CHAPTER 49. MARION COUNTY
IC 33-33-49
Chapter 49. Marion County
IC 33-33-49-1
Application
Sec. 1. IC 33-29-1 does not apply to this chapter.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-2
Judicial district
Sec. 2. Marion County constitutes the nineteenth judicial circuit.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-3
"City-county council" defined
Sec. 3. As used in this chapter, "city-county council" refers to theIndianapolis, Marion County city-county council.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-4
"Clerk" defined
Sec. 4. As used in this chapter, "clerk" refers to the clerk of theMarion superior court.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-5
"Court" defined
Sec. 5. As used in this chapter, "court" refers to the Marionsuperior court.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-6
Establishment; qualification of judges; residency
Sec. 6. (a) There is established a superior court in Marion County.The court consists of:
(1) thirty-five (35) judges beginning January 1, 2007, andending December 31, 2008; and
(2) thirty-six (36) judges beginning January 1, 2009.
(b) To be qualified to serve as a judge of the court, a person mustbe, at the time a declaration of candidacy or a petition of nominationunder IC 3-8-6 is filed:
(1) a resident of Marion County; and
(2) an attorney who has been admitted to the bar of Indiana forat least five (5) years.
(c) During the term of office, a judge of the court must remain aresident of Marion County.
As added by P.L.98-2004, SEC.12. Amended by P.L.80-2006,SEC.12.
IC 33-33-49-7 Name
Sec. 7. The court must be named the Marion superior court.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-8
Seal
Sec. 8. The court must have a seal consisting of a circular diskcontaining the words, "Marion Superior Court", "Indiana", and"Seal", and a design as the court may determine, an impression ofwhich must be spread of record upon the order book of the court.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-9
Jurisdiction
Sec. 9. The court has the following jurisdiction:
(1) Concurrent and coextensive jurisdiction with the Marioncircuit court in all cases and upon all subject matters, includingcivil, criminal, juvenile, probate, and statutory cases andmatters, whether original or appellate.
(2) Original and exclusive jurisdiction in all matters pertainingto the following:
(A) The probate and settlement of decedents' estates, trusts,and guardianships.
(B) The probate of wills.
(C) Proceedings to resist the probate of wills.
(D) Proceedings to contest wills.
(E) The appointment of guardians, assignees, executors,administrators, and trustees.
(F) The administration and settlement of:
(i) estates of protected persons (as defined inIC 29-3-1-13) and deceased persons;
(ii) trusts, assignments, adoptions, and survivingpartnerships; and
(iii) all other probate matters.
(3) Original jurisdiction of all violations of Indiana law.Whenever jurisdiction is by law conferred on a small claimscourt, the court has the appellate jurisdiction provided by law.
(4) Original and exclusive juvenile jurisdiction.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-10
Court of record; force and effect of judgments, decrees, and orders
Sec. 10. The court is a court of record. The court's judgments,decrees, orders, and proceedings have the same effect and shall beenforced in the same manner as those of the circuit court.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-11
Power and authority; removal of presiding judge; incidentalpowers of judges Sec. 11. (a) The court may adopt rules for conducting the businessof the court. Except as provided in subsection (b), in all mattersaction of the court may only be taken by a vote of a majority of thejudges sitting at the time the vote is taken.
(b) Action of the court to remove the presiding judge or eitherassociate presiding judge may only be taken by a vote of two-thirds(2/3) of the judges sitting at the time the vote is taken.
(c) The court has all the powers incident to a court of record inrelation to the attendance of witnesses, punishment of contempts, andenforcement of the court's orders. The judges may administer oaths,solemnize marriages, take and certify acknowledgments of deeds andall legal instruments, and to give all necessary certificates for theauthentication of the records and proceedings in the court.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-12
Orders, writs, appointments, and commissions
Sec. 12. The court may do the following:
(1) Grant restraining orders and injunctions.
(2) Issue writs of habeas corpus.
