CHAPTER 3. JUDGES
IC 33-30-3
Chapter 3. Judges
IC 33-30-3-1
Age qualification
Sec. 1. A person may not run for judge of a county court if the
person will be at least seventy (70) years of age before the person
begins the person's term of office. The chief justice of the state may
authorize a retired judge due to age to perform temporary judicial
duties in a county court.
As added by P.L.98-2004, SEC.9.
IC 33-30-3-2
General qualifications
Sec. 2. To be eligible to serve as a county court judge, a person
must:
(1) meet the qualifications prescribed by IC 3-8-1-18; and
(2) be a resident of the county that the county court judge
serves.
As added by P.L.98-2004, SEC.9.
IC 33-30-3-3
Election
Sec. 3. (a) The number of county court judges required by
IC 33-30-2 shall be elected under IC 3-10-2-11 by the voters of each
county or by the voters of two (2) counties if a judge is required to
serve two (2) counties. The term of office of a county court judge is
six (6) years, beginning on January 1 after election and continuing
until a successor is elected and qualified.
(b) In any county for which IC 33-30-2 provides more than one (1)
judge of the county court, the county election board shall assign a
number to each division of the court. After the assignment, any
candidate for judge of the county court must file a declaration of
candidacy under IC 3-8-2 or petition of nomination under IC 3-8-6
for one (1) specified division of the court. Each division of the court
shall be listed separately on the election ballot in the form prescribed
by IC 3-10-1-19 and IC 3-11.
As added by P.L.98-2004, SEC.9. Amended by P.L.58-2005, SEC.32.
IC 33-30-3-4
Judicial duties; practice of law
Sec. 4. A judge of a county court:
(1) shall devote full time to the judge's judicial duties; and
(2) may not engage in the practice of law.
As added by P.L.98-2004, SEC.9.
IC 33-30-3-5
Judge's schedule
Sec. 5. If a county court judge serves two (2) counties that
coincide with the boundaries of a joint judicial circuit, the county
court judge shall coordinate the judge's schedule with that of the
circuit court judge to ensure, as far as practicable, the location of a
full-time judge in each county.
As added by P.L.98-2004, SEC.9.
IC 33-30-3-6
Judicial conference of Indiana membership
Sec. 6. The judges of a county court shall be members of the
judicial conference of Indiana established by IC 33-38-9-3.
As added by P.L.98-2004, SEC.9.
IC 33-30-3-7
Judges' retirement fund participation
Sec. 7. Each judge of a county court shall be a participant in the
judges' retirement fund under IC 33-38.
As added by P.L.98-2004, SEC.9.
IC 33-30-3-8
Disqualification of judge
Sec. 8. A judge is disqualified from acting as a judicial officer,
without loss of salary, while there is pending:
(1) an indictment or information charging the judge in any court
in the United States with a crime punishable as a felony under
the laws of the state or the United States; or
(2) a recommendation to the supreme court by the commission
on judicial qualifications for the judge's removal or retirement.
As added by P.L.98-2004, SEC.9.
IC 33-30-3-9
Commission on judicial qualifications
Sec. 9. (a) The commission on judicial qualifications shall serve
as the commission on judicial qualifications for judges of the county
court.
(b) The procedures and practices provided by IC 33-38-13 for the
organization and operation of the commission on judicial
qualifications shall govern the practice and procedure in all
proceedings brought under this section.
As added by P.L.98-2004, SEC.9.
IC 33-30-3-10
Suspension of judge
Sec. 10. (a) On recommendation of the commission on judicial
qualifications or on a supreme court motion, the supreme court may
suspend a judge from office without salary when, in any court in the
United States, the judge:
(1) pleads guilty to;
(2) pleads no contest to; or
(3) is found guilty of;
a crime punishable as a felony under the laws of a state or the United
States or any crime that involves moral turpitude under the law.
(b) If the judge's conviction is reversed, the suspension terminates,
and the judge shall be paid the judge's salary for the period of
suspension.
(c) If the judge is suspended and the judge's conviction becomes
final, the supreme court shall remove the judge from office.
As added by P.L.98-2004, SEC.9.
IC 33-30-3-11
Retirement; censure; removal
Sec. 11. (a) On recommendation of the commission on judicial
qualifications, the supreme court may:
(1) retire a judge for a disability that seriously interferes with
the performance of the judge's duties and is or is likely to
become permanent; and
(2) censure or remove a judge for action occurring not more
than six (6) years before the commencement of the judge's
current term when the action constitutes:
(A) willful misconduct in office;
(B) willful and persistent failure to perform the judge's
duties;
(C) habitual intemperance; or
(D) conduct prejudicial to the administration of justice that
brings that judicial office into disrepute.
(b) Upon receipt by the supreme court of a recommendation, the
supreme court shall hold a hearing and make a required
determination. The judge is entitled to be present at the hearing.
(c) A judge retired by the supreme court is considered to have
retired voluntarily.
(d) A judge removed by the supreme court is ineligible for judicial
office and, pending further order of the court, is suspended from
practicing law in Indiana. A judge removed forfeits the judge's
interest in the judges' retirement system or to an annuity under that
law, except for the right of return of contributions made by the judge,
plus accrued interest.
As added by P.L.98-2004, SEC.9.
IC 33-30-3-12
Repealed
(Repealed by P.L.234-2007, SEC.220.)