CHAPTER 49. MARION COUNTY
IC 33-33-49
Chapter 49. Marion County
IC 33-33-49-1
Application
Sec. 1. IC 33-29-1 does not apply to this chapter.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-2
Judicial district
Sec. 2. Marion County constitutes the nineteenth judicial circuit.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-3
"City-county council" defined
Sec. 3. As used in this chapter, "city-county council" refers to the
Indianapolis, Marion County city-county council.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-4
"Clerk" defined
Sec. 4. As used in this chapter, "clerk" refers to the clerk of the
Marion superior court.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-5
"Court" defined
Sec. 5. As used in this chapter, "court" refers to the Marion
superior court.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-6
Establishment; qualification of judges; residency
Sec. 6. (a) There is established a superior court in Marion County.
The court consists of:
(1) thirty-five (35) judges beginning January 1, 2007, and
ending December 31, 2008; and
(2) thirty-six (36) judges beginning January 1, 2009.
(b) To be qualified to serve as a judge of the court, a person must
be, at the time a declaration of candidacy or a petition of nomination
under IC 3-8-6 is filed:
(1) a resident of Marion County; and
(2) an attorney who has been admitted to the bar of Indiana for
at least five (5) years.
(c) During the term of office, a judge of the court must remain a
resident of Marion County.
As added by P.L.98-2004, SEC.12. Amended by P.L.80-2006,
SEC.12.
IC 33-33-49-7
Name
Sec. 7. The court must be named the Marion superior court.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-8
Seal
Sec. 8. The court must have a seal consisting of a circular disk
containing the words, "Marion Superior Court", "Indiana", and
"Seal", and a design as the court may determine, an impression of
which must be spread of record upon the order book of the court.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-9
Jurisdiction
Sec. 9. The court has the following jurisdiction:
(1) Concurrent and coextensive jurisdiction with the Marion
circuit court in all cases and upon all subject matters, including
civil, criminal, juvenile, probate, and statutory cases and
matters, whether original or appellate.
(2) Original and exclusive jurisdiction in all matters pertaining
to the following:
(A) The probate and settlement of decedents' estates, trusts,
and guardianships.
(B) The probate of wills.
(C) Proceedings to resist the probate of wills.
(D) Proceedings to contest wills.
(E) The appointment of guardians, assignees, executors,
administrators, and trustees.
(F) The administration and settlement of:
(i) estates of protected persons (as defined in
IC 29-3-1-13) and deceased persons;
(ii) trusts, assignments, adoptions, and surviving
partnerships; and
(iii) all other probate matters.
(3) Original jurisdiction of all violations of Indiana law.
Whenever jurisdiction is by law conferred on a small claims
court, the court has the appellate jurisdiction provided by law.
(4) Original and exclusive juvenile jurisdiction.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-10
Court of record; force and effect of judgments, decrees, and orders
Sec. 10. The court is a court of record. The court's judgments,
decrees, orders, and proceedings have the same effect and shall be
enforced in the same manner as those of the circuit court.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-11
Power and authority; removal of presiding judge; incidental
powers of judges
Sec. 11. (a) The court may adopt rules for conducting the business
of the court. Except as provided in subsection (b), in all matters
action of the court may only be taken by a vote of a majority of the
judges sitting at the time the vote is taken.
(b) Action of the court to remove the presiding judge or either
associate presiding judge may only be taken by a vote of two-thirds
(2/3) of the judges sitting at the time the vote is taken.
(c) The court has all the powers incident to a court of record in
relation to the attendance of witnesses, punishment of contempts, and
enforcement of the court's orders. The judges may administer oaths,
solemnize marriages, take and certify acknowledgments of deeds and
all legal instruments, and to give all necessary certificates for the
authentication of the records and proceedings in the court.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-12
Orders, writs, appointments, and commissions
Sec. 12. The court may do the following:
(1) Grant restraining orders and injunctions.
(2) Issue writs of habeas corpus.
