CHAPTER 71. ST. JOSEPH COUNTY
IC 33-33-71
Chapter 71. St. Joseph County
IC 33-33-71-1
Application
Sec. 1. IC 33-29-1 does not apply to this chapter.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-2
Judicial circuit
Sec. 2. St. Joseph County constitutes the sixtieth judicial circuit.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-3
Magistrates
Sec. 3. The judge of the St. Joseph circuit court may appoint two(2) full-time magistrates under IC 33-23-5 to serve the circuit court.A magistrate continues in office until removed by the judge.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-4
Repealed
(Repealed by P.L.118-2007, SEC.38.)
IC 33-33-71-5
Establishment of superior court; number of judges
Sec. 5. There is established a superior court in St. Joseph County.The court consists of eight (8) judges.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-6
Name
Sec. 6. The superior court shall be known as the St. Josephsuperior court.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-7
Seal
Sec. 7. The superior court shall have a seal consisting of a circulardisk containing the words "St. Joseph Superior Court", an impressionof which shall be spread of record upon the order book of the court.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-8
Jurisdiction
Sec. 8. The St. Joseph superior court has the followingjurisdiction:
(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 countycommissioners 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 in all other subject matters actionable in thecircuit court.
(5) Original exclusive jurisdiction of all violations ofordinances of cities located in the county.
(6) Original exclusive jurisdiction in the trial of offensesconstituting violation of traffic ordinances of the cities andviolations of traffic laws of the state that occur in any city of St.Joseph County.
(7) Original jurisdiction of violations of traffic laws of the statethat occur outside a city in St. Joseph County.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-9
Small claims and misdemeanor division
Sec. 9. The St. Joseph superior court has a standard small claimsand misdemeanor division.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-10
Court of record; force and effect of judgments, decrees, and orders
Sec. 10. The St. Joseph 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 thecircuit court.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-11
Power and authority of judges
Sec. 11. The judges of the superior court may make and adoptrules and regulations for conducting the business of the court andhave 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 33-33-71-12
Powers of judges same as circuit judges
Sec. 12. The judges of the superior court may:
(1) grant restraining orders and injunctions;
(2) issue writs of habeas corpus and of mandate and prohibition; (3) appoint receivers, masters, and commissioners to conveyreal property;
(4) grant commissions for the examination of witnesses; and
(5) appoint other officers necessary to facilitate and transact thebusiness of the court;
the same as circuit courts or circuit court judges.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-13
Sessions of court; facilities; jurisdiction
Sec. 13. (a) The St. Joseph superior court shall hold its sessionsin:
(1) the St. Joseph County courthouse in South Bend; and
(2) at least one (1) appropriate place in Mishawaka.
The superior court in Mishawaka shall be full time and shall exercisefull superior court jurisdiction in that city. The board of countycommissioners of St. Joseph County shall provide and maintain inthe courthouse in South Bend and in an appropriate place inMishawaka court facilities that include suitable and convenientcourtrooms, jury rooms, and offices for the judges, secretaries, andofficial court reporters, and other necessary facilities, including allthe necessary furniture and equipment for the rooms and offices ofthe court for the conduct of all criminal and civil business, includingthe necessary facilities for jury trials.
(b) The judges of the court have all jurisdiction and authoritygranted them by law regardless of the city in which they are located.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-14
Dockets; books, papers, and records
Sec. 14. The clerk, under the direction of the judge, shall provideorder books, judgment dockets, execution dockets, fee books, andother books, papers, and records as necessary for the court, and allbooks, papers, and proceedings of the superior court shall be keptdistinct and separate from those of other courts.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-15
Single order book for entire court
Sec. 15. The superior court shall maintain a single order book forthe entire court that may be signed on behalf of the court by any ofthe sitting judges of the court, and the signature constitutesauthentication of the actions of each judge in the court.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-16
Bailiff
Sec. 16. Each judge of the superior court shall appoint a bailiff forthe court whose salary shall be fixed by the court and paid asprovided by law.As added by P.L.98-2004, SEC.12.
IC 33-33-71-17
Court reporter
Sec. 17. Each judge of the superior court shall appoint a courtreporter whose duties, salary, and term shall be regulated in the samemanner as the court reporter of circuit court.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-18
Laws and rules governing practice and procedure
Sec. 18. All laws and rules adopted by the supreme courtgoverning the circuit court in matters of pleading, practice, theissuing and service of process, the giving of notice, the appointmentof judges 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 shall be applicable to and govern the superior court.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-19
Repealed
(Repealed by P.L.118-2007, SEC.38.)
IC 33-33-71-20
Appeal from order or judgment of court
Sec. 20. Any party may appeal to the supreme court or the courtof appeals from any order or judgment of the superior court in anycase where, under Indiana law, an appeal may be had from a similarorder or judgment of the circuit court. The appeal is governed by thelaw governing appeals from the circuit court to the court of appealsand the supreme court.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-21
Process of court
Sec. 21. The process of the superior court must have the sealaffixed. The process must be attested, directed, served, returned, andin the form as is provided for process issuing from the circuit court.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-22
Appointment of officers and personnel
Sec. 22. Each judge of the superior court may appoint additionalofficers and personnel as necessary for the proper administration ofthe judge's duties as judge of the court.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-23
Chief judge Sec. 23. (a) The superior court, by rules duly adopted by the court,shall designate one (1) of the judges as chief judge and fix the timethe chief judge presides.
