CHAPTER 2. ALLEN COUNTY
IC 33-33-2
Chapter 2. Allen County
IC 33-33-2-1
Application
Sec. 1. IC 33-29-1 does not apply to this chapter.
As added by P.L.98-2004, SEC.12.
IC 33-33-2-2
Judicial circuit
Sec. 2. Allen County constitutes the thirty-eighth judicial circuit.
As added by P.L.98-2004, SEC.12.
IC 33-33-2-3
Magistrate
Sec. 3. The judge of the Allen circuit court may appoint one (1)full-time magistrate under IC 33-23-5. The magistrate continues inoffice until removed by the judge.
As added by P.L.98-2004, SEC.12.
IC 33-33-2-4
Paternity actions; hearing officer
Sec. 4. (a) The Allen circuit court has concurrent jurisdiction withthe Allen superior court concerning paternity actions.
(b) In addition to the magistrate appointed under section 3 of thischapter, the judge of the Allen circuit court may appoint a hearingofficer with the powers of a magistrate under IC 33-23-5. Thehearing officer continues in office until removed by the judge.
(c) The salary of a hearing officer appointed under subsection (b)is equal to that of a magistrate under IC 33-23-5. The hearingofficer's salary must be paid by the county. The hearing officer is acounty employee.
As added by P.L.98-2004, SEC.12.
IC 33-33-2-5
Establishment of superior court
Sec. 5. (a) There is established a superior court in Allen County.
(b) The superior court shall be known as the Allen superior court.
(c) The Allen superior court is a court of record, and itsjudgments, decrees, orders, and proceedings have the same force andeffect and shall be enforced in the same manner as those of the Allencircuit court.
As added by P.L.98-2004, SEC.12.
IC 33-33-2-6
Seal
Sec. 6. The Allen superior court shall have a seal consisting of acircular disk containing the words, "Allen Superior Court","Indiana", and "Seal", in a design as the court may determine. Animpression of the seal shall be spread of record upon the order book
of the superior court.
As added by P.L.98-2004, SEC.12.
IC 33-33-2-7
Location of superior court sessions
Sec. 7. (a) The Allen superior court shall hold its sessions in:
(1) the Allen County courthouse in Fort Wayne; and
(2) in other places in Allen County as the court may determine.
(b) The board of county commissioners of Allen County shallprovide and maintain in the courthouse and at other places in AllenCounty as the court may determine:
(1) suitable and convenient courtrooms for the holding of thecourt;
(2) suitable and convenient jury rooms and offices for thejudges and other court officers and personnel; and
(3) other facilities as may be necessary.
(c) The board of county commissioners of Allen County shall alsoprovide all necessary furniture and equipment for rooms and officesof the court.
As added by P.L.98-2004, SEC.12.
IC 33-33-2-8
Judges; divisions
Sec. 8. (a) The Allen superior court consists of nine (9) judges asfollows:
(1) Two (2) judges serve in the family relations division.
(2) Three (3) judges serve in the criminal division.
(3) Four (4) judges serve in the civil division.
A newly elected or appointed judge assumes the division assignmentof the judge whom the judge replaces.
(b) If in the opinion of a majority of the judges there is an unduedisparity in the number of cases in any division, the chief judge mayassign specific cases normally assigned to that division to a judge inanother division as directed by a majority of the judges.
(c) During the period under IC 3-8-2-4 in which a declaration ofcandidacy may be filed for a primary election, any person desiring tobecome a candidate for one (1) of the Allen superior court judgeshipsmust file with the election division a declaration of candidacyadapted from the form prescribed under IC 3-8-2 that:
(1) is signed by the candidate; and
(2) designates the division and the name of the incumbent judgeof the judgeship that the candidate seeks.
(d) A petition without the designation required under subsection(c) shall be rejected by the election division (or by the Indianaelection commission under IC 3-8-1-2).
(e) If an individual who files a declaration under subsection (c)ceases to be a candidate after the final date for filing a declarationunder subsection (c), the election division may accept the filing ofadditional declarations of candidacy for that seat not later than noonon August 1.As added by P.L.98-2004, SEC.12.
