CHAPTER 5. MAGISTRATES
IC 33-23-5
Chapter 5. Magistrates
IC 33-23-5-1
Application of chapter
Sec. 1. This chapter applies to a court expressly authorized by
statute to appoint a full-time magistrate.
As added by P.L.98-2004, SEC.2.
IC 33-23-5-2
Qualifications
Sec. 2. A magistrate must be admitted to the practice of law in
Indiana.
As added by P.L.98-2004, SEC.2.
IC 33-23-5-3
Restriction on practice of law
Sec. 3. A magistrate may not engage in the practice of law while
holding the office of magistrate.
As added by P.L.98-2004, SEC.2.
IC 33-23-5-4
Confidentiality of applicant files
Sec. 4. The files of applicants for appointment as a magistrate,
including the names of applicants, are confidential as provided in
IC 5-14-3-4(b)(8).
As added by P.L.98-2004, SEC.2.
IC 33-23-5-5
Powers of magistrate
Sec. 5. A magistrate may do any of the following:
(1) Administer an oath or affirmation required by law.
(2) Solemnize a marriage.
(3) Take and certify an affidavit or deposition.
(4) Order that a subpoena be issued in a matter pending before
the court.
(5) Compel the attendance of a witness.
(6) Punish contempt.
(7) Issue a warrant.
(8) Set bail.
(9) Enforce court rules.
(10) Conduct a preliminary, an initial, an omnibus, or other
pretrial hearing.
(11) Conduct an evidentiary hearing or trial.
(12) Receive a jury's verdict.
(13) Verify a certificate for the authentication of records of a
proceeding conducted by the magistrate.
(14) Enter a final order, conduct a sentencing hearing, and
impose a sentence on a person convicted of a criminal offense
as described in section 9 of this chapter.
(15) Enter a final order or judgment in any proceeding
involving matters specified in IC 33-29-2-4 (jurisdiction of
small claims docket) or IC 34-26-5 (protective orders to prevent
domestic or family violence).
As added by P.L.98-2004, SEC.2. Amended by P.L.127-2008, SEC.3.
IC 33-23-5-6
Service as judge pro tempore or special judge
Sec. 6. A magistrate may serve as a judge pro tempore or as a
special judge of the court. A magistrate is not entitled to additional
compensation for service under this section.
As added by P.L.98-2004, SEC.2.
IC 33-23-5-7
Administrative duties
Sec. 7. The court may assign a magistrate administrative duties
that are consistent with this chapter.
As added by P.L.98-2004, SEC.2.
IC 33-23-5-8
Judicial mandate; final appealable order
Sec. 8. Except as provided under sections 5(14) and 9(b) of this
chapter, a magistrate:
(1) does not have the power of judicial mandate; and
(2) may not enter a final appealable order unless sitting as a
judge pro tempore or a special judge.
As added by P.L.98-2004, SEC.2. Amended by P.L.127-2008, SEC.4.
IC 33-23-5-9
Findings; final orders; sentencing hearing; sentencing
Sec. 9. (a) Except as provided under subsection (b), a magistrate
shall report findings in an evidentiary hearing, a trial, or a jury's
verdict to the court. The court shall enter the final order.
(b) If a magistrate presides at a criminal trial, the magistrate may
do the following:
(1) Enter a final order.
(2) Conduct a sentencing hearing.
(3) Impose a sentence on a person convicted of a criminal
offense.
As added by P.L.98-2004, SEC.2.
IC 33-23-5-10
Salary
Sec. 10. A magistrate is entitled to an annual salary equal to
eighty percent (80%) of the salary of a judge under IC 33-38-5-6.
As added by P.L.98-2004, SEC.2.
IC 33-23-5-11
Source of salary
Sec. 11. Except as provided in section 12 of this chapter, the state
shall pay the salary of a magistrate. A county located in the circuit
that the magistrate serves may supplement the magistrate's salary.
As added by P.L.98-2004, SEC.2.
IC 33-23-5-12
Juvenile court magistrate salary
Sec. 12. The salary of a magistrate appointed under IC 31-31-3-2
shall be paid in accordance with IC 33-38-5-7.
As added by P.L.98-2004, SEC.2.
IC 33-23-5-13
Participation in retirement systems
Sec. 13. (a) Except as provided in subsection (b), a magistrate
may:
(1) participate in the public employees' retirement fund as
provided in IC 5-10.3; or
(2) elect to remain in the judges' retirement system under
IC 33-38 if the magistrate had previously participated in the
system.
(b) A person who:
(1) is serving as a full-time magistrate on July 1, 2010, and
makes an election under IC 33-38-8-10.5; or
(2) begins serving as a full-time magistrate after July 1, 2010;
shall, beginning January 1, 2011, participate in the judges' 1985
benefit system under IC 33-38-8.
As added by P.L.98-2004, SEC.2. Amended by P.L.122-2008, SEC.1.