CHAPTER 64. PORTER COUNTY
IC 33-33-64
Chapter 64. Porter County
IC 33-33-64-1
Application
Sec. 1. IC 33-29-1 does not apply to this chapter.
As added by P.L.98-2004, SEC.12.
IC 33-33-64-2
Judicial circuit
Sec. 2. Porter County constitutes the sixty-seventh judicial circuit.
As added by P.L.98-2004, SEC.12.
IC 33-33-64-3
Establishment of superior court; judges; election; divisions
Sec. 3. (a) There is established a court of record to be known as
Porter superior court. The Porter superior court has five (5) judges,
who hold office for six (6) years, beginning on the first day of
January after their election and until their successors are elected and
qualified. Every six (6) years the voters of Porter County shall elect
at the general election the judges for the superior court.
(b) The judges of the Porter superior court are designated as
follows:
(1) Two (2) judges are judges of the superior court, superior
division.
(2) Three (3) judges are judges of the superior court, county
division.
As added by P.L.98-2004, SEC.12.
IC 33-33-64-4
Seal
Sec. 4. (a) The Porter superior court's superior division shall have
a seal consisting of a circular disk containing the words "Porter
Superior Court, Superior Division", an impression of which shall be
spread of record upon the order book of the court.
(b) The Porter superior court's county division shall have a seal
consisting of a circular disk containing the words "Porter Superior
Court, County Division", an impression of which shall be imprinted
upon the order book of the court.
As added by P.L.98-2004, SEC.12.
IC 33-33-64-5
Jurisdiction
Sec. 5. (a) Except as provided in subsection (b), the Porter
superior court has the following jurisdiction:
(1) Original, appellate, concurrent, and coextensive jurisdiction
with the circuit court in all civil cases, criminal cases, and
probate matters.
(2) Concurrent and coextensive jurisdiction with the circuit
court in all cases of appeal from boards of county
commissioners and all other appellate jurisdiction vested in the
circuit court.
(3) Concurrent and coextensive jurisdiction in all matters of
probate and the settlement of decedents' estates, trusts, and
guardianships.
(4) Jurisdiction over all other subject matters actionable in the
circuit court.
(b) All matters in which a child is alleged to be a delinquent child
or a child in need of services exclusively resides in the jurisdiction
of the circuit court of the county.
As added by P.L.98-2004, SEC.12.
IC 33-33-64-6
Power and authority of judges
Sec. 6. The judges of the Porter superior court may make and
adopt rules and regulations for conducting the business of the court
and have all the powers incident to a court of record in relation to the
attendance of witnesses, the punishment of contempts, and the
enforcement of its orders. The judges may administer oaths,
solemnize marriages, take and certify acknowledgment of deeds, and
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 33-33-64-7
Power of judges same as circuit court judges
Sec. 7. The judges of the Porter superior court have the same
power to grant restraining orders and injunctions, to issue writs of
habeas corpus and of mandate and prohibition, to appoint receivers,
masters, and commissioners to convey real property, and to grant
commissions for the examination of witnesses, and to appoint other
officers necessary to facilitate and transact the business of the court
as is conferred on circuit courts or the judges of circuit courts.
As added by P.L.98-2004, SEC.12.
IC 33-33-64-8
Location of court sessions
Sec. 8. (a) The Porter superior court, superior division, shall hold
sessions in the Porter County courthouse in Valparaiso.
(b) One (1) judge of the Porter superior court, county division,
shall hold sessions of the court in Valparaiso and two (2) judges shall
hold sessions of the court principally in Portage Township and may
sit periodically in Westchester Township in the discretion of the
judges in Porter County.
(c) The board of county commissioners of Porter County shall:
(1) provide and maintain suitable and convenient courtrooms
for the holding of the court, together with suitable and
convenient jury rooms and offices for the judges, secretaries,
and official court reporters, and other facilities as may be
necessary; and
(2) provide all the necessary furniture and equipment for the
rooms and offices of the court.
The county council shall appropriate sufficient funds to implement
this section.
As added by P.L.98-2004, SEC.12.
IC 33-33-64-9
Dockets, books, and records
Sec. 9. The clerk, under the direction of a Porter superior court
judge, shall provide order books, judgment dockets, execution
dockets, fee books and other books, papers, and records as 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 33-33-64-10
Order books
Sec. 10. (a) The Porter superior court shall maintain a single order
book for the Porter superior court, superior division, that may be
signed on behalf of the court by any of the sitting judges of the
superior division. A judge's signature constitutes authentication of
the actions of each judge in the court.
(b) The Porter superior court shall maintain an order book for the
judge of the Porter superior court, county division, located in
Valparaiso and a separate order book for the judge of the Porter
superior court, county division, located in Portage Township. The
signature of a judge of the Porter superior court, county division,
constitutes authentication of the actions of the judge taken on behalf
of the superior court holding sessions in that location.
