IC 33-33-71-1 Application
Sec. 1. IC 33-29-1 does not apply to this chapter. As added by P.L.98-2004, SEC.12.
IC 33-33-71-2 Judicial circuit
Sec. 2. St. Joseph County constitutes the sixtieth judicial circuit. As added by P.L.98-2004, SEC.12.
IC 33-33-71-3 Magistrates
Sec. 3. The judge of the St. Joseph circuit court may appoint two
(2) full-time magistrates under IC 33-23-5 to serve the circuit court.
A magistrate continues in office until removed by the judge. As added by P.L.98-2004, SEC.12.
IC 33-33-71-4
Repealed
(Repealed by P.L.118-2007, SEC.38.)
IC 33-33-71-5 Establishment of superior court; number of judges
Sec. 5. There is established a superior court in St. Joseph County.
The court consists of eight (8) judges. As added by P.L.98-2004, SEC.12.
IC 33-33-71-6 Name
Sec. 6. The superior court shall be known as the St. Joseph
superior court. As added by P.L.98-2004, SEC.12.
IC 33-33-71-7 Seal
Sec. 7. The superior court shall have a seal consisting of a circular
disk containing the words "St. Joseph Superior Court", 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 33-33-71-8 Jurisdiction
Sec. 8. The St. Joseph superior court has the following
jurisdiction:
(1) Original, appellate, concurrent, and coextensive jurisdiction
with the circuit court in all civil cases, criminal cases, and
probate matters.
(2) Concurrent and coextensive jurisdiction with the circuit
court in all cases of appeal from boards of county
commissioners and all other appellate jurisdiction vested in the
circuit court.
(3) Concurrent and coextensive jurisdiction in all matters of
probate and the settlement of decedents' estates, trusts, and
guardianships.
(4) Jurisdiction in all other subject matters actionable in the
circuit court.
(5) Original exclusive jurisdiction of all violations of
ordinances of cities located in the county.
(6) Original exclusive jurisdiction in the trial of offenses
constituting violation of traffic ordinances of the cities and
violations of traffic laws of the state that occur in any city of St.
Joseph County.
(7) Original jurisdiction of violations of traffic laws of the state
that occur outside a city in St. Joseph County. As added by P.L.98-2004, SEC.12.
IC 33-33-71-9 Small claims and misdemeanor division
Sec. 9. The St. Joseph superior court has a standard small claims
and misdemeanor division. As added by P.L.98-2004, SEC.12.
IC 33-33-71-10 Court of record; force and effect of judgments, decrees, and orders
Sec. 10. The St. Joseph superior court is a court of record, and its
judgments, decrees, orders, and proceedings have the same force and
effect and shall be enforced in the same manner as those of the
circuit court. As added by P.L.98-2004, SEC.12.
IC 33-33-71-11 Power and authority of judges
Sec. 11. The judges of the superior court may make and adopt
rules and regulations for conducting the business of the court and
have 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. The judges may administer oaths,
solemnize marriages, take and certify acknowledgment of deeds, 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 33-33-71-12 Powers of judges same as circuit judges
Sec. 12. The judges of the superior court may:
(1) grant restraining orders and injunctions;
(2) issue writs of habeas corpus and of mandate and prohibition;
(3) appoint receivers, masters, and commissioners to convey
real property;
(4) grant commissions for the examination of witnesses; and
(5) appoint other officers necessary to facilitate and transact the
business of the court;
the same as circuit courts or circuit court judges. As added by P.L.98-2004, SEC.12.
IC 33-33-71-13 Sessions of court; facilities; jurisdiction
Sec. 13. (a) The St. Joseph superior court shall hold its sessions
in:
(1) the St. Joseph County courthouse in South Bend; and
(2) at least one (1) appropriate place in Mishawaka.
The superior court in Mishawaka shall be full time and shall exercise
full superior court jurisdiction in that city. The board of county
commissioners of St. Joseph County shall provide and maintain in
the courthouse in South Bend and in an appropriate place in
Mishawaka court facilities that include suitable and convenient
courtrooms, jury rooms, and offices for the judges, secretaries, and
official court reporters, and other necessary facilities, including all
the necessary furniture and equipment for the rooms and offices of
the court for the conduct of all criminal and civil business, including
the necessary facilities for jury trials.
(b) The judges of the court have all jurisdiction and authority
granted them by law regardless of the city in which they are located. As added by P.L.98-2004, SEC.12.
IC 33-33-71-14 Dockets; books, papers, and records
Sec. 14. The clerk, under the direction of the judge, shall provide
order books, judgment dockets, execution dockets, fee books, and
other books, papers, and records as necessary for the court, and all
books, papers, and proceedings of the superior court shall be kept
distinct and separate from those of other courts. As added by P.L.98-2004, SEC.12.
IC 33-33-71-15 Single order book for entire court
Sec. 15. The superior court shall maintain a single order book for
the entire court that may be signed on behalf of the court by any of
the sitting judges of the court, and the signature constitutes
authentication of the actions of each judge in the court. As added by P.L.98-2004, SEC.12.
IC 33-33-71-16 Bailiff
Sec. 16. Each judge of the superior court shall appoint a bailiff for
the court whose salary shall be fixed by the court and paid as
provided by law.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-17 Court reporter
Sec. 17. Each judge of the superior court shall appoint a court
reporter whose duties, salary, and term shall be regulated in the same
manner as the court reporter of circuit court. As added by P.L.98-2004, SEC.12.
IC 33-33-71-18 Laws and rules governing practice and procedure
Sec. 18. All laws and rules adopted by the supreme court
governing the circuit court in matters of pleading, practice, the
issuing and service of process, the giving of notice, the appointment
of judges pro tempore and special judges, changes of venue from the
judge and from the county, adjournments by the court and by the
clerk in the absence of the judge, and the selection of jurors for the
court shall be applicable to and govern the superior court. As added by P.L.98-2004, SEC.12.
IC 33-33-71-19
Repealed
(Repealed by P.L.118-2007, SEC.38.)
IC 33-33-71-20 Appeal from order or judgment of court
Sec. 20. Any party may appeal to the supreme court or the court
of appeals from any order or judgment of the superior court in any
case where, under Indiana law, an appeal may be had from a similar
order or judgment of the circuit court. The appeal is governed by the
law governing appeals from the circuit court to the court of appeals
and the supreme court. As added by P.L.98-2004, SEC.12.
