CHAPTER 5. SUPREME COURT SHERIFF
IC 33-24-5
Chapter 5. Supreme Court Sheriff
IC 33-24-5-1
Appointment; bond; term of office; vacancies
Sec. 1. (a) On the second Monday of January in each
odd-numbered year, the supreme court shall appoint a sheriff.
(b) The sheriff of the supreme court must give bond in the sum of
five thousand dollars ($5,000), with sureties to be approved by the
court.
(c) The term of the sheriff's office is two (2) years.
(d) When a vacancy in the sheriff's office occurs in vacation, any
two (2) of the justices of the court may appoint a sheriff to serve
until the next term of the court, when the vacancy shall be filled by
a vote of a majority of the court's justices.
As added by P.L.98-2004, SEC.3.
IC 33-24-5-2
Attendance of court; executing orders and process of court
Sec. 2. (a) Except as provided in subsection (b), the sheriff of the
supreme court or a county police officer shall:
(1) attend the court in term time;
(2) execute the orders of the court;
(3) preserve order within the court;
(4) execute all process issued out of the court; and
(5) execute all civil process issued out of the court.
(b) This subsection applies only if a consolidated law enforcement
department is established under IC 36-3-1-5.1. The ordinance
adopted by the legislative body of the consolidated city shall
determine whether:
(1) the orders of the court; and
(2) all criminal process issued out of the court;
shall be executed by an officer of the sheriff's department or an
officer of the consolidated law enforcement department.
As added by P.L.98-2004, SEC.3. Amended by P.L.227-2005,
SEC.10; P.L.1-2006, SEC.502.
IC 33-24-5-3
Transmitting process, rule, or order to county sheriff
Sec. 3. (a) When any process, rule, or order, is received by the
sheriff of the supreme court, the sheriff may transmit it by mail to the
sheriff of the county where the process, rule, or order is to be served.
(b) The sheriffs of each county are the deputies of the sheriff of
the supreme court. However, each county sheriff is liable on the
county sheriff's own bond for all acts done by the county sheriff as
a deputy of the sheriff of the supreme court.
As added by P.L.98-2004, SEC.3.
IC 33-24-5-4
County sheriff returning process, rule, or order; service by sheriff
of supreme court
Sec. 4. (a) A county sheriff acting as a deputy of the sheriff of the
supreme court may:
(1) enclose any process, rule, or order of the court that the
county sheriff receives;
(2) direct the process, rule, or order to the sheriff of the supreme
court; and
(3) deposit the process, rule, or order in a post office in the
county sheriff's county ten (10) days before the return day of the
process, rule, or order.
A county sheriff that complies with this subsection is not liable for
failing to return the process, rule, or order.
(b) If money must be returned with a process, rule, or order
described in subsection (a), the county sheriff may transmit the
money by mail, enclosed with the process, rule, or order, addressed
to the sheriff of the supreme court. However, the testimony of the
postmaster that the payment was mailed is necessary to exempt the
county sheriff from liability.
(c) In case of the return of any process, rule, or order of the court
described in subsection (a) by any county sheriff, unserved or
unsatisfied, the sheriff of the supreme court may visit any county and
personally serve the process, rule, or order in the same manner
provided by law for the service by county sheriffs. For this service,
the sheriff of the supreme court is entitled to receive, for the distance
actually traveled in going to and returning from the county seat of the
county where the process, rule, or order is to be served, and from the
county seat to the place where the process, rule, or order is served,
a sum for mileage for each instance equal to the sum per mile paid to
state employees and officers plus those other fees allowed by law to
county sheriffs, with the rate for mileage to change each time the
state government changes its rate per mile. The sum for mileage and
fees shall be imposed as costs in the case in which the process, rule,
or order is issued, and shall be collected as other costs.
As added by P.L.98-2004, SEC.3.
IC 33-24-5-5
Mileage and fees for service of process, rule, or order
Sec. 5. (a) The mileage and fees for service of any process, rule,
or order issued out of the supreme court is the same as in case of
similar process from the circuit court.
(b) When any process, rule, or order issued out of the supreme
court is served by the county sheriff, the county sheriff is allowed the
fees for mileage and one half (1/2) of the fees for service. The
remaining half of the fees for service shall be paid the sheriff of the
supreme court.
(c) Fees for mileage may be charged only from the county seat of
the county in which the process is to be served to the place of
service.
(d) When money is collected on any process, rule, or order issued
out of the supreme court by the county sheriff, two-thirds (2/3) of the
sheriff's allowance is retained by the county sheriff and the
remaining one-third (1/3) must be delivered to the sheriff of the
supreme court.
As added by P.L.98-2004, SEC.3.
IC 33-24-5-6
Postage on process, rules, or orders
Sec. 6. The sheriff of the supreme court must pay both the
outgoing and return postage on process, rules, or orders issued by the
court and recover the funds expended on postage as part of the costs
of the proceeding.
As added by P.L.98-2004, SEC.3.
IC 33-24-5-7
Coroner to act as deputy
Sec. 7. The sheriff of the supreme court may require the coroner
of any county to act as the sheriff of the supreme court's deputy
where the sheriff of that county is an interested party.
As added by P.L.98-2004, SEC.3.
IC 33-24-5-8
Penalties and liabilities
Sec. 8. The sheriff of the supreme court is subject to all the
penalties and liabilities of sheriffs of the circuit courts.
As added by P.L.98-2004, SEC.3.
IC 33-24-5-9
Compensation for fuel, stationery, and extra services
Sec. 9. (a) The supreme court must allow the sheriff of the
supreme court reasonable compensation for fuel, stationery, and
extra services. The sheriff of the supreme court may file a statement
verified by an oath administered by the clerk of the court specifying
each expenditure eligible for compensation.
(b) The compensation allowed to the sheriff of the supreme court
by the court shall be entered on the order book of the court. On the
presentation of a certified copy of an order for compensation,
attested with the seal of the court, to the auditor of state, the auditor
of state shall issue a warrant for the payment of compensation to the
sheriff to the treasurer of state.
As added by P.L.98-2004, SEC.3.