Title 33, COURTS AND COURT OFFICERS

Sec. 4. (a) The clerk shall collect a civil costs fee of one hundred dollars ($100) from a party filing a civil action. This subsection does not apply to the following civil actions: (1) Proceedings to enforce a statute defining an infraction under IC 34-28-5 (or IC 34-4-32 befor…

Sec. 6. (a) For each small claims action, the clerk shall collect the following fees: (1) From the party filing the action: (A) a small claims costs fee of thirty-five dollars ($35); (B) a small claims service fee of ten dollars ($10) for each named defendant that is not a garnis…

Sec. 7. (a) Except as provided under subsection (c), the clerk shall collect from the party filing the action a probate costs fee of one hundred twenty dollars ($120) for each action filed under any of the following: (1) IC 29 (probate). (2) IC 30 (trusts and fiduciaries). (b) In…

Sec. 8. (a) This section applies in all actions listed in sections 4, 6, and 7 of this chapter. (b) In an action in which there has been or will be a change of venue or transfer from one (1) county to another, the clerk of the court from which the action is transferred shall coll…

Sec. 9. The clerk is not required to show on each receipt for court costs collected the proration of court costs: (1) remitted to the state comptroller, the county auditor, and the municipality as specified in IC 33-37-7; or (2) collected for any funds specified in IC 33-37-5. [P…

Sec. 1. The judge of the circuit court in a county having a population of at least four hundred thousand (400,000) may appoint a chief clerk for the court. [Pre-2004 Recodification Citation: 33-13-6-1.] As added by P.L.98-2004, SEC.17.

Sec. 2. The salary for the chief clerk: (1) shall be fixed by the judge of the court; (2) may not be more than four thousand eight hundred dollars ($4,800) per year; and (3) shall be paid in monthly installments from the county treasury of the county in which the court is located…

Sec. 3. The chief clerk may administer oaths that are convenient or necessary to be administered in the discharge of the clerk's duties, for which there is no charge or expense incurred. [Pre-2004 Recodification Citation: 33-13-6-1.] As added by P.L.98-2004, SEC.17.

Sec. 4. The chief clerk must be: (1) a graduate of an approved law school; and (2) admitted to the practice of law in Indiana. [Pre-2004 Recodification Citation: 33-13-6-1.] As added by P.L.98-2004, SEC.17.

Sec. 5. The county council of the county shall appropriate the money requested by the presiding judge of the circuit court for payment of the salary of the chief clerk, not exceeding the maximum amount of salary provided for by this section. [Pre-2004 Recodification Citation: 33-…

Sec. 1. (a) The prosecuting attorney of any judicial circuit of Indiana may appoint an employee, including an investigator, with the approval of the county council or councils. An employee appointed under this section works under the direction of the prosecuting attorney. (b) An …

Sec. 2. (a) If the place of trial for commission of an offense, as determined under IC 35-32-2-1, would potentially require a choice between or among counties, the coroner and law enforcement officers of the county where the offense is discovered have jurisdiction to investigate …

Sec. 1. As used in this chapter, "council" refers to the public defender council of Indiana established by section 2 of this chapter. [2004 Recodification Citation: New.] As added by P.L.98-2004, SEC.19.

Sec. 2. (a) There is established a public defender council of Indiana. (b) The council's membership consists of all: (1) public defenders; (2) contractual pauper counsel; and (3) other court appointed attorneys regularly appointed to represent indigent defendants. [Pre-2004 Recod…

Sec. 3. The activities of the council shall be directed by an eleven (11) member board of directors, ten (10) of whom shall be elected by the entire membership of the council, and the state public defender. [Pre-2004 Recodification Citation: 33-9-12-2.] As added by P.L.98-2004, S…

Sec. 4. The council may employ an executive director, staff, and clerical personnel as necessary to carry out the council's purposes. [Pre-2004 Recodification Citation: 33-9-12-3.] As added by P.L.98-2004, SEC.19.

Sec. 5. The council shall: (1) assist in the coordination of the duties of the attorneys engaged in the defense of indigents at public expense; (2) prepare manuals of procedure; (3) assist in the preparation of trial briefs, forms, and instructions; (4) conduct research and studi…

Sec. 1. An attorney practicing law in a court of record in Indiana may hold a lien for the attorney's fees on a judgment rendered in favor of a person employing the attorney to obtain the judgment. [Pre-2004 Recodification Citation: 33-1-3-1.] As added by P.L.98-2004, SEC.22.

Sec. 2. (a) An attorney, not later than sixty (60) days after the date the judgment is rendered, must enter in writing upon the docket or record in which the judgment is recorded, the attorney's intention to hold a lien on the judgment, along with the amount of the attorney's cla…

Sec. 1. The Indiana attorney trust account board is established. [Pre-2004 Recodification Citation: 33-20-4-1.] As added by P.L.98-2004, SEC.23.

Sec. 10. The term of a chairperson begins January 1 following the chairperson's appointment under section 9 of this chapter. [Pre-2004 Recodification Citation: 33-20-4-10.] As added by P.L.98-2004, SEC.23.