IC 33-33-71-21 Process of court
Sec. 21. The process of the superior court must have the seal
affixed. The process must be attested, directed, served, returned, and
in the form as is provided for process issuing from the circuit court. As added by P.L.98-2004, SEC.12.
IC 33-33-71-22 Appointment of officers and personnel
Sec. 22. Each judge of the superior court may appoint additional
officers and personnel as necessary for the proper administration of
the judge's duties as judge of the court. As added by P.L.98-2004, SEC.12.
IC 33-33-71-23 Chief judge
Sec. 23. (a) The superior court, by rules duly adopted by the court,
shall designate one (1) of the judges as chief judge and fix the time
the chief judge presides.
(b) The chief judge shall be responsible for the operation and
conduct of the court and to seeing that the court operates efficiently
and judicially.
(c) The chief judge shall do the following:
(1) Assign cases to a judge of the court or reassign cases from
one (1) judge of the court to another judge of the court to ensure
the efficient operation and conduct of the court.
(2) Assign and allocate courtrooms, other rooms, and other
facilities to ensure the efficient operation and conduct of the
court.
(3) Annually submit to the fiscal body of St. Joseph County a
budget for the court.
(4) Make appointments or selections on behalf of the court that
are required of a superior court judge under any statute.
(5) Direct the employment and management of court personnel.
(6) Conduct cooperative efforts with other courts for
establishing and administering shared programs and facilities. As added by P.L.98-2004, SEC.12.
IC 33-33-71-24 Judges acting in concert; majority decision
Sec. 24. When any action of the entire superior court is required,
the judges of the court shall act in concert. If there is a disagreement,
the decision of the 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 33-33-71-25 Administrative officer of court
Sec. 25. The superior court shall, when it believes it is necessary,
appoint additional personnel for the proper administration of the
court, including an administrative officer who shall operate under the
jurisdiction of the chief judge. As added by P.L.98-2004, SEC.12.
IC 33-33-71-26 Transfer of causes from circuit court
Sec. 26. The judge of the circuit court may, with the consent of
the chief judge, transfer any action, cause, or proceeding filed and
docketed in the circuit court to the superior court by transferring all
original papers and instruments filed in the action, cause, or
proceeding without further transcript to be redocketed and disposed
of as if originally filed with the superior court. As added by P.L.98-2004, SEC.12.
IC 33-33-71-27 Transfer of causes to circuit court
Sec. 27. The chief judge of the superior court may, with the
consent of the judge of the circuit court, transfer any action, cause,
or proceeding filed and docketed in the superior court to the circuit
court by transferring all original papers and instruments filed in the
action, cause, or proceeding without further transcript to be
redocketed and disposed of as if originally filed with the circuit
court. As added by P.L.98-2004, SEC.12.
IC 33-33-71-28 Circuit court judge sitting as superior court judge
Sec. 28. The judge of the St. Joseph circuit court at the circuit
court judge's discretion, may sit as a judge of the superior court, with
the chief judge's permission, in all matters pending before the
superior court, without limitation and without any further order, in
the same manner as if the judge of the circuit court were a judge of
the superior court with all the rights and powers as if the judge of the
circuit court were an elected judge of the superior court. As added by P.L.98-2004, SEC.12.
IC 33-33-71-29 Judicial nominating commission; establishment
Sec. 29. (a) There is established a judicial nominating commission
for the St. Joseph superior court, the functions, responsibilities, and
procedures of which are set forth in sections 30 through 40 of this
chapter.
(b) The board of county commissioners of St. Joseph County shall
provide all facilities, equipments, supplies, and services necessary
for the administration of the duties imposed upon the commission.
The members of this commission shall serve without compensation.
However, the board of county commissioners of St. Joseph County
shall reimburse members of this commission for their actual
expenses incurred in performing their duties. As added by P.L.98-2004, SEC.12.
IC 33-33-71-30 Judicial nominating commission; membership
Sec. 30. (a) The judicial nominating commission (referred to as
the "commission" in this chapter) consists of seven (7) members, the
majority of whom shall form a quorum. The chief justice shall
appoint a justice of the supreme court or a judge of the court of
appeals to serve as a member and chairman of the commission until
a successor is appointed. Those admitted to the practice of law in
Indiana and residing in St. Joseph County or maintaining their
principal law office in St. Joseph County shall elect, under sections
32 and 33 of this chapter, three (3) of their number to serve as
attorney members of the commission. If any attorney member of the
commission terminates residence in St. Joseph County or
discontinues the maintenance of a principal law office in St. Joseph
County, the member shall be considered to have resigned from the
commission. The three (3) remaining members of the commission
must be persons not admitted to the practice of law (referred to as
"nonattorney members" in this chapter) and residents of St. Joseph
County. However, not more than two (2) of the nonattorney members
may be from the same political party and that the appointment of the
nonattorney members of the commission shall be made under section
31 of this chapter. Not more than four (4) commission members may
be from the same political party.
(b) A member of the commission may not hold any other salaried
public office nor an office in a political party organization. A
member of the commission is not eligible for appointment to a
judicial office in St. Joseph County who has, within four (4) years
immediately preceding an appointment, served on the commission.
If any nonattorney member of the commission terminates residence
in St. Joseph County, the member is considered to have resigned
from the commission. As added by P.L.98-2004, SEC.12.
IC 33-33-71-31 Appointment of nonattorney commissioners
Sec. 31. (a) The appointment to membership on the commission
of the nonattorney members shall be made by a selection committee
consisting of the judge of the St. Joseph circuit court, the president
of the board of St. Joseph County commissioners, and mayors in
each of the two (2) cities having the largest populations in St. Joseph
County. These appointments shall be made by a majority vote of the
selection committee. If a vacancy occurs on the commission among
the nonattorney members, that fact shall be reported to the judge of
the St. Joseph circuit court by the commission. Upon notification, the
judge of the St. Joseph circuit court shall call into session the
selection committee, which shall, by majority vote, select a person
or persons not admitted to the practice of law, who shall serve the
unexpired term of the vacant commission membership position and
that this selection and appointment by the selection committee shall
be made within sixty (60) days after the date the St. Joseph circuit
court is notified of the creation of the vacancy. If the selection
committee fails to act to fill an unexpired term of a nonattorney
member of the commission within sixty (60) days after the
notification that the vacancy exists, the vacancy shall be filled by a
majority vote of the remaining members of the commission.
