IC 33-33-45-1 Application
Sec. 1. IC 33-29-1 does not apply to this chapter. As added by P.L.98-2004, SEC.12.
IC 33-33-45-2 Judicial circuit
Sec. 2. (a) Lake County constitutes the thirty-first judicial circuit.
(b) The judge of the Lake circuit court may appoint two (2)
full-time magistrates under IC 33-23-5 to serve the Lake circuit
court. One (1) of the magistrates shall serve the domestic relations
counseling bureau established under IC 31-12-2. The judge shall
specify the duties of a magistrate appointed under this subsection. A
magistrate continues in office until removed by the judge of the
circuit court. As added by P.L.98-2004, SEC.12.
IC 33-33-45-3 Establishment of superior court
Sec. 3. There is established a superior court in Lake County
(referred to as "the court" in this chapter). As added by P.L.98-2004, SEC.12.
IC 33-33-45-4 Name
Sec. 4. The court shall be known as the superior court of Lake
County. As added by P.L.98-2004, SEC.12.
IC 33-33-45-5 Seal
Sec. 5. The court shall have a seal consisting of a circular disk
containing the words "superior court of Lake County, Indiana" and
"seal" and a design as the court may determine, an impression of
which shall be spread of record upon the order book of the court. As added by P.L.98-2004, SEC.12.
IC 33-33-45-6 Jurisdiction
Sec. 6. (a) The court has:
(1) the same jurisdiction as the Lake circuit court in all civil and
probate cases and matters whether original or appellate;
(2) original exclusive jurisdiction of all felony cases;
(3) original concurrent jurisdiction of all misdemeanor cases,
infraction cases, and ordinance violation cases;
(4) appellate jurisdiction in criminal cases as is vested in the
circuit court; and
(5) original exclusive juvenile jurisdiction.
(b) Notwithstanding IC 31-30-1-2, the juvenile court has exclusive
jurisdiction over a child who:
(1) has been taken into custody in the county; and
(2) has allegedly committed an act that would be a
misdemeanor traffic offense if committed by an adult. As added by P.L.98-2004, SEC.12.
IC 33-33-45-7 Court of record; force and effect of judgments and orders
Sec. 7. (a) The court is a court of record.
(b) The court's judgments, decrees, orders, and proceedings:
(1) have the same force and effect; and
(2) shall be enforced in the same manner;
as those of the Lake circuit court. As added by P.L.98-2004, SEC.12.
IC 33-33-45-8 Power and authority of court
Sec. 8. (a) The court:
(1) may make and adopt rules and regulations for conducting
the business of the court; and
(2) has all the powers incident to a court of record in relation to
the attendance of witnesses, the punishment of contempts, and
the enforcement of its orders.
(b) The judges may administer oaths, solemnize marriages, take
and certify acknowledgments of deeds and all legal instruments, and
give all necessary certificates for the authentication of the records
and proceedings in the court. As added by P.L.98-2004, SEC.12.
IC 33-33-45-9 Additional court powers
Sec. 9. The court has the same power to grant restraining orders
and injunctions, to issue writs of habeas corpus, to appoint receivers,
masters, and commissioners to convey real property, and to grant
commissions for the examination of witnesses, and to appoint other
officers necessary to facilitate and transact the business of the court
as is conferred on circuit courts or the judges of the circuit courts in
counties where there is no criminal court. As added by P.L.98-2004, SEC.12.
IC 33-33-45-10 Magistrates of criminal division
Sec. 10. (a) The judges of the criminal division may appoint two
(2) full-time magistrates under IC 33-23-5 to serve the criminal
division. A magistrate appointed under this subsection continues in
office until removed by the judges of the criminal division.
(b) The judges of the civil division may appoint two (2) full-time
magistrates under IC 33-23-5 to serve the civil division. A magistrate
appointed under this subsection continues in office until removed by
the judges of the civil division. As added by P.L.98-2004, SEC.12.
IC 33-33-45-11 Magistrates
Sec. 11. (a) The judge of division No. 1, division No. 2, and
division No. 3 of the court may each appoint one (1) full-time
magistrate under IC 33-23-5 to serve as the court requires. A
magistrate appointed under this section:
(1) must be a resident of the county; and
(2) continues in office until removed by the judge that the
magistrate serves.
(b) The appointment of a magistrate under this section must be in
writing.
(c) The judge may specifically determine the duties of the
magistrate within the limits established under IC 33-23-5.
(d) The county executive shall provide and maintain suitable
facilities for the use of the magistrate, including necessary furniture
and equipment.
(e) The court shall employ administrative staff necessary to
support the functions of the magistrates.
(f) The county fiscal body shall appropriate sufficient funds for
the provision of staff and facilities required under this section.
(g) A magistrate is entitled to annual compensation as established
under IC 33-23-5-10. The state shall pay the salary set under
IC 33-23-5-10. As added by P.L.98-2004, SEC.12.
IC 33-33-45-12 Personnel
Sec. 12. (a) The senior judge of each division may appoint the
number of bailiffs, court reporters, probation officers, and other
personnel as the senior judge believes is necessary to judicially and
efficiently facilitate and transact the business of the division. All
appointments shall be made without regard to the political affiliation
of the appointees. The salaries of the court personnel shall be fixed
and paid as provided by law. The officers and persons appointed
shall:
(1) perform the duties prescribed by the senior judge of each
respective division; and
(2) serve at the pleasure of the senior judge.
(b) The court shall appoint an administrative officer who has the
duties the court determines are necessary to ensure the efficient
operation of the court. The court may appoint the number of deputy
administrative officers as the court considers necessary to facilitate
and transact the business of the court. Any appointment of an
administrative officer or deputy administrative officer shall be made
without regard to the political affiliation of the appointees. The
salaries of the administrative officer and any deputy administrative
officer shall be fixed by the court, to be paid out of the county
treasury by the county auditor, upon the order of the court, and
entered of record. Any administrative officer or deputy
administrative officer appointed by the court shall:
(1) operate under the jurisdiction of the chief judge; and
(2) serve at the pleasure of the chief judge.
(c) The court may appoint part-time juvenile referees and
magistrates as provided by IC 31-31-3.
(d) The court may appoint the number of probate commissioners
provided for by IC 29-2-2. The probate commissioners shall be
vested with the powers and duties provided by IC 29. As added by P.L.98-2004, SEC.12.
IC 33-33-45-13 Location of court sessions
Sec. 13. The court shall hold continuous sessions in places in
Lake County as the court periodically determines. The board of
county commissioners of Lake County shall:
(1) provide and maintain:
(A) suitable and convenient courtrooms for the holding of
the court, together with suitable and convenient jury rooms
and offices for the judges and other court officers and
personnel; and
(B) other facilities as may be necessary; and
(2) provide all necessary furniture and equipment for rooms and
offices of the court. As added by P.L.98-2004, SEC.12.
IC 33-33-45-14 Books, papers, and records
Sec. 14. The clerk of the Lake circuit court, under the direction of
the court, shall provide order books, judgment dockets, execution
dockets, fee books, and other books, papers, and records that are
necessary for the court, and all books, papers, and proceedings of the
court shall be kept distinct and separate from those of other courts. As added by P.L.98-2004, SEC.12.
IC 33-33-45-15 Order books
Sec. 15. The court shall maintain an order book at each location
of the court and the order books may be signed on behalf of the court
by any of the judges of the court, and the signature constitutes
authentication of the actions of each of the judges in the court. As added by P.L.98-2004, SEC.12.
IC 33-33-45-16 Laws and rules governing the court
Sec. 16. All Indiana laws and rules adopted by the supreme court
governing the circuit courts apply to the superior court. However:
(1) a person other than a judge of the superior court of Lake
County may not serve as a special judge when a change of
judge is requested from the superior court of Lake County;
(2) a judge of the superior court of Lake County may not
receive compensation other than regular salary for serving as a
special judge where the change of venue from the judge was
granted by the superior court of Lake County;
(3) the statutes and rules governing the records, procedures, and
practices of county courts apply to the county division of the
court; and
(4) there is no change of venue from the county as of right in
cases in the county division of the court. As added by P.L.98-2004, SEC.12.
IC 33-33-45-17 Appeals
Sec. 17. Any party may appeal from any order or judgment of the
court in any case where an appeal may be had from a similar order
or judgment of the circuit court. As added by P.L.98-2004, SEC.12.
IC 33-33-45-18 Process of court
Sec. 18. The process of the court shall have the seal affixed and
be attested, directed, served, and returned, and be in the form as is
provided for process issuing from the circuit court. As added by P.L.98-2004, SEC.12.
IC 33-33-45-19 Chief judge; senior judge
Sec. 19. (a) The court, by rules adopted by the court, shall
designate one (1) of the judges as chief judge and shall fix the time
that the chief judge presides. The chief judge is responsible for the
efficient operation and conduct of the court.
(b) The judges of each division of the court, in accordance with
the rules adopted by the judges of that division, shall designate a
judge as the senior judge of that division and fix the time that the
senior judge serves.
(c) The senior judge of each division shall report to the chief
judge as to how the division should best judicially operate. As added by P.L.98-2004, SEC.12.
IC 33-33-45-20 Action of entire court
Sec. 20. When an action of the entire court is required, the judges
of the court shall act in concert. If there is a disagreement, the
decision of a majority of the judges controls. However, if the judges
are evenly divided, the decision joined by the chief judge controls. As added by P.L.98-2004, SEC.12.
IC 33-33-45-21 Divisions of court; assignment of judges
Sec. 21. (a) The court is divided into civil (including probate),
criminal, county, and juvenile divisions. The work of the court shall
be divided among the divisions by the rules of the court.
(b) Seven (7) judges comprise the civil division. Four (4) judges
comprise the criminal division. Four (4) judges comprise the county
division. One (1) judge comprises the juvenile division. However,
the court by rule may alter the number of judges assigned to a
division other than the county division of the court if the court
determines that the change is necessary for the efficient operation of
the court.
(c) The court by rule may reassign a judge of the court from one
(1) division to another if the court determines that the change is
necessary for the efficient operation of the court. The court by rule
shall establish a rotation schedule providing for the rotation of judges
through the various divisions. The rotation schedule may be used if
a judge determines that an emergency exists. However, a senior
judge of any division or a judge of the county division may not be
reassigned or rotated to another division under this subsection.
(d) The chief judge of the court may assign a judge in one (1)
division of the court to hear a case originating in another division of
the court, and may reassign cases from one (1) judge to another, if
the chief judge determines that the change is necessary for the
efficient operation of the court. As added by P.L.98-2004, SEC.12.
IC 33-33-45-22 Transfer of actions from circuit court
Sec. 22. The judge of the Lake circuit court may, with the consent
of the court, transfer any action, cause, or proceeding filed and
docketed in the Lake circuit court to the court by transferring all
original papers and instruments filed in the action, cause, or
proceeding and without further transcript, to be redocketed and
disposed of as if originally filed with the court. As added by P.L.98-2004, SEC.12.
IC 33-33-45-23 Transfer of actions to circuit court
Sec. 23. Any judge of the court may, with the consent of the judge
of the Lake circuit court, transfer any civil action, cause or
proceeding filed and docketed in the court to the Lake circuit court
by transferring all original papers and instruments filed in such
action, cause, or proceeding without further transcript thereof to be
redocketed and disposed of as if originally filed with the Lake circuit
court. As added by P.L.98-2004, SEC.12.
IC 33-33-45-24 Authority of circuit judge to sit in superior court
Sec. 24. The judge of the Lake circuit court may sit as a judge of
the court, with the court's permission, in the civil division, without
limitation and without any further order, in the same manner as if the
circuit court judge were a judge of the court with all the rights and
powers as if the circuit court judge were a duly appointed judge of
the court. As added by P.L.98-2004, SEC.12.
IC 33-33-45-25 Incumbent judges; retention; election
Sec. 25. (a) Unless the judge is a judge of the county division, at
the general election immediately preceding the expiration of a judge's
extended term the question of that judge's retention in office or
rejection shall be submitted to the electorate of Lake County under
section 42 of this chapter. Thereafter, unless rejected by the
electorate, each judge shall serve successive terms as provided in
section 41(b) of this chapter.
