CHAPTER 64. PORTER COUNTY

IC 33-33-64
    Chapter 64. Porter County

IC 33-33-64-1
Application
    Sec. 1. IC 33-29-1 does not apply to this chapter.
As added by P.L.98-2004, SEC.12.

IC 33-33-64-2
Judicial circuit
    Sec. 2. Porter County constitutes the sixty-seventh judicial circuit.
As added by P.L.98-2004, SEC.12.

IC 33-33-64-3
Establishment of superior court; judges; election; divisions
    Sec. 3. (a) There is established a court of record to be known asPorter superior court. The Porter superior court has five (5) judges,who hold office for six (6) years, beginning on the first day ofJanuary after their election and until their successors are elected andqualified. Every six (6) years the voters of Porter County shall electat the general election the judges for the superior court.
    (b) The judges of the Porter superior court are designated asfollows:
        (1) Two (2) judges are judges of the superior court, superiordivision.
        (2) Three (3) judges are judges of the superior court, countydivision.
As added by P.L.98-2004, SEC.12.

IC 33-33-64-4
Seal
    Sec. 4. (a) The Porter superior court's superior division shall havea seal consisting of a circular disk containing the words "PorterSuperior Court, Superior Division", an impression of which shall bespread of record upon the order book of the court.
    (b) The Porter superior court's county division shall have a sealconsisting of a circular disk containing the words "Porter SuperiorCourt, County Division", an impression of which shall be imprintedupon the order book of the court.
As added by P.L.98-2004, SEC.12.

IC 33-33-64-5
Jurisdiction
    Sec. 5. (a) Except as provided in subsection (b), the Portersuperior court has the following jurisdiction:
        (1) Original, appellate, concurrent, and coextensive jurisdictionwith the circuit court in all civil cases, criminal cases, andprobate matters.
        (2) Concurrent and coextensive jurisdiction with the circuitcourt in all cases of appeal from boards of county

commissioners and all other appellate jurisdiction vested in thecircuit court.
        (3) Concurrent and coextensive jurisdiction in all matters ofprobate and the settlement of decedents' estates, trusts, andguardianships.
        (4) Jurisdiction over all other subject matters actionable in thecircuit court.
    (b) All matters in which a child is alleged to be a delinquent childor a child in need of services exclusively resides in the jurisdictionof the circuit court of the county.
As added by P.L.98-2004, SEC.12.

IC 33-33-64-6
Power and authority of judges
    Sec. 6. The judges of the Porter superior court may make andadopt rules and regulations for conducting the business of the courtand have all the powers incident to a court of record in relation to theattendance of witnesses, the punishment of contempts, and theenforcement of its orders. The judges may administer oaths,solemnize marriages, take and certify acknowledgment of deeds, andgive all necessary certificates for the authentication of the recordsand proceedings in the court.
As added by P.L.98-2004, SEC.12.

IC 33-33-64-7
Power of judges same as circuit court judges
    Sec. 7. The judges of the Porter superior court have the samepower to grant restraining orders and injunctions, to issue writs ofhabeas corpus and of mandate and prohibition, to appoint receivers,masters, and commissioners to convey real property, and to grantcommissions for the examination of witnesses, and to appoint otherofficers necessary to facilitate and transact the business of the courtas is conferred on circuit courts or the judges of circuit courts.
As added by P.L.98-2004, SEC.12.

IC 33-33-64-8
Location of court sessions
    Sec. 8. (a) The Porter superior court, superior division, shall holdsessions in the Porter County courthouse in Valparaiso.
    (b) One (1) judge of the Porter superior court, county division,shall hold sessions of the court in Valparaiso and two (2) judges shallhold sessions of the court principally in Portage Township and maysit periodically in Westchester Township in the discretion of thejudges in Porter County.
    (c) The board of county commissioners of Porter County shall:
        (1) provide and maintain suitable and convenient courtroomsfor the holding of the court, together with suitable andconvenient jury rooms and offices for the judges, secretaries,and official court reporters, and other facilities as may benecessary; and        (2) provide all the necessary furniture and equipment for therooms and offices of the court.
The county council shall appropriate sufficient funds to implementthis section.
As added by P.L.98-2004, SEC.12.

IC 33-33-64-9
Dockets, books, and records
    Sec. 9. The clerk, under the direction of a Porter superior courtjudge, shall provide order books, judgment dockets, executiondockets, fee books and other books, papers, and records as necessaryfor the court. All books, papers, and proceedings of the court shall bekept distinct and separate from those of other courts.
As added by P.L.98-2004, SEC.12.