(b) Not less than sixty (60) days before the expiration of the term
of a nonattorney member of the commission, the judge of the St.
Joseph circuit court shall call into session the selection committee
that shall appoint, by a majority vote, a person to the commission to
serve a new term. If the selection committee fails to act to fill an
expired term of a nonattorney member of the commission by the date
of expiration of the term of a nonattorney member of the
commission, the remaining members on the commission shall, by
majority vote, appoint a person to serve for the succeeding term. All
appointments made to the commission shall be certified within ten
(10) days to the clerk of the St. Joseph superior court.
(c) Each appointee of a nonattorney member to the commission,
except those who fill a vacancy, shall serve for four (4) years. As added by P.L.98-2004, SEC.12.
IC 33-33-71-32 Election of attorney commissioners
Sec. 32. (a) Each year in which an attorney member's term
expires, those admitted to the practice of law in Indiana and residing
in St. Joseph County (referred to as "attorney electors" in this
chapter) shall elect three (3) of their number to serve on the
commission. Each attorney member of the commission shall serve for
four (4) years. The term of each attorney member begins on the first
day of October following the member's election. The election day is
the date on which the ballots are counted. 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 33-33-71-33 Procedure for election of attorney commissioners
Sec. 33. The attorney members of the commission shall be elected
by the following process:
(1) The clerk of the St. Joseph superior court shall at least
ninety (90) days before the date of election notify all attorneys
in St. Joseph County of the upcoming election by mail,
informing them that nominations must be made to the clerk of
the superior court at least sixty (60) days before the election.
The clerk shall secure a list of all attorneys in the county 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 an attorney elector or group
of attorney electors residing in St. Joseph County, by mail or
otherwise, in the office of the clerk of St. Joseph superior court
at least sixty (60) days before the election.
(3) The clerk of St. Joseph superior court shall prepare and print
ballots containing the names and residence addresses of all
attorney nominees whose written nominations, petitions and
written statements of consent have been received sixty (60)
days before the election.
The ballot must read:
"ST. JOSEPH SUPERIOR COURT
NOMINATING COMMISSION BALLOT
To be cast by individuals residing in St. Joseph County and admitted
to the practice of law in Indiana. Vote for one (1) of the following
candidates for the term commencing:
(Insert Date)
( ) (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 St. Joseph superior court not later than
_______ (insert date).
DESTROY BALLOT IF NOT USED".
(4) The nominee receiving the most votes is elected.
(5) 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 that ballot, certifying that the attorney
elector is admitted to the practice of law in Indiana, resides in St.
Joseph County, and voted the ballot returned. A ballot not
accompanied by the signed certificate of the voter may not be
counted.
(6) 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 may not be opened
until the counting of the ballots.
(7) The clerk of St. Joseph superior court shall mail a ballot and
its accompanying material to all qualified attorney electors at
least two (2) weeks before the date of election.
(8) Upon receiving the completed ballots and the accompanying
certificates, the clerk shall insure 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.
(9) The clerk of St. Joseph superior court, with the assistance of
the St. Joseph County election board, shall open and canvass all
ballots at 4 p.m. on the day of election in the office of the clerk
of St. Joseph superior court. Ballots received after 4 p.m. may
not be counted. 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. The clerk may not allow a person to inspect them except
upon an order of the court of appeals.
(10) 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 that
nominee a plurality, the canvassers shall resolve the tie by lot,
and the winner of the lot is considered elected. As added by P.L.98-2004, SEC.12.
IC 33-33-71-34 Notification
Sec. 34. After:
(1) the attorney members of the commission have been elected;
and
(2) the names of the nonattorney commissioners appointed by the
selection committee have been certified to the secretary of state,
clerk of the supreme court, and the clerk of St. Joseph superior
court under this chapter;
the clerk of St. Joseph superior court shall by regular mail notify the
members of the commission of their election or appointment, and
shall notify the chairman of the commission of the same. As added by P.L.98-2004, SEC.12.
IC 33-33-71-35 Succession of membership
Sec. 35. A person who has been elected or appointed to a full four
(4) year term upon the commission may not succeed himself or
herself or be eligible for election or appointment to the commission
for four (4) years after the expiration of the term to which the person
was elected or appointed. As added by P.L.98-2004, SEC.12.
IC 33-33-71-36 Nominations for vacancies in superior court; meetings of
commission
Sec. 36. (a) When a vacancy occurs in the St. Joseph superior
court, the clerk of the court shall promptly notify the chairman of the
commission of the vacancy. The chairman shall call a meeting of the
commission within ten (10) days following this notice. The
commission shall submit its nominations of five (5) 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 serving governor, but the vacancy has not yet
occurred, the clerk shall notify the commission immediately. The
commission may within fifty (50) days of the notice of vacancy make
its nominations and submit to the governor the names of five (5)
persons nominated for the forthcoming vacancy.
(b) Meetings of the commission shall be called by the chairman or,
if the chairman fails to call a necessary meeting, upon the call of any
four (4) members of the commission. The chairman, whenever the
chairman considers a meeting necessary, or upon the request by any
four (4) 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 time and place of every meeting unless the commission
at its previous meeting designated the time and place of its next
meeting.
(c) Meetings of the commission must be held at a place in the St.
Joseph County courthouse in South Bend as the clerk of the St.
Joseph superior court may arrange.
(d) The commission shall act only at a meeting and may act only
by the concurrence of a majority of its members attending a meeting.
Four (4) members are required to constitute a quorum at a meeting.
The commission may adopt reasonable and proper rules and
regulations for the conduct of its proceedings and the discharge of its
duties. As added by P.L.98-2004, SEC.12.
IC 33-33-71-37 Qualifications of nominees; evaluation
Sec. 37. (a) The commission shall submit only the names of the
five (5) most highly qualified candidates from among those eligible
individuals considered. To be eligible for nomination as a judge of
the St. Joseph superior court, a person must be domiciled in the
county of St. Joseph, a citizen of the United States, and admitted to
the practice of law in the courts of Indiana.
