CHAPTER 5. SUPREME COURT SHERIFF
IC 33-24-5
Chapter 5. Supreme Court Sheriff
IC 33-24-5-1
Appointment; bond; term of office; vacancies
Sec. 1. (a) On the second Monday of January in eachodd-numbered year, the supreme court shall appoint a sheriff.
(b) The sheriff of the supreme court must give bond in the sum offive thousand dollars ($5,000), with sureties to be approved by thecourt.
(c) The term of the sheriff's office is two (2) years.
(d) When a vacancy in the sheriff's office occurs in vacation, anytwo (2) of the justices of the court may appoint a sheriff to serveuntil the next term of the court, when the vacancy shall be filled bya vote of a majority of the court's justices.
As added by P.L.98-2004, SEC.3.
IC 33-24-5-2
Attendance of court; executing orders and process of court
Sec. 2. (a) Except as provided in subsection (b), the sheriff of thesupreme court or a county police officer shall:
(1) attend the court in term time;
(2) execute the orders of the court;
(3) preserve order within the court;
(4) execute all process issued out of the court; and
(5) execute all civil process issued out of the court.
(b) This subsection applies only if a consolidated law enforcementdepartment is established under IC 36-3-1-5.1. The ordinanceadopted by the legislative body of the consolidated city shalldetermine whether:
(1) the orders of the court; and
(2) all criminal process issued out of the court;
shall be executed by an officer of the sheriff's department or anofficer of the consolidated law enforcement department.
As added by P.L.98-2004, SEC.3. Amended by P.L.227-2005,SEC.10; P.L.1-2006, SEC.502.
IC 33-24-5-3
Transmitting process, rule, or order to county sheriff
Sec. 3. (a) When any process, rule, or order, is received by thesheriff of the supreme court, the sheriff may transmit it by mail to thesheriff of the county where the process, rule, or order is to be served.
(b) The sheriffs of each county are the deputies of the sheriff ofthe supreme court. However, each county sheriff is liable on thecounty sheriff's own bond for all acts done by the county sheriff asa deputy of the sheriff of the supreme court.
As added by P.L.98-2004, SEC.3.
IC 33-24-5-4
County sheriff returning process, rule, or order; service by sheriff
of supreme court
Sec. 4. (a) A county sheriff acting as a deputy of the sheriff of thesupreme court may:
(1) enclose any process, rule, or order of the court that thecounty sheriff receives;
(2) direct the process, rule, or order to the sheriff of the supremecourt; and
(3) deposit the process, rule, or order in a post office in thecounty sheriff's county ten (10) days before the return day of theprocess, rule, or order.
A county sheriff that complies with this subsection is not liable forfailing to return the process, rule, or order.
(b) If money must be returned with a process, rule, or orderdescribed in subsection (a), the county sheriff may transmit themoney by mail, enclosed with the process, rule, or order, addressedto the sheriff of the supreme court. However, the testimony of thepostmaster that the payment was mailed is necessary to exempt thecounty sheriff from liability.
(c) In case of the return of any process, rule, or order of the courtdescribed in subsection (a) by any county sheriff, unserved orunsatisfied, the sheriff of the supreme court may visit any county andpersonally serve the process, rule, or order in the same mannerprovided by law for the service by county sheriffs. For this service,the sheriff of the supreme court is entitled to receive, for the distanceactually traveled in going to and returning from the county seat of thecounty where the process, rule, or order is to be served, and from thecounty seat to the place where the process, rule, or order is served,a sum for mileage for each instance equal to the sum per mile paid tostate employees and officers plus those other fees allowed by law tocounty sheriffs, with the rate for mileage to change each time thestate government changes its rate per mile. The sum for mileage andfees shall be imposed as costs in the case in which the process, rule,or order is issued, and shall be collected as other costs.
As added by P.L.98-2004, SEC.3.
IC 33-24-5-5
Mileage and fees for service of process, rule, or order
Sec. 5. (a) The mileage and fees for service of any process, rule,or order issued out of the supreme court is the same as in case ofsimilar process from the circuit court.
(b) When any process, rule, or order issued out of the supremecourt is served by the county sheriff, the county sheriff is allowed thefees for mileage and one half (1/2) of the fees for service. Theremaining half of the fees for service shall be paid the sheriff of thesupreme court.
(c) Fees for mileage may be charged only from the county seat ofthe county in which the process is to be served to the place ofservice.
(d) When money is collected on any process, rule, or order issuedout of the supreme court by the county sheriff, two-thirds (2/3) of the
sheriff's allowance is retained by the county sheriff and theremaining one-third (1/3) must be delivered to the sheriff of thesupreme court.
As added by P.L.98-2004, SEC.3.
IC 33-24-5-6
Postage on process, rules, or orders
Sec. 6. The sheriff of the supreme court must pay both theoutgoing and return postage on process, rules, or orders issued by thecourt and recover the funds expended on postage as part of the costsof the proceeding.
As added by P.L.98-2004, SEC.3.
IC 33-24-5-7
Coroner to act as deputy
Sec. 7. The sheriff of the supreme court may require the coronerof any county to act as the sheriff of the supreme court's deputywhere the sheriff of that county is an interested party.
As added by P.L.98-2004, SEC.3.
IC 33-24-5-8
Penalties and liabilities
Sec. 8. The sheriff of the supreme court is subject to all thepenalties and liabilities of sheriffs of the circuit courts.
As added by P.L.98-2004, SEC.3.
IC 33-24-5-9
Compensation for fuel, stationery, and extra services
Sec. 9. (a) The supreme court must allow the sheriff of thesupreme court reasonable compensation for fuel, stationery, andextra services. The sheriff of the supreme court may file a statementverified by an oath administered by the clerk of the court specifyingeach expenditure eligible for compensation.
(b) The compensation allowed to the sheriff of the supreme courtby the court shall be entered on the order book of the court. On thepresentation of a certified copy of an order for compensation,attested with the seal of the court, to the auditor of state, the auditorof state shall issue a warrant for the payment of compensation to thesheriff to the treasurer of state.
As added by P.L.98-2004, SEC.3.