CHAPTER 10. PRIVATE JUDGES
IC 33-38-10
Chapter 10. Private Judges
IC 33-38-10-1
"Private judge" defined
Sec. 1. As used in this chapter, "private judge" means a personwho is qualified to act as judge of a case under this chapter.
As added by P.L.98-2004, SEC.17.
IC 33-38-10-2
Persons who may act as private judge
Sec. 2. (a) A person who:
(1) has been but is not currently a judge of a circuit, superior,criminal, probate, municipal, or county court and has served inthe capacity of judge for at least four (4) consecutive years;
(2) is admitted to the practice of law in Indiana; and
(3) is a resident of Indiana;
may act as judge for certain cases under this chapter.
(b) A person may act as a judge of a case under this chapter onlyif:
(1) all parties to the action file a written petition with theexecutive director of the division of state court administrationconsenting to the case being heard by a private judge, andnaming the person whom the parties wish to have as privatejudge;
(2) the case is one over which the court in which the formerjudge served would have had subject matter and monetaryjurisdiction;
(3) the case is founded exclusively on contract, tort, or acombination of contract and tort; and
(4) the case is one in which a utility (as defined in IC 8-1-2-1)is not a party.
As added by P.L.98-2004, SEC.17.
IC 33-38-10-3
Registration of former judges; list; petition to have case heard byprivate judge; appointment
Sec. 3. (a) A former judge qualified under section 2(a) of thischapter who wishes to serve as a private judge must register with theexecutive director of the division of state court administration. Theexecutive director shall:
(1) compile;
(2) periodically update; and
(3) make available to the public;
a list of registered former judges.
(b) If the parties to an action wish to have the action heard beforea private judge, the parties shall submit to the executive director ofthe division of state court administration a written petition asdescribed in section 2(b)(1) of this chapter. After verifying that theformer judge is qualified under section 2(a) of this chapter and is
registered under subsection (a), the executive director shall forwardthe petition to the former judge named on the petition.
(c) The regular or presiding judge of the court in which the actionis filed shall appoint the private judge to hear the action if the writtenpetition of the parties to the action and the written consent of theprivate judge to hear the action is presented to the regular orpresiding judge:
(1) contemporaneously with the filing of the action; or
(2) after the action has been filed.
As added by P.L.98-2004, SEC.17.
IC 33-38-10-4
Conduct of trial without jury; powers of judge; records;applicability of rules of civil procedure; appeals
Sec. 4. (a) A trial conducted by a private judge shall be conductedwithout a jury.
(b) A person who serves as a private judge has, for each case theprivate judge hears, the same powers as the judge of a circuit courtin relation to:
(1) court procedure;
(2) deciding the outcome of the case;
(3) attendance of witnesses;
(4) punishment of contempts;
(5) enforcement of orders;
(6) administering oaths; and
(7) giving all necessary certificates for the authentication of therecords and proceedings.
(c) All proceedings in an action heard by a private judge are ofrecord and must be:
(1) filed with the clerk of the circuit court in the county ofproper venue under the Indiana Rules of Trial Procedure; and
(2) made available to the public in the same manner as circuitcourt records.
(d) The Indiana Rules of Trial Procedure apply for all actionsbrought before a private judge. An appeal from an action or ajudgment of a private judge may be taken in the same manner as anappeal from the circuit court of the county where the case is filed.
As added by P.L.98-2004, SEC.17.
IC 33-38-10-5
Costs
Sec. 5. Costs in an action brought before a private judge shall betaxed and distributed in the same manner as costs in the circuit courtof the county in which the case is filed.
As added by P.L.98-2004, SEC.17.
IC 33-38-10-6
Clerk of court; sheriff; duties
Sec. 6. (a) The clerk of the circuit court of the county in which thecase is filed serves as the clerk of the court for a case heard by a
private judge, and the sheriff of that county serves as the sheriff ofthe court for the case. The clerk and the sheriff shall attend theproceedings and perform the same duties relating to their offices asare required for the circuit court of the county in which the case isfiled.
(b) The clerk of the circuit court of the county in which the caseis filed shall provide to a private judge for each case all books,dockets, papers, and printed blanks necessary to discharge the dutiesof the court.
As added by P.L.98-2004, SEC.17.
IC 33-38-10-7
Time and place of hearing; notice of proceeding
Sec. 7. (a) A case heard by a private judge may be heard:
(1) at any time; and
(2) at any place in Indiana;
that is mutually agreeable to all parties and the judge.
(b) There shall be posted in the office of the clerk of the circuitcourt of the county in which the case is filed, in a place accessible tothe public, a notice of the date, time, and place of any proceeding,including:
(1) a hearing on a motion for judgment by default;
(2) a hearing for judgment on the pleadings;
(3) a hearing for summary judgment; and
(4) a trial upon the merits;
that could result in a judgment. The notice shall be posted at leastthree (3) days before the proceeding is conducted.
As added by P.L.98-2004, SEC.17.
IC 33-38-10-8
Compensation and costs
Sec. 8. Notwithstanding the rules of trial procedure, a privatejudge may receive compensation for hearing a case in an amount andsubject to the terms and conditions agreed to by the judge and theparties to the case. A contract for the services of a private judge mustprovide for the payment of the judge's compensation by the parties.In addition, the contract must include terms and conditions relatingto:
(1) the compensation of all personnel; and
(2) the costs of all facilities and materials;
as determined by the clerk of the court that are used in relation to thecase and not otherwise covered.
As added by P.L.98-2004, SEC.17.
IC 33-38-10-9
Adoption of rules by supreme court
Sec. 9. The supreme court shall adopt rules to carry out thischapter.
As added by P.L.98-2004, SEC.17.