(3) Appoint receivers, masters, and commissioners to:
(A) convey real property;
(B) grant commissions for the examination of witnesses; and
(C) appoint other officers necessary to transact the businessof the court.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-13
Judge; term; election
Sec. 13. (a) Each judge of the court shall be elected for a term ofsix (6) years that begins January 1 after the year of the judge'selection and continues through December 31 in the sixth year. Thejudge shall hold office for the six (6) year term or until the judge'ssuccessor is elected and qualified. A candidate for judge shall run atlarge for the office of judge of the court and not as a candidate forjudge of a particular room or division of the court.
(b) At the primary election held in 2008 and every six (6) yearsthereafter, a political party may nominate not more than eight (8)candidates for judge of the court. At the primary election held in2006 and every six (6) years thereafter, a political party maynominate not more than ten (10) candidates for judge of the court.The candidates shall be voted on at the general election. Othercandidates may qualify under IC 3-8-6 to be voted on at the generalelection.
(c) The names of the party candidates nominated and properlycertified to the Marion County election board, along with the namesof other candidates who have qualified, shall be placed on the ballotat the general election in the form prescribed by IC 3-11. At the 2008general election and every six (6) years thereafter, persons eligibleto vote at the general election may vote for sixteen (16) candidates
for judge of the court. Beginning with the 2006 general election andevery six (6) years thereafter, persons eligible to vote at the generalelection may vote for twenty (20) candidates for judge of the court.
(d) The candidates for judge of the court receiving the highestnumber of votes shall be elected to the vacancies. The names of thecandidates elected as judges of the court shall be certified to thecounty election board as provided by law.
As added by P.L.98-2004, SEC.12. Amended by P.L.58-2005,SEC.35; P.L.2-2005, SEC.93; P.L.80-2006, SEC.13; P.L.1-2006,SEC.504; P.L.164-2006, SEC.140.
IC 33-33-49-14
Executive committee; divisions of court
Sec. 14. (a) Not more than thirty (30) days after taking the oath ofoffice, the judges shall meet and designate four (4) of the judges asthe executive committee for administrative purposes. The executivecommittee shall be selected by a vote of two-thirds (2/3) of thejudges sitting at the time the vote is taken. If all vacancies cannot befilled by a two-thirds (2/3) vote, vacancies may be filled by suchother method as provided by court rule. The executive committee isresponsible for the operation and conduct of the court. The executivecommittee shall operate and maintain the juvenile detention facilitiesin the county. A member of the executive committee shall serve inthe capacity provided by rules adopted by the court under section 11of this chapter. A member of the executive committee serves for aterm of two (2) years beginning on the date of the member's election.Except for the rotation of the presiding judge as provided insubsection (b), any or all of the members elected to the executivecommittee may be reelected. Of the four (4) judges elected to theexecutive committee, not more than two (2) may be members of thesame political party.
(b) One (1) of the four (4) judges elected to the executivecommittee shall be elected as presiding judge, and three (3) of thefour (4) judges elected to the executive committee shall be elected asassociate presiding judges. Beginning with the election of theexecutive committee in 2007, a presiding judge may not be electedfrom the same political party as the presiding judge who served theprevious term. Each judge who is a member of the executivecommittee has an equal vote in all matters pertaining to the businessof the court when an action requires a majority vote. If a tie voteoccurs, the presiding judge shall cast the tiebreaking vote. Any actiontaken by the executive committee may be overruled by a vote oftwo-thirds (2/3) of all the judges sitting at the time the vote is taken.The physical reassignment of a judge to a different courtroomrequires a unanimous vote of the executive committee. The executivecommittee shall assign cases, offices, and courtrooms for trial judgesor reassignment of newly filed cases in the interests of the speedy,economical, and uniform disposition of cases. All matters of trialdates, continuances, and subpoenas used for trial shall be determinedby the trial judge in accordance with rules of the superior court. The
executive committee shall perform other duties as determined byrules of the court.
(c) The court shall, by rules of the court, divide the work of thecourt into various divisions, including but not limited to thefollowing:
(1) Civil.