(b) A judge of the county division may serve a successive term if
elected to serve a successive term under section 43 of this chapter. As added by P.L.98-2004, SEC.12.
IC 33-33-45-26 Number of judges
Sec. 26. The superior court of Lake County consists of sixteen
(16) judges plus the Lake circuit court judge if the circuit court judge
chooses to sit on the superior court of Lake County. As added by P.L.98-2004, SEC.12.
IC 33-33-45-27 Judicial nominating commission; establishment
Sec. 27. (a) There is established a judicial nominating commission
for the superior court of Lake County, the functions, responsibilities,
and procedures of which are set forth in sections 28 through 37 of
this chapter.
(b) The board of county commissioners of Lake County shall
provide all facilities, equipment, supplies, and services as may be
necessary for the administration of the duties imposed upon the
commission. The members of the commission shall serve without
compensation. However, the board of county commissioners of Lake
County shall reimburse members of the commission for actual
expenses incurred in performing their duties. As added by P.L.98-2004, SEC.12.
IC 33-33-45-28 Judicial nominating commission; membership
Sec. 28. (a) The judicial nominating commission (referred to in
this chapter as the commission) consists of nine (9) members, the
majority of whom form a quorum. The chief justice of the supreme
court (or a justice of the supreme court or judge of the court of
appeals designated by the chief justice) shall be a member and shall
act as chairman.
(b) Under sections 30 and 31 of this chapter, those admitted to the
practice of law and residing in Lake County shall elect four (4) of
their members to serve on the commission, subject to the following:
(1) At least one (1) attorney member must be a minority
individual (as defined in IC 21-13-1-6).
(2) Two (2) attorney members must be women.
(3) Two (2) attorney members must be men.
(c) The Lake County board of commissioners shall appoint four
(4) nonattorney citizens to the commission, subject to the following:
(1) Each of the three (3) county commissioners shall appoint
one (1) nonattorney member who is a resident of the appointing
commissioner's district.
(2) After each county commissioner has had the opportunity to
make the county commissioner's appointment, the fourth
nonattorney member must be appointed by a majority vote of
the Lake County board of commissioners.
(3) At least one (1) nonattorney member must be a minority
individual (as defined in IC 21-13-1-6).
(4) Two (2) nonattorney members must be women.
(5) Two (2) nonattorney members must be men.
(6) Not more than two (2) of such appointees may be from the
same political party.
The appointees must reflect the composition of the community. If the
Lake County board of commissioners fails to appoint any of the
nonattorney commission members within the time required to do so
in section 29 of this chapter, the appointment shall be made by the
chief justice of the supreme court.
(d) A member of the commission, other than a judge or justice,
may not hold any other elected public office. A member may not
hold an office in a political party or organization. A nonattorney
member of the commission may not hold an elected or salaried public
office. A nonattorney member may not be an employee of the state
or of a political subdivision of the state.
(e) A member of the commission is not eligible for appointment
to a judicial office in Lake County if the member is a member of the
commission and for three (3) years thereafter.
(f) If any member of the commission, other than a judge or justice,
terminates the member's residence in Lake County, the member is
considered to have resigned from the commission. As added by P.L.98-2004, SEC.12. Amended by P.L.2-2007,
SEC.368.
IC 33-33-45-29 Appointment of nonattorney commissioners
Sec. 29. (a) The Lake County board of commissioners shall
appoint the four (4) nonattorney members of the commission.
(b) One (1) month before the expiration of a term of office of a
nonattorney commissioner, an appointment or reappointment shall be
made in accordance with section 28 of this chapter. All appointments
made by the Lake County board of commissioners shall be certified
to the secretary of state, the clerk of the supreme court, and the clerk
of Lake circuit court within ten (10) days after the appointment.
(c) Each nonattorney member shall be appointed for a term of four
(4) years.
(d) Whenever a vacancy occurs in the office of a nonattorney
commissioner, the chairman of the commission shall promptly notify
the Lake County board of commissioners in writing of such fact.
Vacancies in the office of nonattorney commissioners shall be filled
by appointment of the Lake County board of commissioners within
sixty (60) days after notice of the vacancy is received. The term of
the nonattorney commissioner appointed is for the unexpired term of
the member whose vacancy the new member has filled. As added by P.L.98-2004, SEC.12.
IC 33-33-45-30 Election of attorney commissioners
Sec. 30. (a) Those admitted to the practice of law and residing in
Lake County (referred to in this chapter as attorney electors) shall
elect four (4) of their number to the commission. To be eligible for
the office of attorney commissioner, a person must be on the current
annual list of attorneys certified to the clerk of the supreme court and
must be a resident of Lake County. The term of office of each elected
attorney member is four (4) years, commencing on the first day of
October following the attorney member's election. The election day
is the date on which the ballots are counted and, for purposes of this
section, is the first Tuesday in September 1995, and every four (4)
years thereafter. Thereafter, during the month before the expiration
of each attorney commissioner's term of office, an election shall be
held to fill the succeeding four (4) year term of office.
(b) Except when a term of office has less than ninety (90) days
remaining, vacancies in the office of an attorney commissioner to the
commission shall be filled for the unexpired term of the member
creating the vacancy by a special election. As added by P.L.98-2004, SEC.12.
IC 33-33-45-31 Election procedures
Sec. 31. The attorney members of the commission shall be elected
by the following process:
(1) The clerk of the Lake circuit court shall, at least ninety (90)
days before the date of election, notify all attorneys in Lake
County of the upcoming election by mail, informing them that
nominations must be made to the clerk of the circuit court at
least sixty (60) days before the election. The clerk shall secure
a list of all attorneys and their correct addresses from the clerk
of the supreme court.
(2) A nomination in writing, accompanied by a signed petition
of ten (10) attorney electors, and the written consent of the
qualified nominee shall be filed by any attorney elector or group
of attorney electors residing in Lake County, by mail or
otherwise, in the office of the clerk of the Lake circuit court at
least sixty (60) days before the election.
(3) The clerk of the Lake circuit court shall prepare and print
ballots containing the names and residential addresses of all
attorney nominees whose written nominations, petitions, and
written statements of consent have been received sixty (60)
days before the election.
(A) The ballot shall read:
"SUPERIOR COURT OF LAKE COUNTY
NOMINATING COMMISSION BALLOT
To be cast by individuals residing in Lake County and admitted
to the practice of law in Indiana. Vote for not more than four (4)
of the following candidates for the term commencing _______.
(Name) (Address)
(Name) (Address)
(etc.) (etc.)
To be counted, this ballot must be completed, the accompanying
certificate completed and signed, and both together mailed or
delivered to the clerk of the Lake circuit court not later than
_______.
DESTROY BALLOT IF NOT USED".
(B) The four (4) nominees receiving the most votes whose
election does not conflict with the requirements of section
28(b) of this chapter shall be elected.
(4) The clerk shall also supply with each ballot distributed by
the clerk a certificate, to be completed and signed and returned
by the attorney elector voting such ballot, certifying that the
attorney elector is admitted to the practice of law in Indiana,
that the attorney elector resides in Lake County, and that the
attorney elector voted the ballot returned. A ballot not
accompanied by the signed certificate of the voter shall not be
counted.
(5) To maintain the secrecy of each vote, a separate envelope
shall be provided by the clerk for the ballot, in which only the
voted ballot is to be placed. This envelope shall not be opened
until the counting of the ballots.
(6) The clerk of the Lake circuit court shall mail a ballot and its
accompanying material to all qualified attorney electors at least
two (2) weeks before the date of election.
(7) Upon receiving the completed ballots and the accompanying
certificate, the clerk shall ensure that the certificates have been
completed in compliance with this chapter. All ballots that are
accompanied by a valid certificate shall be placed in a package
designated to contain ballots. All accompanying certificates
shall be placed in a separate package.
(8) The clerk of the Lake circuit court, with the assistance of the
Lake County election board, shall open and canvass all ballots
after 4 p.m. on the day of election in the office of the clerk of
the Lake circuit court. Ballots received after 4 p.m. may not be
counted unless the chairman of the judicial nominating
commission orders an extension of time because of
extraordinary circumstances. Upon canvassing the ballots, the
clerk shall place all ballots back in their package. These, along
with the certificates, shall be retained in the clerk's office for six
(6) months, and the clerk shall permit no one to inspect them
except upon an order of the supreme court.
(9) In any election held for selection of attorney members of the
commission, in case two (2) or more nominees are tied so that
one (1) additional vote cast for one (1) of them would give the
nominee a plurality, the canvasser shall resolve the tie by lot
and the winner of the lot is considered to be elected. As added by P.L.98-2004, SEC.12.
IC 33-33-45-32 Notification
Sec. 32. After:
(1) the attorney members of the commission have been elected;
and
(2) the names of the nonattorney commissioners appointed by
the governor have been certified to the secretary of state, clerk
of the supreme court, and clerk of the Lake circuit court as this
chapter provides;
the clerk of the Lake circuit court shall by regular mail notify the
members of the commission of their election or appointment and
shall notify the chairman of the judicial nominating commission of
the same. As added by P.L.98-2004, SEC.12.
IC 33-33-45-33 Duration in office
Sec. 33. A member of the judicial nominating commission may
serve until the member's successor is appointed or elected. An
attorney commissioner or a nonattorney commissioner is not eligible
for more than two (2) successive reelections or reappointments. As added by P.L.98-2004, SEC.12.
IC 33-33-45-34 Vacancies; meetings of commission
Sec. 34. (a) When a vacancy occurs in the superior court of Lake
County, not including its county division, the clerk of the court shall
promptly notify the chairman and each member of the commission
of the vacancy. The chairman shall call a meeting of the commission
within ten (10) days following the notice. The commission shall
submit its nominations of three (3) candidates for each vacancy and
certify them to the governor as promptly as possible, and not later
than sixty (60) days after the vacancy occurs. When it is known that
a vacancy will occur at a definite future date within the term of the
governor then serving, but the vacancy has not yet occurred, the clerk
shall notify the chairman and each member of the commission
immediately of the forthcoming vacancy and the commission may
within fifty (50) days of the notice of the vacancy make its
nominations and submit to the governor the names of three (3)
persons nominated for the forthcoming vacancy.
(b) Meetings of the commission shall be called by its chairman,
or if the chairman fails to call a necessary meeting, upon the call of
any five (5) members of the commission. The chairman, whenever
the chairman considers a meeting necessary, or upon the request by
any five (5) members of the commission for a meeting, shall give
each member of the commission at least five (5) days written notice
by mail of the date, time, and place of every meeting unless the
commission at its previous meeting designated the date, time, and
place of its next meeting.
(c) Meetings of the commission are to be held at the Lake County
government center in Crown Point or another place, as the circuit
court clerk of Lake County may arrange, at the direction of the
chairman of the commission.
(d) The commission may act only at a public meeting. IC 5-14-1.5
applies to meetings of the commission. The commission may not
meet in executive session under IC 5-14-1.5-6.1 for the consideration
of a candidate for judicial appointment.
(e) The commission may act only by the concurrence of a majority
of its members attending a meeting. Five (5) members constitute a
quorum at a meeting.
(f) The commission may adopt reasonable and proper rules and
regulations for the conduct of its proceedings and the discharge of its
duties. These rules must provide for the receipt of public testimony
concerning the qualifications of candidates for nomination to the
governor. As added by P.L.98-2004, SEC.12.
IC 33-33-45-35 Nominees; requirements of commission
Sec. 35. In selecting the three (3) nominees to be submitted to the
governor, the commission shall comply with the following
requirements:
(1) The commission shall submit only the names of the three (3)
most highly qualified candidates from among all those eligible
individuals considered. To be eligible for nomination as a judge
of the superior court of Lake County, a person must be
domiciled in the county of Lake, a citizen of the United States,
and admitted to the practice of law in Indiana.
(2) In abiding by the mandate in subdivision (1), the
commission shall evaluate in writing each eligible individual on
the following factors:
(A) Law school record, including any academic honors and
achievements.