(b) The chief judge shall be responsible for the operation andconduct of the court and to seeing that the court operates efficientlyand judicially.
(c) The chief judge shall do the following:
(1) Assign cases to a judge of the court or reassign cases fromone (1) judge of the court to another judge of the court to ensurethe efficient operation and conduct of the court.
(2) Assign and allocate courtrooms, other rooms, and otherfacilities to ensure the efficient operation and conduct of thecourt.
(3) Annually submit to the fiscal body of St. Joseph County abudget for the court.
(4) Make appointments or selections on behalf of the court thatare required of a superior court judge under any statute.
(5) Direct the employment and management of court personnel.
(6) Conduct cooperative efforts with other courts forestablishing and administering shared programs and facilities.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-24
Judges acting in concert; majority decision
Sec. 24. When any action of the entire superior court is required,the judges of the court shall act in concert. If there is a disagreement,the decision of the majority of the judges controls. However, if thejudges are evenly divided, the decision joined by the chief judgecontrols.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-25
Administrative officer of court
Sec. 25. The superior court shall, when it believes it is necessary,appoint additional personnel for the proper administration of thecourt, including an administrative officer who shall operate under thejurisdiction of the chief judge.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-26
Transfer of causes from circuit court
Sec. 26. The judge of the circuit court may, with the consent ofthe chief judge, transfer any action, cause, or proceeding filed anddocketed in the circuit court to the superior court by transferring alloriginal papers and instruments filed in the action, cause, orproceeding without further transcript to be redocketed and disposedof as if originally filed with the superior court.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-27 Transfer of causes to circuit court
Sec. 27. The chief judge of the superior court may, with theconsent of the judge of the circuit court, transfer any action, cause,or proceeding filed and docketed in the superior court to the circuitcourt by transferring all original papers and instruments filed in theaction, cause, or proceeding without further transcript to beredocketed and disposed of as if originally filed with the circuitcourt.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-28
Circuit court judge sitting as superior court judge
Sec. 28. The judge of the St. Joseph circuit court at the circuitcourt judge's discretion, may sit as a judge of the superior court, withthe chief judge's permission, in all matters pending before thesuperior court, without limitation and without any further order, inthe same manner as if the judge of the circuit court were a judge ofthe superior court with all the rights and powers as if the judge of thecircuit court were an elected judge of the superior court.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-29
Judicial nominating commission; establishment
Sec. 29. (a) There is established a judicial nominating commissionfor the St. Joseph superior court, the functions, responsibilities, andprocedures of which are set forth in sections 30 through 40 of thischapter.
(b) The board of county commissioners of St. Joseph County shallprovide all facilities, equipments, supplies, and services necessaryfor the administration of the duties imposed upon the commission.The members of this commission shall serve without compensation.However, the board of county commissioners of St. Joseph Countyshall reimburse members of this commission for their actualexpenses incurred in performing their duties.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-30
Judicial nominating commission; membership
Sec. 30. (a) The judicial nominating commission (referred to asthe "commission" in this chapter) consists of seven (7) members, themajority of whom shall form a quorum. The chief justice shallappoint a justice of the supreme court or a judge of the court ofappeals to serve as a member and chairman of the commission untila successor is appointed. Those admitted to the practice of law inIndiana and residing in St. Joseph County or maintaining theirprincipal law office in St. Joseph County shall elect, under sections32 and 33 of this chapter, three (3) of their number to serve asattorney members of the commission. If any attorney member of thecommission terminates residence in St. Joseph County ordiscontinues the maintenance of a principal law office in St. Joseph
County, the member shall be considered to have resigned from thecommission. The three (3) remaining members of the commissionmust be persons not admitted to the practice of law (referred to as"nonattorney members" in this chapter) and residents of St. JosephCounty. However, not more than two (2) of the nonattorney membersmay be from the same political party and that the appointment of thenonattorney members of the commission shall be made under section31 of this chapter. Not more than four (4) commission members maybe from the same political party.
(b) A member of the commission may not hold any other salariedpublic office nor an office in a political party organization. Amember of the commission is not eligible for appointment to ajudicial office in St. Joseph County who has, within four (4) yearsimmediately preceding an appointment, served on the commission.If any nonattorney member of the commission terminates residencein St. Joseph County, the member is considered to have resignedfrom the commission.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-31
Appointment of nonattorney commissioners
Sec. 31. (a) The appointment to membership on the commissionof the nonattorney members shall be made by a selection committeeconsisting of the judge of the St. Joseph circuit court, the presidentof the board of St. Joseph County commissioners, and mayors ineach of the two (2) cities having the largest populations in St. JosephCounty. These appointments shall be made by a majority vote of theselection committee. If a vacancy occurs on the commission amongthe nonattorney members, that fact shall be reported to the judge ofthe St. Joseph circuit court by the commission. Upon notification, thejudge of the St. Joseph circuit court shall call into session theselection committee, which shall, by majority vote, select a personor persons not admitted to the practice of law, who shall serve theunexpired term of the vacant commission membership position andthat this selection and appointment by the selection committee shallbe made within sixty (60) days after the date the St. Joseph circuitcourt is notified of the creation of the vacancy. If the selectioncommittee fails to act to fill an unexpired term of a nonattorneymember of the commission within sixty (60) days after thenotification that the vacancy exists, the vacancy shall be filled by amajority vote of the remaining members of the commission.