(2) Criminal.
(3) Probate.
(4) Juvenile.
(d) The work of each division shall be allocated by the rules of thecourt.
(e) The judges shall be assigned to various divisions or rooms asprovided by rules of the court. Whenever possible, an incumbentjudge shall be allowed the option of remaining in a particular roomor division. Whenever any action of the court is required, the judgesof the court shall act in concert, by a vote under section 11 of thischapter. The court shall keep appropriate records of rules, orders, andassignments of the court.
As added by P.L.98-2004, SEC.12. Amended by P.L.80-2006,SEC.14; P.L.142-2007, SEC.10.
IC 33-33-49-15 Version a
Powers and duties of executive committee
Note: This version of section effective until 1-1-2011. See alsofollowing version of this section, effective 1-1-2011.
Sec. 15. (a) The executive committee, with the approval oftwo-thirds (2/3) of the judges, shall determine the number of hearingjudges, commissioners, referees, bail commissioners, court reporters,probation officers, and other personnel required to efficiently servethe court. The salaries of the personnel shall be fixed and paid asprovided by law.
(b) The administrative officers shall perform the duties prescribedby the executive committee and shall operate under the jurisdictionof the executive committee and serve at the pleasure of the executivecommittee.
(c) The executive committee shall see that the court at all times isamply provided with supplies and sufficient clerical and other help,including extra reporters or bailiffs, when needed. Each judge shallappoint the judge's court reporters, bailiffs, secretary, commissioners,and clerks. In addition to the specified duties of this subsection, theexecutive committee shall exercise any other powers and duties thatmay be assigned to the executive committee by an order book entrysigned by a two-thirds (2/3) majority of the judges. At least onceeach month, a general term conference of all superior division judgesmust be held, at which the presiding judge shall preside. A specialorder book must be kept for the court in which shall be entered allspecial rules, proceedings, and similar matters. During an absence ora vacation of a judge who is a member of the executive committee,the senior superior court judge shall act for the absent member, ifnecessary.As added by P.L.98-2004, SEC.12.
IC 33-33-49-15 Version b
Powers and duties of executive committee; appointment andpowers of commissioners
Note: This version of section effective 1-1-2011. See alsopreceding version of this section, effective until 1-1-2011.
Sec. 15. (a) The executive committee, with the approval oftwo-thirds (2/3) of the judges, shall determine the number of hearingjudges, commissioners, referees, bail commissioners, court reporters,probation officers, and other personnel required to efficiently servethe court. The salaries of the personnel shall be fixed and paid asprovided by law.
(b) The administrative officers shall perform the duties prescribedby the executive committee and shall operate under the jurisdictionof the executive committee and serve at the pleasure of the executivecommittee.
(c) The executive committee shall see that the court at all times isamply provided with supplies and sufficient clerical and other help,including extra reporters or bailiffs, when needed. Each judge shallappoint the judge's court reporters, bailiffs, secretary, commissioners,and clerks. In addition to the specified duties of this subsection, theexecutive committee shall exercise any other powers and duties thatmay be assigned to the executive committee by an order book entrysigned by a two-thirds (2/3) majority of the judges. At least onceeach month, a general term conference of all superior division judgesmust be held, at which the presiding judge shall preside. A specialorder book must be kept for the court in which shall be entered allspecial rules, proceedings, and similar matters. During an absence ora vacation of a judge who is a member of the executive committee,the senior superior court judge shall act for the absent member, ifnecessary.
(d) Notwithstanding any other law, a commissioner appointedunder this chapter has all of the powers and duties prescribed for amagistrate under IC 33-23-5. However, the provisions ofIC 33-23-5-11 requiring the state to pay the salary of a magistrate donot require the state to pay the salary of a commissioner appointedunder this chapter.
(e) If a commissioner appointed under this chapter is appointed asa magistrate in Marion County, the salary of that magistrate shall bepaid by the state under IC 33-23-5-11 in the same amount as othermagistrates are paid.