(3) Appoint receivers, masters, and commissioners to:
(A) convey real property;
(B) grant commissions for the examination of witnesses; and
(C) appoint other officers necessary to transact the business
of the court.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-13
Judge; term; election
Sec. 13. (a) Each judge of the court shall be elected for a term of
six (6) years that begins January 1 after the year of the judge's
election and continues through December 31 in the sixth year. The
judge shall hold office for the six (6) year term or until the judge's
successor is elected and qualified. A candidate for judge shall run at
large for the office of judge of the court and not as a candidate for
judge of a particular room or division of the court.
(b) At the primary election held in 2008 and every six (6) years
thereafter, a political party may nominate not more than eight (8)
candidates for judge of the court. At the primary election held in
2006 and every six (6) years thereafter, a political party may
nominate not more than ten (10) candidates for judge of the court.
The candidates shall be voted on at the general election. Other
candidates may qualify under IC 3-8-6 to be voted on at the general
election.
(c) The names of the party candidates nominated and properly
certified to the Marion County election board, along with the names
of other candidates who have qualified, shall be placed on the ballot
at the general election in the form prescribed by IC 3-11. At the 2008
general election and every six (6) years thereafter, persons eligible
to vote at the general election may vote for sixteen (16) candidates
for judge of the court. Beginning with the 2006 general election and
every six (6) years thereafter, persons eligible to vote at the general
election may vote for twenty (20) candidates for judge of the court.
(d) The candidates for judge of the court receiving the highest
number of votes shall be elected to the vacancies. The names of the
candidates elected as judges of the court shall be certified to the
county election board as provided by law.
As added by P.L.98-2004, SEC.12. Amended by P.L.58-2005,
SEC.35; P.L.2-2005, SEC.93; P.L.80-2006, SEC.13; P.L.1-2006,
SEC.504; P.L.164-2006, SEC.140.
IC 33-33-49-14
Executive committee; divisions of court
Sec. 14. (a) Not more than thirty (30) days after taking the oath of
office, the judges shall meet and designate four (4) of the judges as
the executive committee for administrative purposes. The executive
committee shall be selected by a vote of two-thirds (2/3) of the
judges sitting at the time the vote is taken. If all vacancies cannot be
filled by a two-thirds (2/3) vote, vacancies may be filled by such
other method as provided by court rule. The executive committee is
responsible for the operation and conduct of the court. The executive
committee shall operate and maintain the juvenile detention facilities
in the county. A member of the executive committee shall serve in
the capacity provided by rules adopted by the court under section 11
of this chapter. A member of the executive committee serves for a
term of two (2) years beginning on the date of the member's election.
Except for the rotation of the presiding judge as provided in
subsection (b), any or all of the members elected to the executive
committee may be reelected. Of the four (4) judges elected to the
executive committee, not more than two (2) may be members of the
same political party.
(b) One (1) of the four (4) judges elected to the executive
committee shall be elected as presiding judge, and three (3) of the
four (4) judges elected to the executive committee shall be elected as
associate presiding judges. Beginning with the election of the
executive committee in 2007, a presiding judge may not be elected
from the same political party as the presiding judge who served the
previous term. Each judge who is a member of the executive
committee has an equal vote in all matters pertaining to the business
of the court when an action requires a majority vote. If a tie vote
occurs, the presiding judge shall cast the tiebreaking vote. Any action
taken by the executive committee may be overruled by a vote of
two-thirds (2/3) of all the judges sitting at the time the vote is taken.
The physical reassignment of a judge to a different courtroom
requires a unanimous vote of the executive committee. The executive
committee shall assign cases, offices, and courtrooms for trial judges
or reassignment of newly filed cases in the interests of the speedy,
economical, and uniform disposition of cases. All matters of trial
dates, continuances, and subpoenas used for trial shall be determined
by the trial judge in accordance with rules of the superior court. The
executive committee shall perform other duties as determined by
rules of the court.
(c) The court shall, by rules of the court, divide the work of the
court into various divisions, including but not limited to the
following:
(1) Civil.
