CHAPTER 2. JUDGES
IC 33-34-2
Chapter 2. Judges
IC 33-34-2-1
Election
Sec. 1. A judge shall be elected at the general election every four(4) years by the registered voters residing within the township inwhich the small claims court is located.
As added by P.L.98-2004, SEC.13. Amended by P.L.174-2006,SEC.4.
IC 33-34-2-2
Qualifications
Sec. 2. A judge must meet the qualifications prescribed byIC 3-8-1-30.
As added by P.L.98-2004, SEC.13.
IC 33-34-2-3
Term of office
Sec. 3. The term of office of a judge is four (4) years, beginningJanuary 1 after election and continuing until a successor is:
(1) elected; and
(2) qualified.
As added by P.L.98-2004, SEC.13.
IC 33-34-2-4
Court schedule
Sec. 4. (a) The circuit court judge may establish a regular hourlyschedule for the performance of duties by full-time or part-timetownship small claims courts and each judge shall maintain thatschedule.
(b) If the circuit court judge does not establish a regular hourlyschedule, the judge shall perform the judge's duties at regular,reasonable hours.
(c) Regardless of whether a regular hourly schedule has beenestablished as set forth in subsection (a), a judge shall hold sessionsin addition to the judge's regular schedule whenever the business ofthe judge's court requires.
As added by P.L.98-2004, SEC.13.
IC 33-34-2-5
Salary
Sec. 5. (a) The salary of a judge who serves full time must be inan amount determined by the township board of the township inwhich the small claims court is located.
(b) The salary of each judge who serves part time must be in anamount determined by the township board and approved by thecity-county council.
(c) The salary of a judge may not be reduced during the judge'sterm of office. (d) At any other time, salaries of any full-time or part-time judgemay be increased or decreased by the township board of the townshipin which the small claims court is located.
As added by P.L.98-2004, SEC.13.
IC 33-34-2-6
Salary payment; conflict of duties
Sec. 6. (a) The annual salary of a judge shall be paid in twelve(12) equal monthly installments by the township trustee.
(b) The judge may not receive remuneration other than a salary setunder section 5 of this chapter for the performance of the judge'sofficial duties except payments for performing marriage ceremonies.
As added by P.L.98-2004, SEC.13.
IC 33-34-2-7
Other employment
Sec. 7. (a) A judge serving part-time may participate in othergainful employment if the employment does not:
(1) interfere with the exercise of the judge's judicial office; or
(2) involve any conflict of interest in the performance of thejudge's judicial duties.
(b) A judge serving full time may practice law if the practice doesnot conflict in any way with the judge's official duties and does not:
(1) cause the judge to be unduly absent from the court; or
(2) interfere with the ready and prompt disposal of the judge'sjudicial duties.
As added by P.L.98-2004, SEC.13.
IC 33-34-2-8
Retirement fund; eligibility
Sec. 8. The:
(1) judge of a small claims court; and
(2) employees of the court;
may be eligible to participate in the public employees' retirementfund as provided in IC 5-10.3, but a judge is not eligible toparticipate as a member in the judges' retirement fund underIC 33-38.
As added by P.L.98-2004, SEC.13.
IC 33-34-2-9
Vacations
Sec. 9. (a) A vacation of one (1) month per year shall be providedfor a judge who serves in a full-time capacity.
(b) The circuit court judge may authorize the appointment of ajudge pro tempore to handle the judicial business of the vacationingjudge, if the circuit court judge considers it necessary.
As added by P.L.98-2004, SEC.13.
IC 33-34-2-10
Discipline Sec. 10. (a) A judge is subject to disciplinary action for thegrounds and in the manner set forth in IC 33-38-14.
(b) The commission on judicial qualifications for judges of thesuperior and probate courts is the commission on judicialqualifications for the judges of the small claims courts.
As added by P.L.98-2004, SEC.13.
IC 33-34-2-11
Oath
Sec. 11. Before assuming the duties of a judge, a judge must takean oath to:
(1) faithfully perform the duties of the judge's office; and
(2) support and defend to the best of the judge's ability theconstitution and laws of Indiana and the United States.
As added by P.L.98-2004, SEC.13.
IC 33-34-2-12
Bond
Sec. 12. (a) A judge shall:
(1) furnish a bond in a sum required by the circuit court judgeto provide for the:
(A) faithful discharge of the duties of the office; and
(B) payment or delivery to the proper persons of whatevermoney or other property may come into the judge's handswhen acting as judge; and
(2) file the bond with the county recorder.
The bond must also extend to cover a person that is appointed to actas judge under IC 33-34-5-4.
As added by P.L.98-2004, SEC.13.
IC 33-34-2-13
Seal
Sec. 13. (a) A judge shall procure a seal that will stamp uponpaper a distinct impression of words and letters. The seal mustcontain the words "____________ Township of Marion CountySmall Claims Court" (insert the name of the township in the blank).
(b) Deeds, mortgages, powers of attorney, state warrants, and allother instruments of writing pertaining to the judge's official duty,attested by the seal and signature of the judge, are presumptiveevidence of the official character of the court or judge in all courtsin Indiana without further authentication.
As added by P.L.98-2004, SEC.13.
IC 33-34-2-14
Resignation
Sec. 14. (a) The resignation of a judge shall be delivered to theclerk of the circuit court. The clerk shall advise the circuit court andappropriate township board.
(b) A vacancy occurring in a judgeship must be filled underIC 3-13-10.As added by P.L.98-2004, SEC.13.