Title 33, COURTS AND COURT OFFICERS

Sec. 19.5. (a) All assets in the fund are exempt from levy, sale, garnishment, attachment, or other legal process. However, the participant's contributions or benefits, or both, may be transferred to reimburse the participant's employer for loss resulting from the participant's c…

Sec. 2. As used in this chapter, "board" refers to the board of trustees of the Indiana public retirement system established by IC 5-10.5-3-1. [Pre-2004 Recodification Citation: 33-13-8-2.] As added by P.L.98-2004, SEC.17. Amended by P.L.23-2011, SEC.23.

Sec. 2.5. As used in this chapter, IC 33-38-7, and IC 33-38-8, "electronic funds transfer" has the meaning set forth in IC 4-8.1-2-7(f). As added by P.L.13-2011, SEC.5.

Sec. 20. In addition to the purpose set forth in section 19 of this chapter, the fund may be used for the payment of the costs of administering this chapter. [Pre-2004 Recodification Citation: 33-13-8-17.2.] As added by P.L.98-2004, SEC.17.

Sec. 21. (a) When drawing a salary warrant for a participant, the state comptroller and the county auditor shall deduct from the amount of the warrant the participant's contribution, if any, to the fund in the amount certified in the vouchers or an order issued by the director. (…

Sec. 21.5. (a) This section applies to reports, records, and contributions submitted after December 31, 2011, under this chapter, IC 33-38-7, and IC 33-38-8. (b) An employer shall submit through the use of electronic funds transfer: (1) employer payments made to fund the retireme…

Sec. 22. The state comptroller and the county auditor in the preparation of salary warrants to participants shall indicate on the payroll voucher the following information, in addition to other things: (1) The amount of the participant's contribution to the fund deducted from the…

Sec. 23. (a) The board of trustees of the Indiana public retirement system (referred to as "the system" in this section) shall administer the fund, which may be commingled for investment purposes with any public pension and retirement fund administered by the system. (b) The boar…

Sec. 24. Notwithstanding any other provision of this chapter, IC 33-38-7, or IC 33-38-8, to the extent required by Internal Revenue Code Section 401(a)(31) of the Internal Revenue Code, as added by the Unemployment Compensation Amendments of 1992 (P.L. 102-318), and any amendment…

Sec. 25. (a) A judge or, after December 31, 2010, a judge or full-time magistrate, is entitled to a month of service credit for services performed in any fraction of a calendar month. However, a judge or, after December 31, 2010, a judge or full-time magistrate, is not entitled t…

Sec. 26. (a) A participant may purchase judge pro tempore service credit if: (1) the participant has at least one (1) year of service in the fund; (2) before the participant retires, the participant makes contributions to the fund: (A) that are equal to the product of: (i) the pa…

Sec. 27. A reference to the judges' retirement system under this chapter is considered a reference to the judges' retirement fund under this article. [Pre-2004 Recodification Citation: 33-4-1-75.3.] As added by P.L.98-2004, SEC.17.

Sec. 3. As used in this chapter, "employer" means the state of Indiana. [Pre-2004 Recodification Citation: 33-13-8-2.] As added by P.L.98-2004, SEC.17.

Sec. 4. As used in this chapter, "fiscal year" means the period beginning July 1, in any year, and ending June 30 of the succeeding year. [Pre-2004 Recodification Citation: 33-13-8-2.] As added by P.L.98-2004, SEC.17.

Sec. 5. As used in this chapter, "fund" refers to the Indiana judges' retirement fund established by section 12 of this chapter. [Pre-2004 Recodification Citation: 33-13-8-2.] As added by P.L.98-2004, SEC.17.

Sec. 6. As used in this chapter, "Internal Revenue Code": (1) means the Internal Revenue Code of 1954, as in effect September 1, 1974, if permitted with respect to governmental plans; or (2) to the extent not inconsistent with subdivision (1), has the meaning set forth in IC 6-3-…

Sec. 7. As used in this chapter, "judge" means a person who serves or has served as a regular judge or justice of one (1) or more of the following courts: (1) Supreme court. (2) Court of appeals. (3) Indiana tax court. (4) Circuit court of a judicial circuit. (5) Superior court o…

Sec. 8. As used in this chapter, "judge pro tempore service" means service in Indiana as a full-time judge pro tempore appointed under Trial Rule 63(B) that: (1) is not covered by IC 33-38-7 or IC 33-38-8; and (2) is served by a person who has other service that is covered by IC …

Sec. 9. As used in this chapter, "participant" means a judge who participates in the fund. After December 31, 2010, "participant" means a judge or full-time magistrate who participates in the fund. [Pre-2004 Recodification Citation: 33-13-8-2.] As added by P.L.98-2004, SEC.17. Am…

Sec. 1. (a) Prosecuting attorneys and deputy prosecuting attorneys are entitled to receive the compensation provided in this chapter. The minimum compensation of the prosecuting attorneys shall be paid in the manner prescribed in section 5 of this chapter. The compensation of the…

Sec. 2. (a) A prosecuting attorney may appoint one (1) chief deputy prosecuting attorney. The maximum annual salary paid by the state of a chief deputy prosecuting attorney appointed under this subsection is as follows: (1) If the prosecuting attorney is a full-time prosecuting a…

