CHAPTER 82. VANDERBURGH COUNTY
IC 33-33-82
Chapter 82. Vanderburgh County
IC 33-33-82-1
Application
Sec. 1. IC 33-29-1 does not apply to this chapter.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-2
Judicial circuit
Sec. 2. Vanderburgh County constitutes the first judicial circuit.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-3
Magistrate
Sec. 3. The judge of the Vanderburgh circuit court may appoint
one (1) full-time magistrate under IC 33-23-5. The magistrate
continues in office until removed by the judge.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-4
Judicial powers
Sec. 4. All inherent powers of judicial mandate in Vanderburgh
County remain vested in the judges of the county.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-5
Establishment of superior court; judges
Sec. 5. There is established a superior court in Vanderburgh
County that consists of seven (7) judges who hold office for six (6)
years and until their successors are elected and qualified.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-6
Magistrates
Sec. 6. (a) The judges of the Vanderburgh superior court may
jointly appoint not more than four (4) full-time magistrates under
IC 33-23-5.
(b) A magistrate continues in office until jointly removed by the
judges.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-7
Name
Sec. 7. The court shall be known as the Vanderburgh Superior
Court.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-8
Seal
Sec. 8. The court shall have a seal consisting of a circular disk
containing the words "Vanderburgh Superior Court", "Indiana", and
"Seal", and a design as the court may determine, an impression of
which shall be spread of record upon the order book of the court.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-9
Jurisdiction
Sec. 9. (a) The superior court has:
(1) original, appellate, concurrent, and coextensive jurisdiction
with the circuit court in all civil cases and criminal cases;
(2) jurisdiction concurrent and coextensive with the circuit
court in all cases of appeal from boards of county
commissioners and city courts; and
(3) all other appellate jurisdiction vested in the circuit court.
(b) The superior court has original and exclusive jurisdiction in all
matters pertaining to:
(1) the probate and the settlement of decedents' estates, trusts,
and guardianships;
(2) the probate of wills, proceedings to resist probate of wills,
and proceedings to contest wills;
(3) the appointment of guardians, assignees, executors,
administrators, and trustees;
(4) the administration and settlement of estates of protected
persons (as defined in IC 29-3-1-13) and deceased persons, and
of trusts, assignments, adoptions, and surviving partnerships;
and
(5) all other probate matters.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-10
Juvenile jurisdiction
Sec. 10. The superior court has exclusive juvenile jurisdiction in
Vanderburgh County.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-11
Court of record; force and effect of judgments, decrees, and orders
Sec. 11. The superior court is a court of record and its judgments,
decrees, orders, and proceedings have the same force and 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 33-33-82-12
Power and authority of judges
Sec. 12. (a) The judges of the superior court may make and adopt
rules and regulations for conducting the business of the court and
have 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.
(b) 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 33-33-82-13
Power of judges same as circuit court judges
Sec. 13. The judges of the superior court have the same powers to
grant restraining orders and injunctions; to issue writs of habeas
corpus; to appoint receivers, masters, and commissioners to convey
real property; to grant commissions for the examination of witnesses;
to appoint other officers necessary to facilitate and transact the
business of the court as conferred on circuit courts or the judges of
the circuit court; and to appoint officers necessary to facilitate the
business of the superior court.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-14
Location of court sessions
Sec. 14. (a) The Vanderburgh superior court shall hold sessions
in the Vanderburgh County courthouse in Evansville or its
replacement.
(b) The board of county commissioners of Vanderburgh County
shall:
(1) provide and maintain in the courthouse suitable and
convenient courtrooms for the holding of the court, suitable and
convenient jury rooms, offices for the judges, secretaries, and
official court reporters, and other facilities as necessary; and
(2) provide all the necessary furniture and equipment for the
rooms and offices of the court.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-15
Dockets; books, papers, and records
Sec. 15. The clerk, under the direction of the superior court, shall
provide:
(1) order books;
(2) judgment dockets;
(3) execution dockets;
(4) fee books; and
(5) other books, papers, and records necessary for the court.