(f) The allocation of appointments of commissioners under thischapter shall be determined by agreement between the judges of thesuperior court and the judge of the circuit court with considerationgiven to the case load of each court. However, notwithstanding anyother law, at least two (2) of the commissioners appointed under thischapter shall be appointed by the judge of the circuit court.
(g) The:
(1) judge of the circuit court has exclusive authority to appoint
commissioners allocated to the circuit court; and
(2) judges of the superior court have exclusive authority toappoint commissioners allocated to the superior court by a voteof the majority of the judges of the superior court.
(h) Not more than a simple majority of the commissionersappointed under this chapter may be from the same political party.
(i) Commissioners appointed by the:
(1) judge of the circuit court serve at the pleasure of the judgeof the circuit court; and
(2) judges of the superior court continue in office until removedby the vote of a majority of the judges of the superior court.
As added by P.L.98-2004, SEC.12. Amended by P.L.71-2010, SEC.2.
IC 33-33-49-16
Probate hearing judge; probate commissioner; juvenile referee;bail commissioner; master commissioner; powers and duties
Sec. 16. (a) An appointed probate hearing judge or probatecommissioner shall be vested by the judge of the probate divisionwith suitable powers for the handling of all probate matters of thecourt, including the following:
(1) Fixing of all bonds.
(2) Auditing accounts of estates, guardianships, and trusts.
(3) Accepting reports, accounts, and settlements filed in thecourt.
(4) Appointing personal representatives, guardians, and trustees.
(5) Probating wills.
(6) Taking or hearing evidence on or concerning mattersdescribed in this subsection or any other probate, guardianship,or trust matters in litigation before the court.
(7) Enforcing court rules.
(8) Making reports to the court concerning the judge's orcommissioner's doings in the proceedings described in thissubsection, including reports concerning the commissioner'sfindings and conclusions regarding the proceedings.
However, all matters handled by a hearing judge or commissionerunder this subsection are under the final jurisdiction and decision ofthe judge of the probate division.
(b) A juvenile referee appointed by the judge of the juveniledivision shall have all suitable powers for the handling of thejuvenile matters of the court, including the following:
(1) Fixing of bonds.
(2) Taking and hearing evidence on or concerning juvenilematters in litigation before the court.
(3) Enforcing court rules.
(4) Making reports to the court concerning the juvenile referee'shandling of proceedings of the juvenile division of the court.
However, all matters handled by a juvenile referee under thissubsection are under final jurisdiction and decision of the judge orjudges of the juvenile division designated by rules of the court.
(c) A bail commissioner may fix bonds, including the following: (1) Determining whether an individual is to be released on theindividual's own recognizance in criminal cases andproceedings.
(2) Making reports to the court concerning the bailcommissioner's activities.
All matters handled by a bail commissioner under this subsection areunder the final jurisdiction and decision of the judge or judges of thecriminal division as designated by rules of the court.
(d) For any of the purposes specified in this section, a probatehearing judge, probate commissioner, referee, or bail commissionermay do the following:
(1) Summon witnesses to testify before the probate hearingjudge, probate commissioner, referee, or bail commissioner.
(2) Administer oaths and take acknowledgments in connectionwith duties.
(3) Administer oaths and take acknowledgments generally.
(e) A master commissioner appointed by the court under thissection has the powers and duties prescribed for a magistrate underIC 33-23-5-5 through IC 33-23-5-9. A master commissioner shallreport the findings in each of the matters before the mastercommissioner in writing to the judge or judges of the division towhich the master commissioner is assigned or as designated by rulesof the court.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-17
Sessions of court; facilities
Sec. 17. (a) The court shall hold sessions in:
(1) the city-county building in Indianapolis; and
(2) other places in Marion County as the court determines.
