Title 33, COURTS AND COURT OFFICERS

Sec. 13. (a) The St. Joseph superior court shall hold its sessions in: (1) the St. Joseph County courthouse in South Bend; and (2) at least one (1) appropriate place in Mishawaka. The superior court in Mishawaka shall be full time and shall exercise full superior court jurisdicti…

Sec. 14. The clerk, under the direction of the judge, shall provide order books, judgment dockets, execution dockets, fee books, and other books, papers, and records as necessary for the court, and all books, papers, and proceedings of the superior court shall be kept distinct an…

Sec. 15. The superior court shall maintain a single order book for the entire court that may be signed on behalf of the court by any of the sitting judges of the court, and the signature constitutes authentication of the actions of each judge in the court. [Pre-2004 Recodificatio…

Sec. 16. Each judge of the superior court shall appoint a bailiff for the court whose salary shall be fixed by the court and paid as provided by law. [Pre-2004 Recodification Citation: 33-5-40-15.] As added by P.L.98-2004, SEC.12.

Sec. 17. Each judge of the superior court shall appoint a court reporter whose duties, salary, and term shall be regulated in the same manner as the court reporter of circuit court. [Pre-2004 Recodification Citation: 33-5-40-16.] As added by P.L.98-2004, SEC.12.

Sec. 18. All laws and rules adopted by the supreme court governing the circuit court in matters of pleading, practice, the issuing and service of process, the giving of notice, the appointment of judges pro tempore and special judges, changes of venue from the judge and from the …

Sec. 2. St. Joseph County constitutes the sixtieth judicial circuit. [Pre-2004 Recodification Citation: 33-4-1-75.] As added by P.L.98-2004, SEC.12.

Sec. 20. Any party may appeal to the supreme court or the court of appeals from any order or judgment of the superior court in any case where, under Indiana law, an appeal may be had from a similar order or judgment of the circuit court. The appeal is governed by the law governin…

Sec. 21. The process of the superior court must have the seal affixed. The process must be attested, directed, served, returned, and in the form as is provided for process issuing from the circuit court. [Pre-2004 Recodification Citation: 33-5-40-21.] As added by P.L.98-2004, SEC…

Sec. 22. Each judge of the superior court may appoint additional officers and personnel as necessary for the proper administration of the judge's duties as judge of the court. [Pre-2004 Recodification Citation: 33-5-40-22.] As added by P.L.98-2004, SEC.12.

Sec. 23. (a) The superior court, by rules duly adopted by the court, shall designate one (1) of the judges as chief judge and fix the time the chief judge presides. (b) The chief judge shall be responsible for the operation and conduct of the court and to seeing that the court op…

Sec. 24. When any action of the entire superior court is required, the judges of the court shall act in concert. If there is a disagreement, the decision of the majority of the judges controls. However, if the judges are evenly divided, the decision joined by the chief judge cont…

Sec. 25. The superior court shall, when it believes it is necessary, appoint additional personnel for the proper administration of the court, including an administrative officer who shall operate under the jurisdiction of the chief judge. [Pre-2004 Recodification Citation: 33-5-4…

Sec. 26. The judge of the circuit court may, with the consent of the chief judge, 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 …

Sec. 27. The chief judge of the superior court may, with the consent of the judge of the 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,…

Sec. 28. The judge of the St. Joseph circuit court at the circuit court judge's discretion, may sit as a judge of the superior court, with the chief judge's permission, in all matters pending before the superior court, without limitation and without any further order, in the same…

Sec. 29. (a) There is established a judicial nominating commission for the St. Joseph superior court, the functions, responsibilities, and procedures of which are set forth in sections 30 through 40 of this chapter. (b) The board of county commissioners of St. Joseph County shall…

Sec. 3. (a) The judge of the St. Joseph circuit court may appoint three (3) full-time magistrates under IC 33-23-5 to serve the circuit court. (b) A magistrate continues in office until removed by the judge. [Pre-2004 Recodification Citation: 33-4-1-75.1.] As added by P.L.98-2004…

Sec. 30. (a) The judicial nominating commission (referred to as the "commission" in this chapter) consists of seven (7) voting members, the majority of whom shall form a quorum. The: (1) governor shall appoint three (3) voting members to the commission: (A) one (1) of whom must b…

Sec. 31. (a) Members appointed to the commission by the St. Joseph County board of commissioners shall be made by a majority vote of the St. Joseph County board of commissioners. If a vacancy occurs on the commission among the members appointed by the St. Joseph County board of c…

Sec. 34. After: (1) the voting members of the commission have been appointed by the governor; and (2) the names of the voting commissioners appointed by the St. Joseph County board of commissioners have been certified to the secretary of state, clerk of the supreme court, and the…

Sec. 35. A person who has been appointed to a full four (4) year term upon the commission may not succeed himself or herself or be eligible for appointment to the commission for four (4) years after the expiration of the term to which the person was appointed. [Pre-2004 Recodific…

Sec. 36. (a) When a vacancy occurs in the St. Joseph superior court, the clerk of the court shall promptly notify the chairperson of the commission of the vacancy. The chairperson shall call a meeting of the commission within ten (10) days following this notice. The commission sh…

