CHAPTER 3. PERSONNEL; EXPENSES; COSTS
IC 33-35-3
Chapter 3. Personnel; Expenses; Costs
IC 33-35-3-1
City court officers; town court officers
Sec. 1. (a) The officers of a city court are a:
(1) judge;
(2) clerk; and
(3) bailiff.
However, in third class cities, the judge may act as clerk and performall duties of the clerk of the court or appoint a clerk of the court. Ifthe judge does not act as clerk of the court or appoint a clerk of thecourt, the city clerk-treasurer elected under IC 3-10-6 shall performthe duties of the clerk of the city court.
(b) The clerk is an officer of a town court. The judge of a towncourt may act as clerk and perform all duties of the clerk of the courtor appoint a clerk of the court. If the judge does not act as a clerk ofthe court or appoint a clerk of the court, the town clerk-treasurerelected under IC 3-10-6 or IC 3-10-7 shall perform the duties of theclerk of the town court.
(c) The clerk and bailiff may not receive any fees or compensationother than their salaries.
As added by P.L.98-2004, SEC.14.
IC 33-35-3-2
Clerk of city court in second or third class cities; powers and duties
Sec. 2. (a) In second class cities, the city clerk is the clerk of thecity court. The city clerk of a third class city is the clerk of the citycourt if the judge does not serve as clerk or appoint a clerk undersection 1 of this chapter.
(b) A city clerk of a second class city, a city clerk-treasurer of athird class city, or an appointed clerk in a third class city who servesas the clerk of the city court shall give bond as prescribed in thischapter.
(c) The clerk may administer oaths.
(d) The clerk of a city or town court shall:
(1) issue all process of the court, affix the seal of the court tothe process, and attest to the process;
(2) keep a complete record and docket of all cases showing:
(A) the name of a person who was arrested and broughtbefore the court;
(B) the disposition of the case; and
(C) an account of the:
(i) fees;
(ii) fines;
(iii) penalties;
(iv) forfeitures;
(v) judgments;
(vi) executions;
(vii) decrees; and (viii) orders;
in as near to the same manner as the records are kept by theclerk of the circuit court; and
(3) collect all:
(A) fees;
(B) fines;
(C) penalties and forfeitures;
(D) judgments;
(E) executions; and
(F) money;
accruing to the city or town from the enforcement ofordinances.
(e) At the close of each week, the clerk shall make and deliver tothe city controller of a second class city, clerk-treasurer of a thirdclass city, or clerk-treasurer of a town a written report of all cases inwhich the clerk has received or collected any fines or forfeitures duethe city or town. The clerk shall then pay over the money to thecontroller or clerk-treasurer and take a receipt for the payment.
(f) At the end of each month, the clerk shall make out and deliverto the county treasurer of the county in which the city or town islocated a written report of all cases in which the clerk has receivedor collected any fines or forfeitures due the state during the monthand pay to the county treasurer all fines or forfeitures collected,taking a receipt for the payment.
(g) In cities in which the county treasurer rather than the citycontroller receives city money for deposit, the clerk shall report anddeliver the money to the county treasurer.
(h) The clerk shall deposit all court costs collected by the clerk inaccordance with IC 33-37-7-12. The clerk shall distribute the stateand county share of court costs collected in accordance withIC 33-37-7-8.
As added by P.L.98-2004, SEC.14. Amended by P.L.1-2006,SEC.506.
IC 33-35-3-3
Bailiff of city courts
Sec. 3. (a) The bailiff of a city court must be a police officer ofthe city assigned to the court by the chief of police, under directionof the board of public safety. However, the judge of the city courtmay appoint another person to serve as bailiff.
(b) The bailiff shall give bond payable to the city in the penal sumof one thousand dollars ($1,000), with surety to be approved by themayor, conditioned on the faithful and honest discharge of thebailiff's duties. The bond shall be filed in the office of the controlleror clerk-treasurer.
(c) The bailiff shall do the following:
(1) Be present at the sessions of the court, maintaining orderand performing all other duties subject to the order of the court.
(2) Take charge of all executions issued by the court and see tothe collection of the executions. (3) Keep, in books to be furnished by the controller orclerk-treasurer, an accurate account and docket of all executionsthat come into the bailiff's hands, showing the:
(A) names of the defendants;
(B) date and number of the execution;
(C) amount of fines, fees, or penalties imposed; and
(D) disposition of the execution.
(4) Make and deliver a written report to the clerk of the court onTuesday of each week, showing all money collected by thebailiff during the previous week, giving the:
(A) names of the defendants;
(B) number of executions; and
(C) amount of fines, fees, or penalties collected;
and pay the money to the clerk, taking the clerk's receipt for thepayments.
