Title 33, COURTS AND COURT OFFICERS

Sec. 2. Notwithstanding representation by the office of the attorney general, the duty of discovery is on the parties to the judicial proceeding. [Pre-2004 Recodification Citation: 33-3-5-14.2.] As added by P.L.98-2004, SEC.5.

Sec. 3. Discovery conducted under section 2 of this chapter is limited to production of documents from the administrative law judge presiding over the review under IC 6-1.1-15-3. The administrative law judge may not be summoned to testify before the tax court unless verified proo…

Sec. 4. A township assessor, a county assessor, a county auditor, a member of a county property tax assessment board of appeals, or a county property tax assessment board of appeals: (1) may seek relief from the tax court to establish that the Indiana board of tax review rendered…

Sec. 1. (a) Brown County constitutes the eighty-eighth judicial circuit. (b) The judge of the Brown circuit court may appoint one (1) full-time magistrate under IC 33-23-5. The magistrate continues in office until removed by the judge. [Pre-2004 Recodification Citation: 33-4-1-7.…

Sec. 1. The state board of accounts shall provide rules, in cooperation with the appropriate county officers, to specify the: (1) forms; and (2) records; for the handling and reporting of money and other property by or in connection with the small claims court. [Pre-2004 Recodifi…

Sec. 2. Each judge shall prepare, certify, and file quarterly reports on March 31, June 30, September 30, and December 31 of each year with the circuit court judge, which must include the: (1) total case filings; (2) terminations; and (3) cases remaining open; broken down by the …

Sec. 3. The judge of the circuit court, with the assistance of the clerk of the circuit court, the judges of the small claims courts, and the state board of accounts, shall, at the expense of the townships: (1) provide the forms, blanks, court calendar books, judgment dockets, an…

Sec. 4. (a) The small claims courts shall use a centralized case management system approved by the office of judicial administration. (b) The judge of a small claims court is responsible for: (1) preparing and submitting the court's budget to the township advisory board; and (2) …

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) Reques…

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 sher…

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 shal…

Sec. 2. (a) The clerk of a circuit court shall distribute semiannually to the state comptroller as the state share for deposit in the homeowner protection unit account established by IC 4-6-12-9 one hundred percent (100%) of the automated record keeping fees collected under IC 33…

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…

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 percen…

Sec. 8. (a) The clerk of a city or town court shall distribute semiannually to the state comptroller as the state share for deposit in the homeowner protection unit account established by IC 4-6-12-9 one hundred percent (100%) of the automated record keeping fees collected under …

Sec. 9. (a) On June 30 and on December 31 of each year, the state comptroller 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 …

Sec. 0.2. (a) As used in this section, "prior law" refers to IC 33-13-9.1 (before its repeal). (b) As used in this section, "repealed statutes" refers to the following: (1) IC 33-13-8-1. (2) IC 33-13-8-4. (3) IC 33-13-8-10. (4) IC 33-13-8-10.1. (5) IC 33-13-8-11. (6) IC 33-13-8-1…

Sec. 1. This chapter applies only to an individual who begins service as a judge before September 1, 1985. [Pre-2004 Recodification Citation: 33-13-9.1-1.] As added by P.L.98-2004, SEC.17.

Sec. 10. (a) A person who completed at least eight (8) years of service as a judge before July 1, 1953, may become a participant in the fund and be subject to this chapter if the person qualifies for benefits under section 11 of this chapter. A person who is a judge on July 1, 19…

Sec. 11. (a) Benefits provided under this section are subject to IC 33-38-6-13 and section 16 of this chapter. (b) A participant whose employment as judge is terminated, regardless of cause, is entitled to a retirement annuity beginning on the date specified by the participant in…

Sec. 12. (a) Benefits provided under this section are subject to IC 33-38-6-13. (b) A participant is considered permanently disabled if the board has received a written certificate by at least two (2) licensed and practicing physicians, appointed by the board, indicating that: (1…

Sec. 13. (a) Except as otherwise provided in this chapter, a participant: (1) whose employment as a judge is terminated regardless of cause; and (2) who has less than twelve (12) years service; is entitled to withdraw from the fund, beginning on the date specified by the particip…

estate Sec. 14. (a) Benefits provided under this section are subject to IC 33-38-6-13 and section 16 of this chapter. (b) If annuities are not payable to the survivors of a participant who dies after July 1, 1983, the surviving spouse or child or children of the participant, if a…

Sec. 15. (a) Benefits provided under this section are subject to IC 33-38-6-13 and section 16 of this chapter. (b) If a participant's spouse does not survive the participant, and a child is not designated and entitled to receive an annuity under section 11 of this chapter, any su…