(b) Not less than sixty (60) days before the expiration of the termof a nonattorney member of the commission, the judge of the St.Joseph circuit court shall call into session the selection committeethat shall appoint, by a majority vote, a person to the commission toserve a new term. If the selection committee fails to act to fill anexpired term of a nonattorney member of the commission by the dateof expiration of the term of a nonattorney member of thecommission, the remaining members on the commission shall, bymajority vote, appoint a person to serve for the succeeding term. All
appointments made to the commission shall be certified within ten(10) days to the clerk of the St. Joseph superior court.
(c) Each appointee of a nonattorney member to the commission,except those who fill a vacancy, shall serve for four (4) years.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-32
Election of attorney commissioners
Sec. 32. (a) Each year in which an attorney member's termexpires, those admitted to the practice of law in Indiana and residingin St. Joseph County (referred to as "attorney electors" in thischapter) shall elect three (3) of their number to serve on thecommission. Each attorney member of the commission shall serve forfour (4) years. The term of each attorney member begins on the firstday of October following the member's election. The election day isthe date on which the ballots are counted. During the month beforethe expiration of each attorney commissioner's term of office, anelection shall be held to fill the succeeding four (4) year term ofoffice.
(b) Except when a term of office has less than ninety (90) daysremaining, vacancies in the office of an attorney commissioner to thecommission shall be filled for the unexpired term of the membercreating the vacancy by a special election.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-33
Procedure for election of attorney commissioners
Sec. 33. The attorney members of the commission shall be electedby the following process:
(1) The clerk of the St. Joseph superior court shall at leastninety (90) days before the date of election notify all attorneysin St. Joseph County of the upcoming election by mail,informing them that nominations must be made to the clerk ofthe superior court at least sixty (60) days before the election.The clerk shall secure a list of all attorneys in the county andtheir correct addresses from the clerk of the supreme court.
(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 or groupof attorney electors residing in St. Joseph County, by mail orotherwise, in the office of the clerk of St. Joseph superior courtat least sixty (60) days before the election.
(3) The clerk of St. Joseph superior court shall prepare and printballots containing the names and residence addresses of allattorney nominees whose written nominations, petitions andwritten statements of consent have been received sixty (60)days before the election.
The ballot must read:
"ST. JOSEPH SUPERIOR COURT
NOMINATING COMMISSION BALLOTTo be cast by individuals residing in St. Joseph County and admittedto the practice of law in Indiana. Vote for one (1) of the followingcandidates for the term commencing:
(Insert Date)
( ) (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 St. Joseph superior court not later than_______ (insert date).
DESTROY BALLOT IF NOT USED".
(4) The nominee receiving the most votes is elected.
(5) The clerk shall also supply with each ballot distributed by theclerk a certificate, to be completed and signed and returned bythe attorney elector voting that ballot, certifying that the attorneyelector is admitted to the practice of law in Indiana, resides in St.Joseph County, and voted the ballot returned. A ballot notaccompanied by the signed certificate of the voter may not becounted.
(6) To maintain the secrecy of each vote, a separate envelopeshall be provided by the clerk for the ballot, in which only thevoted ballot is to be placed. This envelope may not be openeduntil the counting of the ballots.
(7) The clerk of St. Joseph superior court shall mail a ballot andits accompanying material to all qualified attorney electors atleast two (2) weeks before the date of election.
(8) Upon receiving the completed ballots and the accompanyingcertificates, the clerk shall insure 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 certificates shallbe placed in a separate package.
(9) The clerk of St. Joseph superior court, with the assistance ofthe St. Joseph County election board, shall open and canvass allballots at 4 p.m. on the day of election in the office of the clerkof St. Joseph superior court. Ballots received after 4 p.m. maynot be counted. Upon canvassing the ballots the clerk shall placeall ballots back in their package. These, along with thecertificates, shall be retained in the clerk's office for six (6)months. The clerk may not allow a person to inspect them exceptupon an order of the court of appeals.