IC 33-33-2-9
Judicial candidates; terms
Sec. 9. (a) All candidates for each respective Allen superior courtjudgeship shall be listed on the general election ballot in the formprescribed by IC 3-11, without party designation. The candidatereceiving the highest number of votes for each judgeship shall beelected to that office.
(b) IC 3, except where inconsistent with this chapter, applies toelections held under this chapter.
(c) The term of each Allen superior court judge:
(1) begins January 1 following election and ends December 31following the election of a successor; and
(2) is six (6) years.
As added by P.L.98-2004, SEC.12. Amended by P.L.58-2005,SEC.33.
IC 33-33-2-10
Candidate for judge; qualifications
Sec. 10. (a) To qualify as a candidate for Allen superior courtjudge, a person:
(1) must be a citizen of the United States domiciled in AllenCounty;
(2) must have at least five (5) years active practice of law,including cases involving matters assigned to the division inwhich the person would serve as judge;
(3) may not previously have had any disciplinary sanctionimposed upon the person by the supreme court disciplinarycommission of Indiana or any similar body in another state; and
(4) may not previously have been convicted of any felony.
(b) If a person does not qualify under subsection (a), the personmay not be listed on the ballot as a candidate. However, anindividual who was a judge of the court on January 1, 1984, does nothave to comply with subsection (a)(2).
As added by P.L.98-2004, SEC.12.
IC 33-33-2-11
Limits on acceptance of contributions
Sec. 11. A judge or candidate for judge of the Allen superior courtmay not:
(1) accept a contribution (as defined in IC 3-5-2-15) from anypolitical party, political action committee (as defined inIC 3-5-2-37), or regular party committee (as defined inIC 3-5-2-42); or
(2) accept more than a total of ten thousand dollars ($10,000) incontributions from all sources to pay expenses connected withthe candidate's candidacy.
As added by P.L.98-2004, SEC.12.
IC 33-33-2-12
Rules and regulations; incidental powers of judges
Sec. 12. (a) The Allen superior court:
(1) may make and adopt rules and regulations for conductingthe business of the court, not repugnant to Indiana laws and therules of the supreme court; and
(2) has all the powers incident to a court of record in relation tothe attendance of witnesses, the punishment of contempts, andthe enforcement of its orders.
(b) The judges of the superior court may administer oaths,solemnize marriages, take and certify acknowledgments of deeds,and all legal instruments, and give all necessary certificates for theauthentication of the records and proceedings in the court.
As added by P.L.98-2004, SEC.12.
IC 33-33-2-13
Orders, writs, appointments, and commissions
Sec. 13. The Allen superior court may:
(1) grant restraining orders and injunctions;
(2) issue writs of habeas corpus;
(3) appoint receivers, masters, and commissioners to conveyreal property and to grant commissions for the examination ofwitnesses; and
(4) appoint other officers necessary to facilitate and transact thebusiness of the court;
as conferred on circuit courts or the judges of circuit courts.
As added by P.L.98-2004, SEC.12.
IC 33-33-2-14
Personnel
Sec. 14. (a) The Allen superior court may appoint probatecommissioners, juvenile referees, bailiffs, court reporters, probationofficers, and other personnel, including an administrative officer, thecourt believes are necessary to facilitate and transact the business ofthe court.
(b) In addition to the personnel authorized under subsection (a)and IC 31-31-3, the following magistrates may be appointed:
(1) The judges of the Allen superior court-civil division mayjointly appoint not more than four (4) full-time magistratesunder IC 33-23-5 to serve the Allen superior court-civildivision. The judges of the Allen superior court-civil divisionmay jointly assign any magistrates the duties and powers of aprobate commissioner.
(2) The judge of the Allen superior court-criminal division mayjointly appoint not more than three (3) full-time magistratesunder IC 33-23-5 to serve the Allen superior court-criminaldivision. Any magistrate serves at the pleasure of, and continuesin office until jointly removed by, the judges of the division thatappointed the magistrate.
