CHAPTER 18. DELAWARE COUNTY
IC 33-33-18
Chapter 18. Delaware County
IC 33-33-18-1
Judicial circuit
Sec. 1. Delaware County constitutes the forty-sixth judicialcircuit.
As added by P.L.98-2004, SEC.12.
IC 33-33-18-2
Jurisdiction; dockets
Sec. 2. (a) The Delaware circuit court is a court of generaljurisdiction with five (5) judges. The divisions of the court shall beknown as Delaware circuit court No. 1, No. 2, No. 3, No. 4, and No.5. The county of Delaware constitutes the judicial district of thecourt and each of the court's divisions. The court shall maintain thefollowing dockets:
(1) Small claims.
(2) Minor offenses and violations.
(3) Criminal.
(4) Juvenile.
(5) Civil.
(6) Probate.
(b) The assignment of judges of the court to the dockets specifiedin subsection (a) shall be by rule of the court. However, Delawarecircuit court No. 4 and Delaware circuit court No. 5 shall each havea standard small claims and misdemeanor docket.
As added by P.L.98-2004, SEC.12.
IC 33-33-18-3
Presiding judge
Sec. 3. The judges of the Delaware circuit court shall select fromamong themselves a presiding judge of the court. The presidingjudge shall be selected for a minimum term of twelve (12) months.
As added by P.L.98-2004, SEC.12.
IC 33-33-18-4
Concerted action of judges; majority rule
Sec. 4. When action of the entire court is required, includingselection of a presiding judge under section 3 of this chapter andadoption of rules under section 6 of this chapter, the judges of thecourt shall act in concert. If the judges disagree, the decision of themajority of the judges controls.
As added by P.L.98-2004, SEC.12.
IC 33-33-18-5
Presiding judge; duties
Sec. 5. In accordance with rules adopted by the judges of theDelaware circuit court under section 6 of this chapter, the presidingjudge shall do the following: (1) Ensure that the court operates efficiently and judicially.
(2) Annually submit to the fiscal body of Delaware County abudget for the court, including amounts necessary for thefollowing:
(A) Operation of the Delaware circuit court's probationdepartment.
(B) Defense of indigents.
(C) Maintenance of an adequate law library.
(3) Make appointments or selections required of a circuit orsuperior court judge.
As added by P.L.98-2004, SEC.12.
IC 33-33-18-6
Rules for administration of court
Sec. 6. (a) The judges of the Delaware circuit court shall adoptrules to provide for the administration of the court, including rulesgoverning the following:
(1) Allocation of case load.
(2) Legal representation for indigents.
(3) Budgetary matters of the court.
(4) Operation of the probation department.
(5) Term of administration of the presiding judge.
(6) Employment and management of court personnel.
(7) Cooperative efforts with other courts for establishing andadministering shared programs and facilities.
(b) The court shall file with the division of state courtadministration a copy of the rules adopted under this section.
As added by P.L.98-2004, SEC.12.
IC 33-33-18-7
Personnel
Sec. 7. (a) Each judge of the Delaware circuit court may, subjectto the budget approved for the court by the fiscal body of DelawareCounty, employ personnel necessary for the proper administration ofthe judge's docket.
(b) Personnel employed under this section:
(1) include court reporters, bailiffs, clerical staff, and anyadditional officers necessary for the proper administration ofthe court; and
(2) are subject to the rules concerning employment andmanagement of court personnel adopted by the court undersection 6 of this chapter.
(c) A commissioner is entitled to practice law in any division ofthe court in which the commissioner does not have appointivejudicial authority. A commissioner has judicial authority only in thedivision of the court presided over by the judge who appointed thecommissioner.
As added by P.L.98-2004, SEC.12.
IC 33-33-18-8 Court administrator
Sec. 8. (a) The Delaware circuit court may appoint a courtadministrator subject to the budget approved for the court by thefiscal body of Delaware County.
(b) A court administrator appointed under this section is subjectto the rules concerning employment and management of courtpersonnel adopted by the court under section 6 of this chapter.
As added by P.L.98-2004, SEC.12.