CHAPTER 12. DEFENSE AND INDEMNIFICATION OF JUDGES FOR CIVIL DAMAGES

IC 33-38-12

    

Chapter 12. Defense and Indemnification of Judges for Civil
Damages

IC 33-38-12-1

Application of chapter

    

Sec. 1. This chapter does not apply to a threatened, pending, or
completed action or proceeding that:

        (1) results in the criminal conviction of; or

        (2) is a disciplinary action or proceeding against;

a judge.

As added by P.L.98-2004, SEC.17.

IC 33-38-12-2

"Expenses" defined

    

Sec. 2. As used in this chapter, "expenses" includes the following:

        (1) Reasonable attorney's fees, if the attorney general has
authorized the executive director of the division of state court
administration to hire private counsel to provide the defense.

        (2) A judgment.

        (3) A settlement.

        (4) Court costs.

        (5) Discovery costs.

        (6) Expert witness fees.

        (7) Any other expense incurred as a result of an action or a
proceeding.

As added by P.L.98-2004, SEC.17.

IC 33-38-12-3

"Judge" defined

    

Sec. 3. As used in this chapter, "judge" means an individual who
holds or formerly held one (1) of the following offices or
appointments:

        (1) Justice of the supreme court.

        (2) Judge of the court of appeals.

        (3) Judge of the tax court.

        (4) Judge of a circuit court.

        (5) Judge of a superior court.

        (6) Judge of a probate court.

        (7) Judge of a municipal court.

        (8) Judge of a county court.

        (9) Judge of a city court.

        (10) Judge of a town court.

        (11) Judge of a small claims court.

        (12) A judge pro tempore, senior judge, temporary judge, or any
other individual serving as judge in an action or a proceeding in
an Indiana court.

        (13) Bail commissioner.

        (14) Magistrate.

        (15) Master commissioner.

        (16) Probate commissioner.

        (17) Referee.

As added by P.L.98-2004, SEC.17.

IC 33-38-12-4

Payment of expenses

    

Sec. 4. The state shall pay the expenses incurred by a judge from
a threatened, pending, or completed action or proceeding that arises
from:

        (1) making;

        (2) performing; or

        (3) failing to make or perform;

a decision, a duty, an obligation, a privilege, or a responsibility of the
judge's office.

As added by P.L.98-2004, SEC.17.