(2) Criminal.
(3) Probate.
(4) Juvenile.
(d) The work of each division shall be allocated by the rules of the
court.
(e) The judges shall be assigned to various divisions or rooms as
provided by rules of the court. Whenever possible, an incumbent
judge shall be allowed the option of remaining in a particular room
or division. Whenever any action of the court is required, the judges
of the court shall act in concert, by a vote under section 11 of this
chapter. The court shall keep appropriate records of rules, orders, and
assignments of the court.
As added by P.L.98-2004, SEC.12. Amended by P.L.80-2006,
SEC.14; P.L.142-2007, SEC.10.
IC 33-33-49-15 Version a
Powers and duties of executive committee
Note: This version of section effective until 1-1-2011. See also
following version of this section, effective 1-1-2011.
Sec. 15. (a) The executive committee, with the approval of
two-thirds (2/3) of the judges, shall determine the number of hearing
judges, commissioners, referees, bail commissioners, court reporters,
probation officers, and other personnel required to efficiently serve
the court. The salaries of the personnel shall be fixed and paid as
provided by law.
(b) The administrative officers shall perform the duties prescribed
by the executive committee and shall operate under the jurisdiction
of the executive committee and serve at the pleasure of the executive
committee.
(c) The executive committee shall see that the court at all times is
amply provided with supplies and sufficient clerical and other help,
including extra reporters or bailiffs, when needed. Each judge shall
appoint the judge's court reporters, bailiffs, secretary, commissioners,
and clerks. In addition to the specified duties of this subsection, the
executive committee shall exercise any other powers and duties that
may be assigned to the executive committee by an order book entry
signed by a two-thirds (2/3) majority of the judges. At least once
each month, a general term conference of all superior division judges
must be held, at which the presiding judge shall preside. A special
order book must be kept for the court in which shall be entered all
special rules, proceedings, and similar matters. During an absence or
a vacation of a judge who is a member of the executive committee,
the senior superior court judge shall act for the absent member, if
necessary.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-15 Version b
Powers and duties of executive committee; appointment and
powers of commissioners
Note: This version of section effective 1-1-2011. See also
preceding version of this section, effective until 1-1-2011.
Sec. 15. (a) The executive committee, with the approval of
two-thirds (2/3) of the judges, shall determine the number of hearing
judges, commissioners, referees, bail commissioners, court reporters,
probation officers, and other personnel required to efficiently serve
the court. The salaries of the personnel shall be fixed and paid as
provided by law.
(b) The administrative officers shall perform the duties prescribed
by the executive committee and shall operate under the jurisdiction
of the executive committee and serve at the pleasure of the executive
committee.
(c) The executive committee shall see that the court at all times is
amply provided with supplies and sufficient clerical and other help,
including extra reporters or bailiffs, when needed. Each judge shall
appoint the judge's court reporters, bailiffs, secretary, commissioners,
and clerks. In addition to the specified duties of this subsection, the
executive committee shall exercise any other powers and duties that
may be assigned to the executive committee by an order book entry
signed by a two-thirds (2/3) majority of the judges. At least once
each month, a general term conference of all superior division judges
must be held, at which the presiding judge shall preside. A special
order book must be kept for the court in which shall be entered all
special rules, proceedings, and similar matters. During an absence or
a vacation of a judge who is a member of the executive committee,
the senior superior court judge shall act for the absent member, if
necessary.
(d) Notwithstanding any other law, a commissioner appointed
under this chapter has all of the powers and duties prescribed for a
magistrate under IC 33-23-5. However, the provisions of
IC 33-23-5-11 requiring the state to pay the salary of a magistrate do
not require the state to pay the salary of a commissioner appointed
under this chapter.
(e) If a commissioner appointed under this chapter is appointed as
a magistrate in Marion County, the salary of that magistrate shall be
paid by the state under IC 33-23-5-11 in the same amount as other
magistrates are paid.
