CHAPTER 89.3. WAYNE SUPERIOR COURT NO. 3
IC 33-33-89.3
Chapter 89.3. Wayne Superior Court No. 3
IC 33-33-89.3-1
Application
Sec. 1. IC 33-29-1 does not apply to this chapter.
As added by P.L.98-2004, SEC.12.
IC 33-33-89.3-2
Establishment of superior court
Sec. 2. There is established a court of record having generaljurisdiction to be known as the Wayne superior court No. 3 (referredto as "the court" in this chapter). The court may have a sealcontaining the words "Wayne Superior Court No. 3, Wayne County,Indiana". Wayne County comprises the judicial district of the court.
As added by P.L.98-2004, SEC.12.
IC 33-33-89.3-3
Judge; election
Sec. 3. (a) The court has one (1) judge, who shall be elected at thegeneral election every six (6) years in Wayne County. The judge'sterm begins January 1 following the judge's election and endsDecember 31 following the election of the judge's successor.
(b) To be eligible to hold office as judge of the court, a personmust:
(1) be a resident of Wayne County;
(2) be less than seventy (70) years of age at the time the persontakes office;
(3) be admitted to the bar of Indiana; and
(4) have practiced law at least five (5) years.
As added by P.L.98-2004, SEC.12.
IC 33-33-89.3-4
Jurisdiction
Sec. 4. The court has the same jurisdiction as the Wayne circuitcourt and Wayne superior courts No. 1 and No. 2.
As added by P.L.98-2004, SEC.12.
IC 33-33-89.3-5
Judicial powers
Sec. 5. The judge of the court has the same powers relating to theconduct of business of the court as the judge of the Wayne circuitcourt and the judges of Wayne superior courts No. 1 and No. 2. Thejudge has all powers incident to a court of record in relation to theattendance of witnesses and punishment for contempt, and the powerto enforce the judge's orders. The judge may administer oaths,solemnize marriages, take and certify acknowledgements of deeds,and give all necessary certificates for the authentication of recordsand proceedings of the judge's court.
As added by P.L.98-2004, SEC.12.
IC 33-33-89.3-6
Personnel
Sec. 6. The judge of the court may appoint a bailiff, official courtreporter, referee, commissioner, and any other personnel as the judgeconsiders necessary to facilitate and transact the business of thecourt. The judge of the court shall fix their compensation within thelimits and in the manner as provided by law concerning these officersand employees. These personnel serve at the pleasure of the courtand are paid monthly in the manner of payment for officers andemployees of Wayne circuit court and Wayne superior courts No. 1and No. 2.
As added by P.L.98-2004, SEC.12.
IC 33-33-89.3-7
Books, dockets, and papers
Sec. 7. The clerk, under the direction of the judge of the court,shall provide order books, judgment dockets, execution dockets, feebooks, and other books for the court, which shall be kept separatelyfrom the books and papers of other courts.
As added by P.L.98-2004, SEC.12.
IC 33-33-89.3-8
Location of court sessions
Sec. 8. (a) The court shall hold its sessions in a place to bedetermined and provided by the county council of Wayne County.
(b) The board of county commissioners of Wayne County:
(1) shall provide and maintain in the courthouse a suitable andconvenient courtroom for holding the court and suitable andconvenient jury room and offices for the judge, official courtreporter, and staff of the court; and
(2) shall provide all necessary furniture and equipment for therooms, offices, and employees of the court and all necessarydockets, books, and records for the court.
(c) The county council shall make all necessary appropriationsfrom the general fund of the county for the purpose of carrying outthis chapter.
As added by P.L.98-2004, SEC.12.
IC 33-33-89.3-9
Repealed
(Repealed by P.L.118-2007, SEC.38.)
IC 33-33-89.3-10
Sitting of judges
Sec. 10. The judges of the Wayne circuit court and Waynesuperior courts No. 1 and No. 2 may, with the consent of the judgeof the court, sit as judge of the court in any matter in the small claimsand minor offenses division of the court, as if the judge were anelected judge of the court.
As added by P.L.98-2004, SEC.12.
IC 33-33-89.3-11
Transfer of actions and proceedings
Sec. 11. The judges of the Wayne circuit court and Waynesuperior courts No. 1 and No. 2 may, with the consent of the judgeof the court, transfer any action, cause, or proceeding filed anddocketed in the Wayne circuit court, Wayne superior court No. 1, orWayne superior court No. 2, to the court by transferring all originalpapers and instruments filed in such an action, cause, or proceeding.The action, cause, or proceeding shall be treated as if originally filedwith the court. The judge of the court may, with the consent of thejudge of the Wayne circuit court, Wayne superior court No. 1, orWayne superior court No. 2, transfer any action, cause, or proceedingfiled and docketed in the court, except a cause properly docketed inthe small claims or minor offenses division of the court, to theWayne circuit court, Wayne superior court No. 1, or Wayne superiorcourt No. 2, by transferring all original papers and instruments filedin the action, cause, or proceeding. The action, cause, or proceedingshall be treated as if originally filed with the transferee court.However, if any cause, action, or proceeding transferred under thissection is later transferred on change of venue to a court of anothercounty or if any cause is appealed to the court of appeals or supremecourt of Indiana, then the party taking the change of venue or appealmay have a transcript made of the proceedings in each court,certified by the clerk of that court. The transcript has the same forceand effect and gives the court to which it is taken on change of venueor appeal the same jurisdiction, as though this transcript had beenoriginally made when the cause was transferred to the transfereecourt.
As added by P.L.98-2004, SEC.12.
IC 33-33-89.3-12
Small claims and misdemeanor division
Sec. 12. The Wayne superior court No. 3 has a standard smallclaims and misdemeanor division.
As added by P.L.98-2004, SEC.12.