(b) The city-county council shall:
(1) provide and maintain in the building and at other places inMarion County as the court may determine suitable andconvenient courtrooms for the holding of the court, suitable andconvenient jury rooms, and offices for the judges, other courtofficers and personnel, and other facilities as are necessary; and
(2) provide all necessary furniture and equipment for rooms andoffices of the court.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-18
Books, papers, and records of court
Sec. 18. The clerk, under the direction of the 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 other
courts.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-19
Single order book
Sec. 19. The court shall maintain a single order book for eachdivision or room of the court that may be signed on behalf of thecourt by the judge of that division or room of the court. The signatureof the judge authenticates the actions of the court.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-20
Laws applicable to court
Sec. 20. All laws of Indiana and rules adopted by the supremecourt governing the circuit court in matters of pleadings, practice, theissuing and service of process, the giving of notice, the appointing ofjudges pro tempore and special judges, changes of venue from thejudge and from the county, adjournments by the court and by theclerk in the absence of the judge, and the selection of jurors for thecourt apply to and govern the court.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-21
Repealed
(Repealed by P.L.118-2007, SEC.38.)
IC 33-33-49-22
Appeals
Sec. 22. A party may appeal an order or a judgment of the courtin any case where an appeal may be had from a similar order orjudgment of the circuit court.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-23
Process
Sec. 23. The process of the court must have the seal affixed. Theprocess must be attested, directed, served, returned, and in the formas provided for process issuing from the circuit court.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-24
Transfer of cases from circuit court
Sec. 24. The judge of the Marion circuit court may, with theconsent of the court acting through the superior court presiding judgeunder rules adopted by the court, transfer any action, cause, orproceeding filed and docketed in the circuit court to the court bytransferring all original papers and instruments filed in that action,cause, or proceeding without further transcript to be redocketed anddisposed of as if originally filed with the court.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-25
Transfer of cases to circuit court
Sec. 25. The presiding judge may, with the consent of the judgeof the Marion circuit court and under rules adopted by the court,transfer any action, cause, or proceeding without further transcript tobe redocketed and disposed of as if originally filed with the Marioncircuit court.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-26
Authority of circuit judge to sit in superior court
Sec. 26. The judge of the Marion circuit court may sit as a judgeof the court, with the court's permission, in all matters pendingbefore the court, without limitation and without any further order, inthe same manner as a judge of the court with all the rights andpowers of an elected judge of the court.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-27
Oath
Sec. 27. Each judge, before entering upon the duties of office,shall take and subscribe the following oath or affirmation:
"I solemnly swear (or affirm) that I will support theConstitution of the United States and the Constitution of theState of Indiana and that I will faithfully discharge the duties ofjudge of the superior court of Marion County to the best of myability.".
The oath shall be filed with the clerk of the county.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-28
Judicial notice
Sec. 28. The court shall take judicial notice of all matters of whichcourts of general jurisdiction of Indiana are required to take judicialnotice. The court shall also take judicial notice of all generalordinances of each city or municipality located in the county.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-29
Costs of appeals
Sec. 29. (a) When an appeal is taken from the court in criminalcases or proceedings under IC 34-28-5 (or IC 34-4-32 before itsrepeal), the amount of costs charged must be certified as a part of thetranscript and charged as part of the costs in the court to which theappeal or proceeding is taken. The costs are in addition to any otherclerk's service fee required by law.
(b) All costs charged in the court hearing or in the court trying anappeal must be charged and adjudged upon the hearing or trial in theappeal against a defendant who is convicted or who pleads guilty.
(c) In an appeal under this section, the defendant shall pay a
transcript fee of thirty-five dollars ($35) before the appeal may betransferred from the superior court.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-30
Conditions of continued qualification for office of judge;complaints; retirement; vacancies
Sec. 30. (a) A judge remains qualified to hold office as long as thejudge:
(1) remains fair and impartial in judicial functions;
(2) maintains a high standard of morality in dealings, public andprivate;
(3) remains physically and mentally capable of performing allthe functions and duties of the office of judge; and
(4) continues to reside in Marion County.