(10) In any election held for selection of attorney members of thecommission, in case two (2) or more nominees are tied so thatone (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 elected.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-34 Notification
Sec. 34. After:
(1) the attorney members of the commission have been elected;and
(2) the names of the nonattorney commissioners appointed by theselection committee have been certified to the secretary of state,clerk of the supreme court, and the clerk of St. Joseph superiorcourt under this chapter;
the clerk of St. Joseph superior court shall by regular mail notify themembers of the commission of their election or appointment, andshall notify the chairman of the commission of the same.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-35
Succession of membership
Sec. 35. A person who has been elected or appointed to a full four(4) year term upon the commission may not succeed himself orherself or be eligible for election or appointment to the commissionfor four (4) years after the expiration of the term to which the personwas elected or appointed.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-36
Nominations for vacancies in superior court; meetings ofcommission
Sec. 36. (a) When a vacancy occurs in the St. Joseph superiorcourt, the clerk of the court shall promptly notify the chairman of thecommission of the vacancy. The chairman shall call a meeting of thecommission within ten (10) days following this notice. Thecommission shall submit its nominations of five (5) candidates foreach vacancy and certify them to the governor as promptly aspossible, and not later than sixty (60) days after the vacancy occurs.When it is known that a vacancy will occur at a definite future datewithin the term of the serving governor, but the vacancy has not yetoccurred, the clerk shall notify the commission immediately. Thecommission may within fifty (50) days of the notice of vacancy makeits nominations and submit to the governor the names of five (5)persons nominated for the forthcoming vacancy.
(b) Meetings of the commission shall be called by the chairman or,if the chairman fails to call a necessary meeting, upon the call of anyfour (4) members of the commission. The chairman, whenever thechairman considers a meeting necessary, or upon the request by anyfour (4) members of the commission for a meeting, shall give eachmember of the commission at least five (5) days written notice bymail of the time and place of every meeting unless the commissionat its previous meeting designated the time and place of its nextmeeting.
(c) Meetings of the commission must be held at a place in the St.Joseph County courthouse in South Bend as the clerk of the St.Joseph superior court may arrange. (d) The commission shall act only at a meeting and may act onlyby the concurrence of a majority of its members attending a meeting.Four (4) members are required to constitute a quorum at a meeting.The commission may adopt reasonable and proper rules andregulations for the conduct of its proceedings and the discharge of itsduties.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-37
Qualifications of nominees; evaluation
Sec. 37. (a) The commission shall submit only the names of thefive (5) most highly qualified candidates from among those eligibleindividuals considered. To be eligible for nomination as a judge ofthe St. Joseph superior court, a person must be domiciled in thecounty of St. Joseph, a citizen of the United States, and admitted tothe practice of law in the courts of Indiana.
(b) In abiding by the mandate in subsection (a), the commissionshall evaluate in writing each eligible individual on the followingfactors:
(1) Law school record, including any academic honors andachievements.
(2) Contribution to scholarly journals and publications,legislative draftings, and legal briefs.
(3) Activities in public service, including:
(A) writings and speeches concerning public or civic affairswhich are on public record, including but not limited tocampaign speeches or writing, letters to newspapers, andtestimony before public agencies;
(B) efforts and achievements in improving the administrationof justice; and
(C) other conduct relating to the individual's profession.
(4) Legal experience, including the number of years of practicinglaw, the kind of practice involved, and reputation as a triallawyer or judge.
(5) Probable judicial temperament.
(6) Physical condition, including age, stamina, and possiblehabitual intemperance.
(7) Personality traits, including the exercise of sound judgment,ability to compromise and conciliate patience, decisiveness, anddedication.
(8) Membership on boards of directors, financial interest, andany other consideration that might create conflict of interest witha judicial office.
(9) Any other pertinent information that the commission feels isimportant in selecting the best qualified individuals for judicialoffice.
(c) Written evaluations may not be made on an individual until theindividual states in writing that the individual desires to hold ajudicial office that is or will be created by vacancy.
(d) The political affiliations of any candidate may not be
considered by the commission in evaluating and determining whicheligible candidates shall be recommended to the governor for avacancy on the St. Joseph superior court.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-38
List of nominees; submission to governor
Sec. 38. The commission shall submit with the list of five (5)nominees to the governor its written evaluation of the qualificationsof each candidate, and the names and written evaluations shall bepublicly disclosed. Every eligible candidate whose name was notsubmitted to the governor is entitled to access to any evaluation ofthe candidate by the commission and the right to make the evaluationpublic. Otherwise, the evaluation, including the names of thecandidates applying for the office, shall remain confidential. If thecommission determines that there are less than five (5) personsqualified under section 40 of this chapter, the commission mustsubmit a lesser number under section 40 of this chapter.
As added by P.L.98-2004, SEC.12. Amended by P.L.2-2005, SEC.98.
IC 33-33-71-39
Withdrawal of list or names of nominees
Sec. 39. (a) After the commission has nominated and submitted tothe governor the names of five (5) persons for appointment to fill avacancy of the St. Joseph superior court:
(1) any name may be withdrawn for a cause considered by thecommission to be of a substantial nature affecting the nominee'squalifications to hold office; and
(2) another name may be substituted at any time before theappointment 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 there are existing at the same time two (2) or more vacancieson the court, the commission shall nominate and submit to thegovernor a list of five (5) different persons for each of the vacancies.The commission may before an appointment is made:
(1) withdraw the lists of nominations;
(2) change the names of any persons nominated from one (1) listto another; and
(3) resubmit the lists as changed or substitute a new name forany of those previously nominated.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-40
Appointment to fill vacancies
Sec. 40. (a) A vacancy occurring in the St. Joseph superior courtshall be filled by appointment of the governor from a list of nomineespresented to the governor by the judicial nominating commission. Ifthe governor fails to make an appointment from the list within sixty
(60) days from the day it is presented to the governor, theappointment shall be made by the chief justice or the acting chiefjustice of the supreme court from the same list presented to thegovernor.