(c) All appointments made under this section must be made
without regard to the political affiliation of the appointees. Thesalaries of the personnel shall be fixed and paid as provided by law.If the salaries of any of the personnel are not provided by law, theamount and time of payment of the salaries shall be fixed by thecourt, to be paid out of the county treasury by the county auditor,upon the order of the court, and be entered of record. The officersand persons appointed shall perform duties as are prescribed by thecourt. Any administrative officer appointed by the court shall operateunder the jurisdiction of the chief judge and serve at the pleasure ofthe chief judge. Any probate commissioners, magistrates, juvenilereferees, bailiffs, court reporters, probation officers, and otherpersonnel appointed by the court serve at the pleasure of the court.
(d) Any probate commissioner appointed by the court may bevested by the court with all suitable powers for the handling andmanagement of the probate and guardianship matters of the court,including the fixing of all bonds, the auditing of accounts of estatesand guardianships and trusts, acceptance of reports, accounts, andsettlements filed in the court, the appointment of personalrepresentatives, guardians, and trustees, the probating of wills, thetaking and hearing of evidence on or concerning such matters, or anyother probate, guardianship, or trust matters in litigation before thecourt, the enforcement of court rules and regulations, the making ofreports to the court concerning the probate commissioner's actionsunder this subsection, including the taking and hearing of evidencetogether with the commissioner's findings and conclusions regardingthe evidence. However, all matters under this subsection are underthe final jurisdiction and decision of the judges of the court.
(e) A juvenile referee appointed by the court may be vested by thecourt with all suitable powers for the handling and management ofthe juvenile matters of the court, including the fixing of bonds, thetaking and hearing of evidence on or concerning any juvenile mattersin litigation before the court, the enforcement of court rules andregulations, and the making of reports to the court concerning thereferee's actions under this subsection. The actions of a juvenilereferee under this subsection are under final jurisdiction and decisionof the judges of the court.
(f) A probate commissioner or juvenile referee may:
(1) summon witnesses to testify before the commissioner orjuvenile referee; and
(2) administer oaths and take acknowledgments;
to carry out the commissioner's or juvenile referee's duties andpowers.
As added by P.L.98-2004, SEC.12. Amended by P.L.1-2007,SEC.216; P.L.127-2008, SEC.9.
IC 33-33-2-15
Salary of juvenile referee
Sec. 15. Each juvenile referee appointed under section 14 of thischapter who:
(1) is appointed by the court to serve as a full-time referee; and (2) does not practice law during the referee's term as referee;
is entitled to receive an annual salary as provided in IC 33-38-5-7.
As added by P.L.98-2004, SEC.12.
IC 33-33-2-16
Clerk and sheriff
Sec. 16. The clerk of the Allen circuit court and the sheriff ofAllen County shall be the clerk and sheriff of the Allen superiorcourt.
As added by P.L.98-2004, SEC.12.
IC 33-33-2-17
Clerk and sheriff; duties, liabilities, fees, and procedure
Sec. 17. (a) The clerk and sheriff shall attend the Allen superiorcourt and discharge all the duties pertaining to their respectiveoffices as they are required to do by law in the circuit court.
(b) All laws prescribing the duties and liabilities of clerk andsheriff and the mode of proceeding against them, or either of them,for neglect of official duty, allowing fees, and providing for thecollection fees in the circuit court, apply to the Allen superior court.
(c) In a case in the Allen superior court based upon a violation ofa city ordinance where fines or forfeitures are adjudged against aparty:
(1) the fines or forfeitures shall be paid to and collected by theclerk and regularly remitted to the city clerk of the city thatissued the ordinance; and
(2) the city clerk shall disburse the fines or forfeitures asrequired by law.
Payment of fines for admitted parking violations shall be made to thecity clerk of the city that issued the ordinances concerning parkingviolations.
As added by P.L.98-2004, SEC.12.
