Title 33, COURTS AND COURT OFFICERS

Sec. 11. Before assuming the duties of a judge, a judge must take an oath to: (1) faithfully perform the duties of the judge's office; and (2) support and defend to the best of the judge's ability the constitution and laws of Indiana and the United States. [Pre-2004 Recodificatio…

Sec. 12. (a) A judge shall: (1) furnish a bond in a sum required by the circuit court judge to provide for the: (A) faithful discharge of the duties of the office; and (B) payment or delivery to the proper persons of whatever money or other property may come into the judge's hand…

Sec. 13. (a) A judge shall procure a seal that will stamp upon paper a distinct impression of words and letters. The seal must contain the words "____________ Township of Marion County Small Claims Court" (insert the name of the township in the blank). (b) Deeds, mortgages, power…

Sec. 14. (a) The resignation of a judge shall be delivered to the clerk of the circuit court. The clerk shall advise the circuit court and appropriate township board. (b) A vacancy occurring in a judgeship must be filled under IC 3-13-10. [Pre-2004 Recodification Citation: 33-11.…

Sec. 2. A judge must meet the qualifications prescribed by IC 3-8-1-30. [Pre-2004 Recodification Citation: 33-11.6-3-2.] As added by P.L.98-2004, SEC.13.

Sec. 3. The term of office of a judge is four (4) years, beginning January 1 after election and continuing until a successor is: (1) elected; and (2) qualified. [Pre-2004 Recodification Citation: 33-11.6-3-4.] As added by P.L.98-2004, SEC.13.

Sec. 4. (a) The circuit court judge may establish a regular hourly schedule for the performance of duties by full-time or part-time township small claims courts and each judge shall maintain that schedule. (b) If the circuit court judge does not establish a regular hourly schedul…

Sec. 5. (a) The annual salary of a judge who is the judge of a full-time court is equal to seventy-five percent (75%) of the minimum salary paid by the state to the Marion County circuit court judge. (b) The salary of a judge may not be reduced during the judge's term of office. …

Sec. 6. (a) The annual salary of a judge shall be paid in twelve (12) equal monthly installments by the township trustee. (b) The judge may not receive remuneration other than a salary set under section 5 of this chapter for the performance of the judge's official duties except p…

Sec. 7. A judge serving full time: (1) shall devote full time to judicial duties; and (2) may not engage in the practice of law. [Pre-2004 Recodification Citation: 33-11.6-3-8.] As added by P.L.98-2004, SEC.13. Amended by P.L.170-2015, SEC.6; P.L.86-2018, SEC.231.

Sec. 8. The: (1) judge of a small claims court; and (2) employees of the court; may be eligible to participate in the public employees' retirement fund as provided in IC 5-10.3, but a judge is not eligible to participate as a member in the judges' retirement fund under IC 33-38. …

Sec. 9. (a) A vacation of one (1) month per year shall be provided for a judge who serves in a full-time capacity. (b) The circuit court judge may authorize the appointment of a judge pro tempore to handle the judicial business of the vacationing judge, if the circuit court judge…

Sec. 1. (a) A judge of a city or town court: (1) may adopt rules for conducting the business of the court; (2) has all powers incident to a court of record in relation to: (A) the attendance of witnesses; (B) the punishment of contempts; (C) the enforcement of its orders; and (D)…

Sec. 2. A judge of a city or town court shall provide, at the expense of the town or city, a seal for the court that must contain on the face the words: "(Town or City) Court of __________, Indiana.". A description of the seal, together with an impress of it, shall be put on the …

Sec. 3. A city court has the following jurisdiction over crimes, infractions, and ordinance violations: (1) Jurisdiction of all violations of the ordinances of the city. (2) Jurisdiction of all misdemeanors and all infractions. (3) If the city that established the city court has …

Sec. 4. A city court has concurrent jurisdiction with the circuit court in civil cases in which the amount in controversy does not exceed five hundred dollars ($500). However, the city court does not have jurisdiction in actions for: (1) slander; (2) libel; (3) foreclosure of mor…

Sec. 5. The city court of each of the five (5) cities having the largest populations and the town court of the town having the largest population in a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000) have concu…

Sec. 6. A city court in a third class city that is not a county seat and to which section 5 of this chapter does not apply has concurrent jurisdiction with the circuit court in civil cases in which the amount in controversy does not exceed three thousand dollars ($3,000). However…

Sec. 6.5. A city court in a city having a population of more than ten thousand four hundred (10,400) and less than eleven thousand (11,000) has concurrent jurisdiction with the circuit court in civil cases in which the amount in controversy does not exceed one thousand five hundr…

Sec. 7. If in a proceeding in a city court the title to land is put in issue by plea supported by affidavit, or manifestly appears from the proof on trial to be in issue, the court shall, without further proceeding, certify the case and papers to the circuit or other court having…

Sec. 8. (a) A town court has exclusive jurisdiction of all violations of the ordinances of the town. (b) A town court also has jurisdiction of all misdemeanors and all infractions. (c) If the town that established the town court has entered into an interlocal agreement described …

Sec. 1. The legislative body of a municipal corporation may establish, by ordinance or code, an ordinance violations bureau. Upon the creation of a bureau, the legislative body shall provide for the appointment of a violations clerk (who may be the clerk or clerk-treasurer of the…

Sec. 2. If the legislative body does not establish an ordinance violations bureau under section 1 of this chapter, the clerk or clerk-treasurer of the municipal corporation is designated the violations clerk for purposes of this chapter. [Pre-2004 Recodification Citation: 33-6-3-…

