CHAPTER 18. DELAWARE COUNTY
IC 33-33-18
Chapter 18. Delaware County
IC 33-33-18-1
Judicial circuit
Sec. 1. Delaware County constitutes the forty-sixth judicial
circuit.
As added by P.L.98-2004, SEC.12.
IC 33-33-18-2
Jurisdiction; dockets
Sec. 2. (a) The Delaware circuit court is a court of general
jurisdiction with five (5) judges. The divisions of the court shall be
known as Delaware circuit court No. 1, No. 2, No. 3, No. 4, and No.
5. The county of Delaware constitutes the judicial district of the
court and each of the court's divisions. The court shall maintain the
following dockets:
(1) Small claims.
(2) Minor offenses and violations.
(3) Criminal.
(4) Juvenile.
(5) Civil.
(6) Probate.
(b) The assignment of judges of the court to the dockets specified
in subsection (a) shall be by rule of the court. However, Delaware
circuit court No. 4 and Delaware circuit court No. 5 shall each have
a standard small claims and misdemeanor docket.
As added by P.L.98-2004, SEC.12.
IC 33-33-18-3
Presiding judge
Sec. 3. The judges of the Delaware circuit court shall select from
among themselves a presiding judge of the court. The presiding
judge shall be selected for a minimum term of twelve (12) months.
As added by P.L.98-2004, SEC.12.
IC 33-33-18-4
Concerted action of judges; majority rule
Sec. 4. When action of the entire court is required, including
selection of a presiding judge under section 3 of this chapter and
adoption of rules under section 6 of this chapter, the judges of the
court shall act in concert. If the judges disagree, the decision of the
majority of the judges controls.
As added by P.L.98-2004, SEC.12.
IC 33-33-18-5
Presiding judge; duties
Sec. 5. In accordance with rules adopted by the judges of the
Delaware circuit court under section 6 of this chapter, the presiding
judge shall do the following:
(1) Ensure that the court operates efficiently and judicially.
(2) Annually submit to the fiscal body of Delaware County a
budget for the court, including amounts necessary for the
following:
(A) Operation of the Delaware circuit court's probation
department.
(B) Defense of indigents.
(C) Maintenance of an adequate law library.
(3) Make appointments or selections required of a circuit or
superior court judge.
As added by P.L.98-2004, SEC.12.
IC 33-33-18-6
Rules for administration of court
Sec. 6. (a) The judges of the Delaware circuit court shall adopt
rules to provide for the administration of the court, including rules
governing the following:
(1) Allocation of case load.
(2) Legal representation for indigents.
(3) Budgetary matters of the court.
(4) Operation of the probation department.
(5) Term of administration of the presiding judge.
(6) Employment and management of court personnel.
(7) Cooperative efforts with other courts for establishing and
administering shared programs and facilities.
(b) The court shall file with the division of state court
administration a copy of the rules adopted under this section.
As added by P.L.98-2004, SEC.12.
IC 33-33-18-7
Personnel
Sec. 7. (a) Each judge of the Delaware circuit court may, subject
to the budget approved for the court by the fiscal body of Delaware
County, employ personnel necessary for the proper administration of
the judge's docket.
(b) Personnel employed under this section:
(1) include court reporters, bailiffs, clerical staff, and any
additional officers necessary for the proper administration of
the court; and
(2) are subject to the rules concerning employment and
management of court personnel adopted by the court under
section 6 of this chapter.
(c) A commissioner is entitled to practice law in any division of
the court in which the commissioner does not have appointive
judicial authority. A commissioner has judicial authority only in the
division of the court presided over by the judge who appointed the
commissioner.
As added by P.L.98-2004, SEC.12.
IC 33-33-18-8
Court administrator
Sec. 8. (a) The Delaware circuit court may appoint a court
administrator subject to the budget approved for the court by the
fiscal body of Delaware County.
(b) A court administrator appointed under this section is subject
to the rules concerning employment and management of court
personnel adopted by the court under section 6 of this chapter.
As added by P.L.98-2004, SEC.12.