CHAPTER 10. COMMISSION ON COURTS
IC 33-23-10
Chapter 10. Commission on Courts
IC 33-23-10-1
Establishment
Sec. 1. The commission on courts is established.
As added by P.L.98-2004, SEC.2.
IC 33-23-10-2
Members
Sec. 2. The commission on courts is composed of the following
thirteen (13) members:
(1) The chief justice of the supreme court or a representative
designated by the chief justice.
(2) Four (4) members from the house of representatives,
appointed by the speaker of the house of representatives, not
more than two (2) of whom are from the same political party.
(3) Four (4) members from the senate, appointed by the
president pro tempore of the senate, not more than two (2) of
whom are from the same political party.
(4) Two (2) members, not more than one (1) of whom is from
the same political party, appointed by the president pro tempore
of the senate as follows:
(A) One (1) member must be a sitting judge.
(B) One (1) member must be a county commissioner.
(5) Two (2) members, not more than one (1) of whom is from
the same political party, appointed by the speaker of the house
of representatives as follows:
(A) One (1) member must be a member of a county council.
(B) One (1) member must be a circuit court clerk.
As added by P.L.98-2004, SEC.2.
IC 33-23-10-3
Term of members
Sec. 3. Each appointed member of the commission on courts
serves for a term of four (4) years.
As added by P.L.98-2004, SEC.2.
IC 33-23-10-4
Chairperson and vice chairperson
Sec. 4. The chairman of the legislative council shall appoint the
chairperson and vice chairperson of the commission on courts from
among the legislative members of the commission. The chairperson
and vice chairperson:
(1) may not be members of the same political party;
(2) may not be from the same house of the general assembly;
and
(3) must be appointed from a different house of the general
assembly each year.
As added by P.L.98-2004, SEC.2.
IC 33-23-10-5
Compensation; expenses
Sec. 5. (a) Each member of the commission on courts 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 traveling expenses and other expenses actually incurred in
connection with the member's duties, as provided in the state travel
policies and procedures established by the Indiana department of
administration and approved by the budget agency.
(b) Each member of the commission who is a state employee but
who is not a member of the general assembly is entitled to
reimbursement for traveling expenses and other expenses actually
incurred in connection with the member's duties, as provided in the
state travel policies and procedures established by the Indiana
department of administration and approved by the budget agency.
(c) Each member of the commission who is a member of the
general assembly is entitled to receive the same per diem, mileage,
and travel allowances paid to members of the general assembly
serving on interim study committees established by the legislative
council.
As added by P.L.98-2004, SEC.2.
IC 33-23-10-6
Staff; administrative duties and functions
Sec. 6. (a) The legislative services agency shall employ necessary
staff to carry out the administrative duties and functions of the
commission on courts, including the following:
(1) Giving notices of commission meetings and other
communication services.
(2) Keeping records related to commission meetings,
proceedings, and actions.
(3) Preparing the report required under section 7 of this chapter.
(4) Providing the detailed investigation necessary for the
commission to fulfill the duties imposed under section 7 of this
chapter.
(5) Preparing draft proposals required under section 7 of this
chapter.
(b) The legislative services agency shall not expend more than
forty-eight thousand dollars ($48,000) per year to employ the staff
required under subsection (a).
As added by P.L.98-2004, SEC.2.
IC 33-23-10-7
Duties of commission
Sec. 7. The commission on courts shall do the following:
(1) Review and report on all requests for new courts or changes
in jurisdiction of existing courts. A request for review under
this subdivision must be received by the commission not later
than July 1 of each year. A request received after July 1 may not
be considered unless a majority of the commission members
agrees to consider the request.
(2) Conduct research concerning requests for new courts or
changes in jurisdiction of existing courts. The research may
include conducting surveys sampling members of the bar,
members of the judiciary, and local officials to determine needs
and problems.
(3) Conduct public hearings throughout Indiana concerning
requests for new courts or changes in jurisdiction of existing
courts. The commission shall hold at least one (1) public
hearing on each request presented to the commission.
(4) Review and report on any other matters relating to court
administration that the commission determines appropriate,
including the following:
(A) Court fees.
(B) Court personnel, except constables that have jurisdiction
in a county that contains a consolidated city.
(C) Salaries of court officers and personnel, except
constables that have jurisdiction in a county that contains a
consolidated city.
(D) Jury selection.
(E) Any other issues relating to the operation of the courts.
(5) Submit a report in an electronic format under IC 5-14-6
before November 1 of each year to the general assembly. The
report must include the following:
(A) A recommendation on all requests considered by the
commission during the preceding year for the creation of
new courts or changes in the jurisdiction of existing courts.
(B) If the commission recommends the creation of new
courts or changes in jurisdiction of existing courts, the
following:
(i) A draft of legislation implementing the changes.
(ii) A fiscal analysis of the cost to the state and local
governments of implementing recommended changes.
(iii) Summaries of any research supporting the
recommended changes.
(iv) Summaries of public hearings held concerning the
recommended changes.
(C) A recommendation on any issues considered by the
commission under subdivision (4).
As added by P.L.98-2004, SEC.2.
IC 33-23-10-8
Expiration of chapter
Sec. 8. This chapter expires June 30, 2011.
As added by P.L.98-2004, SEC.2. Amended by P.L.5-2007, SEC.1.