(f) The allocation of appointments of commissioners under this
chapter shall be determined by agreement between the judges of the
superior court and the judge of the circuit court with consideration
given to the case load of each court. However, notwithstanding any
other law, at least two (2) of the commissioners appointed under this
chapter shall be appointed by the judge of the circuit court.
(g) The:
(1) judge of the circuit court has exclusive authority to appoint
commissioners allocated to the circuit court; and
(2) judges of the superior court have exclusive authority to
appoint commissioners allocated to the superior court by a vote
of the majority of the judges of the superior court.
(h) Not more than a simple majority of the commissioners
appointed under this chapter may be from the same political party.
(i) Commissioners appointed by the:
(1) judge of the circuit court serve at the pleasure of the judge
of the circuit court; and
(2) judges of the superior court continue in office until removed
by the vote of a majority of the judges of the superior court.
As added by P.L.98-2004, SEC.12. Amended by P.L.71-2010, SEC.2.
IC 33-33-49-16
Probate hearing judge; probate commissioner; juvenile referee;
bail commissioner; master commissioner; powers and duties
Sec. 16. (a) An appointed probate hearing judge or probate
commissioner shall be vested by the judge of the probate division
with suitable powers for the handling of all probate matters of the
court, including the following:
(1) Fixing of all bonds.
(2) Auditing accounts of estates, guardianships, and trusts.
(3) Accepting reports, accounts, and settlements filed in the
court.
(4) Appointing personal representatives, guardians, and trustees.
(5) Probating wills.
(6) Taking or hearing evidence on or concerning matters
described in this subsection or any other probate, guardianship,
or trust matters in litigation before the court.
(7) Enforcing court rules.
(8) Making reports to the court concerning the judge's or
commissioner's doings in the proceedings described in this
subsection, including reports concerning the commissioner's
findings and conclusions regarding the proceedings.
However, all matters handled by a hearing judge or commissioner
under this subsection are under the final jurisdiction and decision of
the judge of the probate division.
(b) A juvenile referee appointed by the judge of the juvenile
division shall have all suitable powers for the handling of the
juvenile matters of the court, including the following:
(1) Fixing of bonds.
(2) Taking and hearing evidence on or concerning juvenile
matters in litigation before the court.
(3) Enforcing court rules.
(4) Making reports to the court concerning the juvenile referee's
handling of proceedings of the juvenile division of the court.
However, all matters handled by a juvenile referee under this
subsection are under final jurisdiction and decision of the judge or
judges of the juvenile division designated by rules of the court.
(c) A bail commissioner may fix bonds, including the following:
(1) Determining whether an individual is to be released on the
individual's own recognizance in criminal cases and
proceedings.
(2) Making reports to the court concerning the bail
commissioner's activities.
All matters handled by a bail commissioner under this subsection are
under the final jurisdiction and decision of the judge or judges of the
criminal division as designated by rules of the court.
(d) For any of the purposes specified in this section, a probate
hearing judge, probate commissioner, referee, or bail commissioner
may do the following:
(1) Summon witnesses to testify before the probate hearing
judge, probate commissioner, referee, or bail commissioner.
(2) Administer oaths and take acknowledgments in connection
with duties.
(3) Administer oaths and take acknowledgments generally.
(e) A master commissioner appointed by the court under this
section has the powers and duties prescribed for a magistrate under
IC 33-23-5-5 through IC 33-23-5-9. A master commissioner shall
report the findings in each of the matters before the master
commissioner in writing to the judge or judges of the division to
which the master commissioner is assigned or as designated by rules
of the court.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-17
Sessions of court; facilities
Sec. 17. (a) The court shall hold sessions in:
(1) the city-county building in Indianapolis; and
(2) other places in Marion County as the court determines.