Sec. 5. (a) The annual minimum salary paid by the state to a full-time prosecuting attorney described in section 6 of this chapter is equal to the minimum salary of the circuit court judge of the same judicial circuit as the prosecuting attorney. (b) A prosecuting attorney of a j…

Sec. 6. (a) Except as provided in section 7 of this chapter, a prosecuting attorney may elect to devote the prosecuting attorney's full professional time to the duties of the office of prosecuting attorney by filing a written notice with the circuit court of the prosecuting attor…

Sec. 7. The prosecuting attorney of a county having a population of more than two hundred fifty thousand (250,000) and less than three hundred thousand (300,000) shall devote the prosecuting attorney's full professional time to the duties of the prosecuting attorney's office. The…

Sec. 8. (a) The compensation provided in this chapter for prosecuting attorneys and their deputies is in full for all services required by law. Prosecuting attorneys shall appear in all courts and in all cases where the law provides that they shall appear. (b) Prosecuting attorne…

Sec. 9. The classification of salary schedules for prosecuting attorneys may not be lowered below the classification first fixed by the state board of accounts under IC 33-14-7 (before its repeal). [Pre-2004 Recodification Citation: 33-14-7-21.] As added by P.L.98-2004, SEC.18.…

Sec. 1. The public defense fund is established to receive court costs or other revenues for county reimbursement and administrative expenses. The fund shall be administered by the Indiana commission on court appointed attorneys (established by IC 33-40-5-2). Money in the fund may…

Sec. 2. The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested. [Pre-2004 Recodification Citation: 33-9-14-2.] As added by P.L.98-2004, SEC.19.

Sec. 3. Money in the fund at the end of a fiscal year does not revert to the state general fund. [Pre-2004 Recodification Citation: 33-9-14-3.] As added by P.L.98-2004, SEC.19.

Sec. 4. (a) For purposes of this section, the term "county auditor" includes a person who: (1) is the auditor of a county that is a member of a multicounty public defender's office; and (2) is responsible for the receipt, disbursement, and accounting of all monies distributed to …

Sec. 5. (a) As used in this section, "commission" means the Indiana commission on court appointed attorneys established by IC 33-40-5-2. (b) Except as provided under section 6 of this chapter, upon certification by a county auditor and a determination by the commission that the r…

Sec. 6. The commission shall give priority to certified claims for reimbursement in capital cases. If the balance in the public defense fund is not adequate to fully reimburse all certified claims in noncapital cases, the commission shall prorate reimbursement of certified claims…

Sec. 1. The manager, officers, and employees of a federal land bank association located in Indiana may become and act as a notary public in the business of the association to take acknowledgments of deeds and real estate mortgages and to take and certify affidavits. [Pre-2004 Rec…

Sec. 1. If the depositor and depository financial institution agree, a trust account that contains qualified funds held by an attorney subject to this article may be made an interest bearing attorney trust account. [Pre-2004 Recodification Citation: 33-20-6-1.] As added by P.L.98…

Sec. 10. An entity may not maintain an action against a depository financial institution solely for: (1) offering, opening, or maintaining an interest bearing attorney trust account; (2) accepting funds for deposit in an interest bearing attorney trust account; or (3) remitting i…

Sec. 11. A paper, a record, a document, or other information identifying an attorney, a client, or a beneficial owner of an interest bearing attorney trust account is confidential. [Pre-2004 Recodification Citation: 33-20-6-11.] As added by P.L.98-2004, SEC.23.

Sec. 12. The board or a depository financial institution may not disclose information described by section 11 of this chapter except: (1) with the consent of the attorney maintaining the account; or (2) as permitted by: (A) law; or (B) rule adopted by the judicial department of s…

Sec. 2. The terms and conditions of an interest bearing attorney trust account, except as required under this chapter, shall be determined by the depositor and the depository financial institution. A depository financial institution is not required to offer an interest bearing at…

Sec. 3. The board owns the beneficial interest in the interest accrued by an interest bearing attorney trust account of an attorney who is subject to this article. [Pre-2004 Recodification Citation: 33-20-6-3.] As added by P.L.98-2004, SEC.23.

Sec. 4. Except for amounts deducted under terms or conditions agreed upon under section 2 of this chapter, a depository financial institution shall remit any interest earned on an interest bearing attorney trust account to the board. [Pre-2004 Recodification Citation: 33-20-6-4.]…

Sec. 5. A depository financial institution shall make the remittance required under section 4 of this chapter not less frequently than quarterly and not later than fifteen (15) days after the end of the remittance period. [Pre-2004 Recodification Citation: 33-20-6-5.] As added by…

remittance Sec. 6. A depository financial institution shall transmit a statement to: (1) the board; and (2) the attorney who maintains the interest bearing attorney trust account; when the depository financial institution remits interest under section 4 of this chapter. [Pre-2004…

Sec. 7. The statement described in section 6 of this chapter must contain the following information: (1) The name of the account. (2) The amount of interest remitted from the account. [Pre-2004 Recodification Citation: 33-20-6-7.] As added by P.L.98-2004, SEC.23.

Sec. 8. A depository financial institution is not required to determine or inquire whether a deposit includes qualified funds. [Pre-2004 Recodification Citation: 33-20-6-8.] As added by P.L.98-2004, SEC.23.

Sec. 9. The remittance of interest by a depository financial institution to the board from an interest bearing attorney trust account is a valid and sufficient release and discharge of a claim by an entity against the depository financial institution for the remittance. [Pre-2004…