(b) In abiding by the mandate in subsection (a), the commission
shall evaluate in writing each eligible individual on the following
factors:
(1) Law school record, including any academic honors and
achievements.
(2) Contribution to scholarly journals and publications,
legislative draftings, and legal briefs.
(3) Activities in public service, including:
(A) writings and speeches concerning public or civic affairs
which are on public record, including but not limited to
campaign speeches or writing, letters to newspapers, and
testimony before public agencies;
(B) efforts and achievements in improving the administration
of justice; and
(C) other conduct relating to the individual's profession.
(4) Legal experience, including the number of years of practicing
law, the kind of practice involved, and reputation as a trial
lawyer or judge.
(5) Probable judicial temperament.
(6) Physical condition, including age, stamina, and possible
habitual intemperance.
(7) Personality traits, including the exercise of sound judgment,
ability to compromise and conciliate patience, decisiveness, and
dedication.
(8) Membership on boards of directors, financial interest, and
any other consideration that might create conflict of interest with
a judicial office.
(9) Any other pertinent information that the commission feels is
important in selecting the best qualified individuals for judicial
office.
(c) Written evaluations may 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.
(d) 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 St. Joseph superior court. As added by P.L.98-2004, SEC.12.
IC 33-33-71-38 List of nominees; submission to governor
Sec. 38. The commission shall submit with the list of five (5)
nominees to the governor its written evaluation of the qualifications
of each candidate, and the names and written evaluations shall be
publicly disclosed. Every eligible candidate whose name was not
submitted to the governor is entitled to access to any evaluation of
the candidate by the commission and the right to make the evaluation
public. Otherwise, the evaluation, including the names of the
candidates applying for the office, shall remain confidential. If the
commission determines that there are less than five (5) persons
qualified under section 40 of this chapter, the commission must
submit a lesser number under section 40 of this chapter. As added by P.L.98-2004, SEC.12. Amended by P.L.2-2005, SEC.98.
IC 33-33-71-39 Withdrawal of list or names of nominees
Sec. 39. (a) After the commission has nominated and submitted to
the governor the names of five (5) persons for appointment to fill a
vacancy of the St. Joseph superior court:
(1) any name may be withdrawn for a 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 at any time 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 there are existing at the same time two (2) or more vacancies
on the court, the commission shall nominate and submit to the
governor a list of five (5) different persons for each of the vacancies.
The commission may before an appointment is made:
(1) withdraw the lists of nominations;
(2) change the names of any persons nominated from one (1) list
to another; and
(3) resubmit the lists as changed or substitute a new name for
any of those previously nominated. As added by P.L.98-2004, SEC.12.
IC 33-33-71-40 Appointment to fill vacancies
Sec. 40. (a) A vacancy occurring in the St. Joseph superior court
shall be filled by appointment of the governor from a list of 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 from 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 presented to the
governor.
(b) The governor shall make all appointments to the St. Joseph
superior court without regard to the political affiliation of any of the
nominees submitted to the governor. In the interest of justice, the
governor shall consider only those qualifications of the nominees
included in section 37 of this chapter.
(c) If the St. Joseph County judicial nominating commission, by a
vote of any five (5) of its members, determines that, of the persons
considered for any existing or expected vacancy in the St. Joseph
superior court, less than five (5) are qualified for judicial office,
within the scope of this chapter, the commission shall certify that
determination to the governor together with the name or names of the
person or persons found to be qualified under this chapter. In that
event, the governor, chief justice, or acting chief justice shall make
the selection or, if only one (1) name is submitted, make the
appointment. As added by P.L.98-2004, SEC.12.
IC 33-33-71-41 Effective date of appointments
Sec. 41. An appointment by the governor, chief justice, or acting
chief justice, as required by section 40 of this chapter, to the St.
Joseph County superior court shall take effect immediately if a
vacancy exists at the date of the appointment. The appointment shall
take effect on the date the vacancy is created if a vacancy does not
exist on the date of the appointment. As added by P.L.98-2004, SEC.12.
IC 33-33-71-42 Tenure of judges
Sec. 42. (a) Each judge appointed serves an initial term that begins
on the effective date of the judge's appointment 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) Thereafter, unless rejected by the electorate of St. Joseph
County under this chapter, each judge of the St. Joseph superior
court serves successive six (6) year terms. Each successive 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 and
continues for six (6) years. As added by P.L.98-2004, SEC.12.
IC 33-33-71-43 Submission of question of retention in office or rejection of judge
to electorate
Sec. 43. (a) The question of the retention in office or rejection of
each judge of the St. Joseph superior court shall be submitted to the
electorate of St. Joseph County at the general election immediately
preceding expiration of the term of that judge.
(b) If a judge subject to this chapter does not desire to serve a
further term, the judge shall notify the judge's intention in writing to
the clerk of the St. Joseph circuit court at least sixty (60) days before
the general election immediately preceding expiration of the judge's
term in which case the question of the judge's retention in office or
rejection may not be submitted to the electorate, and the office is
vacant at the expiration of the term.
(c) The St. Joseph County election board shall submit the question
of the retention in office or rejection of any judge to the electorate of
St. Joseph County. The submission of this question is subject to the
provisions of IC 3 that are not inconsistent with this chapter.
(d) At the general election, the question of the retention in office
or rejection of a judge shall be submitted to the electorate of St.
Joseph County in the form prescribed by IC 3-11 and must state
"Shall Judge (insert name) of the St. Joseph superior court be
retained in office for an additional term?".
(e) If a majority of the ballots cast by the electors voting on the
question is "No", the judge whose name appeared on such question
is rejected. The office of the rejected judge is vacant on January 1
following the rejection. The vacancy shall be filled by appointment
of the governor under section 40 of this chapter. The name of the
rejected judge may not be included among those submitted to the
governor. However, the judge's rejection does not disqualify a
rejected judge from being considered for another judicial office that
becomes vacant. As added by P.L.98-2004, SEC.12. Amended by P.L.58-2005,
SEC.36.
IC 33-33-71-44 Conditions of office
Sec. 44. (a) During a term of office, a judge of the St. Joseph
superior court may not engage in the practice of law, run for an
elective office other than a judicial office, or directly or indirectly
make any contributions to or hold any office in a political party or
organization. A judge may not take part in any political campaign
except as a candidate for retention in judicial office and, in that
event, the judge's campaign participation must be absolutely devoid
of partisan association and be limited to activities designed to
acquaint the electorate with the judge's judicial record.
