CHAPTER 10. COMMISSION ON COURTS
IC 33-23-10
Chapter 10. Commission on Courts
IC 33-23-10-1
Establishment
Sec. 1. The commission on courts is established.
As added by P.L.98-2004, SEC.2.
IC 33-23-10-2
Members
Sec. 2. The commission on courts is composed of the followingthirteen (13) members:
(1) The chief justice of the supreme court or a representativedesignated by the chief justice.
(2) Four (4) members from the house of representatives,appointed by the speaker of the house of representatives, notmore than two (2) of whom are from the same political party.
(3) Four (4) members from the senate, appointed by thepresident pro tempore of the senate, not more than two (2) ofwhom are from the same political party.
(4) Two (2) members, not more than one (1) of whom is fromthe same political party, appointed by the president pro temporeof the senate as follows:
(A) One (1) member must be a sitting judge.
(B) One (1) member must be a county commissioner.
(5) Two (2) members, not more than one (1) of whom is fromthe same political party, appointed by the speaker of the houseof representatives as follows:
(A) One (1) member must be a member of a county council.
(B) One (1) member must be a circuit court clerk.
As added by P.L.98-2004, SEC.2.
IC 33-23-10-3
Term of members
Sec. 3. Each appointed member of the commission on courtsserves for a term of four (4) years.
As added by P.L.98-2004, SEC.2.
IC 33-23-10-4
Chairperson and vice chairperson
Sec. 4. The chairman of the legislative council shall appoint thechairperson and vice chairperson of the commission on courts fromamong the legislative members of the commission. The chairpersonand vice chairperson:
(1) may not be members of the same political party;
(2) may not be from the same house of the general assembly;and
(3) must be appointed from a different house of the generalassembly each year.
As added by P.L.98-2004, SEC.2.
IC 33-23-10-5
Compensation; expenses
Sec. 5. (a) Each member of the commission on courts who is nota state employee is entitled to the minimum salary per diem providedby IC 4-10-11-2.1(b). The member is also entitled to reimbursementfor traveling expenses and other expenses actually incurred inconnection with the member's duties, as provided in the state travelpolicies and procedures established by the Indiana department ofadministration and approved by the budget agency.
(b) Each member of the commission who is a state employee butwho is not a member of the general assembly is entitled toreimbursement for traveling expenses and other expenses actuallyincurred in connection with the member's duties, as provided in thestate travel policies and procedures established by the Indianadepartment of administration and approved by the budget agency.
(c) Each member of the commission who is a member of thegeneral assembly is entitled to receive the same per diem, mileage,and travel allowances paid to members of the general assemblyserving on interim study committees established by the legislativecouncil.
As added by P.L.98-2004, SEC.2.
IC 33-23-10-6
Staff; administrative duties and functions
Sec. 6. (a) The legislative services agency shall employ necessarystaff to carry out the administrative duties and functions of thecommission on courts, including the following:
(1) Giving notices of commission meetings and othercommunication services.
(2) Keeping records related to commission meetings,proceedings, and actions.
(3) Preparing the report required under section 7 of this chapter.
(4) Providing the detailed investigation necessary for thecommission to fulfill the duties imposed under section 7 of thischapter.
(5) Preparing draft proposals required under section 7 of thischapter.
(b) The legislative services agency shall not expend more thanforty-eight thousand dollars ($48,000) per year to employ the staffrequired under subsection (a).
As added by P.L.98-2004, SEC.2.
IC 33-23-10-7
Duties of commission
Sec. 7. The commission on courts shall do the following:
(1) Review and report on all requests for new courts or changesin jurisdiction of existing courts. A request for review underthis subdivision must be received by the commission not laterthan July 1 of each year. A request received after July 1 may notbe considered unless a majority of the commission members
agrees to consider the request.
(2) Conduct research concerning requests for new courts orchanges in jurisdiction of existing courts. The research mayinclude conducting surveys sampling members of the bar,members of the judiciary, and local officials to determine needsand problems.
(3) Conduct public hearings throughout Indiana concerningrequests for new courts or changes in jurisdiction of existingcourts. The commission shall hold at least one (1) publichearing on each request presented to the commission.
(4) Review and report on any other matters relating to courtadministration that the commission determines appropriate,including the following:
(A) Court fees.
(B) Court personnel, except constables that have jurisdictionin a county that contains a consolidated city.
(C) Salaries of court officers and personnel, exceptconstables that have jurisdiction in a county that contains aconsolidated city.
(D) Jury selection.
(E) Any other issues relating to the operation of the courts.
(5) Submit a report in an electronic format under IC 5-14-6before November 1 of each year to the general assembly. Thereport must include the following:
(A) A recommendation on all requests considered by thecommission during the preceding year for the creation ofnew courts or changes in the jurisdiction of existing courts.
(B) If the commission recommends the creation of newcourts or changes in jurisdiction of existing courts, thefollowing:
(i) A draft of legislation implementing the changes.
(ii) A fiscal analysis of the cost to the state and localgovernments of implementing recommended changes.
(iii) Summaries of any research supporting therecommended changes.
(iv) Summaries of public hearings held concerning therecommended changes.
(C) A recommendation on any issues considered by thecommission under subdivision (4).
As added by P.L.98-2004, SEC.2.
IC 33-23-10-8
Expiration of chapter
Sec. 8. This chapter expires June 30, 2011.
As added by P.L.98-2004, SEC.2. Amended by P.L.5-2007, SEC.1.