CHAPTER 6. FACILITIES AND PERSONNEL

IC 33-34-6

    

Chapter 6. Facilities and Personnel

IC 33-34-6-1

Courtroom and office

    

Sec. 1. The township trustee shall provide a courtroom and an
office for each judge in a convenient location within the township
that has:

        (1) adequate access;

        (2) sufficient parking facilities;

        (3) a separate and appropriate courtroom;

        (4) proper space and facilities for the bailiff, clerks, and other
employees; and

        (5) enough room for files and supplies.

As added by P.L.98-2004, SEC.13. Amended by P.L.174-2006,
SEC.7.

IC 33-34-6-2

Supplies and maintenance

    

Sec. 2. A township shall:

        (1) furnish all:

            (A) supplies, including all blanks, forms, stationery, and
papers of every kind, required for use in all cases in the
township small claims court; and

            (B) furniture, books, and other necessary equipment and
supplies; and

        (2) provide for all necessary maintenance and upkeep of the
facilities where court is held.

As added by P.L.98-2004, SEC.13. Amended by P.L.174-2006,
SEC.8.

IC 33-34-6-3

Clerks

    

Sec. 3. Each township shall provide an appropriate and
competitive salary of at least five thousand six hundred dollars
($5,600) for the number of clerks for the small claims court sufficient
to:

        (1) operate efficiently; and

        (2) adequately serve the citizens doing business with the court.

As added by P.L.98-2004, SEC.13.

IC 33-34-6-4

Constable; election; deputies; compensation

    

Sec. 4. (a) The voters of each township having a small claims
court shall elect a constable for the small claims court at the general
election every four (4) years for a term of office of four (4) years,
beginning January 1 after election and continuing until a successor
is elected and qualified. The ballot must state the:

        (1) name of the candidate; and

        (2) court for which the candidate is to serve.

    (b) Each small claims court shall have a constable who:

        (1) acts as the bailiff of the court;

        (2) serves the court's personal service of process;

        (3) has police powers to:

            (A) make arrests;

            (B) keep the peace; and

            (C) carry out the orders of the court;

        (4) must meet the qualifications prescribed by IC 3-8-1-31;

        (5) is compensated for each process that is delivered to effect
personal service when serving as the bailiff for the court;

        (6) is responsible for:

            (A) the preparation and mailing of all registered or certified
service and is compensated for each process served by mail;
and

            (B) all the official acts of the deputies;

        (7) is compensated solely from the service of process fees
collected under IC 33-34-8-1; and

        (8) may require a deputy to give a bond for the proper discharge
of the deputy's duties for an amount fixed by the constable.

    (c) The elected constable may appoint full-time and part-time
deputies for assistance in the performance of official duties who:

        (1) perform all the official duties required to be performed by
the constable;

        (2) possess the same statutory and common law powers and
authority as the constable;

        (3) must take the same oath required of the constable;

        (4) are compensated solely from the service of process fees
collected under IC 33-34-8-1; and

        (5) serve at the pleasure of the constable and may be dismissed
at any time with or without cause.

    (d) If there is an:

        (1) emergency; or

        (2) inability of a constable to carry out the constable's duties;

the judge may appoint a special constable to carry out the duties of
the constable during the emergency or inability.

As added by P.L.98-2004, SEC.13.