(b) Failure to comply with this section is sufficient cause for the
commission on judicial qualifications established by section 45 of
this chapter to recommend to the supreme court that the judge be
censured or removed from office. As added by P.L.98-2004, SEC.12.
IC 33-33-71-45 Judicial qualifications commission; membership; employment of
special counsel
Sec. 45. There is established a commission on judicial
qualifications for the St. Joseph superior court, whose membership
is the same as that of the judicial nominating commission under
section 29 of this chapter. The commission on judicial qualifications
may employ special counsel in any proceedings it undertakes under
the responsibilities imposed upon it by this chapter. As added by P.L.98-2004, SEC.12.
IC 33-33-71-46 Recommendation for suspension or removal of judge
Sec. 46. (a) On recommendation of the commission on judicial
qualifications, the supreme court may suspend a judge of the St.
Joseph superior court from office without salary when in any court
in the United States the judge enters a plea of guilty or nolo
contendere to, or is found guilty of, any crime punishable as a felony
under the laws of Indiana or of the United States, or of any other
crime that involves moral turpitude under that law. If the judge's
conviction is reversed, suspension terminates, and the judge shall be
paid the judge's salary for the period of suspension. If the judge is
suspended and the judge's conviction is affirmed or otherwise
becomes final, the supreme court shall remove the judge from office.
(b) On recommendation of the commission on judicial
qualifications, the supreme court may:
(1) retire a judge of the St. Joseph superior court for disability
that seriously interferes with the performance of the judge's
duties and is likely to become permanent; and
(2) censure or remove a judge of the St. Joseph superior court for
conduct occurring not more than six (6) years before the
commencement of the judge's current term, when the conduct
constitutes willful misconduct in office, willful and persistent
failure to perform the judge's duties, habitual intemperance, or
conduct prejudicial to the administration of justice or that brings
or tends to bring judicial office into disrepute.
(c) When the supreme court receives any recommendation from the
commission on judicial qualifications, it shall hold a hearing, at
which the affected judge is entitled to attend, and shall make a
determination as is required. The supreme court shall make rules
regarding the convening and conduct of hearings, which shall, upon
request of the judge whom it concerns, be public. As added by P.L.98-2004, SEC.12.
IC 33-33-71-47 Meetings of commission
Sec. 47. (a) The commission on judicial qualifications shall meet
periodically as necessary to discharge its statutory responsibilities.
Meetings of the commission on judicial qualifications shall be called
in the same manner as prescribed for the judicial nominating
commission. A quorum for the transaction of business is four (4)
members.
(b) The clerk of the St. Joseph circuit court shall make
arrangements for a meeting place in St. Joseph County as the
commission may request.
(c) The commission on judicial qualifications may act only at a
meeting. The commission on judicial qualifications may adopt
reasonable and proper rules and regulations for the conduct of its
meetings and discharge of its duties. As added by P.L.98-2004, SEC.12.
IC 33-33-71-48 Confidentiality of proceedings
Sec. 48. (a) All papers filed with and proceedings had before the
commission on judicial qualifications before the institution of formal
proceedings are confidential unless the judge against whom a
complaint has been filed elects to have the information divulged or
unless the commission elects to answer publicly disseminated
statements issued by any complainant.
(b) All papers filed with the commission on judicial qualifications
at the time of or after the institution of formal proceedings are open
for public inspection at all reasonable times. Records of proceedings
are open for public inspection at all reasonable times. All hearings
and proceedings before the commission on judicial qualifications are
open to the public. As added by P.L.98-2004, SEC.12.
IC 33-33-71-49 Defamatory material
Sec. 49. The filing of papers with or the giving of testimony before
the commission on judicial qualifications under this chapter are
absolutely privileged in any action for defamation. As added by P.L.98-2004, SEC.12.
IC 33-33-71-50 Complaints
Sec. 50. Complaints directed to the commission on judicial
qualifications do not have to be in writing. A specified form of
complaint may be required if presented in writing. As added by P.L.98-2004, SEC.12.
IC 33-33-71-51 Complaint by citizen; investigation
Sec. 51. (a) Any citizen of Indiana may complain to the
commission on judicial qualifications with reference to the activities,
fitness, or qualifications of any judge of the St. Joseph superior
court. Upon receiving a complaint or request, the commission on
judicial qualifications shall make an initial inquiry to determine if a
complaint is founded and not frivolous. The commission on judicial
qualifications, without receiving a complaint, may make an initial
inquiry on its own motion.
(b) If the commission on judicial qualifications considers it
necessary as a result of its initial inquiry to conduct further
investigation, the judge involved may then be notified of the
investigation, the nature of the charge, the complaint that must be in
writing, the name of the person making the complaint, if any, or that
the investigation is on the commission's own motion and the judge
shall be afforded reasonable opportunity in the course of the
investigation to present matters as the judge may choose. When this
notice is given, it must be by prepaid registered or certified mail
addressed to the judge at the judge's chambers and at the judge's last
known address. If the investigation does not disclose sufficient cause
to warrant further proceedings, the judge may be so notified. The
commission on judicial qualifications may make investigations by
members of the commission or by special investigators employed by
the commission, hold confidential hearings with the person filing the
complaint or with the person's agents or attorneys, and hold
confidential hearings with the judge involved in the complaint.
(c) If the commission on judicial qualification's initial inquiry or
investigation does not disclose sufficient cause to warrant further
proceedings and if the complainant subsequently issues any
statement or statements of any kind for public dissemination relating
to the activities or actions of the commission, the commission may
answer that statement by reference to as much of the record of its
proceedings or results of its investigation as it considers necessary. As added by P.L.98-2004, SEC.12.
IC 33-33-71-52 Notification of formal proceedings
Sec. 52. (a) After the investigation is completed and if the
commission on judicial qualifications concludes that formal
proceedings should be instituted, the commission shall give written
notice to the judge advising the judge of the institution of formal
proceedings to inquire into the charges against the judge. These
proceedings shall be entitled:
"BEFORE THE ST. JOSEPH COUNTY JUDICIAL
QUALIFICATIONS COMMISSION
Inquiry Concerning a Judge, No. _______ .".