(b) The governor shall make all appointments to the St. Josephsuperior court without regard to the political affiliation of any of thenominees submitted to the governor. In the interest of justice, thegovernor shall consider only those qualifications of the nomineesincluded in section 37 of this chapter.
(c) If the St. Joseph County judicial nominating commission, by avote of any five (5) of its members, determines that, of the personsconsidered for any existing or expected vacancy in the St. Josephsuperior court, less than five (5) are qualified for judicial office,within the scope of this chapter, the commission shall certify thatdetermination to the governor together with the name or names of theperson or persons found to be qualified under this chapter. In thatevent, the governor, chief justice, or acting chief justice shall makethe selection or, if only one (1) name is submitted, make theappointment.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-41
Effective date of appointments
Sec. 41. An appointment by the governor, chief justice, or actingchief justice, as required by section 40 of this chapter, to the St.Joseph County superior court shall take effect immediately if avacancy exists at the date of the appointment. The appointment shalltake effect on the date the vacancy is created if a vacancy does notexist on the date of the appointment.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-42
Tenure of judges
Sec. 42. (a) Each judge appointed serves an initial term that beginson the effective date of the judge's appointment and continuesthrough December 31 in the year of the general election that followsthe expiration of two (2) years after the effective date of the judge'sappointment.
(b) Thereafter, unless rejected by the electorate of St. JosephCounty under this chapter, each judge of the St. Joseph superiorcourt serves successive six (6) year terms. Each successive six (6)year term begins on the first day of January following the expirationof the preceding initial term or the preceding six (6) year term andcontinues for six (6) years.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-43
Submission of question of retention in office or rejection of judgeto electorate
Sec. 43. (a) The question of the retention in office or rejection of
each judge of the St. Joseph superior court shall be submitted to theelectorate of St. Joseph County at the general election immediatelypreceding expiration of the term of that judge.
(b) If a judge subject to this chapter does not desire to serve afurther term, the judge shall notify the judge's intention in writing tothe clerk of the St. Joseph circuit court at least sixty (60) days beforethe general election immediately preceding expiration of the judge'sterm in which case the question of the judge's retention in office orrejection may not be submitted to the electorate, and the office isvacant at the expiration of the term.
(c) The St. Joseph County election board shall submit the questionof the retention in office or rejection of any judge to the electorate ofSt. Joseph County. The submission of this question is subject to theprovisions of IC 3 that are not inconsistent with this chapter.
(d) At the general election, the question of the retention in officeor rejection of a judge shall be submitted to the electorate of St.Joseph County in the form prescribed by IC 3-11 and must state"Shall Judge (insert name) of the St. Joseph superior court beretained in office for an additional term?".
(e) If a majority of the ballots cast by the electors voting on thequestion is "No", the judge whose name appeared on such questionis rejected. The office of the rejected judge is vacant on January 1following the rejection. The vacancy shall be filled by appointmentof the governor under section 40 of this chapter. The name of therejected judge may not be included among those submitted to thegovernor. However, the judge's rejection does not disqualify arejected judge from being considered for another judicial office thatbecomes vacant.
As added by P.L.98-2004, SEC.12. Amended by P.L.58-2005,SEC.36.
IC 33-33-71-44
Conditions of office
Sec. 44. (a) During a term of office, a judge of the St. Josephsuperior court may not engage in the practice of law, run for anelective office other than a judicial office, or directly or indirectlymake any contributions to or hold any office in a political party ororganization. A judge may not take part in any political campaignexcept as a candidate for retention in judicial office and, in thatevent, the judge's campaign participation must be absolutely devoidof partisan association and be limited to activities designed toacquaint the electorate with the judge's judicial record.
(b) Failure to comply with this section is sufficient cause for thecommission on judicial qualifications established by section 45 ofthis chapter to recommend to the supreme court that the judge becensured or removed from office.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-45
Judicial qualifications commission; membership; employment of
special counsel
Sec. 45. There is established a commission on judicialqualifications for the St. Joseph superior court, whose membershipis the same as that of the judicial nominating commission undersection 29 of this chapter. The commission on judicial qualificationsmay employ special counsel in any proceedings it undertakes underthe responsibilities imposed upon it by this chapter.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-46
Recommendation for suspension or removal of judge
Sec. 46. (a) On recommendation of the commission on judicialqualifications, the supreme court may suspend a judge of the St.Joseph superior court from office without salary when in any courtin the United States the judge enters a plea of guilty or nolocontendere to, or is found guilty of, any crime punishable as a felonyunder the laws of Indiana or of the United States, or of any othercrime that involves moral turpitude under that law. If the judge'sconviction is reversed, suspension terminates, and the judge shall bepaid the judge's salary for the period of suspension. If the judge issuspended and the judge's conviction is affirmed or otherwisebecomes final, the supreme court shall remove the judge from office.
