CHAPTER 3. JUDGES
IC 33-30-3
Chapter 3. Judges
IC 33-30-3-1
Age qualification
Sec. 1. A person may not run for judge of a county court if theperson will be at least seventy (70) years of age before the personbegins the person's term of office. The chief justice of the state mayauthorize a retired judge due to age to perform temporary judicialduties in a county court.
As added by P.L.98-2004, SEC.9.
IC 33-30-3-2
General qualifications
Sec. 2. To be eligible to serve as a county court judge, a personmust:
(1) meet the qualifications prescribed by IC 3-8-1-18; and
(2) be a resident of the county that the county court judgeserves.
As added by P.L.98-2004, SEC.9.
IC 33-30-3-3
Election
Sec. 3. (a) The number of county court judges required byIC 33-30-2 shall be elected under IC 3-10-2-11 by the voters of eachcounty or by the voters of two (2) counties if a judge is required toserve two (2) counties. The term of office of a county court judge issix (6) years, beginning on January 1 after election and continuinguntil a successor is elected and qualified.
(b) In any county for which IC 33-30-2 provides more than one (1)judge of the county court, the county election board shall assign anumber to each division of the court. After the assignment, anycandidate for judge of the county court must file a declaration ofcandidacy under IC 3-8-2 or petition of nomination under IC 3-8-6for one (1) specified division of the court. Each division of the courtshall be listed separately on the election ballot in the form prescribedby IC 3-10-1-19 and IC 3-11.
As added by P.L.98-2004, SEC.9. Amended by P.L.58-2005, SEC.32.
IC 33-30-3-4
Judicial duties; practice of law
Sec. 4. A judge of a county court:
(1) shall devote full time to the judge's judicial duties; and
(2) may not engage in the practice of law.
As added by P.L.98-2004, SEC.9.
IC 33-30-3-5
Judge's schedule
Sec. 5. If a county court judge serves two (2) counties thatcoincide with the boundaries of a joint judicial circuit, the county
court judge shall coordinate the judge's schedule with that of thecircuit court judge to ensure, as far as practicable, the location of afull-time judge in each county.
As added by P.L.98-2004, SEC.9.
IC 33-30-3-6
Judicial conference of Indiana membership
Sec. 6. The judges of a county court shall be members of thejudicial conference of Indiana established by IC 33-38-9-3.
As added by P.L.98-2004, SEC.9.
IC 33-30-3-7
Judges' retirement fund participation
Sec. 7. Each judge of a county court shall be a participant in thejudges' retirement fund under IC 33-38.
As added by P.L.98-2004, SEC.9.
IC 33-30-3-8
Disqualification of judge
Sec. 8. A judge is disqualified from acting as a judicial officer,without loss of salary, while there is pending:
(1) an indictment or information charging the judge in any courtin the United States with a crime punishable as a felony underthe laws of the state or the United States; or
(2) a recommendation to the supreme court by the commissionon judicial qualifications for the judge's removal or retirement.
As added by P.L.98-2004, SEC.9.
IC 33-30-3-9
Commission on judicial qualifications
Sec. 9. (a) The commission on judicial qualifications shall serveas the commission on judicial qualifications for judges of the countycourt.
(b) The procedures and practices provided by IC 33-38-13 for theorganization and operation of the commission on judicialqualifications shall govern the practice and procedure in allproceedings brought under this section.
As added by P.L.98-2004, SEC.9.
IC 33-30-3-10
Suspension of judge
Sec. 10. (a) On recommendation of the commission on judicialqualifications or on a supreme court motion, the supreme court maysuspend a judge from office without salary when, in any court in theUnited States, the judge:
(1) pleads guilty to;
(2) pleads no contest to; or
(3) is found guilty of;
a crime punishable as a felony under the laws of a state or the UnitedStates or any crime that involves moral turpitude under the law. (b) If the judge's conviction is reversed, the suspension terminates,and the judge shall be paid the judge's salary for the period ofsuspension.
(c) If the judge is suspended and the judge's conviction becomesfinal, the supreme court shall remove the judge from office.
As added by P.L.98-2004, SEC.9.
IC 33-30-3-11
Retirement; censure; removal
Sec. 11. (a) On recommendation of the commission on judicialqualifications, the supreme court may:
(1) retire a judge for a disability that seriously interferes withthe performance of the judge's duties and is or is likely tobecome permanent; and
(2) censure or remove a judge for action occurring not morethan six (6) years before the commencement of the judge'scurrent term when the action constitutes:
(A) willful misconduct in office;
(B) willful and persistent failure to perform the judge'sduties;
(C) habitual intemperance; or
(D) conduct prejudicial to the administration of justice thatbrings that judicial office into disrepute.
(b) Upon receipt by the supreme court of a recommendation, thesupreme court shall hold a hearing and make a requireddetermination. The judge is entitled to be present at the hearing.
(c) A judge retired by the supreme court is considered to haveretired voluntarily.
(d) A judge removed by the supreme court is ineligible for judicialoffice and, pending further order of the court, is suspended frompracticing law in Indiana. A judge removed forfeits the judge'sinterest in the judges' retirement system or to an annuity under thatlaw, except for the right of return of contributions made by the judge,plus accrued interest.
As added by P.L.98-2004, SEC.9.
IC 33-30-3-12
Repealed
(Repealed by P.L.234-2007, SEC.220.)