CHAPTER 82. VANDERBURGH COUNTY
IC 33-33-82
Chapter 82. Vanderburgh County
IC 33-33-82-1
Application
Sec. 1. IC 33-29-1 does not apply to this chapter.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-2
Judicial circuit
Sec. 2. Vanderburgh County constitutes the first judicial circuit.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-3
Magistrate
Sec. 3. The judge of the Vanderburgh circuit court may appointone (1) full-time magistrate under IC 33-23-5. The magistratecontinues in office until removed by the judge.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-4
Judicial powers
Sec. 4. All inherent powers of judicial mandate in VanderburghCounty remain vested in the judges of the county.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-5
Establishment of superior court; judges
Sec. 5. There is established a superior court in VanderburghCounty that consists of seven (7) judges who hold office for six (6)years and until their successors are elected and qualified.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-6
Magistrates
Sec. 6. (a) The judges of the Vanderburgh superior court mayjointly appoint not more than four (4) full-time magistrates underIC 33-23-5.
(b) A magistrate continues in office until jointly removed by thejudges.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-7
Name
Sec. 7. The court shall be known as the Vanderburgh SuperiorCourt.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-8
Seal Sec. 8. The court shall have a seal consisting of a circular diskcontaining the words "Vanderburgh Superior Court", "Indiana", and"Seal", and a design as the court may determine, an impression ofwhich shall be spread of record upon the order book of the court.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-9
Jurisdiction
Sec. 9. (a) The superior court has:
(1) original, appellate, concurrent, and coextensive jurisdictionwith the circuit court in all civil cases and criminal cases;
(2) jurisdiction concurrent and coextensive with the circuitcourt in all cases of appeal from boards of countycommissioners and city courts; and
(3) all other appellate jurisdiction vested in the circuit court.
(b) The superior court has original and exclusive jurisdiction in allmatters pertaining to:
(1) the probate and the settlement of decedents' estates, trusts,and guardianships;
(2) the probate of wills, proceedings to resist probate of wills,and proceedings to contest wills;
(3) the appointment of guardians, assignees, executors,administrators, and trustees;
(4) the administration and settlement of estates of protectedpersons (as defined in IC 29-3-1-13) and deceased persons, andof trusts, assignments, adoptions, and surviving partnerships;and
(5) all other probate matters.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-10
Juvenile jurisdiction
Sec. 10. The superior court has exclusive juvenile jurisdiction inVanderburgh County.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-11
Court of record; force and effect of judgments, decrees, and orders
Sec. 11. The superior court is a court of record and its judgments,decrees, orders, and proceedings have the same force and effect andshall be enforced in the same manner as those of the circuit court.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-12
Power and authority of judges
Sec. 12. (a) The judges of the superior court may make and adoptrules and regulations for conducting the business of the court andhave the powers incident to a court of record in relation to theattendance of witnesses, the punishment of contempts, and theenforcement of its orders. (b) The judges may administer oaths, solemnize marriages, takeand certify acknowledgment of deeds, and give all necessarycertificates for the authentication of the records and proceedings inthe court.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-13
Power of judges same as circuit court judges
Sec. 13. The judges of the superior court have the same powers togrant restraining orders and injunctions; to issue writs of habeascorpus; to appoint receivers, masters, and commissioners to conveyreal property; to grant commissions for the examination of witnesses;to appoint other officers necessary to facilitate and transact thebusiness of the court as conferred on circuit courts or the judges ofthe circuit court; and to appoint officers necessary to facilitate thebusiness of the superior court.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-14
Location of court sessions
Sec. 14. (a) The Vanderburgh superior court shall hold sessionsin the Vanderburgh County courthouse in Evansville or itsreplacement.
(b) The board of county commissioners of Vanderburgh Countyshall:
(1) provide and maintain in the courthouse suitable andconvenient courtrooms for the holding of the court, suitable andconvenient jury rooms, offices for the judges, secretaries, andofficial court reporters, and other facilities as necessary; and
(2) provide all the necessary furniture and equipment for therooms and offices of the court.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-15
Dockets; books, papers, and records
Sec. 15. The clerk, under the direction of the superior court, shallprovide:
(1) order books;
(2) judgment dockets;
(3) execution dockets;
(4) fee books; and
(5) other books, papers, and records necessary for the court.