(b) On recommendation of the commission on judicialqualifications, the supreme court may:
(1) retire a judge of the St. Joseph superior court for disabilitythat seriously interferes with the performance of the judge'sduties and is likely to become permanent; and
(2) censure or remove a judge of the St. Joseph superior court forconduct occurring not more than six (6) years before thecommencement of the judge's current term, when the conductconstitutes willful misconduct in office, willful and persistentfailure to perform the judge's duties, habitual intemperance, orconduct prejudicial to the administration of justice or that bringsor tends to bring judicial office into disrepute.
(c) When the supreme court receives any recommendation from thecommission on judicial qualifications, it shall hold a hearing, atwhich the affected judge is entitled to attend, and shall make adetermination as is required. The supreme court shall make rulesregarding the convening and conduct of hearings, which shall, uponrequest of the judge whom it concerns, be public.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-47
Meetings of commission
Sec. 47. (a) The commission on judicial qualifications shall meetperiodically as necessary to discharge its statutory responsibilities.Meetings of the commission on judicial qualifications shall be calledin the same manner as prescribed for the judicial nominatingcommission. A quorum for the transaction of business is four (4)members. (b) The clerk of the St. Joseph circuit court shall makearrangements for a meeting place in St. Joseph County as thecommission may request.
(c) The commission on judicial qualifications may act only at ameeting. The commission on judicial qualifications may adoptreasonable and proper rules and regulations for the conduct of itsmeetings and discharge of its duties.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-48
Confidentiality of proceedings
Sec. 48. (a) All papers filed with and proceedings had before thecommission on judicial qualifications before the institution of formalproceedings are confidential unless the judge against whom acomplaint has been filed elects to have the information divulged orunless the commission elects to answer publicly disseminatedstatements issued by any complainant.
(b) All papers filed with the commission on judicial qualificationsat the time of or after the institution of formal proceedings are openfor public inspection at all reasonable times. Records of proceedingsare open for public inspection at all reasonable times. All hearingsand proceedings before the commission on judicial qualifications areopen to the public.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-49
Defamatory material
Sec. 49. The filing of papers with or the giving of testimony beforethe commission on judicial qualifications under this chapter areabsolutely privileged in any action for defamation.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-50
Complaints
Sec. 50. Complaints directed to the commission on judicialqualifications do not have to be in writing. A specified form ofcomplaint may be required if presented in writing.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-51
Complaint by citizen; investigation
Sec. 51. (a) Any citizen of Indiana may complain to thecommission on judicial qualifications with reference to the activities,fitness, or qualifications of any judge of the St. Joseph superiorcourt. Upon receiving a complaint or request, the commission onjudicial qualifications shall make an initial inquiry to determine if acomplaint is founded and not frivolous. The commission on judicialqualifications, without receiving a complaint, may make an initialinquiry on its own motion.
(b) If the commission on judicial qualifications considers it
necessary as a result of its initial inquiry to conduct furtherinvestigation, the judge involved may then be notified of theinvestigation, the nature of the charge, the complaint that must be inwriting, the name of the person making the complaint, if any, or thatthe investigation is on the commission's own motion and the judgeshall be afforded reasonable opportunity in the course of theinvestigation to present matters as the judge may choose. When thisnotice is given, it must be by prepaid registered or certified mailaddressed to the judge at the judge's chambers and at the judge's lastknown address. If the investigation does not disclose sufficient causeto warrant further proceedings, the judge may be so notified. Thecommission on judicial qualifications may make investigations bymembers of the commission or by special investigators employed bythe commission, hold confidential hearings with the person filing thecomplaint or with the person's agents or attorneys, and holdconfidential hearings with the judge involved in the complaint.
(c) If the commission on judicial qualification's initial inquiry orinvestigation does not disclose sufficient cause to warrant furtherproceedings and if the complainant subsequently issues anystatement or statements of any kind for public dissemination relatingto the activities or actions of the commission, the commission mayanswer that statement by reference to as much of the record of itsproceedings or results of its investigation as it considers necessary.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-52
Notification of formal proceedings
Sec. 52. (a) After the investigation is completed and if thecommission on judicial qualifications concludes that formalproceedings should be instituted, the commission shall give writtennotice to the judge advising the judge of the institution of formalproceedings to inquire into the charges against the judge. Theseproceedings shall be entitled:
"BEFORE THE ST. JOSEPH COUNTY JUDICIAL
QUALIFICATIONS COMMISSION
Inquiry Concerning a Judge, No. _______ .".
(b) The notice must be issued in the name of the commission onjudicial qualifications, specify in ordinary and concise language thecharges against the judge and the alleged facts upon which thecharges are based, and advise the judge of the judge's right to file awritten answer to the charges against the judge within twenty (20)days after service of the notice upon the judge. A charge is notsufficient if it merely recites the general language of the originalcomplaint. The charge must specify the facts relied upon to supporta particular charge. A copy of the notice shall be filed in the officeof the commission on judicial qualifications.