IC 33-33-2-18
Record books and dockets
Sec. 18. The clerk, under the direction of the Allen superior court,shall provide:
(1) order books;
(2) judgment dockets;
(3) execution dockets;
(4) fee books; and
(5) other books, papers, and records;
as are necessary for the court. All books, papers, and proceedings ofthe court shall be kept distinct and separate from those of othercourts.
As added by P.L.98-2004, SEC.12.
IC 33-33-2-19
Single order book
Sec. 19. The Allen superior court shall maintain a single order
book for the entire court. The order book may be signed on behalf ofthe court by any of the judges of the court. The signature constitutesauthentication of the actions of each judge in the court.
As added by P.L.98-2004, SEC.12.
IC 33-33-2-20
Jurisdiction
Sec. 20. (a) The Allen superior court has the same jurisdiction asthe Allen circuit court. Except as provided in subsection (b), thesuperior court has exclusive juvenile jurisdiction in Allen County.
(b) The Allen superior court has concurrent jurisdiction with theAllen circuit court concerning paternity actions.
As added by P.L.98-2004, SEC.12.
IC 33-33-2-21
Fees
Sec. 21. The same fees shall be taxed in the Allen superior courtas are provided by law to be taxed in the Allen circuit court. Whencollected in the Allen superior court, the fees shall be disbursed inthe same manner as similar fees are disbursed in the Allen circuitcourt.
As added by P.L.98-2004, SEC.12.
IC 33-33-2-22
Laws applicable to superior court
Sec. 22. All laws of the state and rules adopted by the supremecourt governing the Allen circuit court in matters of pleading,practice, the issuing and service of process, the giving of notice, theappointing of judges pro tempore and special judges, changes ofvenue from the judge and from the county, adjournments by the courtand by the clerk in the absence of the judge, and the selection ofjurors for the court apply to and govern the Allen superior court.
As added by P.L.98-2004, SEC.12.
IC 33-33-2-23
Repealed
(Repealed by P.L.118-2007, SEC.38.)
IC 33-33-2-24
Fees of jurors and witnesses
Sec. 24. Jurors and witnesses in attendance upon the Allensuperior court shall receive the same fees as are provided for by lawfor jurors and witnesses in the circuit court.
As added by P.L.98-2004, SEC.12.
IC 33-33-2-25
Transfer of cases from circuit court
Sec. 25. The judge of the Allen circuit court may, with the consentof the Allen superior court, transfer any action, cause, or proceedingfiled and docketed in the circuit court to the superior court by
transferring all original papers and instruments filed in the action,cause, or proceeding without a further transcript to be redocketed anddisposed of as if originally filed with the Allen superior court.
As added by P.L.98-2004, SEC.12.
IC 33-33-2-26
Transfer of cases to circuit court
Sec. 26. Any judge of the Allen superior court may, with theconsent of the judge of the Allen circuit court, transfer any action,cause, or proceeding filed and docketed in the superior court to thecircuit court by transferring all original papers and instruments filedin the action, cause, or proceeding without further transcript thereofto be redocketed and disposed of as if originally filed with the circuitcourt.
As added by P.L.98-2004, SEC.12.
IC 33-33-2-27
Authority of circuit judge to sit in superior court
Sec. 27. The judge of the Allen circuit court may sit as a judge ofthe superior court, with the superior court's permission, in all matterspending before the superior court, without limitation and without anyfurther order, in the same manner as if the circuit court judge werea judge of the superior court with all the rights and powers as if thecircuit court judge were appointed judge of the superior court.
As added by P.L.98-2004, SEC.12.
IC 33-33-2-28
Appeals
Sec. 28. Any party may appeal from any order or judgment of thesuperior court in any case where an appeal may be had from a similarorder or judgment of the circuit court.
As added by P.L.98-2004, SEC.12.
IC 33-33-2-29
Process
Sec. 29. The process of the Allen superior court must have theseal affixed and be attested, directed, served, and returned, and be inthe form as is provided for process issuing from the circuit court.
As added by P.L.98-2004, SEC.12.