IC 33-33-64-10
Order books
    Sec. 10. (a) The Porter superior court shall maintain a single orderbook for the Porter superior court, superior division, that may besigned on behalf of the court by any of the sitting judges of thesuperior division. A judge's signature constitutes authentication ofthe actions of each judge in the court.
    (b) The Porter superior court shall maintain an order book for thejudge of the Porter superior court, county division, located inValparaiso and a separate order book for the judge of the Portersuperior court, county division, located in Portage Township. Thesignature of a judge of the Porter superior court, county division,constitutes authentication of the actions of the judge taken on behalfof the superior court holding sessions in that location.
As added by P.L.98-2004, SEC.12.

IC 33-33-64-11
Bailiff
    Sec. 11. Each judge of the Porter superior court shall appoint abailiff for the court whose salary shall be fixed by the court and paidas provided by law.
As added by P.L.98-2004, SEC.12.

IC 33-33-64-12
Court reporter
    Sec. 12. Each judge of the Porter superior court shall appoint acourt reporter whose duties, salary, and term shall be regulated in thesame manner as the court reporter of the circuit court.
As added by P.L.98-2004, SEC.12.

IC 33-33-64-13
Process of court
    Sec. 13. The process of the Porter superior court must have theseal affixed. The process must be attested, directed, served, returned,and be in the form as provided for process issuing from the circuit

court.
As added by P.L.98-2004, SEC.12.

IC 33-33-64-14
Officers and personnel
    Sec. 14. Each Porter superior judge may appoint additionalofficers and personnel necessary for the proper administration of thejudge's duties as judge of the court.
As added by P.L.98-2004, SEC.12.

IC 33-33-64-15
Presiding judge
    Sec. 15. (a) The Porter superior court by rules adopted by thecourt, shall designate one (1) of the judges as presiding judge and fixthe time the judge presides.
    (b) The presiding judge shall be responsible for the operation andconduct of the court and for seeing that the court operates efficientlyand judicially.
    (c) If an agreement is not reached, the judge with the mostseniority as a judge of a court of record shall act as presiding judge.
As added by P.L.98-2004, SEC.12.

IC 33-33-64-16
Majority decision of judges
    Sec. 16. When any action of the entire Porter superior court isrequired, the judges of the court shall act in concert. If there is adisagreement, the decision of the majority of the judges controls.However, in the absence of a majority, the decision of the presidingjudge controls.
As added by P.L.98-2004, SEC.12.

IC 33-33-64-17
Additional personnel; administrative officer
    Sec. 17. The Porter superior court shall, when it believes it isnecessary, appoint additional personnel for the proper administrationof the court, including but not limited to an administrative officerwho shall operate under the jurisdiction of the presiding judge.
As added by P.L.98-2004, SEC.12.

IC 33-33-64-18
Transfer of causes from circuit court
    Sec. 18. The judge of the circuit court may, with the consent ofthe court transfer any action, cause, or proceeding filed and docketedin the circuit court to this court by transferring all original papers andinstruments filed in the action, cause, or proceeding without furthertranscript to be redocketed and disposed of as if originally filed withthis court.
As added by P.L.98-2004, SEC.12.

IC 33-33-64-19 Transfer of causes
    Sec. 19. Any judge of the Porter superior court may, with theconsent of the judge of the Porter 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 such action, cause, or proceeding without further transcript to beredocketed and disposed of as if originally filed with the superiorcourt. However, a judge of the Porter superior court, county division,may not transfer any action or proceeding docketed in the smallclaims and misdemeanor division to the Porter circuit court or to thePorter superior court, superior division.
As added by P.L.98-2004, SEC.12.

IC 33-33-64-20
Circuit court judge sitting and acting as superior court judge
    Sec. 20. The judge of the Porter circuit court may, with the Portersuperior court's permission, sit and act as a judge of the Portersuperior court in all matters pending before the superior court,without limitation and without any further order, in the same mannerand stead as if the judge were a judge of the Porter superior courtwith all the rights and powers as if the judge were an elected judgeof the Porter superior court, including the right to act as presidingjudge and otherwise participate in the organization andadministration of the superior court.
As added by P.L.98-2004, SEC.12.

IC 33-33-64-21
Commission and appointment of judges
    Sec. 21. The judges of the Porter superior court shall becommissioned by the governor in the same manner as a judge of thecircuit court and any vacancy occurring in the office of judge of thesuperior court shall be filled by appointment by the governor in thesame manner as vacancies in the office of the judge of the circuitcourt.
As added by P.L.98-2004, SEC.12.

IC 33-33-64-22
Small claims and misdemeanor divisions
    Sec. 22. The Porter superior court, county division, located inValparaiso, has a standard small claims and misdemeanor divisionand the Porter superior court, county division, located in PortageTownship has a standard small claims and misdemeanor division.
As added by P.L.98-2004, SEC.12.

IC 33-33-64-23
Magistrates
    Sec. 23. The judges of the Porter superior court may jointlyappoint two (2) full-time magistrates under IC 33-23-5. Themagistrates continue in office until removed by the judges of thesuperior court.As added by P.L.98-2004, SEC.12.