(B) Contribution to scholarly journals and publications,
legislative drafting, and legal briefs.
(C) Activities in public service, including:
(i) writings and speeches concerning public or civic affairs
that are on public record, including but not limited to
campaign speeches or writings, letters to newspapers, and
testimony before public agencies;
(ii) government service;
(iii) efforts and achievements in improving the
administration of justice; and
(iv) other conduct relating to the individual's profession.
(D) Legal experience, including the number of years of
practicing law, the kind of practice involved, and reputation
as a trial lawyer or judge.
(E) Probable judicial temperament.
(F) Physical condition, including age, stamina, and possible
habitual intemperance.
(G) Personality traits, including the exercise of sound
judgment, ability to compromise and conciliate, patience,
decisiveness, and dedication.
(H) Membership on boards of directors, financial interests,
and any other consideration that might create conflict of
interest with a judicial office.
(I) Any other pertinent information that the commission feels
is important in selecting the best qualified individuals for
judicial office.
(3) These written evaluations shall not be made on an individual
until the individual states in writing that the individual desires
to hold a judicial office that is or will be created by vacancy.
(4) The political affiliations of any candidate may not be
considered by the commission in evaluating and determining
which eligible candidates shall be recommended to the governor
for a vacancy on the superior court of Lake County.
(5) In determining which eligible candidates are recommended
to the governor, the commission shall consider that racial and
gender diversity enhances the quality of the judiciary. As added by P.L.98-2004, SEC.12.
IC 33-33-45-36 List of nominees; public records; submission to governor
Sec. 36. (a) The commission shall submit with the list of three (3)
nominees to the governor its written evaluation of the qualifications
of each candidate.
(b) The names of the nominees and the written evaluations are
public records that may be inspected and copied under IC 5-14-3.
(c) Every eligible candidate whose name was not submitted to the
governor shall have access to any evaluation on the candidate by the
commission and the right to make such evaluation public.
(d) Records specifically prepared for discussion or developed
during discussion in an executive session under IC 5-14-1.5-6.1 are
excepted from public disclosure, unless the records are prepared for
use in the consideration of a candidate for judicial appointment. As added by P.L.98-2004, SEC.12. IC 33-33-45-37 Withdrawal of name or list of nominations
Sec. 37. (a) After the commission has nominated and submitted
to the governor the names of three (3) persons for appointment to fill
a vacancy of the superior court of Lake County:
(1) any name may be withdrawn for cause considered by the
commission to be of a substantial nature affecting the nominee's
qualifications to hold office; and
(2) another name may be substituted;
before the appointment is made to fill the vacancy.
(b) If a nominee dies or requests in writing that the nominee's
name be withdrawn, the commission shall nominate another person
to replace the nominee.
(c) If two (2) or more vacancies exist, the commission shall
nominate and submit to the governor a list of three (3) different
persons for each of the vacancies. The commission may, before an
appointment is made, withdraw the lists of nominations, change the
names of any persons nominated from one (1) list to another, and
resubmit them as changed, or may substitute a new name for any of
those previously nominated. As added by P.L.98-2004, SEC.12.
IC 33-33-45-38 Selection of judges
Sec. 38. (a) A vacancy occurring on the court shall be filled by
appointment of the governor from a list of three (3) nominees
presented to the governor by the judicial nominating commission. If
the governor fails to make an appointment from the list within sixty
(60) days after the day it is presented to the governor, the
appointment shall be made by the chief justice or the acting chief
justice of the supreme court from the same list, or altered list as
provided for in section 37 of this chapter.
(b) The governor shall make all appointments to the court without
regard to the political affiliation of any of the three (3) nominees
submitted to the governor. In the interest of justice, the governor
shall consider only those qualifications of the nominees included in
section 35 of this chapter. As added by P.L.98-2004, SEC.12.
IC 33-33-45-39 Lake County judge appointed by governor
Sec. 39. A vacancy occurring on the superior court county
division must be filled by appointment of the governor. In the
interests of justice, the governor shall consider only those
qualifications listed in section 35 of this chapter. As added by P.L.98-2004, SEC.12.
IC 33-33-45-40 Effective date of appointment
Sec. 40. An appointment by the governor or chief justice, as
required by section 38 or 39 of this chapter, to the superior court of
Lake County takes effect immediately if a vacancy exists at the date
of the appointment. The appointment takes effect on the date the
vacancy is created if a vacancy does not exist at the date of
appointment. As added by P.L.98-2004, SEC.12.
IC 33-33-45-41 Tenure of judges
Sec. 41. (a) Each judge appointed under section 38 of this chapter
serves an initial term, which begins on the effective date of the
appointment of the judge and continues through December 31 in the
year of the general election that follows the expiration of two (2)
years after the effective date of the judge's appointment.
(b) Unless rejected by the electorate of Lake County under section
42 of this chapter, a judge of the civil division, criminal division, and
juvenile division shall serve successive six (6) year terms.
(c) The term of office of a judge of the county division of the
superior court is six (6) years. A judge appointed under section 39 of
this chapter to fill a vacancy in the county division of the Lake
superior court serves for the unexpired term of the vacating judge
and until the appointed judge's successor is elected and qualified.
(d) Each six (6) year term begins on the first day of January
following the expiration of the preceding initial term or the preceding
six (6) year term, as the case may be, and continues for six (6) years. As added by P.L.98-2004, SEC.12.
IC 33-33-45-42 Submission to electorate; question of retention in office or rejection
of judges
Sec. 42. (a) The question of the retention in office or rejection of
each judge of the following divisions of the superior court of Lake
County shall be submitted to the electorate of Lake County at the
general election immediately preceding expiration of the term of the
judge:
(1) Civil division.
(2) Criminal division.
(3) Juvenile division.
(b) At the general election, the question of the retention in office
or rejection of a judge described in subsection (a) shall be submitted
to the electorate of Lake County in the form prescribed by IC 3-11
and must state "Shall Judge (insert name) of the superior court of
Lake County be retained in office for an additional term?".
(c) If a majority of the ballots cast by the electors voting on any
question is "Yes", the judge whose name appeared on the question
shall be approved for a six (6) year term beginning January 1
following the general election as provided in section 41(b) of this
chapter.
(d) If a majority of the ballots cast by the electors voting on any
question is "No", the judge whose name appeared on the question
shall be rejected. The office of the rejected judge is vacant on
January 1 following the rejection. The vacancy shall be filled by
appointment by the governor under section 38 of this chapter.
(e) The Lake County election board shall submit the question of
the retention in office or rejection of a judge described in subsection
(a) to the electorate of Lake County. The submission of the question
is subject to the provisions of IC 3 that are not inconsistent with this
chapter.
(f) If a judge who is appointed does not desire to serve any further
term, the judge shall notify in writing the clerk of the Lake circuit
court at least sixty (60) days before any general election, in which
case the question of that judge's retention in office or rejection shall
not be submitted to the electorate, and the office becomes vacant at
the expiration of the term. As added by P.L.98-2004, SEC.12. Amended by P.L.58-2005,
SEC.34.
IC 33-33-45-43 County division judge; election
Sec. 43. A judge of the county division of the Lake superior court
shall be elected under IC 3-10-2-11 by the electorate of Lake County. As added by P.L.98-2004, SEC.12.
IC 33-33-45-44 Conditions of office; censure or removal; political party
campaigning for or against removal
Sec. 44. (a) A judge of the superior court may not during a term
of office as judge of the superior court do any of the following:
(1) Engage in the practice of law.
(2) Run for elective office, unless the elective office is that of
judge of the county division of the Lake superior court.
(3) Take part in any political campaign, unless the judge is
running for election as judge of the county division and the
political campaign is conducted for that office.
(b) Failure to comply with this section is sufficient cause for the
commission on judicial qualifications to recommend to the supreme
court that the judge be censured or removed.
(c) A political party may not directly or indirectly campaign for
or against a judge subject to retention or rejection under this chapter. As added by P.L.98-2004, SEC.12.
IC 33-33-45-45
Repealed
(Repealed by P.L.118-2007, SEC.38.)
IC 33-33-45-1 Application
Sec. 1. IC 33-29-1 does not apply to this chapter. As added by P.L.98-2004, SEC.12.
IC 33-33-45-2 Judicial circuit
Sec. 2. (a) Lake County constitutes the thirty-first judicial circuit.
(b) The judge of the Lake circuit court may appoint two (2)
full-time magistrates under IC 33-23-5 to serve the Lake circuit
court. One (1) of the magistrates shall serve the domestic relations
counseling bureau established under IC 31-12-2. The judge shall
specify the duties of a magistrate appointed under this subsection. A
magistrate continues in office until removed by the judge of the
circuit court. As added by P.L.98-2004, SEC.12.
IC 33-33-45-3 Establishment of superior court
Sec. 3. There is established a superior court in Lake County
(referred to as "the court" in this chapter). As added by P.L.98-2004, SEC.12.
IC 33-33-45-4 Name
Sec. 4. The court shall be known as the superior court of Lake
County. As added by P.L.98-2004, SEC.12.
IC 33-33-45-5 Seal
Sec. 5. The court shall have a seal consisting of a circular disk
containing the words "superior court of Lake County, Indiana" and
"seal" and a design as the court may determine, an impression of
which shall be spread of record upon the order book of the court. As added by P.L.98-2004, SEC.12.
IC 33-33-45-6 Jurisdiction
Sec. 6. (a) The court has:
(1) the same jurisdiction as the Lake circuit court in all civil and
probate cases and matters whether original or appellate;
(2) original exclusive jurisdiction of all felony cases;
(3) original concurrent jurisdiction of all misdemeanor cases,
infraction cases, and ordinance violation cases;
(4) appellate jurisdiction in criminal cases as is vested in the
circuit court; and
(5) original exclusive juvenile jurisdiction.
(b) Notwithstanding IC 31-30-1-2, the juvenile court has exclusive
jurisdiction over a child who:
(1) has been taken into custody in the county; and
(2) has allegedly committed an act that would be a
misdemeanor traffic offense if committed by an adult. As added by P.L.98-2004, SEC.12.
IC 33-33-45-7 Court of record; force and effect of judgments and orders
Sec. 7. (a) The court is a court of record.
(b) The court's judgments, decrees, orders, and proceedings:
(1) have the same force and effect; and
(2) shall be enforced in the same manner;
as those of the Lake circuit court. As added by P.L.98-2004, SEC.12.
IC 33-33-45-8 Power and authority of court
Sec. 8. (a) The court:
(1) may make and adopt rules and regulations for conducting
the business of the court; and
(2) has all the powers incident to a court of record in relation to
the attendance of witnesses, the punishment of contempts, and
the enforcement of its orders.
(b) The judges may administer oaths, solemnize marriages, take
and certify acknowledgments of deeds and all legal instruments, and
give all necessary certificates for the authentication of the records
and proceedings in the court. As added by P.L.98-2004, SEC.12.
IC 33-33-45-9 Additional court powers
Sec. 9. The court has the same power to grant restraining orders
and injunctions, to issue writs of habeas corpus, to appoint receivers,
masters, and commissioners to convey real property, and to grant
commissions for the examination of witnesses, and to appoint other
officers necessary to facilitate and transact the business of the court
as is conferred on circuit courts or the judges of the circuit courts in
counties where there is no criminal court. As added by P.L.98-2004, SEC.12.
IC 33-33-45-10 Magistrates of criminal division
Sec. 10. (a) The judges of the criminal division may appoint two
(2) full-time magistrates under IC 33-23-5 to serve the criminal
division. A magistrate appointed under this subsection continues in
office until removed by the judges of the criminal division.
(b) The judges of the civil division may appoint two (2) full-time
magistrates under IC 33-23-5 to serve the civil division. A magistrate
appointed under this subsection continues in office until removed by
the judges of the civil division. As added by P.L.98-2004, SEC.12.
IC 33-33-45-11 Magistrates
Sec. 11. (a) The judge of division No. 1, division No. 2, and
division No. 3 of the court may each appoint one (1) full-time
magistrate under IC 33-23-5 to serve as the court requires. A
magistrate appointed under this section:
(1) must be a resident of the county; and
(2) continues in office until removed by the judge that the
magistrate serves.