IC 33-33-2-30
Board of judges
Sec. 30. (a) The Allen superior court shall be governed andoperated by a board of judges composed of all the judges of thesuperior court. Six (6) judges are required for a quorum forconducting business and as a majority for taking action. Every two(2) years the board of judges shall elect a chief judge to carry outministerial functions of representation as the board of judgesperiodically determines by a majority of the board's members.
(b) Matters of administration, budget, expenditures, policy, and
procedure affecting the entire superior court shall be determined bya majority of the board of judges. Any determination binds the entireboard of judges and each judge of the board.
(c) One (1) budget covering all the divisions of the superior courtshall be prepared for the superior court and submitted to the countyfiscal body. However, each division shall prepare its own budget asa component of the superior court's total budget.
As added by P.L.98-2004, SEC.12.
IC 33-33-2-31
Divisions of the court
Sec. 31. (a) The court, by rules adopted by the Allen superiorcourt, shall divide the work of the court into the following divisions:
(1) A family relations division.
(2) A criminal division (including a standard minor offensesand violations docket under IC 33-29-2-8).
(3) A civil division (including a standard small claims docketunder IC 33-29-2-4).
(b) Cases involving juvenile matters shall be assigned to thefamily relations division.
(c) Cases involving matters specified in IC 33-29-2-8 shall beassigned to the criminal division.
(d) Cases involving matters specified in IC 33-29-2-4 shall beassigned to the small claims docket in the civil division.
(e) The work of each division may be divided further by rulesadopted by the court.
(f) Every two (2) years each division of the court shall elect anadministrative judge for that division. The administrative judge shallcarry out ministerial, administrative, and assignment functions as areperiodically determined by a majority of the judges of that division.
(g) Matters of administration, budget, expenditures, policy, andprocedure in each division shall be determined by a majority of thejudges of that division.
(h) Disputes within any division concerning administration,budget, expenditures, policy, procedure, and assignments that pertainto the division as a whole or to any individual judge of the division,that for any reason cannot be resolved by a majority of the judges inthe division, shall be submitted to the board of judges anddetermined by a majority of the board of judges.
(i) A resolution approved by a majority of the board of judges thatresolves disputes within a division must include at least one (1) ofthe judges of that division and binds all of the judges of that division.
As added by P.L.98-2004, SEC.12. Amended by P.L.1-2007,SEC.217.
IC 33-33-2-32
Judicial nominating commission; establishment
Sec. 32. (a) There is established a judicial nominating commissionfor the Allen superior court.
(b) The board of county commissioners of Allen County shall
provide all facilities, equipment, supplies, and services necessary forthe administration of the duties of the commission.
(c) The members of the commission serve without compensation.However, the board of commissioners shall reimburse members ofthe commission for actual expenses incurred in performing theirduties.
As added by P.L.98-2004, SEC.12.
IC 33-33-2-33
Judicial nominating commission; membership
Sec. 33. (a) The judicial nominating commission consists of seven(7) members, the majority of whom shall form a quorum. The chiefjustice of the supreme court (or a justice of the supreme court orjudge of the court of appeals designated by the chief justice) shall bea member and shall act as chairman. Persons who are admitted to thepractice of law and who reside in Allen County shall, under sections35 and 36 of this chapter, elect three (3) members to serve on thecommission. The governor shall appoint to the commission three (3)residents of Allen County who are not admitted to the practice oflaw. However, not more than two (2) of these appointees may befrom the same political party. If the governor fails to appoint any ofthe nonattorney commission members within the time required undersection 34 of this chapter, the appointment shall be made by the chiefjustice of the supreme court.
(b) A member of the commission other than a judge or justice maynot hold any other salaried public office, and a member may not holdan office in a political party or organization. A member of thecommission is ineligible for appointment to a judicial office in AllenCounty while the member is a member of the commission and forthree (3) years thereafter. If any member of the commission otherthan a judge or justice terminates the member's residence in AllenCounty, the member is considered to have resigned from thecommission.