(c) The notice shall be made upon the judge by registered orcertified mail addressed to the judge at the judge's chambers and thejudge's last known address.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-53
Answer
Sec. 53. Within twenty (20) days after service of the notice offormal proceedings, the judge may file with the commission onjudicial qualifications a signed original and one (1) copy of ananswer, and shall serve a copy on the counsel by mail.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-54
Time and place for hearing
Sec. 54. Upon filing an answer or upon the expiration of the timefor its filing, the commission on judicial qualifications shall order ahearing to be held before it concerning the discipline, retirement, orremoval of the judge. The commission on judicial qualifications shallset an approximate date, time, and place for a hearing and shall givenotice of the hearing by registered or certified mail to the judge andto the counsel at least twenty (20) days before the date set.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-55
Hearing
Sec. 55. (a) At the date, time, and place set for hearing, thecommission on judicial qualifications may proceed with the hearingwhether or not the judge has filed an answer or appears at thehearing.
(b) The failure of the judge to answer or to appear at the hearing,standing alone, may not be taken as evidence of the truth of the factsalleged to constitute grounds for censure, retirement, or removal. Inany proceeding for involuntary retirement for disability, the failureof the judge to testify in the judge's own behalf or to submit to amedical examination requested by the commission on judicialqualifications may be considered, unless the failure to appear wasdue to circumstances beyond the judge's control.
(c) The proceedings at the hearing shall be reported verbatim.
(d) At least four (4) members of the commission on judicialqualifications must be present when the evidence is produced.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-56
Evidence
Sec. 56. At a hearing before the commission on judicialqualifications the evidentiary rules of the courts of Indiana apply.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-57
Rights of judge in formal proceedings
Sec. 57. (a) In formal proceedings involving the judge's discipline,retirement, or removal, a judge has the right and reasonableopportunity to defend against the charges by the introduction ofevidence, to be represented by counsel, and to examine and
cross-examine witnesses. The judge has the right to the issuance ofsubpoenas for attendance of witnesses to testify or produce books,papers, and other evidentiary matter.
(b) When a transcript of the testimony has been prepared at theexpense of the commission on judicial qualifications, a copy shall befurnished without cost to the judge. The judge has the right, withoutany order or approval, to have all or any part of the testimony in theproceedings transcribed at the judge's expense.
(c) Except as otherwise provided in this chapter, wheneverprovision is made for giving notice or sending any matter to thejudge, that notice or matter must be mailed by registered or certifiedmail to the judge at the judge's office and residence unless the judgerequests otherwise in writing, and a copy is mailed to the judge'sattorney of record.
(d) If the judge has been adjudged incapacitated under IC 29-3, theguardian may claim and exercise any right and privilege and makeany defense for the judge with the same force and effect as ifclaimed, exercised, or made by the judge, if competent, andwhenever these rules provide for serving or giving notice or sendingany matter to the judge, a copy of the notice or matter also shall beserved, given, or sent to the guardian.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-58
Amendments to notice or answer
Sec. 58. At any time before determination of the issues, thecommission on judicial qualifications may allow or requireamendments to the notice of formal proceedings and may allowamendments to the answer. The notice may be amended to conformto proof or to set forth additional facts, whether occurring before orafter the commencement of the hearing. If an amendment is made,the judge shall be given reasonable time both to answer theamendment and to prepare and present the judge's defense against thematters charged thereby.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-59
Hearing additional evidence
Sec. 59. The commission on judicial qualifications may order ahearing for the taking of additional evidence at any time while thematter is pending before it. The order must set the date, time, andplace of the hearing in St. Joseph County and must indicate thematters on which the evidence is to be taken. A copy of the ordershall be sent by registered or certified mail to the judge and to thecounsel at least ten (10) days before the date of the hearing.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-60
Recommendation of commission; vote
Sec. 60. If the commission on judicial qualifications finds good
cause, it shall recommend to the supreme court the censure,retirement, or removal of the judge. The affirmative vote of four (4)members of the commission on judicial qualifications, including amajority of those who were present at the hearing or hearings whenthe evidence was produced, is required for a recommendation ofdiscipline, retirement, or removal of a judge.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-61
Certified recommendation to supreme court
Sec. 61. Upon making a determination recommending the censure,retirement, or removal of a judge, the commission on judicialqualifications shall promptly file a copy of the recommendationcertified by the chairman or secretary of the commission, togetherwith the transcript and findings and conclusions, with the clerk of thesupreme court and shall promptly mail to the judge and to thecounsel notice of the filing, together with a copy of therecommendation, finding, and conclusions.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-62
Petition to modify or reject commission recommendation
Sec. 62. (a) A petition to the supreme court to modify or reject therecommendation of the commission on judicial qualifications forcensure, retirement, or removal of a judge may be filed by the judgewithin thirty (30) days after the filing with the clerk of the supremecourt of the certified copy of the commission's recommendation. Thepetition must:
(1) be verified;
(2) be based on the record;
(3) specify the grounds relied on; and
(4) be accompanied by petitioner's brief together with proof ofservice on the commission of two (2) copies, and on the counselof one (1) copy, of the petition and the brief.
