk's office; and (2) the proper payment of all money received by the office of the clerk. [Pre-2004 Recodification Cita…

Sec. 4. (a) The board of county commissioners shall provide the clerk with an office at: (1) the county seat; or (2) in Elkhart County, any other place in the county as the board of county commissioners may provide; in a building provided for that purpose. (b) The clerk shall kee…

Sec. 5. A clerk may administer all oaths. [Pre-2004 Recodification Citation: 33-17-1-7.] As added by P.L.98-2004, SEC.11.

Sec. 6. A clerk shall carry out the duties prescribed for a clerk in IC 3 concerning elections. [Pre-2004 Recodification Citation: 33-17-1-8.] As added by P.L.98-2004, SEC.11.

Sec. 7. A clerk shall post in a conspicuous place in the clerk's office a table of the clerk's fees. If a clerk fails to post a table of fees, a clerk may not demand or receive fees for services rendered. [Pre-2004 Recodification Citation: 33-17-1-6.] As added by P.L.98-2004, SEC…

Sec. 8. The clerk may not become the purchaser of any judgment, decree, or allowance of any court of which the clerk is an officer. All these purchases are void as to the purchaser. [Pre-2004 Recodification Citation: 33-17-1-9.] As added by P.L.98-2004, SEC.11.

Sec. 9. (a) As used in this section, "training courses" refers to training courses related to the office of circuit court clerk that are compiled or developed by the Association of Indiana Counties and approved by the state board of accounts. (b) An individual elected to the offi…

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. …

Sec. 1. IC 33-29-1 does not apply to this chapter. [2004 Recodification Citation: New.] As added by P.L.98-2004, SEC.12.

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…

Sec. 11. A judge or candidate for judge of the Allen superior court may not: (1) accept a contribution (as defined in IC 3-5-2.1-27) from any political party, political action committee (as defined in IC 3-5-2.1-78), or regular party committee (as defined in IC 3-5-2.1-89); or (2…

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 o…

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 office…

Sec. 14. (a) The Allen superior court may appoint probate commissioners, juvenile referees, bailiffs, court reporters, probation officers, and other personnel, including an administrative officer, the court believes are necessary to facilitate and transact the business of the cou…

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. […

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.

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…

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 cou…

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 Recodifi…

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.

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. [P…

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 j…

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.

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,…

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 a…

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 …

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.

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…

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.

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 judge…

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 ci…

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.…

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 a…

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 appointmen…

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…

Sec. 36. The attorney members of the commission shall be elected by the following process: (1) The clerk of the superior court shall, at least ninety (90) days before the date of election, notify all attorneys in Allen County of the election by mail, informing them that nominatio…

Sec. 37. After: (1) the attorney members of the commission have been elected; and (2) the names of the nonattorney commissioners appointed by the governor have been certified to the secretary of state, the clerk of the supreme court, and the clerk of Allen superior court; the sup…

Sec. 38. (a) A member of the commission shall serve until the member's successor is appointed or elected. (b) An attorney commissioner or nonattorney commissioner is not eligible for more than two (2) successive reelections or reappointments. [Pre-2004 Recodification Citation: 33…

Sec. 39. (a) When a judge of the superior court: (1) dies, resigns, is removed from office; or (2) is for any reason ineligible to continue or incapable of continuing in office until the end of the judge's term in office; a judge in another division may not more than thirty (30) …

Sec. 40. In selecting the three (3) nominees to be submitted to the governor, the commission shall comply with the following requirements: (1) The commission shall submit only the names of the three (3) most highly qualified candidates from among all those eligible individuals co…

Sec. 41. The commission shall submit to the governor, with its list of nominees, its written evaluation of the qualifications of each nominee. [Pre-2004 Recodification Citation: 33-5-5.1-39.1.] As added by P.L.98-2004, SEC.12.

Sec. 42. (a) After the commission has nominated and submitted to the governor the names of three (3) nominees: (1) a name may be withdrawn for a cause considered by the commission to substantially affect the nominee's qualifications to hold office; and (2) another name or other n…