CHAPTER 1. ESTABLISHMENT; ELECTION OF JUDGES

IC 33-35
    ARTICLE 35. CITY AND TOWN COURTS

IC 33-35-1
    Chapter 1. Establishment; Election of Judges

IC 33-35-1-1
Authority to establish or abolish; election of judge; notice
    Sec. 1. (a) During 2006 and every fourth year after that, a secondor third class city or a town may by ordinance establish or abolish acity or town court. An ordinance to establish a city or town courtmust be adopted not less than one (1) year before the judge's termwould begin under section 3 of this chapter.
    (b) The judge for a court established under subsection (a) shall beelected under IC 3-10-6 or IC 3-10-7 at the municipal election inNovember 2007 and every four (4) years thereafter.
    (c) A court established under subsection (a) comes into existenceon January 1 of the year following the year in which a judge iselected to serve in that court.
    (d) A city or town court in existence on January 1, 1986, maycontinue in operation until it is abolished by ordinance.
    (e) A city or town that establishes or abolishes a court under thissection shall give notice of its action to the division of state courtadministration of the office of judicial administration underIC 33-24-6.
As added by P.L.98-2004, SEC.14. Amended by P.L.164-2006,SEC.141.

IC 33-35-1-2
Town court judge election in general election year; ordinance
    Sec. 2. (a) This section applies to a town that:
        (1) adopts an ordinance under IC 3-10-6-2.6; and
        (2) subsequently adopts an ordinance to establish a town courtunder section 1 of this chapter.
    (b) Notwithstanding section 1 of this chapter, the judge of thetown court shall be elected at the next municipal election notconducted in a general election year. The successors of the judgeshall be elected at the first general election following the municipalelection and every four (4) years thereafter.
As added by P.L.98-2004, SEC.14.

IC 33-35-1-3
City or town court judge; term; bond
    Sec. 3. (a) The judge of a city or town court shall be elected underIC 3-10-6 or IC 3-10-7 by the voters of the city or town.
    (b) Except as provided in subsections (c) and (d), the term ofoffice of a judge elected under this section is four (4) years,beginning at noon January 1 after election and continuing until asuccessor is elected and qualified.
    (c) This subsection applies to a town that adopts an ordinance

under IC 3-10-6-2.6. The term of office of:
        (1) a judge elected at the next municipal election not conductedin a general election year is one (1) year; and
        (2) the successors to the judge described in subdivision (1) isfour (4) years;
beginning at noon January 1 after election and continuing until asuccessor is elected and qualified.
    (d) This subsection applies to a town that adopts an ordinanceunder IC 3-10-7-2.7. The term of office of:
        (1) a judge elected at the next municipal election not conductedin a general election year is three (3) years; and
        (2) the successors to the judge described in subdivision (1) isfour (4) years;
beginning noon January 1 after election and continuing until asuccessor is elected and qualified.
    (e) Before beginning the duties of office, the judge shall, in themanner prescribed by IC 5-4-1, execute a bond conditioned upon thefaithful discharge of the duties of office.
As added by P.L.98-2004, SEC.14.

IC 33-35-1-4
City court judge; eligibility
    Sec. 4. To be eligible to hold the office of city court judge, asprovided by Article 6, Section 6, of the Constitution of the State ofIndiana, the judge must be a resident of the city during the term ofoffice or the office becomes vacant.
As added by P.L.98-2004, SEC.14.

IC 33-35-1-5
Town court judge; oath; bond
    Sec. 5. Before beginning the duties of office, the judge of a towncourt must:
        (1) take and subscribe to the same oath of office as judges ofcircuit courts; and
        (2) execute a bond payable to the town in the penal sum of fivethousand dollars ($5,000), conditioned upon the faithfulperformance of the duties of the judge's office with good andsufficient surety.
The bond must be approved by the legislative body of the town andfiled in the office of the town clerk-treasurer.
As added by P.L.98-2004, SEC.14.

IC 33-35-1-6
Interlocal agreements; ordinance violations
    Sec. 6. A city or town that has not established a court under thischapter may enter into an interlocal agreement under IC 36-1-7 witha city or town that:
        (1) has established a court under this chapter; and
        (2) is located in the same judicial circuit as the city or town thathas not established a court;to hear and dispose of ordinance violations that would otherwisecome under the jurisdiction of a court established by the city or townunder this chapter.
As added by P.L.55-2010, SEC.1.