(b) The notice must be issued in the name of the commission on
judicial qualifications, specify in ordinary and concise language the
charges against the judge and the alleged facts upon which the
charges are based, and advise the judge of the judge's right to file a
written answer to the charges against the judge within twenty (20)
days after service of the notice upon the judge. A charge is not
sufficient if it merely recites the general language of the original
complaint. The charge must specify the facts relied upon to support
a particular charge. A copy of the notice shall be filed in the office
of the commission on judicial qualifications.
(c) The notice shall be made upon the judge by registered or
certified mail addressed to the judge at the judge's chambers and the
judge's last known address. As added by P.L.98-2004, SEC.12. IC 33-33-71-53 Answer
Sec. 53. Within twenty (20) days after service of the notice of
formal proceedings, the judge may file with the commission on
judicial qualifications a signed original and one (1) copy of an
answer, and shall serve a copy on the counsel by mail. As added by P.L.98-2004, SEC.12.
IC 33-33-71-54 Time and place for hearing
Sec. 54. Upon filing an answer or upon the expiration of the time
for its filing, the commission on judicial qualifications shall order a
hearing to be held before it concerning the discipline, retirement, or
removal of the judge. The commission on judicial qualifications shall
set an approximate date, time, and place for a hearing and shall give
notice of the hearing by registered or certified mail to the judge and
to the counsel at least twenty (20) days before the date set. As added by P.L.98-2004, SEC.12.
IC 33-33-71-55 Hearing
Sec. 55. (a) At the date, time, and place set for hearing, the
commission on judicial qualifications may proceed with the hearing
whether or not the judge has filed an answer or appears at the
hearing.
(b) The failure of the judge to answer or to appear at the hearing,
standing alone, may not be taken as evidence of the truth of the facts
alleged to constitute grounds for censure, retirement, or removal. In
any proceeding for involuntary retirement for disability, the failure
of the judge to testify in the judge's own behalf or to submit to a
medical examination requested by the commission on judicial
qualifications may be considered, unless the failure to appear was
due to circumstances beyond the judge's control.
(c) The proceedings at the hearing shall be reported verbatim.
(d) At least four (4) members of the commission on judicial
qualifications must be present when the evidence is produced. As added by P.L.98-2004, SEC.12.
IC 33-33-71-56 Evidence
Sec. 56. At a hearing before the commission on judicial
qualifications the evidentiary rules of the courts of Indiana apply. As added by P.L.98-2004, SEC.12.
IC 33-33-71-57 Rights of judge in formal proceedings
Sec. 57. (a) In formal proceedings involving the judge's discipline,
retirement, or removal, a judge has the right and reasonable
opportunity to defend against the charges by the introduction of
evidence, to be represented by counsel, and to examine and
cross-examine witnesses. The judge has the right to the issuance of
subpoenas for attendance of witnesses to testify or produce books,
papers, and other evidentiary matter.
(b) When a transcript of the testimony has been prepared at the
expense of the commission on judicial qualifications, a copy shall be
furnished without cost to the judge. The judge has the right, without
any order or approval, to have all or any part of the testimony in the
proceedings transcribed at the judge's expense.
(c) Except as otherwise provided in this chapter, whenever
provision is made for giving notice or sending any matter to the
judge, that notice or matter must be mailed by registered or certified
mail to the judge at the judge's office and residence unless the judge
requests otherwise in writing, and a copy is mailed to the judge's
attorney of record.
(d) If the judge has been adjudged incapacitated under IC 29-3, the
guardian may claim and exercise any right and privilege and make
any defense for the judge with the same force and effect as if
claimed, exercised, or made by the judge, if competent, and
whenever these rules provide for serving or giving notice or sending
any matter to the judge, a copy of the notice or matter also shall be
served, given, or sent to the guardian. As added by P.L.98-2004, SEC.12.
IC 33-33-71-58 Amendments to notice or answer
Sec. 58. At any time before determination of the issues, the
commission on judicial qualifications may allow or require
amendments to the notice of formal proceedings and may allow
amendments to the answer. The notice may be amended to conform
to proof or to set forth additional facts, whether occurring before or
after the commencement of the hearing. If an amendment is made,
the judge shall be given reasonable time both to answer the
amendment and to prepare and present the judge's defense against the
matters charged thereby. As added by P.L.98-2004, SEC.12.
IC 33-33-71-59 Hearing additional evidence
Sec. 59. The commission on judicial qualifications may order a
hearing for the taking of additional evidence at any time while the
matter is pending before it. The order must set the date, time, and
place of the hearing in St. Joseph County and must indicate the
matters on which the evidence is to be taken. A copy of the order
shall be sent by registered or certified mail to the judge and to the
counsel at least ten (10) days before the date of the hearing. As added by P.L.98-2004, SEC.12.
IC 33-33-71-60 Recommendation of commission; vote
Sec. 60. If the commission on judicial qualifications finds good
cause, it shall recommend to the supreme court the censure,
retirement, or removal of the judge. The affirmative vote of four (4)
members of the commission on judicial qualifications, including a
majority of those who were present at the hearing or hearings when
the evidence was produced, is required for a recommendation of
discipline, retirement, or removal of a judge. As added by P.L.98-2004, SEC.12.
IC 33-33-71-61 Certified recommendation to supreme court
Sec. 61. Upon making a determination recommending the censure,
retirement, or removal of a judge, the commission on judicial
qualifications shall promptly file a copy of the recommendation
certified by the chairman or secretary of the commission, together
with the transcript and findings and conclusions, with the clerk of the
supreme court and shall promptly mail to the judge and to the
counsel notice of the filing, together with a copy of the
recommendation, finding, and conclusions. As added by P.L.98-2004, SEC.12.
IC 33-33-71-62 Petition to modify or reject commission recommendation
Sec. 62. (a) A petition to the supreme court to modify or reject the
recommendation of the commission on judicial qualifications for
censure, retirement, or removal of a judge may be filed by the judge
within thirty (30) days after the filing with the clerk of the supreme
court of the certified copy of the commission's recommendation. The
petition must:
(1) be verified;
(2) be based on the record;
(3) specify the grounds relied on; and
(4) be accompanied by petitioner's brief together with proof of
service on the commission of two (2) copies, and on the counsel
of one (1) copy, of the petition and the brief.