Sec. 37. (a) The commission shall submit only the names of the five (5) most highly qualified candidates from among those eligible individuals considered. To be eligible for nomination as a judge of the St. Joseph superior court, a person must be domiciled in the county of St. Jo…

Sec. 38. The commission shall submit with the list of five (5) nominees to the governor its written evaluation of the qualifications of each candidate, and the names and written evaluations shall be publicly disclosed. Every eligible candidate whose name was not submitted to the …

Sec. 39. (a) After the commission has nominated and submitted to the governor the names of five (5) persons for appointment to fill a vacancy of the St. Joseph superior court: (1) any name may be withdrawn for a cause considered by the commission to be of a substantial nature aff…

Sec. 40. (a) A vacancy occurring in the St. Joseph superior court shall be filled by appointment of the governor from a list of nominees presented to the governor by the judicial nominating commission. If the governor fails to make an appointment from the list within sixty (60) d…

Sec. 41. An appointment by the governor, chief justice, or acting chief justice, as required by section 40 of this chapter, to the St. Joseph County superior court shall take effect immediately if a vacancy exists at the date of the appointment. The appointment shall take effect …

Sec. 42. (a) Each judge appointed serves an initial term that begins on the effective date of the judge's appointment and continues through December 31 in the year of the general election that follows the expiration of two (2) years after the effective date of the judge's appoint…

Sec. 43. (a) The question of the retention in office or rejection of each judge of the St. Joseph superior court shall be submitted to the electorate of St. Joseph County at the general election immediately preceding expiration of the term of that judge. (b) A judge who wishes to…

Sec. 44. (a) During a term of office, a judge of the St. Joseph superior court may not engage in the practice of law, run for an elective office other than a judicial office, or directly or indirectly make any contributions to or hold any office in a political party or organizati…

Sec. 45. There is established a commission on judicial qualifications for the St. Joseph superior court, whose membership is the same as that of the judicial nominating commission under section 29 of this chapter. The commission on judicial qualifications may employ special couns…

Sec. 46. (a) On recommendation of the commission on judicial qualifications, the supreme court may suspend a judge of the St. Joseph superior court from office without salary when in any court in the United States the judge enters a plea of guilty or nolo contendere to, or is fou…

Sec. 47. (a) The commission on judicial qualifications shall meet periodically as necessary to discharge its statutory responsibilities. Meetings of the commission on judicial qualifications shall be called in the same manner as prescribed for the judicial nominating commission. …

Sec. 48. (a) All papers filed with and proceedings had before the commission on judicial qualifications before the institution of formal proceedings are confidential unless the judge against whom a complaint has been filed elects to have the information divulged or unless the com…

Sec. 49. The filing of papers with or the giving of testimony before the commission on judicial qualifications under this chapter are absolutely privileged in any action for defamation. [Pre-2004 Recodification Citation: 33-5-40-53.] As added by P.L.98-2004, SEC.12.

Sec. 5. There is established a superior court in St. Joseph County. The court consists of eight (8) judges. [Pre-2004 Recodification Citation: 33-5-40-1.] As added by P.L.98-2004, SEC.12.

Sec. 50. Complaints directed to the commission on judicial qualifications do not have to be in writing. A specified form of complaint may be required if presented in writing. [Pre-2004 Recodification Citation: 33-5-40-54.] As added by P.L.98-2004, SEC.12.

Sec. 51. (a) Any citizen of Indiana may complain to the commission on judicial qualifications with reference to the activities, fitness, or qualifications of any judge of the St. Joseph superior court. Upon receiving a complaint or request, the commission on judicial qualificatio…

Sec. 52. (a) After the investigation is completed and if the commission on judicial qualifications concludes that formal proceedings should be instituted, the commission shall give written notice to the judge advising the judge of the institution of formal proceedings to inquire …

Sec. 53. Within twenty (20) days after service of the notice of formal proceedings, the judge may file with the commission on judicial qualifications a signed original and one (1) copy of an answer, and shall serve a copy on the counsel by mail. [Pre-2004 Recodification Citation:…

Sec. 54. Upon filing an answer or upon the expiration of the time for its filing, the commission on judicial qualifications shall order a hearing to be held before it concerning the discipline, retirement, or removal of the judge. The commission on judicial qualifications shall s…

Sec. 55. (a) At the date, time, and place set for hearing, the commission on judicial qualifications may proceed with the hearing whether or not the judge has filed an answer or appears at the hearing. (b) The failure of the judge to answer or to appear at the hearing, standing a…

Sec. 56. At a hearing before the commission on judicial qualifications the evidentiary rules of the courts of Indiana apply. [Pre-2004 Recodification Citation: 33-5-40-60.] As added by P.L.98-2004, SEC.12.

Sec. 57. (a) In formal proceedings involving the judge's discipline, retirement, or removal, a judge has the right and reasonable opportunity to defend against the charges by the introduction of evidence, to be represented by counsel, and to examine and cross-examine witnesses. T…

Sec. 58. At any time before determination of the issues, the commission on judicial qualifications may allow or require amendments to the notice of formal proceedings and may allow amendments to the answer. The notice may be amended to conform to proof or to set forth additional …