Sec. 11. A member of the board who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is also entitled to reimbursement for travel expenses and other expenses actually incurred in connection with the member's duties, as pr…

Sec. 12. A member of the board who is a state employee is entitled to reimbursement for travel expenses and other expenses actually incurred in connection with the member's duties, as provided by the state travel policies and procedures established by the Indiana department of ad…

Sec. 13. The board shall administer the fund in accordance with IC 33-44-7. [Pre-2004 Recodification Citation: 33-20-4-13.] As added by P.L.98-2004, SEC.23.

Sec. 14. The board may receive, hold, and manage property. [Pre-2004 Recodification Citation: 33-20-4-14.] As added by P.L.98-2004, SEC.23.

Sec. 15. The board may adopt rules under IC 4-22-2 to implement this article. [Pre-2004 Recodification Citation: 33-20-4-15.] As added by P.L.98-2004, SEC.23.

Sec. 16. The board shall develop programs to: (1) educate attorneys and depository financial institutions concerning this article; and (2) encourage attorneys to create and maintain interest bearing attorney trust accounts. [Pre-2004 Recodification Citation: 33-20-4-16.] As added…

Sec. 2. The board consists of eleven (11) members. [Pre-2004 Recodification Citation: 33-20-4-2.] As added by P.L.98-2004, SEC.23.

Sec. 3. The chief justice of the supreme court shall appoint six (6) members to the board. [Pre-2004 Recodification Citation: 33-20-4-3.] As added by P.L.98-2004, SEC.23.

Sec. 4. The following officials shall each appoint one (1) member to the board: (1) The governor. (2) The speaker of the house of representatives. (3) The minority leader of the house of representatives. (4) The president pro tempore of the senate. (5) The minority floor leader o…

Sec. 5. The chief justice shall consider the following factors as favorable in appointing a member under section 3 of this chapter: (1) Whether the individual is a dean of an Indiana law school. (2) Whether the individual is a director or board member of an Indiana legal services…

Sec. 6. Not more than four (4) of the members appointed by the chief justice may be members of the same political party. [Pre-2004 Recodification Citation: 33-20-4-6.] As added by P.L.98-2004, SEC.23.

Sec. 7. A member of the board serves a term of four (4) years. [Pre-2004 Recodification Citation: 33-20-4-7.] As added by P.L.98-2004, SEC.23.

Sec. 8. The appointing authority shall fill a vacancy on the board. [Pre-2004 Recodification Citation: 33-20-4-8.] As added by P.L.98-2004, SEC.23.

Sec. 9. The chief justice shall appoint a member of the board to serve as chairperson not later than December 1 of each year. [Pre-2004 Recodification Citation: 33-20-4-9.] As added by P.L.98-2004, SEC.23.

Sec. 1. This chapter applies to a court expressly authorized by statute to appoint a full-time magistrate. [Pre-2004 Recodification Citation: 33-4-7-1.] As added by P.L.98-2004, SEC.2.

Sec. 10. A magistrate is entitled to an annual salary equal to eighty percent (80%) of the salary of a judge under IC 33-38-5-6. [Pre-2004 Recodification Citation: 33-4-7-9.1.] As added by P.L.98-2004, SEC.2.

Sec. 11. Except as provided in section 12 of this chapter, the state shall pay the salary of a magistrate. A county located in the circuit that the magistrate serves may supplement the magistrate's salary. [Pre-2004 Recodification Citation: 33-4-7-10.] As added by P.L.98-2004, SE…

Sec. 12. The salary of a magistrate appointed under IC 31-31-3-2 shall be paid in accordance with IC 33-38-5-7. [Pre-2004 Recodification Citation: 33-4-7-11.] As added by P.L.98-2004, SEC.2.

Sec. 13. (a) Except as provided in subsection (b), a magistrate may: (1) participate in the public employees' retirement fund as provided in IC 5-10.3; or (2) elect to remain in the judges' retirement system under IC 33-38 if the magistrate had previously participated in the syst…

Sec. 2. A magistrate must be admitted to the practice of law in Indiana. [Pre-2004 Recodification Citation: 33-4-7-2.] As added by P.L.98-2004, SEC.2.

Sec. 3. A magistrate may not engage in the practice of law while holding the office of magistrate. [Pre-2004 Recodification Citation: 33-4-7-3.] As added by P.L.98-2004, SEC.2.

Sec. 4. The files of applicants for appointment as a magistrate, including the names of applicants, are confidential as provided in IC 5-14-3-4(b)(8). [Pre-2004 Recodification Citation: 33-4-7-3.5.] As added by P.L.98-2004, SEC.2.

Sec. 6. A magistrate may serve as a judge pro tempore or as a special judge of the court. A magistrate is not entitled to additional compensation for service under this section. [Pre-2004 Recodification Citation: 33-4-7-5.] As added by P.L.98-2004, SEC.2.

Sec. 7. The court may assign a magistrate administrative duties that are consistent with this chapter. [Pre-2004 Recodification Citation: 33-4-7-6.] As added by P.L.98-2004, SEC.2.

Sec. 8. A magistrate does not have the power of judicial mandate. [Pre-2004 Recodification Citation: 33-4-7-7.] As added by P.L.98-2004, SEC.2. Amended by P.L.127-2008, SEC.4; P.L.161-2018, SEC.47; P.L.266-2019, SEC.2.