(b) The appointment of a magistrate under this section must be in
writing.
(c) The judge may specifically determine the duties of the
magistrate within the limits established under IC 33-23-5.
(d) The county executive shall provide and maintain suitable
facilities for the use of the magistrate, including necessary furniture
and equipment.
(e) The court shall employ administrative staff necessary to
support the functions of the magistrates.
(f) The county fiscal body shall appropriate sufficient funds for
the provision of staff and facilities required under this section.
(g) A magistrate is entitled to annual compensation as established
under IC 33-23-5-10. The state shall pay the salary set under
IC 33-23-5-10. As added by P.L.98-2004, SEC.12.
IC 33-33-45-12 Personnel
Sec. 12. (a) The senior judge of each division may appoint the
number of bailiffs, court reporters, probation officers, and other
personnel as the senior judge believes is necessary to judicially and
efficiently facilitate and transact the business of the division. All
appointments shall be made without regard to the political affiliation
of the appointees. The salaries of the court personnel shall be fixed
and paid as provided by law. The officers and persons appointed
shall:
(1) perform the duties prescribed by the senior judge of each
respective division; and
(2) serve at the pleasure of the senior judge.
(b) The court shall appoint an administrative officer who has the
duties the court determines are necessary to ensure the efficient
operation of the court. The court may appoint the number of deputy
administrative officers as the court considers necessary to facilitate
and transact the business of the court. Any appointment of an
administrative officer or deputy administrative officer shall be made
without regard to the political affiliation of the appointees. The
salaries of the administrative officer and any deputy administrative
officer shall be fixed by the court, to be paid out of the county
treasury by the county auditor, upon the order of the court, and
entered of record. Any administrative officer or deputy
administrative officer appointed by the court shall:
(1) operate under the jurisdiction of the chief judge; and
(2) serve at the pleasure of the chief judge.
(c) The court may appoint part-time juvenile referees and
magistrates as provided by IC 31-31-3.
(d) The court may appoint the number of probate commissioners
provided for by IC 29-2-2. The probate commissioners shall be
vested with the powers and duties provided by IC 29. As added by P.L.98-2004, SEC.12.
IC 33-33-45-13 Location of court sessions
Sec. 13. The court shall hold continuous sessions in places in
Lake County as the court periodically determines. The board of
county commissioners of Lake County shall:
(1) provide and maintain:
(A) suitable and convenient courtrooms for the holding of
the court, together with suitable and convenient jury rooms
and offices for the judges and other court officers and
personnel; and
(B) other facilities as may be necessary; and
(2) provide all necessary furniture and equipment for rooms and
offices of the court. As added by P.L.98-2004, SEC.12.
IC 33-33-45-14 Books, papers, and records
Sec. 14. The clerk of the Lake circuit court, under the direction of
the court, shall provide order books, judgment dockets, execution
dockets, fee books, and other books, papers, and records that are
necessary for the court, and all books, papers, and proceedings of the
court shall be kept distinct and separate from those of other courts. As added by P.L.98-2004, SEC.12.
IC 33-33-45-15 Order books
Sec. 15. The court shall maintain an order book at each location
of the court and the order books may be signed on behalf of the court
by any of the judges of the court, and the signature constitutes
authentication of the actions of each of the judges in the court. As added by P.L.98-2004, SEC.12.
IC 33-33-45-16 Laws and rules governing the court
Sec. 16. All Indiana laws and rules adopted by the supreme court
governing the circuit courts apply to the superior court. However:
(1) a person other than a judge of the superior court of Lake
County may not serve as a special judge when a change of
judge is requested from the superior court of Lake County;
(2) a judge of the superior court of Lake County may not
receive compensation other than regular salary for serving as a
special judge where the change of venue from the judge was
granted by the superior court of Lake County;
(3) the statutes and rules governing the records, procedures, and
practices of county courts apply to the county division of the
court; and
(4) there is no change of venue from the county as of right in
cases in the county division of the court. As added by P.L.98-2004, SEC.12.
IC 33-33-45-17 Appeals
Sec. 17. Any party may appeal from any order or judgment of the
court in any case where an appeal may be had from a similar order
or judgment of the circuit court. As added by P.L.98-2004, SEC.12.
IC 33-33-45-18 Process of court
Sec. 18. The process of the court shall have the seal affixed and
be attested, directed, served, and returned, and be in the form as is
provided for process issuing from the circuit court. As added by P.L.98-2004, SEC.12.
IC 33-33-45-19 Chief judge; senior judge
Sec. 19. (a) The court, by rules adopted by the court, shall
designate one (1) of the judges as chief judge and shall fix the time
that the chief judge presides. The chief judge is responsible for the
efficient operation and conduct of the court.
(b) The judges of each division of the court, in accordance with
the rules adopted by the judges of that division, shall designate a
judge as the senior judge of that division and fix the time that the
senior judge serves.
(c) The senior judge of each division shall report to the chief
judge as to how the division should best judicially operate. As added by P.L.98-2004, SEC.12.
IC 33-33-45-20 Action of entire court
Sec. 20. When an action of the entire court is required, the judges
of the court shall act in concert. If there is a disagreement, the
decision of a majority of the judges controls. However, if the judges
are evenly divided, the decision joined by the chief judge controls. As added by P.L.98-2004, SEC.12.
IC 33-33-45-21 Divisions of court; assignment of judges
Sec. 21. (a) The court is divided into civil (including probate),
criminal, county, and juvenile divisions. The work of the court shall
be divided among the divisions by the rules of the court.
(b) Seven (7) judges comprise the civil division. Four (4) judges
comprise the criminal division. Four (4) judges comprise the county
division. One (1) judge comprises the juvenile division. However,
the court by rule may alter the number of judges assigned to a
division other than the county division of the court if the court
determines that the change is necessary for the efficient operation of
the court.
(c) The court by rule may reassign a judge of the court from one
(1) division to another if the court determines that the change is
necessary for the efficient operation of the court. The court by rule
shall establish a rotation schedule providing for the rotation of judges
through the various divisions. The rotation schedule may be used if
a judge determines that an emergency exists. However, a senior
judge of any division or a judge of the county division may not be
reassigned or rotated to another division under this subsection.
(d) The chief judge of the court may assign a judge in one (1)
division of the court to hear a case originating in another division of
the court, and may reassign cases from one (1) judge to another, if
the chief judge determines that the change is necessary for the
efficient operation of the court. As added by P.L.98-2004, SEC.12.
IC 33-33-45-22 Transfer of actions from circuit court
Sec. 22. The judge of the Lake circuit court may, with the consent
of the court, transfer any action, cause, or proceeding filed and
docketed in the Lake circuit court to the court by transferring all
original papers and instruments filed in the action, cause, or
proceeding and without further transcript, to be redocketed and
disposed of as if originally filed with the court. As added by P.L.98-2004, SEC.12.
IC 33-33-45-23 Transfer of actions to circuit court
Sec. 23. Any judge of the court may, with the consent of the judge
of the Lake circuit court, transfer any civil action, cause or
proceeding filed and docketed in the court to the Lake circuit court
by transferring all original papers and instruments filed in such
action, cause, or proceeding without further transcript thereof to be
redocketed and disposed of as if originally filed with the Lake circuit
court. As added by P.L.98-2004, SEC.12.
IC 33-33-45-24 Authority of circuit judge to sit in superior court
Sec. 24. The judge of the Lake circuit court may sit as a judge of
the court, with the court's permission, in the civil division, without
limitation and without any further order, in the same manner as if the
circuit court judge were a judge of the court with all the rights and
powers as if the circuit court judge were a duly appointed judge of
the court. As added by P.L.98-2004, SEC.12.
IC 33-33-45-25 Incumbent judges; retention; election
Sec. 25. (a) Unless the judge is a judge of the county division, at
the general election immediately preceding the expiration of a judge's
extended term the question of that judge's retention in office or
rejection shall be submitted to the electorate of Lake County under
section 42 of this chapter. Thereafter, unless rejected by the
electorate, each judge shall serve successive terms as provided in
section 41(b) of this chapter.
(b) A judge of the county division may serve a successive term if
elected to serve a successive term under section 43 of this chapter. As added by P.L.98-2004, SEC.12.
IC 33-33-45-26 Number of judges
Sec. 26. The superior court of Lake County consists of sixteen
(16) judges plus the Lake circuit court judge if the circuit court judge
chooses to sit on the superior court of Lake County. As added by P.L.98-2004, SEC.12.
IC 33-33-45-27 Judicial nominating commission; establishment
Sec. 27. (a) There is established a judicial nominating commission
for the superior court of Lake County, the functions, responsibilities,
and procedures of which are set forth in sections 28 through 37 of
this chapter.
(b) The board of county commissioners of Lake County shall
provide all facilities, equipment, supplies, and services as may be
necessary for the administration of the duties imposed upon the
commission. The members of the commission shall serve without
compensation. However, the board of county commissioners of Lake
County shall reimburse members of the commission for actual
expenses incurred in performing their duties. As added by P.L.98-2004, SEC.12.
IC 33-33-45-28 Judicial nominating commission; membership
Sec. 28. (a) The judicial nominating commission (referred to in
this chapter as the commission) consists of nine (9) members, the
majority of whom form a quorum. The chief justice of the supreme
court (or a justice of the supreme court or judge of the court of
appeals designated by the chief justice) shall be a member and shall
act as chairman.
(b) Under sections 30 and 31 of this chapter, those admitted to the
practice of law and residing in Lake County shall elect four (4) of
their members to serve on the commission, subject to the following:
(1) At least one (1) attorney member must be a minority
individual (as defined in IC 21-13-1-6).
(2) Two (2) attorney members must be women.
(3) Two (2) attorney members must be men.
(c) The Lake County board of commissioners shall appoint four
(4) nonattorney citizens to the commission, subject to the following:
(1) Each of the three (3) county commissioners shall appoint
one (1) nonattorney member who is a resident of the appointing
commissioner's district.
(2) After each county commissioner has had the opportunity to
make the county commissioner's appointment, the fourth
nonattorney member must be appointed by a majority vote of
the Lake County board of commissioners.
(3) At least one (1) nonattorney member must be a minority
individual (as defined in IC 21-13-1-6).
(4) Two (2) nonattorney members must be women.
(5) Two (2) nonattorney members must be men.
(6) Not more than two (2) of such appointees may be from the
same political party.
The appointees must reflect the composition of the community. If the
Lake County board of commissioners fails to appoint any of the
nonattorney commission members within the time required to do so
in section 29 of this chapter, the appointment shall be made by the
chief justice of the supreme court.
(d) A member of the commission, other than a judge or justice,
may not hold any other elected public office. A member may not
hold an office in a political party or organization. A nonattorney
member of the commission may not hold an elected or salaried public
office. A nonattorney member may not be an employee of the state
or of a political subdivision of the state.
(e) A member of the commission is not eligible for appointment
to a judicial office in Lake County if the member is a member of the
commission and for three (3) years thereafter.
(f) If any member of the commission, other than a judge or justice,
terminates the member's residence in Lake County, the member is
considered to have resigned from the commission. As added by P.L.98-2004, SEC.12. Amended by P.L.2-2007,
SEC.368.
IC 33-33-45-29 Appointment of nonattorney commissioners
Sec. 29. (a) The Lake County board of commissioners shall
appoint the four (4) nonattorney members of the commission.
(b) One (1) month before the expiration of a term of office of a
nonattorney commissioner, an appointment or reappointment shall be
made in accordance with section 28 of this chapter. All appointments
made by the Lake County board of commissioners shall be certified
to the secretary of state, the clerk of the supreme court, and the clerk
of Lake circuit court within ten (10) days after the appointment.
(c) Each nonattorney member shall be appointed for a term of four
(4) years.
(d) Whenever a vacancy occurs in the office of a nonattorney
commissioner, the chairman of the commission shall promptly notify
the Lake County board of commissioners in writing of such fact.
