CHAPTER 11. TEMPORARY JUDGES
IC 33-38-11
Chapter 11. Temporary Judges
IC 33-38-11-1
Appointment; residence; term; juvenile law judge
Sec. 1. (a) The judge of a circuit, superior, or county court mayappoint temporary judges. Each temporary judge must be:
(1) a competent attorney admitted to the practice of law inIndiana; and
(2) a resident of the judicial district of the court after thetemporary judge's appointment.
The temporary judge's appointment must be in writing. Thetemporary judge continues in office until removed by the judge.
(b) A temporary juvenile law judge may be appointed under thissubsection for the exclusive purpose of hearing cases arising underIC 31-30 through IC 31-40. The appointment shall be made under anagreement between at least two (2) judges of courts located:
(1) in the same county; or
(2) in counties that are adjacent to each other.
(c) An agreement under subsection (b) must:
(1) be filed with the circuit court clerk of each county in whicha court subject to the agreement is located;
(2) specify the duration of the agreement, which may not exceedone (1) year; and
(3) permit a judge to end the participation of a court in theagreement.
As added by P.L.98-2004, SEC.17.
IC 33-38-11-2
Powers; administration of oaths; certifying affidavits anddepositions; subpoenas; preliminary hearings; warrants
Sec. 2. A temporary judge:
(1) may:
(A) administer all oaths and affirmations required by law;
(B) take and certify affidavits and depositions; and
(C) issue subpoenas for witnesses whose testimony is to betaken before the temporary judge;
(2) has the same power to compel the attendance of witnessesand to punish contempts as the judge of the court;
(3) may:
(A) conduct preliminary hearings in criminal matters;
(B) issue search warrants and arrest warrants; and
(C) fix bond; and
(4) may enforce court rules.
As added by P.L.98-2004, SEC.17.
IC 33-38-11-3
Powers; hearing evidence; findings
Sec. 3. (a) Except as provided in subsection (b), a temporary judgemay hear evidence upon and report findings to the judge of the court
for each probate, civil, criminal, and other case referred to thetemporary judge by that judge. The temporary judge may:
(1) make the final judgment in these cases; and
(2) in a criminal case tried by the court, conduct all sentencinghearings in the case.
(b) If a defendant is being tried for a felony, the judge of the courtshall conduct all sentencing hearings and make the final judgment inthe case.
As added by P.L.98-2004, SEC.17.
IC 33-38-11-4
Powers; civil jury trial
Sec. 4. A temporary judge may:
(1) conduct a jury trial;
(2) receive the verdict of the jury; and
(3) make and enter the judgment on the jury verdict;
in a civil case referred to the temporary judge by the judge of thecourt.
As added by P.L.98-2004, SEC.17.
IC 33-38-11-5
Powers; criminal jury trial
Sec. 5. In a criminal jury trial referred to a temporary judge by thejudge of the court, the temporary judge may conduct the trial, receivethe verdict of the jury, conduct all sentencing hearings, and make allfinal judgments. However, if the criminal case is a case in which thedefendant is being tried for a felony, the judge of the court shall:
(1) make the final judgment in the case; and
(2) conduct all sentencing hearings in the case.
As added by P.L.98-2004, SEC.17.
IC 33-38-11-6
Limitation of rights and powers
Sec. 6. The judge of the court may:
(1) limit any of the rights or powers of the temporary judgespecified in this chapter; and
(2) specifically determine the duties of the temporary judgewithin the limits established in this chapter.
As added by P.L.98-2004, SEC.17.
IC 33-38-11-7
Service as judge pro tempore or special judge
Sec. 7. A temporary judge may serve as a judge pro tempore or aspecial judge of the court but is not entitled to additionalcompensation for that service.
As added by P.L.98-2004, SEC.17.
IC 33-38-11-8
Judicial mandate
Sec. 8. A temporary judge has no power of judicial mandate.As added by P.L.98-2004, SEC.17.
IC 33-38-11-9
Compensation
Sec. 9. A temporary judge is entitled to twenty-five dollars ($25),paid by the county, for each day of service as a temporary judge.
As added by P.L.98-2004, SEC.17.
IC 33-38-11-10
Limitation on service; exceptions
Sec. 10. Except for:
(1) a temporary juvenile law judge appointed under section 1(b)of this chapter for the exclusive purpose of hearing cases arisingunder IC 31-30 through IC 31-40; or
(2) a temporary judge appointed by a court located in a countyhaving a population of more than two hundred thousand(200,000) but less than three hundred thousand (300,000);
a temporary judge appointed under this chapter may not serve formore than sixty (60) calendar days in all during a calendar year.
As added by P.L.98-2004, SEC.17.
IC 33-38-11-11
Scope of service
Sec. 11. A temporary judge appointed under this chapter mayserve even though the judge of the court is present and presiding inthe court.
As added by P.L.98-2004, SEC.17.