Sec. 16. Notwithstanding any other provision of this chapter, and solely for the purposes of the benefits provided under this chapter, the benefit limitations of Section 415 of the Internal Revenue Code shall be determined by applying the provisions of Section 415(b)(10) of the I…

Sec. 17. (a) A judge is entitled to a month of service credit for services performed in any fraction of a calendar month. However, a judge is not entitled to more than one (1) month of credit for services performed in a calendar month. (b) Except as otherwise provided in this cha…

Sec. 18. (a) This section applies to a person who: (1) is a judge participating under this chapter; (2) was appointed by a court to serve as a full-time referee, full-time commissioner, or full-time magistrate either: (A) before becoming a judge; or (B) after leaving an elected t…

Sec. 19. (a) This section applies only to a person who: (1) is a judge participating under this chapter; (2) before becoming a judge was a member of an Indiana public employees' retirement fund; (3) received credited service under an Indiana public employees' retirement fund for …

Sec. 2. As used in this chapter, "Americans with Disabilities Act" refers to the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) and any amendments and regulations related to the Act. [Pre-2004 Recodification Citation: 33-13-9.1-2.] As added by P.L.98-2004, SEC.17.

Sec. 20. A participant, beneficiary, or survivor may not assign any payment under this chapter except for the following: (1) Premiums on a life, hospitalization, surgical, or medical group insurance plan maintained in part by a state agency. (2) Dues to an association that proves…

Sec. 3. 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: 33-13-9.1-2.] As added by P.L.98-2004, SEC.17. Amended by P.L.23-2011, SEC.24.

Sec. 4. As used in this chapter, "employer" means the state of Indiana. [Pre-2004 Recodification Citation: 33-13-9.1-2.] 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 IC 33-38-6-12. [Pre-2004 Recodification Citation: 33-13-9.1-2.] 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 on September 1, 1974, if permitted with respect to governmental plans; or (2) to the extent consistent with subdivision (1), has the meaning set forth in IC 6-3-1-1…

Sec. 7. As used in this chapter, "participant" means a judge who participates in the fund. [Pre-2004 Recodification Citation: 33-13-9.1-2.] As added by P.L.98-2004, SEC.17.

Sec. 8. As used in this chapter, "salary" means the total salary paid to a participant by the state and by a county or counties, determined without regard to any salary reduction agreement established under Section 125 of the Internal Revenue Code. [Pre-2004 Recodification Citati…

Sec. 9. As used in this chapter, "services" means the period beginning on the first day a person first becomes a judge, whether the date is before, on, or after March 11, 1953, and ending on the date under consideration and includes all intervening employment as a judge. [Pre-200…

Sec. 0.1. The amendments made to sections 15, 16, and 19 of this chapter by P.L.33-2006 apply to a participant in the fund who: (1) is serving on July 1, 2006; or (2) serves after July 1, 2006; in a position described in section 8 of this chapter. As added by P.L.13-2011, SEC.11;…

Sec. 1. This chapter applies only to: (1) an individual who serves as a prosecuting attorney or chief deputy prosecuting attorney on or after January 1, 1990; and (2) a participant employed in a position described in section 8(a)(2) or 8(a)(3) of this chapter who serves in the po…

Sec. 10. The fund shall be construed to be a trust, separate and distinct from all other entities, maintained to: (1) secure payment of benefits to the participants and their beneficiaries; and (2) pay the costs of administering this chapter. [Pre-2004 Recodification Citation: 33…

Sec. 10.5. (a) All assets in the fund are exempt from levy, sale, garnishment, attachment, or other legal process. However, a participant's contributions or benefits, or both, may be transferred to reimburse the participant's employer for loss resulting from the participant's cri…

Sec. 11. (a) The board shall administer the fund, which may be commingled with any public pension and retirement fund administered by the Indiana public retirement system for investment purposes. (b) The board shall do the following: (1) Determine eligibility for and make payment…

Sec. 12. (a) Except as otherwise provided in this section, each participant shall make contributions to the fund as follows: (1) A participant described in section 8(a)(1) of this chapter shall make contributions of six percent (6%) of each payment of salary received for services…

Sec. 12.5. (a) This section applies to reports, records, and contributions submitted after December 31, 2011, under this chapter. (b) As used in this section, "electronic funds transfer" has the meaning set forth in IC 4-8.1-2-7(f). (c) The state shall submit through the use of e…

Sec. 13. (a) A participant who: (1) ceases service in a position described in section 8 of this chapter, other than by death or disability; and (2) is not eligible for a retirement benefit under this chapter; is entitled to withdraw from the fund, beginning on the date specified …

Sec. 14. (a) Interest shall be credited at least annually on or before June 30 at a rate specified by rule by the board on all amounts credited to the member as of June 30 of the preceding year. (b) Contributions begin to accumulate interest at the beginning of the fiscal year af…