(b) Complaints against a judge must be forwarded to thecommission on judicial qualifications as provided in IC 33-38-13 byany judge of the superior court.
(c) A judge of the court must retire upon becoming seventy-five(75) years of age. If the judge wishes to retire before the judge's termhas ended or upon reaching the mandatory retirement age, the judgeshall provide written notice to the presiding judge of the court. Thejudge shall continue to hold office until a successor has beenappointed and qualified.
(d) When a vacancy occurs in the court by death, removal,retirement, or for any other reason, the governor shall appoint asuccessor judge who serves the balance of the term of the vacatingjudge. The successor judge must be a member of the same politicalparty as the judge who is to be succeeded.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-31
Magistrate
Sec. 31. (a) The presiding judge may appoint one (1) full-timemagistrate under IC 33-23-5.
(b) A magistrate appointed under this section may only hearcriminal proceedings.
(c) The magistrate continues in office until removed by thepresiding judge.
As added by P.L.98-2004, SEC.12.
IC 33-33-49-32
Appointment of magistrates; transfer of proceeding back to judge
Sec. 32. (a) In addition to the magistrate appointed under section31 of this chapter, the judges of the superior court may, by a vote ofa majority of the judges, appoint:
(1) four (4) full-time magistrates under IC 33-23-5 until January1, 2008, not more than two (2) of whom may be from the samepolitical party; and
(2) eight (8) full-time magistrates under IC 33-23-5 after
December 31, 2007, not more than four (4) of whom may befrom the same political party.
(b) The magistrates continue in office until removed by the voteof a majority of the judges of the court.
(c) A party to a superior court proceeding that has been assignedto a magistrate appointed under this section may request that anelected judge of the superior court preside over the proceedinginstead of the magistrate to whom the proceeding has been assigned.A request under this subsection must be in writing and must be filedwith the court:
(1) in a civil case, not later than:
(A) ten (10) days after the pleadings are closed; or
(B) thirty (30) days after the case is entered on thechronological case summary, in a case in which thedefendant is not required to answer; or
(2) in a criminal case, not later than ten (10) days after theomnibus date.
Upon a timely request made under this subsection by either party, themagistrate to whom the proceeding has been assigned shall transferthe proceeding back to the superior court judge.
As added by P.L.98-2004, SEC.12. Amended by P.L.33-2005, SEC.1;P.L.80-2006, SEC.15.
IC 33-33-49-33
Court administrator
Sec. 33. (a) The executive committee elected under section 14 ofthis chapter shall employ a court administrator to administer thebusiness activities of the court. A court administrator is subject torules of the court and oversight by the executive committee.
(b) The salary of the court administrator shall be set by theexecutive committee.
As added by P.L.98-2004, SEC.12. Amended by P.L.33-2005, SEC.2.
IC 33-33-49-34
Books, papers, and records of the court; forms
Sec. 34. (a) The clerk of the superior court shall furnish thefollowing:
(1) All blanks, forms, and papers required for use in all criminalcases and in all civil actions involving actions by a city or townfor violations of municipal penal ordinances.
(2) All books, papers, stationery, furniture, and other equipmentand supplies necessary for keeping the records of theproceedings in all rooms of the superior court and for thetransaction of all business of the court.
(3) Necessary computerization of court records.
(b) The materials required under this section shall be furnished atthe expense of the county.
(c) The presiding judge of the court, by an order entered on thecourt records signed by the presiding judge, shall determine andprescribe the forms of the following: (1) All summonses, notices, subpoenas, warrants, affidavits,complaints, writs, and all other papers and anything elserequired to be used in the cases relating to violations of criminalstatutes or municipal ordinances.
(2) All other books, records, papers, and documents to be usedby the court and by the officers of the court and the prosecutors.
In the absence of an order under this subsection, those charged withthe duty of prosecuting cases involving either criminal offenses orthe violation of municipal ordinances may adopt, change, order, anduse all necessary forms and instruments as conform substantially tothe practice and procedure applicable.
As added by P.L.98-2004, SEC.12.