Within twenty (20) days after service of petitioner's brief the
commission on judicial qualifications shall file a respondent's brief
and serve a copy of the respondent's brief on the judge. Within
twenty (20) days after service of the respondent's brief, the petitioner
may file a reply brief, two (2) copies of which shall be served on the
commission on judicial qualifications and one (1) copy shall be
served on the counsel.
(b) Failure to file a petition within the time provided is considered
a consent to the determination on the merits based upon the record
filed by the commission on judicial qualifications.
(c) To the extent necessary to implement this section and if not
inconsistent with this section, the Indiana Rules of Appellate
Procedure are applicable to reviews by the supreme court of
commission on judicial qualifications proceedings. As added by P.L.98-2004, SEC.12. IC 33-33-71-63 Powers of commission in investigations and hearings
Sec. 63. The commission on judicial qualifications has jurisdiction
and powers necessary to conduct the proper and speedy disposition
of any investigation or hearing, including the power to compel the
attendance of witnesses, to take or cause to be taken the deposition
of witnesses, and to order the production of books, records, or other
documentary evidence. Any member of the commission on judicial
qualifications may administer oaths and affirmations to witnesses in
any matter within the jurisdiction of the commission. As added by P.L.98-2004, SEC.12.
IC 33-33-71-64 Subpoenas
Sec. 64. Subpoenas for the attendance of witnesses and the
production of documentary evidence between the commission on
judicial qualifications or for discovery shall be issued by the
chairman of the commission and shall be served in the manner
provided by law for the service of process. As added by P.L.98-2004, SEC.12.
IC 33-33-71-65 Enforcement of subpoena
Sec. 65. If in any proceeding before the commission on judicial
qualifications, any witness fails or refuses to attend upon subpoena
issued by the commission or any of the commission's representatives,
or appearing, refuses to testify or refuses to produce any books and
papers the production of which is called for by the subpoena, the
attendance of any witness and the giving of the witness's testimony
and the production of the books and papers required shall be
enforced by the St. Joseph circuit court. As added by P.L.98-2004, SEC.12.
IC 33-33-71-66 Papers and pleadings filed with commission
Sec. 66. All papers and pleadings filed with the chairman of the
commission on judicial qualifications at the chairman's office shall
be considered filed with the commission. As added by P.L.98-2004, SEC.12.
IC 33-33-71-67 Discovery
Sec. 67. (a) In all formal proceedings, discovery shall be available
to the commission on judicial qualifications and to the judge in
accordance with the Indiana Rules of Civil Procedure. Any motions
requesting court orders for discovery shall be made to the St. Joseph
circuit court.
(b) In all formal proceedings before the commission on judicial
qualifications, the counsel shall furnish to the judge not less than
twenty (20) days before any hearing the following:
(1) The names and addresses of all witnesses whose testimony
the counsel expects to offer at the hearing together with copies
of all written statements and transcripts of testimony of the
witnesses in the possession of the counsel or the commission that
are relevant to the subject matter of the hearing and that have not
previously been furnished the judge.
(2) Copies of all documentary evidence that the counsel expects
to offer in evidence at the hearing. The testimony of any witness,
except if offered in rebuttal or for impeachment, whose name
and address have not been furnished to the judge, and
documentary evidence, copies of which have not been furnished
to the judge, as provided in this subsection, are not admissible in
evidence at the hearing over the objection of the judge. After
formal proceedings have been instituted, the judge may request
in writing that the counsel furnish to the judge the names and
addresses of all witnesses then or thereafter known to the
counsel who have information that may be relevant to any charge
against the judge and to any defense of the judge with respect to
the charge. The counsel shall also furnish copies of such written
statements, transcripts of testimony, and documentary evidence
as are then or thereafter known to the counsel and are then or
thereafter in the possession of the counsel or the commission that
are relevant to any charges or defense and that have not
previously been furnished the judge. The counsel shall comply
with a request within ten (10) days after receipt of the request
and thereafter within ten (10) days after any information or
evidence becomes known to the counsel.
(c) During the course of an investigation by the commission on
judicial qualifications, the judge whose conduct is being investigated
may demand in writing that the commission either institute formal
proceedings against the judge or enter a formal finding that there is
not probable cause to believe that the judge is guilty of any
misconduct. The commission on judicial qualifications shall within
sixty (60) days after the judge's demand comply with the demand. A
copy of the demand must be filed with the supreme court and is a
matter of public record. If, after a demand, the commission on
judicial qualifications finds that there is not probable cause, that
finding must be filed with the supreme court and is a matter of public
record. As added by P.L.98-2004, SEC.12.
IC 33-33-71-68 Retirement; removal
Sec. 68. (a) Whenever a judge of a St. Joseph County court is
retired by the supreme court under this chapter and on the grounds
set forth in sections 44 and 46 of this chapter, the judge is considered
to have retired voluntarily. In these situations, this chapter may not
be construed to authorize any encroachment upon or impairment of
any rights of the judge or the judge's surviving spouse under any
constitutional or statutory retirement program.
(b) A judge of a St. Joseph County court who is removed from
office by the supreme court on those grounds set forth in sections 44
and 46 of this chapter, is ineligible for judicial office and, pending
further order of the supreme court, shall be suspended from the
practice of law in Indiana. As added by P.L.98-2004, SEC.12.
IC 33-33-71-69 Magistrates
Sec. 69. (a) The court may appoint two (2) full-time magistrates
under IC 33-23-5 to serve the court using the selection method
provided by IC 36-1-8-10(b)(1) or IC 36-1-8-10(b)(2). Not more than
one (1) of the magistrates appointed under this section may be a
member of the same political party.
(b) A magistrate continues in office until removed by the judges of
the court.
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IC 33-33-71-1 Application
Sec. 1. IC 33-29-1 does not apply to this chapter. As added by P.L.98-2004, SEC.12.
IC 33-33-71-2 Judicial circuit
Sec. 2. St. Joseph County constitutes the sixtieth judicial circuit. As added by P.L.98-2004, SEC.12.
IC 33-33-71-3 Magistrates
Sec. 3. The judge of the St. Joseph circuit court may appoint two
(2) full-time magistrates under IC 33-23-5 to serve the circuit court.