As added by P.L.98-2004, SEC.12.
IC 33-33-64-11
Bailiff
Sec. 11. Each judge of the Porter superior court shall appoint a
bailiff for the court whose salary shall be fixed by the court and paid
as provided by law.
As added by P.L.98-2004, SEC.12.
IC 33-33-64-12
Court reporter
Sec. 12. Each judge of the Porter superior court shall appoint a
court reporter whose duties, salary, and term shall be regulated in the
same manner as the court reporter of the circuit court.
As added by P.L.98-2004, SEC.12.
IC 33-33-64-13
Process of court
Sec. 13. The process of the Porter superior court must have the
seal affixed. The process must be attested, directed, served, returned,
and be in the form as provided for process issuing from the circuit
court.
As added by P.L.98-2004, SEC.12.
IC 33-33-64-14
Officers and personnel
Sec. 14. Each Porter superior judge may appoint additional
officers and personnel necessary for the proper administration of the
judge's duties as judge of the court.
As added by P.L.98-2004, SEC.12.
IC 33-33-64-15
Presiding judge
Sec. 15. (a) The Porter superior court by rules adopted by the
court, shall designate one (1) of the judges as presiding judge and fix
the time the judge presides.
(b) The presiding judge shall be responsible for the operation and
conduct of the court and for seeing that the court operates efficiently
and judicially.
(c) If an agreement is not reached, the judge with the most
seniority as a judge of a court of record shall act as presiding judge.
As added by P.L.98-2004, SEC.12.
IC 33-33-64-16
Majority decision of judges
Sec. 16. When any action of the entire Porter superior court is
required, the judges of the court shall act in concert. If there is a
disagreement, the decision of the majority of the judges controls.
However, in the absence of a majority, the decision of the presiding
judge controls.
As added by P.L.98-2004, SEC.12.
IC 33-33-64-17
Additional personnel; administrative officer
Sec. 17. The Porter superior court shall, when it believes it is
necessary, appoint additional personnel for the proper administration
of the court, including but not limited to an administrative officer
who shall operate under the jurisdiction of the presiding judge.
As added by P.L.98-2004, SEC.12.
IC 33-33-64-18
Transfer of causes from circuit court
Sec. 18. The judge of the circuit court may, with the consent of
the court transfer any action, cause, or proceeding filed and docketed
in the circuit court to this court by transferring all original papers and
instruments filed in the action, cause, or proceeding without further
transcript to be redocketed and disposed of as if originally filed with
this court.
As added by P.L.98-2004, SEC.12.
IC 33-33-64-19
Transfer of causes
Sec. 19. Any judge of the Porter superior court may, with the
consent of the judge of the Porter circuit court, transfer any action,
cause, or proceeding filed and docketed in the superior court to the
circuit court by transferring all original papers and instruments filed
in such action, cause, or proceeding without further transcript to be
redocketed and disposed of as if originally filed with the superior
court. However, a judge of the Porter superior court, county division,
may not transfer any action or proceeding docketed in the small
claims and misdemeanor division to the Porter circuit court or to the
Porter superior court, superior division.
As added by P.L.98-2004, SEC.12.
IC 33-33-64-20
Circuit court judge sitting and acting as superior court judge
Sec. 20. The judge of the Porter circuit court may, with the Porter
superior court's permission, sit and act as a judge of the Porter
superior court in all matters pending before the superior court,
without limitation and without any further order, in the same manner
and stead as if the judge were a judge of the Porter superior court
with all the rights and powers as if the judge were an elected judge
of the Porter superior court, including the right to act as presiding
judge and otherwise participate in the organization and
administration of the superior court.
As added by P.L.98-2004, SEC.12.
IC 33-33-64-21
Commission and appointment of judges
Sec. 21. The judges of the Porter superior court shall be
commissioned by the governor in the same manner as a judge of the
circuit court and any vacancy occurring in the office of judge of the
superior court shall be filled by appointment by the governor in the
same manner as vacancies in the office of the judge of the circuit
court.
As added by P.L.98-2004, SEC.12.
IC 33-33-64-22
Small claims and misdemeanor divisions
Sec. 22. The Porter superior court, county division, located in
Valparaiso, has a standard small claims and misdemeanor division
and the Porter superior court, county division, located in Portage
Township has a standard small claims and misdemeanor division.
As added by P.L.98-2004, SEC.12.
IC 33-33-64-23
Magistrates
Sec. 23. The judges of the Porter superior court may jointly
appoint two (2) full-time magistrates under IC 33-23-5. The
magistrates continue in office until removed by the judges of the
superior court.
As added by P.L.98-2004, SEC.12.