Vacancies in the office of nonattorney commissioners shall be filled
by appointment of the Lake County board of commissioners within
sixty (60) days after notice of the vacancy is received. The term of
the nonattorney commissioner appointed is for the unexpired term of
the member whose vacancy the new member has filled. As added by P.L.98-2004, SEC.12.
IC 33-33-45-30 Election of attorney commissioners
Sec. 30. (a) Those admitted to the practice of law and residing in
Lake County (referred to in this chapter as attorney electors) shall
elect four (4) of their number to the commission. To be eligible for
the office of attorney commissioner, a person must be on the current
annual list of attorneys certified to the clerk of the supreme court and
must be a resident of Lake County. The term of office of each elected
attorney member is four (4) years, commencing on the first day of
October following the attorney member's election. The election day
is the date on which the ballots are counted and, for purposes of this
section, is the first Tuesday in September 1995, and every four (4)
years thereafter. Thereafter, during the month before the expiration
of each attorney commissioner's term of office, an election shall be
held to fill the succeeding four (4) year term of office.
(b) Except when a term of office has less than ninety (90) days
remaining, vacancies in the office of an attorney commissioner to the
commission shall be filled for the unexpired term of the member
creating the vacancy by a special election. As added by P.L.98-2004, SEC.12.
IC 33-33-45-31 Election procedures
Sec. 31. The attorney members of the commission shall be elected
by the following process:
(1) The clerk of the Lake circuit court shall, at least ninety (90)
days before the date of election, notify all attorneys in Lake
County of the upcoming election by mail, informing them that
nominations must be made to the clerk of the circuit court at
least sixty (60) days before the election. The clerk shall secure
a list of all attorneys and their correct addresses from the clerk
of the supreme court.
(2) A nomination in writing, accompanied by a signed petition
of ten (10) attorney electors, and the written consent of the
qualified nominee shall be filed by any attorney elector or group
of attorney electors residing in Lake County, by mail or
otherwise, in the office of the clerk of the Lake circuit court at
least sixty (60) days before the election.
(3) The clerk of the Lake circuit court shall prepare and print
ballots containing the names and residential addresses of all
attorney nominees whose written nominations, petitions, and
written statements of consent have been received sixty (60)
days before the election.
(A) The ballot shall read:
"SUPERIOR COURT OF LAKE COUNTY
NOMINATING COMMISSION BALLOT
To be cast by individuals residing in Lake County and admitted
to the practice of law in Indiana. Vote for not more than four (4)
of the following candidates for the term commencing _______.
(Name) (Address)
(Name) (Address)
(etc.) (etc.)
To be counted, this ballot must be completed, the accompanying
certificate completed and signed, and both together mailed or
delivered to the clerk of the Lake circuit court not later than
_______.
DESTROY BALLOT IF NOT USED".
(B) The four (4) nominees receiving the most votes whose
election does not conflict with the requirements of section
28(b) of this chapter shall be elected.
(4) The clerk shall also supply with each ballot distributed by
the clerk a certificate, to be completed and signed and returned
by the attorney elector voting such ballot, certifying that the
attorney elector is admitted to the practice of law in Indiana,
that the attorney elector resides in Lake County, and that the
attorney elector voted the ballot returned. A ballot not
accompanied by the signed certificate of the voter shall not be
counted.
(5) To maintain the secrecy of each vote, a separate envelope
shall be provided by the clerk for the ballot, in which only the
voted ballot is to be placed. This envelope shall not be opened
until the counting of the ballots.
(6) The clerk of the Lake circuit court shall mail a ballot and its
accompanying material to all qualified attorney electors at least
two (2) weeks before the date of election.
(7) Upon receiving the completed ballots and the accompanying
certificate, the clerk shall ensure that the certificates have been
completed in compliance with this chapter. All ballots that are
accompanied by a valid certificate shall be placed in a package
designated to contain ballots. All accompanying certificates
shall be placed in a separate package.
(8) The clerk of the Lake circuit court, with the assistance of the
Lake County election board, shall open and canvass all ballots
after 4 p.m. on the day of election in the office of the clerk of
the Lake circuit court. Ballots received after 4 p.m. may not be
counted unless the chairman of the judicial nominating
commission orders an extension of time because of
extraordinary circumstances. Upon canvassing the ballots, the
clerk shall place all ballots back in their package. These, along
with the certificates, shall be retained in the clerk's office for six
(6) months, and the clerk shall permit no one to inspect them
except upon an order of the supreme court.
(9) In any election held for selection of attorney members of the
commission, in case two (2) or more nominees are tied so that
one (1) additional vote cast for one (1) of them would give the
nominee a plurality, the canvasser shall resolve the tie by lot
and the winner of the lot is considered to be elected. As added by P.L.98-2004, SEC.12.
IC 33-33-45-32 Notification
Sec. 32. After:
(1) the attorney members of the commission have been elected;
and
(2) the names of the nonattorney commissioners appointed by
the governor have been certified to the secretary of state, clerk
of the supreme court, and clerk of the Lake circuit court as this
chapter provides;
the clerk of the Lake circuit court shall by regular mail notify the
members of the commission of their election or appointment and
shall notify the chairman of the judicial nominating commission of
the same. As added by P.L.98-2004, SEC.12.
IC 33-33-45-33 Duration in office
Sec. 33. A member of the judicial nominating commission may
serve until the member's successor is appointed or elected. An
attorney commissioner or a nonattorney commissioner is not eligible
for more than two (2) successive reelections or reappointments. As added by P.L.98-2004, SEC.12.
IC 33-33-45-34 Vacancies; meetings of commission
Sec. 34. (a) When a vacancy occurs in the superior court of Lake
County, not including its county division, the clerk of the court shall
promptly notify the chairman and each member of the commission
of the vacancy. The chairman shall call a meeting of the commission
within ten (10) days following the notice. The commission shall
submit its nominations of three (3) candidates for each vacancy and
certify them to the governor as promptly as possible, and not later
than sixty (60) days after the vacancy occurs. When it is known that
a vacancy will occur at a definite future date within the term of the
governor then serving, but the vacancy has not yet occurred, the clerk
shall notify the chairman and each member of the commission
immediately of the forthcoming vacancy and the commission may
within fifty (50) days of the notice of the vacancy make its
nominations and submit to the governor the names of three (3)
persons nominated for the forthcoming vacancy.
(b) Meetings of the commission shall be called by its chairman,
or if the chairman fails to call a necessary meeting, upon the call of
any five (5) members of the commission. The chairman, whenever
the chairman considers a meeting necessary, or upon the request by
any five (5) members of the commission for a meeting, shall give
each member of the commission at least five (5) days written notice
by mail of the date, time, and place of every meeting unless the
commission at its previous meeting designated the date, time, and
place of its next meeting.
(c) Meetings of the commission are to be held at the Lake County
government center in Crown Point or another place, as the circuit
court clerk of Lake County may arrange, at the direction of the
chairman of the commission.
(d) The commission may act only at a public meeting. IC 5-14-1.5
applies to meetings of the commission. The commission may not
meet in executive session under IC 5-14-1.5-6.1 for the consideration
of a candidate for judicial appointment.
(e) The commission may act only by the concurrence of a majority
of its members attending a meeting. Five (5) members constitute a
quorum at a meeting.
(f) The commission may adopt reasonable and proper rules and
regulations for the conduct of its proceedings and the discharge of its
duties. These rules must provide for the receipt of public testimony
concerning the qualifications of candidates for nomination to the
governor. As added by P.L.98-2004, SEC.12.
IC 33-33-45-35 Nominees; requirements of commission
Sec. 35. In selecting the three (3) nominees to be submitted to the
governor, the commission shall comply with the following
requirements:
(1) The commission shall submit only the names of the three (3)
most highly qualified candidates from among all those eligible
individuals considered. To be eligible for nomination as a judge
of the superior court of Lake County, a person must be
domiciled in the county of Lake, a citizen of the United States,
and admitted to the practice of law in Indiana.
(2) In abiding by the mandate in subdivision (1), the
commission shall evaluate in writing each eligible individual on
the following factors:
(A) Law school record, including any academic honors and
achievements.
(B) Contribution to scholarly journals and publications,
legislative drafting, and legal briefs.
(C) Activities in public service, including:
(i) writings and speeches concerning public or civic affairs
that are on public record, including but not limited to
campaign speeches or writings, letters to newspapers, and
testimony before public agencies;
(ii) government service;
(iii) efforts and achievements in improving the
administration of justice; and
(iv) other conduct relating to the individual's profession.
(D) Legal experience, including the number of years of
practicing law, the kind of practice involved, and reputation
as a trial lawyer or judge.
(E) Probable judicial temperament.
(F) Physical condition, including age, stamina, and possible
habitual intemperance.
(G) Personality traits, including the exercise of sound
judgment, ability to compromise and conciliate, patience,
decisiveness, and dedication.
(H) Membership on boards of directors, financial interests,
and any other consideration that might create conflict of
interest with a judicial office.
(I) Any other pertinent information that the commission feels
is important in selecting the best qualified individuals for
judicial office.
(3) These written evaluations shall not be made on an individual
until the individual states in writing that the individual desires
to hold a judicial office that is or will be created by vacancy.
(4) The political affiliations of any candidate may not be
considered by the commission in evaluating and determining
which eligible candidates shall be recommended to the governor
for a vacancy on the superior court of Lake County.
(5) In determining which eligible candidates are recommended
to the governor, the commission shall consider that racial and
gender diversity enhances the quality of the judiciary. As added by P.L.98-2004, SEC.12.
IC 33-33-45-36 List of nominees; public records; submission to governor
Sec. 36. (a) The commission shall submit with the list of three (3)
nominees to the governor its written evaluation of the qualifications
of each candidate.
(b) The names of the nominees and the written evaluations are
public records that may be inspected and copied under IC 5-14-3.
(c) Every eligible candidate whose name was not submitted to the
governor shall have access to any evaluation on the candidate by the
commission and the right to make such evaluation public.
(d) Records specifically prepared for discussion or developed
during discussion in an executive session under IC 5-14-1.5-6.1 are
excepted from public disclosure, unless the records are prepared for
use in the consideration of a candidate for judicial appointment. As added by P.L.98-2004, SEC.12. IC 33-33-45-37 Withdrawal of name or list of nominations
Sec. 37. (a) After the commission has nominated and submitted
to the governor the names of three (3) persons for appointment to fill
a vacancy of the superior court of Lake County:
(1) any name may be withdrawn for cause considered by the
commission to be of a substantial nature affecting the nominee's
qualifications to hold office; and
(2) another name may be substituted;
before the appointment is made to fill the vacancy.
(b) If a nominee dies or requests in writing that the nominee's
name be withdrawn, the commission shall nominate another person
to replace the nominee.
(c) If two (2) or more vacancies exist, the commission shall
nominate and submit to the governor a list of three (3) different
persons for each of the vacancies. The commission may, before an
appointment is made, withdraw the lists of nominations, change the
names of any persons nominated from one (1) list to another, and
resubmit them as changed, or may substitute a new name for any of
those previously nominated. As added by P.L.98-2004, SEC.12.
IC 33-33-45-38 Selection of judges
Sec. 38. (a) A vacancy occurring on the court shall be filled by
appointment of the governor from a list of three (3) nominees
presented to the governor by the judicial nominating commission. If
the governor fails to make an appointment from the list within sixty
(60) days after the day it is presented to the governor, the
appointment shall be made by the chief justice or the acting chief
justice of the supreme court from the same list, or altered list as
provided for in section 37 of this chapter.
(b) The governor shall make all appointments to the court without
regard to the political affiliation of any of the three (3) nominees
submitted to the governor. In the interest of justice, the governor
shall consider only those qualifications of the nominees included in
section 35 of this chapter. As added by P.L.98-2004, SEC.12.
IC 33-33-45-39 Lake County judge appointed by governor
Sec. 39. A vacancy occurring on the superior court county
division must be filled by appointment of the governor. In the
interests of justice, the governor shall consider only those
qualifications listed in section 35 of this chapter. As added by P.L.98-2004, SEC.12.