(d) The salary of the bailiff shall be fixed as salaries of otherpolice officers are fixed.
(e) The bailiff of a city court of the three (3) cities having thelargest populations in a county having a population of more than fourhundred thousand (400,000) but less than seven hundred thousand(700,000) shall be appointed by the judge of the court. The bailiffshall serve and execute all processes issued by the court and isentitled to receive a salary fixed by the common council of the city.In addition, the bailiff may collect a fee from a defendant for thebailiff's own use on all execution sales of property under anexecution or attachment as follows:
(1) On the first fifty dollars ($50), ten percent (10%).
(2) On more than fifty dollars ($50) and not more than threehundred dollars ($300), five percent (5%).
(3) On all sums over three hundred dollars ($300), three percent(3%).
(4) Any additional sum necessarily expended by the bailiff incollecting the judgment.
A bailiff may use the bailiff's private vehicle in the performance ofthe bailiff's duties and is entitled to receive a sum for mileage equalto the sum paid per mile to state officers and employees. Thepayment to the bailiff is subject to the approval of the judge. Thejudge shall include in the budget for the court sufficient money toprovide for the anticipated claims of the bailiff. The common councilshall make annual appropriations that are necessary to carry out thissubsection.
As added by P.L.98-2004, SEC.14.
IC 33-35-3-4
Town marshal; service of process
Sec. 4. The town marshal or a deputy marshal shall serve allprocess issuing from the town court.
As added by P.L.98-2004, SEC.14.
IC 33-35-3-5 City court referees
Sec. 5. (a) The common council of a city having a city court maycreate the position of city court referee to assist the city court judgein the administration of the judge's duties and the disposition ofmatters pending in the court. The common council may authorizemore than one (1) referee. After authorization is granted, the judgeshall appoint one (1) or more referees. The referee or referees serveat the pleasure of the judge.
(b) A referee shall take the same oath of office as provided for thejudge and must have the same qualifications for office as required forthe judge. A referee may administer oaths in the performance of thereferee's duty and use the seal of the court. In all cases coming beforethe referee, the referee shall comply with the requirements ofprocedure provided for the hearing of cases by the court. The refereeshall make a return of the referee's findings and recommendations inwriting to the court, and the court shall proceed to enter the order,judgment, or decree that the court considers proper.
(c) The salary of a referee shall be fixed by the judge subject tothe approval of the common council of the city. The common councilshall appropriate sufficient money to pay the referee.
As added by P.L.98-2004, SEC.14.
IC 33-35-3-6
Prosecuting attorney or city attorney; prosecutions in city court
Sec. 6. (a) The prosecuting attorney of the judicial circuit inwhich the city is located shall prosecute all cases in a city court forviolation of statutes.
(b) The city attorney shall prosecute all cases of city ordinanceviolations.
As added by P.L.98-2004, SEC.14.
IC 33-35-3-7
Books, dockets, papers, and printed blanks
Sec. 7. A judge of a city or town court shall provide, at theexpense of the city or town, all books, dockets, papers, and printedblanks necessary for the discharge of the duties of the court.
As added by P.L.98-2004, SEC.14.
IC 33-35-3-8
Repealed
(Repealed by P.L.1-2007, SEC.248.)
IC 33-35-3-9
City courts in certain counties; disposition of costs; costs paid inadvance
Sec. 9. (a) This section applies after June 30, 2005.
(b) A clerk of a city court in a county having a population of morethan four hundred thousand (400,000) but less than seven hundredthousand (700,000) shall deposit all court costs collected by the clerkin accordance with IC 33-37-7-12. The fees received by the
controller from the clerk shall be paid into the city treasury at thetime of the semiannual settlement for city revenue.
(c) If the party instituting an action or a proceeding recoversjudgment, the judgment must also include as costs an amount equalto the small claims costs fee, the small claims garnishee service fee,and the small claims service fee prescribed under IC 33-37-4-5(before its repeal) or IC 33-37-4-6.
(d) Money paid in advance for costs remaining unexpended at thetime a civil action or proceeding is terminated, whether by reason ofSmall claims costs fee, small claims service fee, and additional fees
dismissal or otherwise, must be returned to the party or partiesmaking payment. However, this section does not apply to civilactions or proceedings instituted by or on behalf of the state or anyof the state's political subdivisions.
As added by P.L.98-2004, SEC.14. Amended by P.L.174-2006,SEC.10; P.L.1-2007, SEC.220.