CHAPTER 10. CLARK COUNTY

IC 33-33-10
    Chapter 10. Clark County

IC 33-33-10-1
Application
    Sec. 1. IC 33-29-1 does not apply to this chapter.
As added by P.L.98-2004, SEC.12.

IC 33-33-10-2
Appointment; magistrates
    Sec. 2. (a) Clark County constitutes the fourth judicial circuit.
    (b) The judges of the Clark circuit court and Clark superior courtmay jointly appoint two (2) full-time magistrates under IC 33-23-5to serve the circuit and superior courts.
    (c) A magistrate continues in office until removed by the judgesof the Clark circuit and superior courts.
As added by P.L.98-2004, SEC.12. Amended by P.L.234-2007,SEC.215.

IC 33-33-10-3
Establishment of superior courts; qualifications of judges
    Sec. 3. (a) There are established three (3) superior courts in ClarkCounty, each of which consists of one (1) judge, who shall hold thejudge's office for a term of six (6) years, beginning on the first dayof January after the judge's election, and until the judge's successoris elected and qualified.
    (b) To be eligible to hold office as a judge of Clark superior court,a person must be:
        (1) a resident of Clark County; and
        (2) admitted to the bar of Indiana.
As added by P.L.98-2004, SEC.12.

IC 33-33-10-4
Names; jurisdiction; judicial powers; seal
    Sec. 4. (a) The superior courts shall be known as Clark superiorcourt No. 1, Clark superior court No. 2, and Clark superior court No.3, and the county of Clark shall constitute the judicial district of eachcourt.
    (b) Each superior court shall be a court of record having the samejurisdiction as the circuit court. A judge of the superior court has thesame powers relating to the conduct of business of the court as thejudge of the circuit court.
    (c) Each court shall have a seal containing the words "ClarkSuperior Court _________ (insert "No. 1", "No. 2", or "No. 3") ofClark County, Indiana".
    (d) Clark superior court No. 3 has a standard small claims andmisdemeanor docket.
As added by P.L.98-2004, SEC.12.

IC 33-33-10-5 Rules
    Sec. 5. Each judge of a superior court may make and adopt rulesand regulations for conducting the business of the judge's court, notrepugnant to Indiana law.
As added by P.L.98-2004, SEC.12.

IC 33-33-10-6
Judicial powers
    Sec. 6. Each judge of a superior court has the same power to grantrestraining orders and injunctions, to issue writs of habeas corpusand of mandate and prohibition, to appoint receivers, mastercommissioners to convey real property, and to grant commissions forthe examination of witnesses, and to appoint other officers necessaryto facilitate and transact the business of the court as is conferred oncircuit courts or the judges of circuit courts.
As added by P.L.98-2004, SEC.12.

IC 33-33-10-7
Location of court sessions
    Sec. 7. Each superior court of Clark County shall hold its sessionsat the courthouse of the county, or at other convenient places as thecourt designates in the county. The county commissioners shallprovide suitable quarters for each court.
As added by P.L.98-2004, SEC.12.

IC 33-33-10-8
Books, papers, and records of courts
    Sec. 8. The clerk, under the direction of a judge of the superiorcourt, shall provide order books, judgment dockets, executiondockets, fee books, and such other books, papers and records as arenecessary for that court, and all books, papers, and proceedings ofthat court shall be kept distinct and separate from those of othercourts, and the records of all civil cases separate and apart from therecords of juvenile matters.
As added by P.L.98-2004, SEC.12.

IC 33-33-10-9
Bailiff
    Sec. 9. Each judge of a superior court shall appoint a bailiff forthe court, whose salary shall be fixed and paid as provided by law.
As added by P.L.98-2004, SEC.12.

IC 33-33-10-10
Court reporter
    Sec. 10. Each judge of a superior court shall appoint a courtreporter, whose duties, salary, and term, shall be regulated in thesame manner as the court reporter of circuit courts.
As added by P.L.98-2004, SEC.12.

IC 33-33-10-11 Law governing practice and procedure
    Sec. 11. All laws governing the circuit court in matters ofpleading, practice, the issuing and service of process, the giving ofnotice, the appointment of judges pro tempore and special judges,changes of venue from the judge and from the county, adjournmentsby the court and by the clerk in the absence of the judge, and theselection of jurors for the court are applicable to and govern thecourts established under this chapter.
As added by P.L.98-2004, SEC.12. Amended by P.L.118-2007,SEC.23.

IC 33-33-10-12
Process of court
    Sec. 12. The process of each superior court must have the sealaffixed and be attested, directed, served, and returned, and be in formas is provided for process issuing from the circuit court.
As added by P.L.98-2004, SEC.12.

IC 33-33-10-13
Change of venue; transfer of case
    Sec. 13. When an affidavit for a change of venue is filed in asuperior court for any of the causes described in IC 34-35-1-1(1),IC 34-35-1-1(2), IC 34-35-1-1(6), or IC 34-35-1-1(7):
        (1) a judge of a circuit court or superior court or a competentattorney shall be called to hear and determine the cause asprovided by law for changes of venue in causes pending in thecircuit court; or
        (2) the cause may be certified to the Clark circuit court or aClark superior court, in the discretion of the judge of thesuperior court. The original papers shall be transferred to thecourt. A transcript is not necessary. The circuit court hasjurisdiction to hear and determine the cause and renderjudgment.
If the cause alleged in the affidavit is embraced in IC 34-35-1-1(3),IC 34-35-1-1(4), and IC 34-35-1-1(5), the change shall be granted,and the cause directed to the circuit or superior court of anothercounty, as provided in cases of changes of venue from the circuitcourt, and the court to which the case is sent has jurisdiction to hearand determine the cause and render judgment.
As added by P.L.98-2004, SEC.12.

IC 33-33-10-14
Repealed
    (Repealed by P.L.118-2007, SEC.38.)

IC 33-33-10-15
Transfer of actions; judge of one court sitting in another
    Sec. 15. (a) The judge of the Clark circuit court may, with theconsent of a judge of the superior court, transfer any action orproceeding from the circuit court to that superior court. The judge of

a superior court may, with the consent of the judge of the circuitcourt, transfer any action or proceeding from that superior court tothe circuit court. The judge of a superior court may, with the consentof the judge of the other superior court, transfer any action orproceeding from that superior court to the other superior court.
    (b) The judge of the Clark circuit court may, with the consent ofthe judge of the superior court, sit as a judge of that superior court inany matter, as if the judge were an elected judge of that superiorcourt. The judge of a superior court may, with consent of the judgeof the circuit court, sit as a judge of the circuit court as if the judgewere an elected judge of the circuit court. The judge of a superiorcourt may, with the consent of the judge of the other superior court,sit as judge of the other superior court as if the judge were theelected judge of that superior court.
As added by P.L.98-2004, SEC.12.