IC 33-33-45-40 Effective date of appointment
Sec. 40. An appointment by the governor or chief justice, as
required by section 38 or 39 of this chapter, to the superior court of
Lake County takes effect immediately if a vacancy exists at the date
of the appointment. The appointment takes effect on the date the
vacancy is created if a vacancy does not exist at the date of
appointment. As added by P.L.98-2004, SEC.12.
IC 33-33-45-41 Tenure of judges
Sec. 41. (a) Each judge appointed under section 38 of this chapter
serves an initial term, which begins on the effective date of the
appointment of the judge and continues through December 31 in the
year of the general election that follows the expiration of two (2)
years after the effective date of the judge's appointment.
(b) Unless rejected by the electorate of Lake County under section
42 of this chapter, a judge of the civil division, criminal division, and
juvenile division shall serve successive six (6) year terms.
(c) The term of office of a judge of the county division of the
superior court is six (6) years. A judge appointed under section 39 of
this chapter to fill a vacancy in the county division of the Lake
superior court serves for the unexpired term of the vacating judge
and until the appointed judge's successor is elected and qualified.
(d) Each six (6) year term begins on the first day of January
following the expiration of the preceding initial term or the preceding
six (6) year term, as the case may be, and continues for six (6) years. As added by P.L.98-2004, SEC.12.
IC 33-33-45-42 Submission to electorate; question of retention in office or rejection
of judges
Sec. 42. (a) The question of the retention in office or rejection of
each judge of the following divisions of the superior court of Lake
County shall be submitted to the electorate of Lake County at the
general election immediately preceding expiration of the term of the
judge:
(1) Civil division.
(2) Criminal division.
(3) Juvenile division.
(b) At the general election, the question of the retention in office
or rejection of a judge described in subsection (a) shall be submitted
to the electorate of Lake County in the form prescribed by IC 3-11
and must state "Shall Judge (insert name) of the superior court of
Lake County be retained in office for an additional term?".
(c) If a majority of the ballots cast by the electors voting on any
question is "Yes", the judge whose name appeared on the question
shall be approved for a six (6) year term beginning January 1
following the general election as provided in section 41(b) of this
chapter.
(d) If a majority of the ballots cast by the electors voting on any
question is "No", the judge whose name appeared on the question
shall be rejected. The office of the rejected judge is vacant on
January 1 following the rejection. The vacancy shall be filled by
appointment by the governor under section 38 of this chapter.
(e) The Lake County election board shall submit the question of
the retention in office or rejection of a judge described in subsection
(a) to the electorate of Lake County. The submission of the question
is subject to the provisions of IC 3 that are not inconsistent with this
chapter.
(f) If a judge who is appointed does not desire to serve any further
term, the judge shall notify in writing the clerk of the Lake circuit
court at least sixty (60) days before any general election, in which
case the question of that judge's retention in office or rejection shall
not be submitted to the electorate, and the office becomes vacant at
the expiration of the term. As added by P.L.98-2004, SEC.12. Amended by P.L.58-2005,
SEC.34.
IC 33-33-45-43 County division judge; election
Sec. 43. A judge of the county division of the Lake superior court
shall be elected under IC 3-10-2-11 by the electorate of Lake County. As added by P.L.98-2004, SEC.12.
IC 33-33-45-44 Conditions of office; censure or removal; political party
campaigning for or against removal
Sec. 44. (a) A judge of the superior court may not during a term
of office as judge of the superior court do any of the following:
(1) Engage in the practice of law.
(2) Run for elective office, unless the elective office is that of
judge of the county division of the Lake superior court.
(3) Take part in any political campaign, unless the judge is
running for election as judge of the county division and the
political campaign is conducted for that office.
(b) Failure to comply with this section is sufficient cause for the
commission on judicial qualifications to recommend to the supreme
court that the judge be censured or removed.
(c) A political party may not directly or indirectly campaign for
or against a judge subject to retention or rejection under this chapter. As added by P.L.98-2004, SEC.12.
IC 33-33-45-45
Repealed
(Repealed by P.L.118-2007, SEC.38.)
IC 33-33-45-1 Application
Sec. 1. IC 33-29-1 does not apply to this chapter. As added by P.L.98-2004, SEC.12.
IC 33-33-45-2 Judicial circuit
Sec. 2. (a) Lake County constitutes the thirty-first judicial circuit.
(b) The judge of the Lake circuit court may appoint two (2)
full-time magistrates under IC 33-23-5 to serve the Lake circuit
court. One (1) of the magistrates shall serve the domestic relations
counseling bureau established under IC 31-12-2. The judge shall
specify the duties of a magistrate appointed under this subsection. A
magistrate continues in office until removed by the judge of the
circuit court. As added by P.L.98-2004, SEC.12.
IC 33-33-45-3 Establishment of superior court
Sec. 3. There is established a superior court in Lake County
(referred to as "the court" in this chapter). As added by P.L.98-2004, SEC.12.
IC 33-33-45-4 Name
Sec. 4. The court shall be known as the superior court of Lake
County. As added by P.L.98-2004, SEC.12.
IC 33-33-45-5 Seal
Sec. 5. The court shall have a seal consisting of a circular disk
containing the words "superior court of Lake County, Indiana" and
"seal" and a design as the court may determine, an impression of
which shall be spread of record upon the order book of the court. As added by P.L.98-2004, SEC.12.
IC 33-33-45-6 Jurisdiction
Sec. 6. (a) The court has:
(1) the same jurisdiction as the Lake circuit court in all civil and
probate cases and matters whether original or appellate;
(2) original exclusive jurisdiction of all felony cases;
(3) original concurrent jurisdiction of all misdemeanor cases,
infraction cases, and ordinance violation cases;
(4) appellate jurisdiction in criminal cases as is vested in the
circuit court; and
(5) original exclusive juvenile jurisdiction.
(b) Notwithstanding IC 31-30-1-2, the juvenile court has exclusive
jurisdiction over a child who:
(1) has been taken into custody in the county; and
(2) has allegedly committed an act that would be a
misdemeanor traffic offense if committed by an adult. As added by P.L.98-2004, SEC.12.
IC 33-33-45-7 Court of record; force and effect of judgments and orders
Sec. 7. (a) The court is a court of record.
(b) The court's judgments, decrees, orders, and proceedings:
(1) have the same force and effect; and
(2) shall be enforced in the same manner;
as those of the Lake circuit court. As added by P.L.98-2004, SEC.12.
IC 33-33-45-8 Power and authority of court
Sec. 8. (a) The court:
(1) may make and adopt rules and regulations for conducting
the business of the court; and
(2) has all the powers incident to a court of record in relation to
the attendance of witnesses, the punishment of contempts, and
the enforcement of its orders.
(b) The judges may administer oaths, solemnize marriages, take
and certify acknowledgments of deeds and all legal instruments, and
give all necessary certificates for the authentication of the records
and proceedings in the court. As added by P.L.98-2004, SEC.12.
IC 33-33-45-9 Additional court powers
Sec. 9. The court has the same power to grant restraining orders
and injunctions, to issue writs of habeas corpus, to appoint receivers,
masters, and commissioners to convey real property, and to grant
commissions for the examination of witnesses, and to appoint other
officers necessary to facilitate and transact the business of the court
as is conferred on circuit courts or the judges of the circuit courts in
counties where there is no criminal court. As added by P.L.98-2004, SEC.12.
IC 33-33-45-10 Magistrates of criminal division
Sec. 10. (a) The judges of the criminal division may appoint two
(2) full-time magistrates under IC 33-23-5 to serve the criminal
division. A magistrate appointed under this subsection continues in
office until removed by the judges of the criminal division.
(b) The judges of the civil division may appoint two (2) full-time
magistrates under IC 33-23-5 to serve the civil division. A magistrate
appointed under this subsection continues in office until removed by
the judges of the civil division. As added by P.L.98-2004, SEC.12.
IC 33-33-45-11 Magistrates
Sec. 11. (a) The judge of division No. 1, division No. 2, and
division No. 3 of the court may each appoint one (1) full-time
magistrate under IC 33-23-5 to serve as the court requires. A
magistrate appointed under this section:
(1) must be a resident of the county; and
(2) continues in office until removed by the judge that the
magistrate serves.
(b) The appointment of a magistrate under this section must be in
writing.
(c) The judge may specifically determine the duties of the
magistrate within the limits established under IC 33-23-5.
(d) The county executive shall provide and maintain suitable
facilities for the use of the magistrate, including necessary furniture
and equipment.
(e) The court shall employ administrative staff necessary to
support the functions of the magistrates.
(f) The county fiscal body shall appropriate sufficient funds for
the provision of staff and facilities required under this section.
(g) A magistrate is entitled to annual compensation as established
under IC 33-23-5-10. The state shall pay the salary set under
IC 33-23-5-10. As added by P.L.98-2004, SEC.12.
IC 33-33-45-12 Personnel
Sec. 12. (a) The senior judge of each division may appoint the
number of bailiffs, court reporters, probation officers, and other
personnel as the senior judge believes is necessary to judicially and
efficiently facilitate and transact the business of the division. All
appointments shall be made without regard to the political affiliation
of the appointees. The salaries of the court personnel shall be fixed
and paid as provided by law. The officers and persons appointed
shall:
(1) perform the duties prescribed by the senior judge of each
respective division; and
(2) serve at the pleasure of the senior judge.
(b) The court shall appoint an administrative officer who has the
duties the court determines are necessary to ensure the efficient
operation of the court. The court may appoint the number of deputy
administrative officers as the court considers necessary to facilitate
and transact the business of the court. Any appointment of an
administrative officer or deputy administrative officer shall be made
without regard to the political affiliation of the appointees. The
salaries of the administrative officer and any deputy administrative
officer shall be fixed by the court, to be paid out of the county
treasury by the county auditor, upon the order of the court, and
entered of record. Any administrative officer or deputy
administrative officer appointed by the court shall:
(1) operate under the jurisdiction of the chief judge; and
(2) serve at the pleasure of the chief judge.
(c) The court may appoint part-time juvenile referees and
magistrates as provided by IC 31-31-3.
(d) The court may appoint the number of probate commissioners
provided for by IC 29-2-2. The probate commissioners shall be
vested with the powers and duties provided by IC 29. As added by P.L.98-2004, SEC.12.
IC 33-33-45-13 Location of court sessions
Sec. 13. The court shall hold continuous sessions in places in
Lake County as the court periodically determines. The board of
county commissioners of Lake County shall:
(1) provide and maintain:
(A) suitable and convenient courtrooms for the holding of
the court, together with suitable and convenient jury rooms
and offices for the judges and other court officers and
personnel; and
(B) other facilities as may be necessary; and
(2) provide all necessary furniture and equipment for rooms and
offices of the court. As added by P.L.98-2004, SEC.12.
IC 33-33-45-14 Books, papers, and records
Sec. 14. The clerk of the Lake circuit court, under the direction of
the court, shall provide order books, judgment dockets, execution
dockets, fee books, and other books, papers, and records that are
necessary for the court, and all books, papers, and proceedings of the
court shall be kept distinct and separate from those of other courts. As added by P.L.98-2004, SEC.12.
IC 33-33-45-15 Order books
Sec. 15. The court shall maintain an order book at each location
of the court and the order books may be signed on behalf of the court
by any of the judges of the court, and the signature constitutes
authentication of the actions of each of the judges in the court. As added by P.L.98-2004, SEC.12.
IC 33-33-45-16 Laws and rules governing the court
Sec. 16. All Indiana laws and rules adopted by the supreme court
governing the circuit courts apply to the superior court. However:
(1) a person other than a judge of the superior court of Lake
County may not serve as a special judge when a change of
judge is requested from the superior court of Lake County;
(2) a judge of the superior court of Lake County may not
receive compensation other than regular salary for serving as a
special judge where the change of venue from the judge was
granted by the superior court of Lake County;
(3) the statutes and rules governing the records, procedures, and
practices of county courts apply to the county division of the
court; and
(4) there is no change of venue from the county as of right in
cases in the county division of the court. As added by P.L.98-2004, SEC.12.