Sec. 3. The violations clerk may accept: (1) written appearances; (2) waivers of trial; (3) admissions of violations; and (4) payment of civil penalties up to a specific dollar amount set forth in an ordinance adopted by the legislative body, but not more than two hundred fifty d…

Sec. 4. A city or town that has not established a court under IC 33-35-1 or an ordinance violations bureau under this chapter may enter into an interlocal agreement under IC 36-1-7 with a municipal corporation that: (1) has established an ordinance violations bureau under this ch…

Sec. 5. A county may enter into an interlocal agreement under IC 36-1-7 with a city or town within the county for: (1) use of the city or town's ordinance violations bureau; or (2) use of the city or town's court if the city or town has established a court under IC 33-35; to hear…

Sec. 1. This chapter applies in criminal actions. [Pre-2004 Recodification Citation: 33-19-2-1.] As added by P.L.98-2004, SEC.16.

Sec. 2. (a) Costs in a criminal action are not a part of the sentence and may be suspended only under section 3 of this chapter. However, if: (1) two (2) or more charges against a person are joined for trial; and (2) the person is convicted of two (2) or more offenses in the tria…

Sec. 3. (a) Except as provided in subsection (b), when the court imposes costs, it shall conduct a hearing to determine whether the convicted person is indigent. If the person is not indigent, the court shall order the person to pay: (1) the entire amount of the costs at the time…

Sec. 4. (a) The state shall pay all costs of trial in a prosecution for an offense committed: (1) by an inmate of a state correctional facility; and (2) in the county in which the correctional facility is located. (b) The costs of trial to be paid under this section include: (1) …

Sec. 5. The fees prescribed by IC 33-37-4-1 are costs and may be collected from a defendant against whom a conviction is entered. A fine or penalty imposed is in addition to costs. [Pre-2004 Recodification Citation: 33-19-2-5.] As added by P.L.98-2004, SEC.16.

Sec. 1. The judge of the circuit, superior, criminal, probate, and juvenile courts in each county having a population of at least thirty-five thousand (35,000) shall appoint a bailiff and may appoint a riding bailiff for the judge's court, whose per diem shall be fixed by the cou…

Sec. 2. In counties having a population of less than thirty-five thousand (35,000), the judge of the circuit court may appoint a bailiff. However, if a bailiff is not appointed, the sheriff of the county shall perform the duties of the bailiff. [Pre-2004 Recodification Citation: …

Sec. 1. A prosecuting attorney or deputy prosecuting attorney may: (1) take acknowledgments of deeds or other instruments in writing; (2) administer oaths; (3) protest notes and checks; (4) take the deposition of a witness; (5) take and certify affidavits and depositions; and (6)…

Sec. 3. A prosecuting attorney or deputy prosecuting attorney who performs any of the acts set forth in section 1 of this chapter shall, at the time of signing a certificate of acknowledgment of a deed, mortgage, other instrument, jurat, or other official document, append to the …

Sec. 4. A prosecuting attorney or deputy prosecuting attorney who performs an act under this chapter is entitled to the same fees as those charged by notaries public. If an act committed by a notary public would be a violation of the law, the act is a violation of the law if comm…

Sec. 5. A prosecuting attorney or a deputy prosecuting attorney may administer all oaths that are convenient and necessary to be administered in the discharge of their official duties. An oath under this section shall be administered without any charge or expense. [Pre-2004 Recod…

Sec. 7. (a) A prosecuting attorney may establish and administer a youth mentoring program. (b) To establish or administer a youth mentoring program described in subsection (a), a prosecuting attorney may: (1) establish and administer an organization that is exempt from federal in…

Sec. 1. (a) Upon a determination by the judge of any court having criminal jurisdiction that: (1) the court is unable within a reasonable time to appoint an available attorney, public defender or otherwise, who is competent in the practice of law in criminal cases as legal counse…

Sec. 2. Upon receiving a written request under section 1 of this chapter, the state public defender shall: (1) accept appointment himself or herself; (2) appoint any of the state public defender's deputies; or (3) appoint any practicing attorney: (A) admitted to the practice of l…

Sec. 3. (a) The state public defender shall prepare and maintain a schedule of minimum attorney's fees for all general classifications of criminal trials, and proceedings on plea of guilty, subject to the approval of the supreme court. The schedule shall be furnished upon request…

Sec. 4. All fees for services rendered by the state public defender or any of the state public defender's deputies under this chapter shall be paid directly to the state treasurer, to be expended for any necessary expenses of the office of the state public defender, including sal…

Sec. 5. The judge of a court having criminal jurisdiction shall make all orders necessary to mandate payment of fees approved by the presiding judge for payment for legal services rendered for indigent defendants in any cause in: (1) the court; or (2) another court following chan…

Sec. 6. (a) A public defender may use a public defender investigator who is qualified under subsection (b) to assist the public defender in preparing for the criminal defense of indigent persons. (b) To practice as a public defender investigator, an individual must: (1) be at lea…

Sec. 1. As used in this chapter, "census" means the last preceding United States federal decennial census. [Pre-2004 Recodification Citation: 33-15-26-1.] As added by P.L.98-2004, SEC.20.

Sec. 10. (a) The nine (9) classes of counties as set out in this chapter are based on a unit factor system. The factors are determined by the relation of the county to the state as established and certified to each county auditor by the state board of accounts not later than July…