All books, papers and proceedings of the court shall be kept distinctand separate from those of other records.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-16
Order books; signature of judges
Sec. 16. The superior court shall maintain order books as the courtdetermines necessary for the entire court. An order book may be
signed on behalf of the court by any of the sitting judges of the courtand the signature constitutes authentication of the actions of each ofthe judges in the court.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-17
Court reporter and bailiff
Sec. 17. Each judge of the superior court shall appoint a courtreporter, a bailiff, and a riding bailiff for the court whose salariesshall be fixed by the court and paid as provided by law and whoserves at the pleasure of the judge making the appointment.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-18
Additional officers and personnel
Sec. 18. The superior court may appoint additional officers andpersonnel as necessary for the proper administration of the duties ofthe court, whose salaries shall be fixed by the court and who serve atthe pleasure of the court.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-19
Probation officers
Sec. 19. The court shall appoint probation officers who shallperform the same duties and receive the same compensation as isprovided by law.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-20
Laws and rules applicable to practice and procedure
Sec. 20. All laws of the state and all rules adopted by the supremecourt governing 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 are applicable to and govern the superior court.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-21
Repealed
(Repealed by P.L.118-2007, SEC.38.)
IC 33-33-82-22
Appeals from orders or judgments
Sec. 22. Any party may appeal to the supreme court or the courtof appeals from any order or judgment of the superior court in anycase where an appeal may be had from a similar order or judgmentof the circuit court. The appeal is governed by the law and rulesgoverning appeals to the court of appeals and the supreme court.As added by P.L.98-2004, SEC.12.
IC 33-33-82-23
Process of court
Sec. 23. The process of the superior court must have the sealaffixed and be attested, directed, served, returned, and in the form asis provided for process issuing from the circuit court.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-24
Presiding judge
Sec. 24. The superior court, by rules adopted by the court, shalldesignate one (1) of the judges as presiding judge and fix the timethe presiding judge presides. The presiding judge is responsible forthe operation and conduct of the court and to seeing that the courtoperates efficiently and judicially.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-25
Judges; acting in concert; majority decision
Sec. 25. When any action of the entire court is required, the sittingjudges of the court shall act in concert. If there is a disagreement, thedecision of the majority of the sitting judges controls.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-26
Transfer of causes from circuit court
Sec. 26. The judge of the circuit court may, with the consent ofthe superior court, 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 33-33-82-27
Transfer of causes to circuit court
Sec. 27. Any judge of the superior court may, with the consent ofthe judge of the circuit court transfer any action, cause, or proceedingfiled and docketed in the superior court to the circuit court bytransferring all original papers and instruments filed in the action,cause, or proceeding without further transcript to be redocketed anddisposed of as if originally filed with the circuit court.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-28
Circuit court judge sitting as superior court judge
Sec. 28. The judge of the Vanderburgh circuit court may sit as ajudge of the superior court, with the court's permission, in all matterspending before the superior court, without limitation and without any
further order, in the same manner as if the judge were a judge of thesuperior court with all the rights and powers as if the judge were anelected judge of the superior court.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-29
Budget estimates
Sec. 29. The superior court shall submit its budget estimatesannually to the auditor of the county for presentment and approval bythe county council, as provided in IC 36-2-5.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-30
Small claims and misdemeanor division
Sec. 30. The Vanderburgh superior court has a standard smallclaims and misdemeanor division.
As added by P.L.98-2004, SEC.12.
IC 33-33-82-31
Judges; nonpartisan elections; declaration of candidacy; eligibility
Sec. 31. (a) The judge of the Vanderburgh circuit court and eachof the seven (7) judges of the Vanderburgh superior court shall beelected in nonpartisan elections every six (6) years.
(b) During the period under IC 3-8-2-4 in which a declaration ofcandidacy may be filed for a primary election, any person desiring tobecome a candidate for any one (1) of the eight (8) judgeshipsaffected by this chapter shall file with the election division adeclaration of candidacy adapted from the form prescribed underIC 3-8-2, signed by the candidate and designated which judgeship thecandidate seeks. Any petition without the designation shall berejected by the election division (or by the Indiana electioncommission under IC 3-8-1-2). To be eligible for election, acandidate must be:
(1) domiciled in the county of Vanderburgh;
(2) a citizen of the United States; and
(3) admitted to the practice of law in Indiana.
(c) If an individual who files a declaration under subsection (b)ceases to be a candidate after the final date for filing a declarationunder subsection (b), the election division may accept the filing ofadditional declarations of candidacy for that judgeship not later thannoon August 1.
(d) All candidates for each respective judgeship shall be listed onthe general election ballot in the form prescribed by IC 3-11, withoutparty designation. The candidate receiving the highest number ofvotes for each judgeship shall be elected to that office.
(e) IC 3, where not inconsistent with this chapter, applies toelections under this chapter.
As added by P.L.98-2004, SEC.12. Amended by P.L.58-2005,SEC.37.