IC 33-33-45-17 Appeals
Sec. 17. Any party may appeal from any order or judgment of the
court in any case where an appeal may be had from a similar order
or judgment of the circuit court. As added by P.L.98-2004, SEC.12.
IC 33-33-45-18 Process of court
Sec. 18. The process of the court shall have the seal affixed and
be attested, directed, served, and returned, and be in the form as is
provided for process issuing from the circuit court. As added by P.L.98-2004, SEC.12.
IC 33-33-45-19 Chief judge; senior judge
Sec. 19. (a) The court, by rules adopted by the court, shall
designate one (1) of the judges as chief judge and shall fix the time
that the chief judge presides. The chief judge is responsible for the
efficient operation and conduct of the court.
(b) The judges of each division of the court, in accordance with
the rules adopted by the judges of that division, shall designate a
judge as the senior judge of that division and fix the time that the
senior judge serves.
(c) The senior judge of each division shall report to the chief
judge as to how the division should best judicially operate. As added by P.L.98-2004, SEC.12.
IC 33-33-45-20 Action of entire court
Sec. 20. When an action of the entire court is required, the judges
of the court shall act in concert. If there is a disagreement, the
decision of a majority of the judges controls. However, if the judges
are evenly divided, the decision joined by the chief judge controls. As added by P.L.98-2004, SEC.12.
IC 33-33-45-21 Divisions of court; assignment of judges
Sec. 21. (a) The court is divided into civil (including probate),
criminal, county, and juvenile divisions. The work of the court shall
be divided among the divisions by the rules of the court.
(b) Seven (7) judges comprise the civil division. Four (4) judges
comprise the criminal division. Four (4) judges comprise the county
division. One (1) judge comprises the juvenile division. However,
the court by rule may alter the number of judges assigned to a
division other than the county division of the court if the court
determines that the change is necessary for the efficient operation of
the court.
(c) The court by rule may reassign a judge of the court from one
(1) division to another if the court determines that the change is
necessary for the efficient operation of the court. The court by rule
shall establish a rotation schedule providing for the rotation of judges
through the various divisions. The rotation schedule may be used if
a judge determines that an emergency exists. However, a senior
judge of any division or a judge of the county division may not be
reassigned or rotated to another division under this subsection.
(d) The chief judge of the court may assign a judge in one (1)
division of the court to hear a case originating in another division of
the court, and may reassign cases from one (1) judge to another, if
the chief judge determines that the change is necessary for the
efficient operation of the court. As added by P.L.98-2004, SEC.12.
IC 33-33-45-22 Transfer of actions from circuit court
Sec. 22. The judge of the Lake circuit court may, with the consent
of the court, transfer any action, cause, or proceeding filed and
docketed in the Lake circuit court to the court by transferring all
original papers and instruments filed in the action, cause, or
proceeding and without further transcript, to be redocketed and
disposed of as if originally filed with the court. As added by P.L.98-2004, SEC.12.
IC 33-33-45-23 Transfer of actions to circuit court
Sec. 23. Any judge of the court may, with the consent of the judge
of the Lake circuit court, transfer any civil action, cause or
proceeding filed and docketed in the court to the Lake circuit court
by transferring all original papers and instruments filed in such
action, cause, or proceeding without further transcript thereof to be
redocketed and disposed of as if originally filed with the Lake circuit
court. As added by P.L.98-2004, SEC.12.
IC 33-33-45-24 Authority of circuit judge to sit in superior court
Sec. 24. The judge of the Lake circuit court may sit as a judge of
the court, with the court's permission, in the civil division, without
limitation and without any further order, in the same manner as if the
circuit court judge were a judge of the court with all the rights and
powers as if the circuit court judge were a duly appointed judge of
the court. As added by P.L.98-2004, SEC.12.
IC 33-33-45-25 Incumbent judges; retention; election
Sec. 25. (a) Unless the judge is a judge of the county division, at
the general election immediately preceding the expiration of a judge's
extended term the question of that judge's retention in office or
rejection shall be submitted to the electorate of Lake County under
section 42 of this chapter. Thereafter, unless rejected by the
electorate, each judge shall serve successive terms as provided in
section 41(b) of this chapter.
(b) A judge of the county division may serve a successive term if
elected to serve a successive term under section 43 of this chapter. As added by P.L.98-2004, SEC.12.
IC 33-33-45-26 Number of judges
Sec. 26. The superior court of Lake County consists of sixteen
(16) judges plus the Lake circuit court judge if the circuit court judge
chooses to sit on the superior court of Lake County. As added by P.L.98-2004, SEC.12.
IC 33-33-45-27 Judicial nominating commission; establishment
Sec. 27. (a) There is established a judicial nominating commission
for the superior court of Lake County, the functions, responsibilities,
and procedures of which are set forth in sections 28 through 37 of
this chapter.
(b) The board of county commissioners of Lake County shall
provide all facilities, equipment, supplies, and services as may be
necessary for the administration of the duties imposed upon the
commission. The members of the commission shall serve without
compensation. However, the board of county commissioners of Lake
County shall reimburse members of the commission for actual
expenses incurred in performing their duties. As added by P.L.98-2004, SEC.12.
IC 33-33-45-28 Judicial nominating commission; membership
Sec. 28. (a) The judicial nominating commission (referred to in
this chapter as the commission) consists of nine (9) members, the
majority of whom form a quorum. The chief justice of the supreme
court (or a justice of the supreme court or judge of the court of
appeals designated by the chief justice) shall be a member and shall
act as chairman.
(b) Under sections 30 and 31 of this chapter, those admitted to the
practice of law and residing in Lake County shall elect four (4) of
their members to serve on the commission, subject to the following:
(1) At least one (1) attorney member must be a minority
individual (as defined in IC 21-13-1-6).
(2) Two (2) attorney members must be women.
(3) Two (2) attorney members must be men.
(c) The Lake County board of commissioners shall appoint four
(4) nonattorney citizens to the commission, subject to the following:
(1) Each of the three (3) county commissioners shall appoint
one (1) nonattorney member who is a resident of the appointing
commissioner's district.
(2) After each county commissioner has had the opportunity to
make the county commissioner's appointment, the fourth
nonattorney member must be appointed by a majority vote of
the Lake County board of commissioners.
(3) At least one (1) nonattorney member must be a minority
individual (as defined in IC 21-13-1-6).
(4) Two (2) nonattorney members must be women.
(5) Two (2) nonattorney members must be men.
(6) Not more than two (2) of such appointees may be from the
same political party.
The appointees must reflect the composition of the community. If the
Lake County board of commissioners fails to appoint any of the
nonattorney commission members within the time required to do so
in section 29 of this chapter, the appointment shall be made by the
chief justice of the supreme court.
(d) A member of the commission, other than a judge or justice,
may not hold any other elected public office. A member may not
hold an office in a political party or organization. A nonattorney
member of the commission may not hold an elected or salaried public
office. A nonattorney member may not be an employee of the state
or of a political subdivision of the state.
(e) A member of the commission is not eligible for appointment
to a judicial office in Lake County if the member is a member of the
commission and for three (3) years thereafter.
(f) If any member of the commission, other than a judge or justice,
terminates the member's residence in Lake County, the member is
considered to have resigned from the commission. As added by P.L.98-2004, SEC.12. Amended by P.L.2-2007,
SEC.368.
IC 33-33-45-29 Appointment of nonattorney commissioners
Sec. 29. (a) The Lake County board of commissioners shall
appoint the four (4) nonattorney members of the commission.
(b) One (1) month before the expiration of a term of office of a
nonattorney commissioner, an appointment or reappointment shall be
made in accordance with section 28 of this chapter. All appointments
made by the Lake County board of commissioners shall be certified
to the secretary of state, the clerk of the supreme court, and the clerk
of Lake circuit court within ten (10) days after the appointment.
(c) Each nonattorney member shall be appointed for a term of four
(4) years.
(d) Whenever a vacancy occurs in the office of a nonattorney
commissioner, the chairman of the commission shall promptly notify
the Lake County board of commissioners in writing of such fact.
Vacancies in the office of nonattorney commissioners shall be filled
by appointment of the Lake County board of commissioners within
sixty (60) days after notice of the vacancy is received. The term of
the nonattorney commissioner appointed is for the unexpired term of
the member whose vacancy the new member has filled. As added by P.L.98-2004, SEC.12.
IC 33-33-45-30 Election of attorney commissioners
Sec. 30. (a) Those admitted to the practice of law and residing in
Lake County (referred to in this chapter as attorney electors) shall
elect four (4) of their number to the commission. To be eligible for
the office of attorney commissioner, a person must be on the current
annual list of attorneys certified to the clerk of the supreme court and
must be a resident of Lake County. The term of office of each elected
attorney member is four (4) years, commencing on the first day of
October following the attorney member's election. The election day
is the date on which the ballots are counted and, for purposes of this
section, is the first Tuesday in September 1995, and every four (4)
years thereafter. Thereafter, during the month before the expiration
of each attorney commissioner's term of office, an election shall be
held to fill the succeeding four (4) year term of office.
(b) Except when a term of office has less than ninety (90) days
remaining, vacancies in the office of an attorney commissioner to the
commission shall be filled for the unexpired term of the member
creating the vacancy by a special election. As added by P.L.98-2004, SEC.12.
IC 33-33-45-31 Election procedures
Sec. 31. The attorney members of the commission shall be elected
by the following process:
(1) The clerk of the Lake circuit court shall, at least ninety (90)
days before the date of election, notify all attorneys in Lake
County of the upcoming election by mail, informing them that
nominations must be made to the clerk of the circuit court at
least sixty (60) days before the election. The clerk shall secure
a list of all attorneys and their correct addresses from the clerk
of the supreme court.
(2) A nomination in writing, accompanied by a signed petition
of ten (10) attorney electors, and the written consent of the
qualified nominee shall be filed by any attorney elector or group
of attorney electors residing in Lake County, by mail or
otherwise, in the office of the clerk of the Lake circuit court at
least sixty (60) days before the election.
(3) The clerk of the Lake circuit court shall prepare and print
ballots containing the names and residential addresses of all
attorney nominees whose written nominations, petitions, and
written statements of consent have been received sixty (60)
days before the election.
(A) The ballot shall read:
"SUPERIOR COURT OF LAKE COUNTY
NOMINATING COMMISSION BALLOT
To be cast by individuals residing in Lake County and admitted
to the practice of law in Indiana. Vote for not more than four (4)
of the following candidates for the term commencing _______.
(Name) (Address)
(Name) (Address)
(etc.) (etc.)
To be counted, this ballot must be completed, the accompanying
certificate completed and signed, and both together mailed or
delivered to the clerk of the Lake circuit court not later than
_______.
DESTROY BALLOT IF NOT USED".
(B) The four (4) nominees receiving the most votes whose
election does not conflict with the requirements of section
28(b) of this chapter shall be elected.
(4) The clerk shall also supply with each ballot distributed by
the clerk a certificate, to be completed and signed and returned
by the attorney elector voting such ballot, certifying that the
attorney elector is admitted to the practice of law in Indiana,
that the attorney elector resides in Lake County, and that the
attorney elector voted the ballot returned. A ballot not
accompanied by the signed certificate of the voter shall not be
counted.
(5) To maintain the secrecy of each vote, a separate envelope
shall be provided by the clerk for the ballot, in which only the
voted ballot is to be placed. This envelope shall not be opened
until the counting of the ballots.
(6) The clerk of the Lake circuit court shall mail a ballot and its
accompanying material to all qualified attorney electors at least
two (2) weeks before the date of election.
(7) Upon receiving the completed ballots and the accompanying
certificate, the clerk shall ensure that the certificates have been
completed in compliance with this chapter. All ballots that are
accompanied by a valid certificate shall be placed in a package
designated to contain ballots. All accompanying certificates
shall be placed in a separate package.