All books, papers and proceedings of the court shall be kept distinct
and separate from those of other records.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-16
Order books; signature of judges
Sec. 16. The superior court shall maintain order books as the court
determines necessary for the entire court. An order book may be
signed on behalf of the court by any of the sitting judges of the court
and the signature constitutes authentication of the actions of each of
the judges in the court.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-17
Court reporter and bailiff
Sec. 17. Each judge of the superior court shall appoint a court
reporter, a bailiff, and a riding bailiff for the court whose salaries
shall be fixed by the court and paid as provided by law and who
serves at the pleasure of the judge making the appointment.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-18
Additional officers and personnel
Sec. 18. The superior court may appoint additional officers and
personnel as necessary for the proper administration of the duties of
the court, whose salaries shall be fixed by the court and who serve at
the pleasure of the court.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-19
Probation officers
Sec. 19. The court shall appoint probation officers who shall
perform the same duties and receive the same compensation as is
provided by law.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-20
Laws and rules applicable to practice and procedure
Sec. 20. All laws of the state and all rules adopted by the supreme
court governing the circuit court in matters of pleading, practice, the
issuing and service of process, the giving of notice, the appointment
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 are applicable to and govern the superior court.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-21
Repealed
(Repealed by P.L.118-2007, SEC.38.)
IC 33-33-82-22
Appeals from orders or judgments
Sec. 22. Any party may appeal to the supreme court or the court
of appeals from any order or judgment of the superior court in any
case where an appeal may be had from a similar order or judgment
of the circuit court. The appeal is governed by the law and rules
governing appeals to the court of appeals and the supreme court.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-23
Process of court
Sec. 23. The process of the superior court must have the seal
affixed and be attested, directed, served, returned, and in the form as
is provided for process issuing from the circuit court.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-24
Presiding judge
Sec. 24. The superior court, by rules adopted by the court, shall
designate one (1) of the judges as presiding judge and fix the time
the presiding judge presides. The presiding judge is responsible for
the operation and conduct of the court and to seeing that the court
operates efficiently and judicially.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-25
Judges; acting in concert; majority decision
Sec. 25. When any action of the entire court is required, the sitting
judges of the court shall act in concert. If there is a disagreement, the
decision of the majority of the sitting judges controls.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-26
Transfer of causes from circuit court
Sec. 26. The judge of the circuit court may, with the consent of
the superior court, transfer any action, cause, or proceeding filed and
docketed in the circuit court to the superior 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 the superior court.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-27
Transfer of causes to circuit court
Sec. 27. Any judge of the superior court may, with the consent of
the judge of the 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 the action,
cause, or proceeding without further transcript to be redocketed and
disposed of as if originally filed with the circuit court.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-28
Circuit court judge sitting as superior court judge
Sec. 28. The judge of the Vanderburgh circuit court may sit as a
judge of the superior court, with the court's permission, in all matters
pending before the superior court, without limitation and without any
further order, in the same manner as if the judge were a judge of the
superior court with all the rights and powers as if the judge were an
elected judge of the superior court.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-29
Budget estimates
Sec. 29. The superior court shall submit its budget estimates
annually to the auditor of the county for presentment and approval by
the county council, as provided in IC 36-2-5.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-30
Small claims and misdemeanor division
Sec. 30. The Vanderburgh superior court has a standard small
claims and misdemeanor division.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-31
Judges; nonpartisan elections; declaration of candidacy; eligibility
Sec. 31. (a) The judge of the Vanderburgh circuit court and each
of the seven (7) judges of the Vanderburgh superior court shall be
elected in nonpartisan elections every six (6) years.
(b) During the period under IC 3-8-2-4 in which a declaration of
candidacy may be filed for a primary election, any person desiring to
become a candidate for any one (1) of the eight (8) judgeships
affected by this chapter shall file with the election division a
declaration of candidacy adapted from the form prescribed under
IC 3-8-2, signed by the candidate and designated which judgeship the
candidate seeks. Any petition without the designation shall be
rejected by the election division (or by the Indiana election
commission under IC 3-8-1-2). To be eligible for election, a
candidate must be:
(1) domiciled in the county of Vanderburgh;
(2) a citizen of the United States; and
(3) admitted to the practice of law in Indiana.
(c) If an individual who files a declaration under subsection (b)
ceases to be a candidate after the final date for filing a declaration
under subsection (b), the election division may accept the filing of
additional declarations of candidacy for that judgeship not later than
noon August 1.
(d) All candidates for each respective judgeship shall be listed on
the general election ballot in the form prescribed by IC 3-11, without
party designation. The candidate receiving the highest number of
votes for each judgeship shall be elected to that office.
(e) IC 3, where not inconsistent with this chapter, applies to
elections under this chapter.
As added by P.L.98-2004, SEC.12. Amended by P.L.58-2005,
SEC.37.