CHAPTER 5. CHANGE OF JUDGE

IC 35-36-5
    Chapter 5. Change of Judge

IC 35-36-5-1
Preemptory change of venue from judge; procedure
    Sec. 1. In any criminal action, either the defendant or the state isentitled as a substantive right to a preemptory change of venue fromthe judge without specifically stating the reason. The defendant orthe state may obtain a change of judge under this section by motionfiled in a manner and within the time limitations as specified in theIndiana Rules of Criminal Procedure. Each party is entitled to onlyone (1) change of judge under this section.
As added by Acts 1981, P.L.298, SEC.5. Amended by P.L.170-1984,SEC.4.

IC 35-36-5-2
Other grounds; motion; affidavit; time limitation
    Sec. 2. The defendant and the state may obtain a change of judgeif the judge:
        (1) is biased or prejudiced against the moving party and that themoving party cannot obtain a fair trial before the judge;
        (2) is related by blood or marriage to any party to the cause;
        (3) is unable to properly perform the functions of his officebecause of mental or physical disabilities;
        (4) is disqualified by reason of any conflict of interest; or
        (5) should be disqualified for any other cause.
A motion made under this section must be verified or accompainedby an affidavit specifically stating facts showing that at least one (1)of these causes exists.
The motion must be filed within the time limitations specified inIndiana Rules of Criminal Procedure.
As added by Acts 1981, P.L.298, SEC.5.