As added by P.L.98-2004, SEC.12.
IC 33-33-2-34
Judicial nominating commission; nonattorney members
Sec. 34. (a) The governor shall appoint the three (3) nonattorneymembers of the commission.
(b) One (1) month before the expiration of a term of office of anonattorney commissioner, the governor shall:
(1) reappoint the commissioner; or
(2) appoint a replacement.
All appointments shall be certified to the secretary of state, the clerkof the supreme court, and the clerk of Allen superior court not morethan ten (10) days after the appointment.
(c) After their initial terms, the governor shall appoint eachnonattorney commissioner for a term of four (4) years.
(d) When a vacancy occurs in the office of a nonattorneycommissioner, the chairman of the commission shall promptly notify
the governor in writing of that fact. Vacancies in the office ofnonattorney commissioners shall be filled by appointment of thegovernor not more than sixty (60) days after the governor has noticeof the vacancy. The nonattorney commissioner appointed shall serveduring the unexpired term of the member whose vacancy thenonattorney commissioner has filled.
As added by P.L.98-2004, SEC.12.
IC 33-33-2-35
Judicial nominating commission; attorney members
Sec. 35. (a) Persons who are admitted to the practice of law andwho reside in Allen County (referred to as "attorney electors") shallelect three (3) members to serve on the commission. The term ofoffice of each elected attorney member is four (4) years, commencingon the first day of October following the member's election. Theelection day is the first Tuesday in September 1983, and every four(4) years thereafter. During the month before the expiration of eachattorney commissioner's term of office, an election shall be held tofill the succeeding four (4) year term of office.
(b) Except when a term of office has less than ninety (90) daysremaining, vacancies in the office of an attorney commissioner shallbe filled for the unexpired term by a special election.
As added by P.L.98-2004, SEC.12.
IC 33-33-2-36
Judicial nominating commission; election of attorney members
Sec. 36. The attorney members of the commission shall be electedby the following process:
(1) The clerk of the superior court shall, at least ninety (90)days before the date of election, notify all attorneys in AllenCounty of the election by mail, informing them thatnominations must be made to the clerk of the superior court atleast sixty (60) days before the election.
(2) A nomination in writing, accompanied by a signed petitionof ten (10) attorney electors and the written consent of thequalified nominee, shall be filed by an attorney elector in theoffice of the clerk at least sixty (60) days before the election.
(3) The clerk shall prepare and print ballots containing thenames and residential addresses of all attorney nominees whosewritten nominations, petitions, and written statements ofconsent have been received sixty (60) days before the election.
(A) The ballot must read:
"ALLEN SUPERIOR COURT
NOMINATING COMMISSION BALLOT
To be cast by individuals residing in Allen County and admittedto the practice of law in Indiana. Vote for not more than three (3) ofthe following candidates for terms commencing __________.
(Name) (Address)
(Name) (Address)
(etc.) (etc.) To be counted, this ballot must be completed, the accompanyingcertificate completed and signed, and both together mailed ordelivered to the clerk of the Allen Superior Court not later than______________.
DESTROY BALLOT IF NOT USED".
(B) The three (3) nominees receiving the most votes areelected.
(4) The clerk shall also supply with each ballot distributed bythe clerk a certificate, to be completed and signed and returnedby the attorney elector voting the ballot, certifying that theattorney elector is admitted to the practice of law in Indiana,that the attorney elector resides in Allen County, and that theattorney elector voted the ballot returned. A ballot notaccompanied by the signed certificate of the voter may not becounted.
(5) A separate envelope shall be provided by the clerk for theballot, in which only the voted ballot is to be placed. Thisenvelope may not be opened until the counting of the ballots.
(6) The clerk of the superior court shall mail a ballot and itsaccompanying material to all qualified electors at least two (2)weeks before the date of election.
(7) Upon receiving the completed ballots and the accompanyingcertificates, the clerk shall ensure that the certificates have beencompleted in compliance with this chapter. All ballots that areaccompanied by a valid certificate shall be placed in a packagedesignated to contain ballots. All accompanying certificatesshall be placed in a separate package.