(b) The city-county council shall:
(1) provide and maintain in the building and at other places in
Marion County as the court may determine suitable and
convenient courtrooms for the holding of the court, suitable and
convenient jury rooms, and offices for the judges, other court
officers and personnel, and other facilities as are necessary; and
(2) provide all necessary furniture and equipment for rooms and
offices of the court.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-18
Books, papers, and records of court
Sec. 18. The clerk, under the direction of the court, shall provide:
(1) order books;
(2) judgment dockets;
(3) execution dockets;
(4) fee books; and
(5) other books, papers, and records;
as are necessary for the court. All books, papers, and proceedings of
the court shall be kept distinct and separate from those of other
courts.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-19
Single order book
Sec. 19. The court shall maintain a single order book for each
division or room of the court that may be signed on behalf of the
court by the judge of that division or room of the court. The signature
of the judge authenticates the actions of the court.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-20
Laws applicable to court
Sec. 20. All laws of Indiana and rules adopted by the supreme
court governing the circuit court in matters of pleadings, practice, the
issuing and service of process, the giving of notice, the appointing of
judges pro tempore and special judges, changes of venue from the
judge and from the county, adjournments by the court and by the
clerk in the absence of the judge, and the selection of jurors for the
court apply to and govern the court.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-21
Repealed
(Repealed by P.L.118-2007, SEC.38.)
IC 33-33-49-22
Appeals
Sec. 22. A party may appeal an order or a judgment of the court
in any case where an appeal may be had from a similar order or
judgment of the circuit court.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-23
Process
Sec. 23. The process of the court must have the seal affixed. The
process must be attested, directed, served, returned, and in the form
as provided for process issuing from the circuit court.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-24
Transfer of cases from circuit court
Sec. 24. The judge of the Marion circuit court may, with the
consent of the court acting through the superior court presiding judge
under rules adopted by the court, transfer any action, cause, or
proceeding filed and docketed in the circuit court to the court by
transferring all original papers and instruments filed in that action,
cause, or proceeding without further transcript to be redocketed and
disposed of as if originally filed with the court.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-25
Transfer of cases to circuit court
Sec. 25. The presiding judge may, with the consent of the judge
of the Marion circuit court and under rules adopted by the court,
transfer any action, cause, or proceeding without further transcript to
be redocketed and disposed of as if originally filed with the Marion
circuit court.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-26
Authority of circuit judge to sit in superior court
Sec. 26. The judge of the Marion circuit court may sit as a judge
of the court, with the court's permission, in all matters pending
before the court, without limitation and without any further order, in
the same manner as a judge of the court with all the rights and
powers of an elected judge of the court.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-27
Oath
Sec. 27. Each judge, before entering upon the duties of office,
shall take and subscribe the following oath or affirmation:
"I solemnly swear (or affirm) that I will support the
Constitution of the United States and the Constitution of the
State of Indiana and that I will faithfully discharge the duties of
judge of the superior court of Marion County to the best of my
ability.".
The oath shall be filed with the clerk of the county.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-28
Judicial notice
Sec. 28. The court shall take judicial notice of all matters of which
courts of general jurisdiction of Indiana are required to take judicial
notice. The court shall also take judicial notice of all general
ordinances of each city or municipality located in the county.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-29
Costs of appeals
Sec. 29. (a) When an appeal is taken from the court in criminal
cases or proceedings under IC 34-28-5 (or IC 34-4-32 before its
repeal), the amount of costs charged must be certified as a part of the
transcript and charged as part of the costs in the court to which the
appeal or proceeding is taken. The costs are in addition to any other
clerk's service fee required by law.
(b) All costs charged in the court hearing or in the court trying an
appeal must be charged and adjudged upon the hearing or trial in the
appeal against a defendant who is convicted or who pleads guilty.
(c) In an appeal under this section, the defendant shall pay a
transcript fee of thirty-five dollars ($35) before the appeal may be
transferred from the superior court.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-30
Conditions of continued qualification for office of judge;
complaints; retirement; vacancies
Sec. 30. (a) A judge remains qualified to hold office as long as the
judge:
(1) remains fair and impartial in judicial functions;
(2) maintains a high standard of morality in dealings, public and
private;
(3) remains physically and mentally capable of performing all
the functions and duties of the office of judge; and
(4) continues to reside in Marion County.