Within twenty (20) days after service of petitioner's brief thecommission on judicial qualifications shall file a respondent's briefand serve a copy of the respondent's brief on the judge. Withintwenty (20) days after service of the respondent's brief, the petitionermay file a reply brief, two (2) copies of which shall be served on thecommission on judicial qualifications and one (1) copy shall beserved on the counsel.
(b) Failure to file a petition within the time provided is considereda consent to the determination on the merits based upon the recordfiled by the commission on judicial qualifications.
(c) To the extent necessary to implement this section and if notinconsistent with this section, the Indiana Rules of AppellateProcedure are applicable to reviews by the supreme court ofcommission on judicial qualifications proceedings.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-63
Powers of commission in investigations and hearings
Sec. 63. The commission on judicial qualifications has jurisdictionand powers necessary to conduct the proper and speedy dispositionof any investigation or hearing, including the power to compel theattendance of witnesses, to take or cause to be taken the depositionof witnesses, and to order the production of books, records, or otherdocumentary evidence. Any member of the commission on judicialqualifications may administer oaths and affirmations to witnesses inany matter within the jurisdiction of the commission.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-64
Subpoenas
Sec. 64. Subpoenas for the attendance of witnesses and theproduction of documentary evidence between the commission onjudicial qualifications or for discovery shall be issued by thechairman of the commission and shall be served in the mannerprovided by law for the service of process.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-65
Enforcement of subpoena
Sec. 65. If in any proceeding before the commission on judicialqualifications, any witness fails or refuses to attend upon subpoenaissued by the commission or any of the commission's representatives,or appearing, refuses to testify or refuses to produce any books andpapers the production of which is called for by the subpoena, theattendance of any witness and the giving of the witness's testimonyand the production of the books and papers required shall beenforced by the St. Joseph circuit court.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-66
Papers and pleadings filed with commission
Sec. 66. All papers and pleadings filed with the chairman of thecommission on judicial qualifications at the chairman's office shallbe considered filed with the commission.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-67
Discovery
Sec. 67. (a) In all formal proceedings, discovery shall be availableto the commission on judicial qualifications and to the judge inaccordance with the Indiana Rules of Civil Procedure. Any motionsrequesting court orders for discovery shall be made to the St. Josephcircuit court.
(b) In all formal proceedings before the commission on judicialqualifications, the counsel shall furnish to the judge not less thantwenty (20) days before any hearing the following: (1) The names and addresses of all witnesses whose testimonythe counsel expects to offer at the hearing together with copiesof all written statements and transcripts of testimony of thewitnesses in the possession of the counsel or the commission thatare relevant to the subject matter of the hearing and that have notpreviously been furnished the judge.
(2) Copies of all documentary evidence that the counsel expectsto offer in evidence at the hearing. The testimony of any witness,except if offered in rebuttal or for impeachment, whose nameand address have not been furnished to the judge, anddocumentary evidence, copies of which have not been furnishedto the judge, as provided in this subsection, are not admissible inevidence at the hearing over the objection of the judge. Afterformal proceedings have been instituted, the judge may requestin writing that the counsel furnish to the judge the names andaddresses of all witnesses then or thereafter known to thecounsel who have information that may be relevant to any chargeagainst the judge and to any defense of the judge with respect tothe charge. The counsel shall also furnish copies of such writtenstatements, transcripts of testimony, and documentary evidenceas are then or thereafter known to the counsel and are then orthereafter in the possession of the counsel or the commission thatare relevant to any charges or defense and that have notpreviously been furnished the judge. The counsel shall complywith a request within ten (10) days after receipt of the requestand thereafter within ten (10) days after any information orevidence becomes known to the counsel.
(c) During the course of an investigation by the commission onjudicial qualifications, the judge whose conduct is being investigatedmay demand in writing that the commission either institute formalproceedings against the judge or enter a formal finding that there isnot probable cause to believe that the judge is guilty of anymisconduct. The commission on judicial qualifications shall withinsixty (60) days after the judge's demand comply with the demand. Acopy of the demand must be filed with the supreme court and is amatter of public record. If, after a demand, the commission onjudicial qualifications finds that there is not probable cause, thatfinding must be filed with the supreme court and is a matter of publicrecord.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-68
Retirement; removal
Sec. 68. (a) Whenever a judge of a St. Joseph County court isretired by the supreme court under this chapter and on the groundsset forth in sections 44 and 46 of this chapter, the judge is consideredto have retired voluntarily. In these situations, this chapter may notbe construed to authorize any encroachment upon or impairment ofany rights of the judge or the judge's surviving spouse under anyconstitutional or statutory retirement program. (b) A judge of a St. Joseph County court who is removed fromoffice by the supreme court on those grounds set forth in sections 44and 46 of this chapter, is ineligible for judicial office and, pendingfurther order of the supreme court, shall be suspended from thepractice of law in Indiana.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-69
Magistrates
Sec. 69. (a) The court may appoint two (2) full-time magistratesunder IC 33-23-5 to serve the court using the selection methodprovided by IC 36-1-8-10(b)(1) or IC 36-1-8-10(b)(2). Not more thanone (1) of the magistrates appointed under this section may be amember of the same political party.
(b) A magistrate continues in office until removed by the judges ofthe court.
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