(8) The clerk, with the assistance of the Allen County electionboard, shall open and canvass all ballots after 4 p.m. on the dayof the election in the office of the clerk of the Allen superiorcourt. A ballot received after 4 p.m. may not be counted unlessthe chairman of the judicial nominating commission orders anextension of time because of extraordinary circumstances. Uponcanvassing the ballots the clerk shall place all ballots in theirpackage. These, along with the certificates, shall be retained inthe clerk's office for six (6) months, and the clerk may notpermit anyone to inspect them except upon an order of the courtof appeals.
(9) If two (2) or more nominees are tied so that one (1)additional vote cast for one (1) of them would give thatnominee a plurality, the canvassers shall resolve the tie by lot,and the winner of the lot is considered to have been elected.
As added by P.L.98-2004, SEC.12.
IC 33-33-2-37
Judicial nominating commission; notification of election orappointment
Sec. 37. After:
(1) the attorney members of the commission have been elected;and (2) the names of the nonattorney commissioners appointed bythe governor have been certified to the secretary of state, theclerk of the supreme court, and the clerk of Allen superiorcourt;
the superior court clerk shall notify the members of the commissionof their election or appointment.
As added by P.L.98-2004, SEC.12.
IC 33-33-2-38
Judicial nominating commission; service; limitation
Sec. 38. (a) A member of the commission shall serve until themember's successor is appointed or elected.
(b) An attorney commissioner or nonattorney commissioner is noteligible for more than two (2) successive reelections orreappointments.
As added by P.L.98-2004, SEC.12.
IC 33-33-2-39
Vacancy in judgeship; nomination of candidates; meetings ofcommission
Sec. 39. (a) When a judge of the superior court:
(1) dies, resigns, is removed from office; or
(2) is for any reason ineligible to continue or incapable ofcontinuing in office until the end of the judge's term in office;
a judge in another division may not more than thirty (30) days afterthe vacancy occurs transfer to the vacant position for the remainderof the transferring judge's term. A judge who has made one (1)transfer is ineligible to make any other transfers. If more than one (1)judge desires to transfer, the most senior of these judges is entitledto transfer. After a transfer, or the thirty (30) day period if a transferis not made, the commission shall meet to nominate three (3)candidates to fill the unexpired term of the vacancy caused by thetransferring judge or the original vacancy if a transfer is not made.
(b) The clerk shall promptly notify the members of thecommission of a vacancy that the commission must fill undersubsection (a), and the chairman shall call a meeting of thecommission within ten (10) days following that notice. Thecommission shall submit its nominations of three (3) candidates forthe vacancy and shall certify them to the governor not later than sixty(60) days after the vacancy occurred. When it is known that avacancy will occur at a definite future date within the term of thegovernor then serving:
(1) the clerk shall notify the chairman and each member of thecommission immediately; and
(2) the chairman shall call a meeting of the commission withinten (10) days following that notice.
The commission may then submit its nominations of three (3)candidates for each impending vacancy and shall certify them to thegovernor.
(c) Meetings of the commission shall be called by its chairman,
or, if the chairman fails to call a necessary meeting, upon the call ofany four (4) members of the commission. Written notice of a meetingshall be given by mail to each member of the commission at leastfive (5) days before the meeting, unless the commission at itsprevious meeting designated the time and place of its next meeting.
(d) Meetings of the commission may be held in the Allen Countycourthouse or in another public building in Allen County designatedby the commission.
(e) The commission shall act only at a meeting and may act onlyby the concurrence of a majority of its members attending a meeting.The commission may adopt rules for the conduct of its proceedingsand the discharge of its duties.
As added by P.L.98-2004, SEC.12.
IC 33-33-2-40
Vacancy in judgeship; nomination of candidates; requirements
Sec. 40. In selecting the three (3) nominees to be submitted to thegovernor, the commission shall comply with the followingrequirements:
(1) The commission shall submit only the names of the three (3)most highly qualified candidates from among all those eligibleindividuals considered. To be eligible for nomination as a judgeof the Allen superior court, a person must meet thequalifications listed in section 10 of this chapter.