(b) Complaints against a judge must be forwarded to the
commission on judicial qualifications as provided in IC 33-38-13 by
any judge of the superior court.
(c) A judge of the court must retire upon becoming seventy-five
(75) years of age. If the judge wishes to retire before the judge's term
has ended or upon reaching the mandatory retirement age, the judge
shall provide written notice to the presiding judge of the court. The
judge shall continue to hold office until a successor has been
appointed and qualified.
(d) When a vacancy occurs in the court by death, removal,
retirement, or for any other reason, the governor shall appoint a
successor judge who serves the balance of the term of the vacating
judge. The successor judge must be a member of the same political
party as the judge who is to be succeeded.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-31
Magistrate
Sec. 31. (a) The presiding judge may appoint one (1) full-time
magistrate under IC 33-23-5.
(b) A magistrate appointed under this section may only hear
criminal proceedings.
(c) The magistrate continues in office until removed by the
presiding judge.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-32
Appointment of magistrates; transfer of proceeding back to judge
Sec. 32. (a) In addition to the magistrate appointed under section
31 of this chapter, the judges of the superior court may, by a vote of
a majority of the judges, appoint:
(1) four (4) full-time magistrates under IC 33-23-5 until January
1, 2008, not more than two (2) of whom may be from the same
political party; and
(2) eight (8) full-time magistrates under IC 33-23-5 after
December 31, 2007, not more than four (4) of whom may be
from the same political party.
(b) The magistrates continue in office until removed by the vote
of a majority of the judges of the court.
(c) A party to a superior court proceeding that has been assigned
to a magistrate appointed under this section may request that an
elected judge of the superior court preside over the proceeding
instead of the magistrate to whom the proceeding has been assigned.
A request under this subsection must be in writing and must be filed
with the court:
(1) in a civil case, not later than:
(A) ten (10) days after the pleadings are closed; or
(B) thirty (30) days after the case is entered on the
chronological case summary, in a case in which the
defendant is not required to answer; or
(2) in a criminal case, not later than ten (10) days after the
omnibus date.
Upon a timely request made under this subsection by either party, the
magistrate to whom the proceeding has been assigned shall transfer
the proceeding back to the superior court judge.
As added by P.L.98-2004, SEC.12. Amended by P.L.33-2005, SEC.1;
P.L.80-2006, SEC.15.
IC 33-33-49-33
Court administrator
Sec. 33. (a) The executive committee elected under section 14 of
this chapter shall employ a court administrator to administer the
business activities of the court. A court administrator is subject to
rules of the court and oversight by the executive committee.
(b) The salary of the court administrator shall be set by the
executive committee.
As added by P.L.98-2004, SEC.12. Amended by P.L.33-2005, SEC.2.
IC 33-33-49-34
Books, papers, and records of the court; forms
Sec. 34. (a) The clerk of the superior court shall furnish the
following:
(1) All blanks, forms, and papers required for use in all criminal
cases and in all civil actions involving actions by a city or town
for violations of municipal penal ordinances.
(2) All books, papers, stationery, furniture, and other equipment
and supplies necessary for keeping the records of the
proceedings in all rooms of the superior court and for the
transaction of all business of the court.
(3) Necessary computerization of court records.
(b) The materials required under this section shall be furnished at
the expense of the county.
(c) The presiding judge of the court, by an order entered on the
court records signed by the presiding judge, shall determine and
prescribe the forms of the following:
(1) All summonses, notices, subpoenas, warrants, affidavits,
complaints, writs, and all other papers and anything else
required to be used in the cases relating to violations of criminal
statutes or municipal ordinances.
(2) All other books, records, papers, and documents to be used
by the court and by the officers of the court and the prosecutors.
In the absence of an order under this subsection, those charged with
the duty of prosecuting cases involving either criminal offenses or
the violation of municipal ordinances may adopt, change, order, and
use all necessary forms and instruments as conform substantially to
the practice and procedure applicable.
As added by P.L.98-2004, SEC.12.