(8) The clerk of the Lake circuit court, with the assistance of the
Lake County election board, shall open and canvass all ballots
after 4 p.m. on the day of election in the office of the clerk of
the Lake circuit court. Ballots received after 4 p.m. may not be
counted unless the chairman of the judicial nominating
commission orders an extension of time because of
extraordinary circumstances. Upon canvassing the ballots, the
clerk shall place all ballots back in their package. These, along
with the certificates, shall be retained in the clerk's office for six
(6) months, and the clerk shall permit no one to inspect them
except upon an order of the supreme court.
(9) In any election held for selection of attorney members of the
commission, in case two (2) or more nominees are tied so that
one (1) additional vote cast for one (1) of them would give the
nominee a plurality, the canvasser shall resolve the tie by lot
and the winner of the lot is considered to be elected. As added by P.L.98-2004, SEC.12.
IC 33-33-45-32 Notification
Sec. 32. After:
(1) the attorney members of the commission have been elected;
and
(2) the names of the nonattorney commissioners appointed by
the governor have been certified to the secretary of state, clerk
of the supreme court, and clerk of the Lake circuit court as this
chapter provides;
the clerk of the Lake circuit court shall by regular mail notify the
members of the commission of their election or appointment and
shall notify the chairman of the judicial nominating commission of
the same. As added by P.L.98-2004, SEC.12.
IC 33-33-45-33 Duration in office
Sec. 33. A member of the judicial nominating commission may
serve until the member's successor is appointed or elected. An
attorney commissioner or a nonattorney commissioner is not eligible
for more than two (2) successive reelections or reappointments. As added by P.L.98-2004, SEC.12.
IC 33-33-45-34 Vacancies; meetings of commission
Sec. 34. (a) When a vacancy occurs in the superior court of Lake
County, not including its county division, the clerk of the court shall
promptly notify the chairman and each member of the commission
of the vacancy. The chairman shall call a meeting of the commission
within ten (10) days following the notice. The commission shall
submit its nominations of three (3) candidates for each vacancy and
certify them to the governor as promptly as possible, and not later
than sixty (60) days after the vacancy occurs. When it is known that
a vacancy will occur at a definite future date within the term of the
governor then serving, but the vacancy has not yet occurred, the clerk
shall notify the chairman and each member of the commission
immediately of the forthcoming vacancy and the commission may
within fifty (50) days of the notice of the vacancy make its
nominations and submit to the governor the names of three (3)
persons nominated for the forthcoming vacancy.
(b) Meetings of the commission shall be called by its chairman,
or if the chairman fails to call a necessary meeting, upon the call of
any five (5) members of the commission. The chairman, whenever
the chairman considers a meeting necessary, or upon the request by
any five (5) members of the commission for a meeting, shall give
each member of the commission at least five (5) days written notice
by mail of the date, time, and place of every meeting unless the
commission at its previous meeting designated the date, time, and
place of its next meeting.
(c) Meetings of the commission are to be held at the Lake County
government center in Crown Point or another place, as the circuit
court clerk of Lake County may arrange, at the direction of the
chairman of the commission.
(d) The commission may act only at a public meeting. IC 5-14-1.5
applies to meetings of the commission. The commission may not
meet in executive session under IC 5-14-1.5-6.1 for the consideration
of a candidate for judicial appointment.
(e) The commission may act only by the concurrence of a majority
of its members attending a meeting. Five (5) members constitute a
quorum at a meeting.
(f) The commission may adopt reasonable and proper rules and
regulations for the conduct of its proceedings and the discharge of its
duties. These rules must provide for the receipt of public testimony
concerning the qualifications of candidates for nomination to the
governor. As added by P.L.98-2004, SEC.12.
IC 33-33-45-35 Nominees; requirements of commission
Sec. 35. In selecting the three (3) nominees to be submitted to the
governor, the commission shall comply with the following
requirements:
(1) The commission shall submit only the names of the three (3)
most highly qualified candidates from among all those eligible
individuals considered. To be eligible for nomination as a judge
of the superior court of Lake County, a person must be
domiciled in the county of Lake, a citizen of the United States,
and admitted to the practice of law in Indiana.
(2) In abiding by the mandate in subdivision (1), the
commission shall evaluate in writing each eligible individual on
the following factors:
(A) Law school record, including any academic honors and
achievements.
(B) Contribution to scholarly journals and publications,
legislative drafting, and legal briefs.
(C) Activities in public service, including:
(i) writings and speeches concerning public or civic affairs
that are on public record, including but not limited to
campaign speeches or writings, letters to newspapers, and
testimony before public agencies;
(ii) government service;
(iii) efforts and achievements in improving the
administration of justice; and
(iv) other conduct relating to the individual's profession.
(D) Legal experience, including the number of years of
practicing law, the kind of practice involved, and reputation
as a trial lawyer or judge.
(E) Probable judicial temperament.
(F) Physical condition, including age, stamina, and possible
habitual intemperance.
(G) Personality traits, including the exercise of sound
judgment, ability to compromise and conciliate, patience,
decisiveness, and dedication.
(H) Membership on boards of directors, financial interests,
and any other consideration that might create conflict of
interest with a judicial office.
(I) Any other pertinent information that the commission feels
is important in selecting the best qualified individuals for
judicial office.
(3) These written evaluations shall not be made on an individual
until the individual states in writing that the individual desires
to hold a judicial office that is or will be created by vacancy.
(4) The political affiliations of any candidate may not be
considered by the commission in evaluating and determining
which eligible candidates shall be recommended to the governor
for a vacancy on the superior court of Lake County.
(5) In determining which eligible candidates are recommended
to the governor, the commission shall consider that racial and
gender diversity enhances the quality of the judiciary. As added by P.L.98-2004, SEC.12.
IC 33-33-45-36 List of nominees; public records; submission to governor
Sec. 36. (a) The commission shall submit with the list of three (3)
nominees to the governor its written evaluation of the qualifications
of each candidate.
(b) The names of the nominees and the written evaluations are
public records that may be inspected and copied under IC 5-14-3.
(c) Every eligible candidate whose name was not submitted to the
governor shall have access to any evaluation on the candidate by the
commission and the right to make such evaluation public.
(d) Records specifically prepared for discussion or developed
during discussion in an executive session under IC 5-14-1.5-6.1 are
excepted from public disclosure, unless the records are prepared for
use in the consideration of a candidate for judicial appointment. As added by P.L.98-2004, SEC.12. IC 33-33-45-37 Withdrawal of name or list of nominations
Sec. 37. (a) After the commission has nominated and submitted
to the governor the names of three (3) persons for appointment to fill
a vacancy of the superior court of Lake County:
(1) any name may be withdrawn for cause considered by the
commission to be of a substantial nature affecting the nominee's
qualifications to hold office; and
(2) another name may be substituted;
before the appointment is made to fill the vacancy.
(b) If a nominee dies or requests in writing that the nominee's
name be withdrawn, the commission shall nominate another person
to replace the nominee.
(c) If two (2) or more vacancies exist, the commission shall
nominate and submit to the governor a list of three (3) different
persons for each of the vacancies. The commission may, before an
appointment is made, withdraw the lists of nominations, change the
names of any persons nominated from one (1) list to another, and
resubmit them as changed, or may substitute a new name for any of
those previously nominated. As added by P.L.98-2004, SEC.12.
IC 33-33-45-38 Selection of judges
Sec. 38. (a) A vacancy occurring on the court shall be filled by
appointment of the governor from a list of three (3) nominees
presented to the governor by the judicial nominating commission. If
the governor fails to make an appointment from the list within sixty
(60) days after the day it is presented to the governor, the
appointment shall be made by the chief justice or the acting chief
justice of the supreme court from the same list, or altered list as
provided for in section 37 of this chapter.
(b) The governor shall make all appointments to the court without
regard to the political affiliation of any of the three (3) nominees
submitted to the governor. In the interest of justice, the governor
shall consider only those qualifications of the nominees included in
section 35 of this chapter. As added by P.L.98-2004, SEC.12.
IC 33-33-45-39 Lake County judge appointed by governor
Sec. 39. A vacancy occurring on the superior court county
division must be filled by appointment of the governor. In the
interests of justice, the governor shall consider only those
qualifications listed in section 35 of this chapter. As added by P.L.98-2004, SEC.12.
IC 33-33-45-40 Effective date of appointment
Sec. 40. An appointment by the governor or chief justice, as
required by section 38 or 39 of this chapter, to the superior court of
Lake County takes effect immediately if a vacancy exists at the date
of the appointment. The appointment takes effect on the date the
vacancy is created if a vacancy does not exist at the date of
appointment. As added by P.L.98-2004, SEC.12.
IC 33-33-45-41 Tenure of judges
Sec. 41. (a) Each judge appointed under section 38 of this chapter
serves an initial term, which begins on the effective date of the
appointment of the judge and continues through December 31 in the
year of the general election that follows the expiration of two (2)
years after the effective date of the judge's appointment.
(b) Unless rejected by the electorate of Lake County under section
42 of this chapter, a judge of the civil division, criminal division, and
juvenile division shall serve successive six (6) year terms.
(c) The term of office of a judge of the county division of the
superior court is six (6) years. A judge appointed under section 39 of
this chapter to fill a vacancy in the county division of the Lake
superior court serves for the unexpired term of the vacating judge
and until the appointed judge's successor is elected and qualified.
(d) Each six (6) year term begins on the first day of January
following the expiration of the preceding initial term or the preceding
six (6) year term, as the case may be, and continues for six (6) years. As added by P.L.98-2004, SEC.12.
IC 33-33-45-42 Submission to electorate; question of retention in office or rejection
of judges
Sec. 42. (a) The question of the retention in office or rejection of
each judge of the following divisions of the superior court of Lake
County shall be submitted to the electorate of Lake County at the
general election immediately preceding expiration of the term of the
judge:
(1) Civil division.
(2) Criminal division.
(3) Juvenile division.
(b) At the general election, the question of the retention in office
or rejection of a judge described in subsection (a) shall be submitted
to the electorate of Lake County in the form prescribed by IC 3-11
and must state "Shall Judge (insert name) of the superior court of
Lake County be retained in office for an additional term?".
(c) If a majority of the ballots cast by the electors voting on any
question is "Yes", the judge whose name appeared on the question
shall be approved for a six (6) year term beginning January 1
following the general election as provided in section 41(b) of this
chapter.
(d) If a majority of the ballots cast by the electors voting on any
question is "No", the judge whose name appeared on the question
shall be rejected. The office of the rejected judge is vacant on
January 1 following the rejection. The vacancy shall be filled by
appointment by the governor under section 38 of this chapter.
(e) The Lake County election board shall submit the question of
the retention in office or rejection of a judge described in subsection
(a) to the electorate of Lake County. The submission of the question
is subject to the provisions of IC 3 that are not inconsistent with this
chapter.
(f) If a judge who is appointed does not desire to serve any further
term, the judge shall notify in writing the clerk of the Lake circuit
court at least sixty (60) days before any general election, in which
case the question of that judge's retention in office or rejection shall
not be submitted to the electorate, and the office becomes vacant at
the expiration of the term. As added by P.L.98-2004, SEC.12. Amended by P.L.58-2005,
SEC.34.
IC 33-33-45-43 County division judge; election
Sec. 43. A judge of the county division of the Lake superior court
shall be elected under IC 3-10-2-11 by the electorate of Lake County. As added by P.L.98-2004, SEC.12.
IC 33-33-45-44 Conditions of office; censure or removal; political party
campaigning for or against removal
Sec. 44. (a) A judge of the superior court may not during a term
of office as judge of the superior court do any of the following:
(1) Engage in the practice of law.
(2) Run for elective office, unless the elective office is that of
judge of the county division of the Lake superior court.
(3) Take part in any political campaign, unless the judge is
running for election as judge of the county division and the
political campaign is conducted for that office.
(b) Failure to comply with this section is sufficient cause for the
commission on judicial qualifications to recommend to the supreme
court that the judge be censured or removed.
(c) A political party may not directly or indirectly campaign for
or against a judge subject to retention or rejection under this chapter. As added by P.L.98-2004, SEC.12.
IC 33-33-45-45
Repealed
(Repealed by P.L.118-2007, SEC.38.)