(2) As an aid in choosing the three (3) most qualifiedcandidates, the commission shall in writing evaluate eacheligible individual it considers on the following factors:
(A) Law school record, including any academic honors andachievements.
(B) Contributions to scholarly journals and publications,legislative draftings, and legal briefs.
(C) Activities in public service, including:
(i) writings and speeches concerning public or civic affairsthat are on public record, including campaign speeches orwriting, letters to newspapers, and testimony before publicagencies;
(ii) government service;
(iii) efforts and achievements in improving theadministration of justice; and
(iv) other conduct relating to the candidate's profession.
(D) Legal experience, including the number of yearspracticing law, the kind of practice involved, and reputationas a trial lawyer or judge.
(E) Probable judicial temperament.
(F) Physical condition, including age, stamina, and possiblehabitual intemperance.
(G) Personality traits, including the exercise of soundjudgment, ability to compromise and conciliate, patience,decisiveness, and dedication.
(H) Membership on boards of directors, financial interests,
and any other consideration that might create conflict ofinterest with a judicial office.
(I) Any other pertinent information that the commission feelsis important in selecting the best qualified individuals forjudicial office.
(3) An individual may not be evaluated before the individualstates in writing that the individual desires to hold a judicialoffice that is or will be created by a vacancy.
(4) The political affiliations of a candidate may not beconsidered.
As added by P.L.98-2004, SEC.12.
IC 33-33-2-41
Vacancy in judgeship; submission of list of nominees to governor
Sec. 41. The commission shall submit to the governor, with its listof nominees, its written evaluation of the qualifications of eachnominee.
As added by P.L.98-2004, SEC.12.
IC 33-33-2-42
Vacancy in judgeship; nomination of candidates; substitution ofnames
Sec. 42. (a) After the commission has nominated and submittedto the governor the names of three (3) nominees:
(1) a name may be withdrawn for a cause considered by thecommission to substantially affect the nominee's qualificationsto hold office; and
(2) another name or other names may be substituted at any timebefore the appointment is made to fill the vacancy.
(b) If a nominee dies or requests in writing that the nominee'sname be withdrawn, the commission shall nominate another personto replace the nominee.
(c) If two (2) or more vacancies exist, the commission shallnominate and submit to the governor a list of three (3) differentpersons for each of the vacancies. Before an appointment is made,the commission may withdraw the lists of nominations and changethe names of any persons nominated from one (1) list to another, ormay substitute a new name for any of those previously nominated.
As added by P.L.98-2004, SEC.12.
IC 33-33-2-43
Vacancy in judgeship; appointment from list of nominees
Sec. 43. (a) A vacancy created by a superior court judge'sdeparture from office before the expiration of the judge's term inoffice that is not filled by a transfer under section 39 of this chaptershall be filled by appointment of the governor from the list ofnominees. If the governor fails to make an appointment from the listwithin sixty (60) days after the list is presented to the governor, theappointment shall be made by the chief justice of the supreme courtfrom the same list. (b) The governor shall make all appointments to the Allensuperior court without regard to the political affiliation of any of thenominees and shall consider only those qualifications included insection 40 of this chapter.
As added by P.L.98-2004, SEC.12.
IC 33-33-2-44
Vacancy in judgeship; effective date of appointment
Sec. 44. An appointment to the Allen superior court for theremainder of a departing judge's term in office takes effectimmediately if a vacancy exists at the date of the appointment. Theappointment takes effect on the date the vacancy is created if thevacancy does not yet exist.
As added by P.L.98-2004, SEC.12.
IC 33-33-2-45
Vacancy in judgeship; appointee to serve unexpired term
Sec. 45. A judge appointed under section 43 of this chapter servesduring the unexpired part of the judge's predecessor's term in office.
As added by P.L.98-2004, SEC.12.