Title 33, COURTS AND COURT OFFICERS

Sec. 13.1. (a) As used in this chapter: (1) "close relative" has the meaning set forth in IC 33-23-11-2; and (2) "committee" refers to the Marion County judicial selection committee established by subsection (b). (b) The Marion County judicial selection committee is established t…

Sec. 13.2. (a) Each judge of the court shall serve a term of six (6) years. A judge shall be appointed at large for the office of judge of the court and not as the judge of a particular room or division of the court. (b) The thirty-six (36) judges of the court shall be divided in…

Sec. 13.3. (a) The retention in office of a sitting judge of the court shall be approved or rejected by the electorate of Marion County in accordance with this section. (b) A judge who has been found eligible for retention by the committee under section 13.7 or 13.8 of this chapt…

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

Sec. 13.5. (a) The municipal court judge: (1) whose term expires December 31, 1997; and (2) who is serving as a part-time judge on December 31, 1997; is entitled to continue serving as a part-time judge of the Marion superior court established under IC 33-5.1-2 (before its repeal…

Sec. 13.7. (a) This section applies to each sitting judge who wishes to stand for retention under section 13.3 of this chapter in 2027 and each year following. (b) Before a judge is eligible to stand for retention under section 13.3 of this chapter, the judge must appear, in pers…

Sec. 13.8. (a) This section applies to each sitting judge who wishes to stand for retention under section 13.3 of this chapter in 2026. (b) Before a judge may stand for retention under section 13.3 of this chapter in 2026, the judge must appear, in person, before the committee to…

Sec. 14.1. (a) This section applies to the selection of the executive committee in 2026 to begin serving a term starting on January 1, 2027, and selection of each executive committee thereafter. An executive committee comprised of four (4) superior court judges is responsible for…

Sec. 14.5. (a) The executive committee selected under section 14.1 of this chapter shall have the authority to do the following: (1) Develop operational policies and determine the court's positions on public policy. (2) Serve as official representative of the court in interaction…

Sec. 15. (a) The executive committee shall determine the number of judicial officers and personnel required to efficiently serve the court. The salaries of the personnel shall be fixed and paid as provided by law. (b) The administrative officers shall perform the duties prescribe…

Sec. 15.5. (a) A commissioner or magistrate of the superior court shall be hired in a manner prescribed by the executive committee. (b) Commissioners and magistrates: (1) serve the entire superior court and not just the individual judge or judges to whom a commissioner or magistr…

Sec. 16. An appointed judicial officer shall be vested by the judges of the family division with suitable powers for the handling of all probate matters of the court, including the following: (1) Fixing of all bonds. (2) Auditing accounts of estates, guardianships, and trusts. (3…

Sec. 17. (a) The court shall hold sessions in: (1) the community justice campus in Indianapolis; and (2) other places in Marion County as the court determines. (b) The city-county council shall: (1) provide and maintain in the community justice campus and at other places in Mario…

Sec. 18. The clerk, under the direction of the 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 kep…

Sec. 19. The court shall maintain a single order book for each division or room of the court that may be signed on behalf of the court by the judge of that division or room of the court. The signature of the judge authenticates the actions of the court. [Pre-2004 Recodification C…

Sec. 2. (a) Marion County constitutes the nineteenth judicial circuit. (b) The judge of the Marion circuit court may appoint one (1) full-time magistrate under IC 33-23-5 to serve the circuit court. The magistrate continues in office until removed by the judge. [Pre-2004 Recodifi…

Sec. 20. All laws of Indiana and rules adopted by the supreme court governing the circuit court in matters of pleadings, 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 an…

Sec. 22. A party may appeal an order or a judgment of the court in any case where an appeal may be had from a similar order or judgment of the circuit court. [Pre-2004 Recodification Citation: 33-5.1-2-17.] As added by P.L.98-2004, SEC.12.

Sec. 23. The process of the court must have the seal affixed. The process must be attested, directed, served, returned, and in the form as provided for process issuing from the circuit court. [Pre-2004 Recodification Citation: 33-5.1-2-18.] As added by P.L.98-2004, SEC.12.

Sec. 24. The judge of the Marion circuit court may, with the consent of the court acting through the superior court chief judge under rules adopted by the court, transfer any action, cause, or proceeding filed and docketed in the circuit court to the court by transferring all ori…

Sec. 25. The chief judge may, with the consent of the judge of the Marion circuit court and under rules adopted by the court, transfer any action, cause, or proceeding without further transcript to be redocketed and disposed of as if originally filed with the Marion circuit court…

Sec. 26. The judge of the Marion circuit court may sit as a judge of the court, with the court's permission, in all matters pending before the court, without limitation and without any further order, in the same manner as a judge of the court with all the rights and powers of an …

Sec. 27. Each judge, before entering upon the duties of office, shall take and subscribe the following oath or affirmation: "I solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of Indiana and that I will faithfu…

Sec. 28. The court shall take judicial notice of all matters of which courts of general jurisdiction of Indiana are required to take judicial notice. The court shall also take judicial notice of all general ordinances of each city or municipality located in the county. [Pre-2004 …

Sec. 29. (a) When an appeal is taken from the court in criminal cases or proceedings under IC 34-28-5 (or IC 34-4-32 before its repeal), the amount of costs charged must be certified as a part of the transcript and charged as part of the costs in the court to which the appeal or …

Sec. 3. As used in this chapter, "city-county council" refers to the Indianapolis, Marion County city-county council. [Pre-2004 Recodification Citation: 33-5.1-1-2.] As added by P.L.98-2004, SEC.12.

Sec. 30. (a) Subject to section 13.7 of this chapter, a judge remains qualified to hold office as long as the judge: (1) remains fair and impartial in judicial functions; (2) remains physically and mentally capable of performing all the functions and duties of the office of judge…

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

Sec. 33. (a) The executive committee selected under section 14 of this chapter (before its repeal) or section 14.1 of this chapter shall employ a court administrator to administer the business activities of the court. A court administrator is subject to rules of the court and ove…

Sec. 34. (a) The clerk of the superior court shall furnish the following: (1) All blanks, forms, and papers required for use in all criminal cases and in all civil actions involving actions by a city or town for violations of municipal penal ordinances. (2) All books, papers, sta…

Sec. 4. As used in this chapter, "clerk" refers to the clerk of the Marion superior court. [Pre-2004 Recodification Citation: 33-5.1-1-3.] As added by P.L.98-2004, SEC.12.

Sec. 5. As used in this chapter, "court" refers to the Marion superior court. [Pre-2004 Recodification Citation: 33-5.1-1-4.] As added by P.L.98-2004, SEC.12.

Sec. 5.5. As used in this chapter, "full court" means the total of all Marion Superior Court judges who are appointed and serving as judges. As added by P.L.76-2026, SEC.3.

Sec. 6. (a) There is established a superior court in Marion County. The court consists of: (1) thirty-five (35) judges beginning January 1, 2007, and ending December 31, 2008; and (2) thirty-six (36) judges beginning January 1, 2009. (b) To be qualified to serve as a judge of the…

Sec. 7. The court must be named the Marion superior court. [Pre-2004 Recodification Citation: 33-5.1-2-2.] As added by P.L.98-2004, SEC.12.

Sec. 8. The court must have a seal consisting of a circular disk containing the words, "Marion Superior Court", "Indiana", and "Seal", and a design as the court may determine, an impression of which must be spread of record upon the order book of the court. [Pre-2004 Recodificati…