A magistrate continues in office until removed by the judge. As added by P.L.98-2004, SEC.12.
IC 33-33-71-4
Repealed
(Repealed by P.L.118-2007, SEC.38.)
IC 33-33-71-5 Establishment of superior court; number of judges
Sec. 5. There is established a superior court in St. Joseph County.
The court consists of eight (8) judges. As added by P.L.98-2004, SEC.12.
IC 33-33-71-6 Name
Sec. 6. The superior court shall be known as the St. Joseph
superior court. As added by P.L.98-2004, SEC.12.
IC 33-33-71-7 Seal
Sec. 7. The superior court shall have a seal consisting of a circular
disk containing the words "St. Joseph Superior Court", 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 33-33-71-8 Jurisdiction
Sec. 8. The St. Joseph superior court has the following
jurisdiction:
(1) Original, appellate, concurrent, and coextensive jurisdiction
with the circuit court in all civil cases, criminal cases, and
probate matters.
(2) Concurrent and coextensive jurisdiction with the circuit
court in all cases of appeal from boards of county
commissioners and all other appellate jurisdiction vested in the
circuit court.
(3) Concurrent and coextensive jurisdiction in all matters of
probate and the settlement of decedents' estates, trusts, and
guardianships.
(4) Jurisdiction in all other subject matters actionable in the
circuit court.
(5) Original exclusive jurisdiction of all violations of
ordinances of cities located in the county.
(6) Original exclusive jurisdiction in the trial of offenses
constituting violation of traffic ordinances of the cities and
violations of traffic laws of the state that occur in any city of St.
Joseph County.
(7) Original jurisdiction of violations of traffic laws of the state
that occur outside a city in St. Joseph County. As added by P.L.98-2004, SEC.12.
IC 33-33-71-9 Small claims and misdemeanor division
Sec. 9. The St. Joseph superior court has a standard small claims
and misdemeanor division. As added by P.L.98-2004, SEC.12.
IC 33-33-71-10 Court of record; force and effect of judgments, decrees, and orders
Sec. 10. The St. Joseph superior court is a court of record, and its
judgments, decrees, orders, and proceedings have the same force and
effect and shall be enforced in the same manner as those of the
circuit court. As added by P.L.98-2004, SEC.12.
IC 33-33-71-11 Power and authority of judges
Sec. 11. The judges of the superior court may make and adopt
rules and regulations for conducting the business of the court and
have 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. The judges may administer oaths,
solemnize marriages, take and certify acknowledgment of deeds, 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 33-33-71-12 Powers of judges same as circuit judges
Sec. 12. The judges of the superior court may:
(1) grant restraining orders and injunctions;
(2) issue writs of habeas corpus and of mandate and prohibition;
(3) appoint receivers, masters, and commissioners to convey
real property;
(4) grant commissions for the examination of witnesses; and
(5) appoint other officers necessary to facilitate and transact the
business of the court;
the same as circuit courts or circuit court judges. As added by P.L.98-2004, SEC.12.
IC 33-33-71-13 Sessions of court; facilities; jurisdiction
Sec. 13. (a) The St. Joseph superior court shall hold its sessions
in:
(1) the St. Joseph County courthouse in South Bend; and
(2) at least one (1) appropriate place in Mishawaka.
The superior court in Mishawaka shall be full time and shall exercise
full superior court jurisdiction in that city. The board of county
commissioners of St. Joseph County shall provide and maintain in
the courthouse in South Bend and in an appropriate place in
Mishawaka court facilities that include suitable and convenient
courtrooms, jury rooms, and offices for the judges, secretaries, and
official court reporters, and other necessary facilities, including all
the necessary furniture and equipment for the rooms and offices of
the court for the conduct of all criminal and civil business, including
the necessary facilities for jury trials.
(b) The judges of the court have all jurisdiction and authority
granted them by law regardless of the city in which they are located. As added by P.L.98-2004, SEC.12.
IC 33-33-71-14 Dockets; books, papers, and records
Sec. 14. The clerk, under the direction of the judge, shall provide
order books, judgment dockets, execution dockets, fee books, and
other books, papers, and records as necessary for the court, and all
books, papers, and proceedings of the superior court shall be kept
distinct and separate from those of other courts. As added by P.L.98-2004, SEC.12.
IC 33-33-71-15 Single order book for entire court
Sec. 15. The superior court shall maintain a single order book for
the entire court that may be signed on behalf of the court by any of
the sitting judges of the court, and the signature constitutes
authentication of the actions of each judge in the court. As added by P.L.98-2004, SEC.12.
IC 33-33-71-16 Bailiff
Sec. 16. Each judge of the superior court shall appoint a bailiff for
the court whose salary shall be fixed by the court and paid as
provided by law.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-17 Court reporter
Sec. 17. Each judge of the superior court shall appoint a court
reporter whose duties, salary, and term shall be regulated in the same
manner as the court reporter of circuit court. As added by P.L.98-2004, SEC.12.
IC 33-33-71-18 Laws and rules governing practice and procedure
Sec. 18. All laws and rules adopted by the supreme court
governing the circuit court in matters of pleading, practice, the
issuing and service of process, the giving of notice, the appointment
of judges pro tempore and special judges, changes of venue from the
judge and from the county, adjournments by the court and by the
clerk in the absence of the judge, and the selection of jurors for the
court shall be applicable to and govern the superior court. As added by P.L.98-2004, SEC.12.
IC 33-33-71-19
Repealed
(Repealed by P.L.118-2007, SEC.38.)
IC 33-33-71-20 Appeal from order or judgment of court
Sec. 20. Any party may appeal to the supreme court or the court
of appeals from any order or judgment of the superior court in any
case where, under Indiana law, an appeal may be had from a similar
order or judgment of the circuit court. The appeal is governed by the
law governing appeals from the circuit court to the court of appeals
and the supreme court. As added by P.L.98-2004, SEC.12.
IC 33-33-71-21 Process of court
Sec. 21. The process of the superior court must have the seal
affixed. The process must be attested, directed, served, returned, and
in the form as is provided for process issuing from the circuit court. As added by P.L.98-2004, SEC.12.
IC 33-33-71-22 Appointment of officers and personnel
Sec. 22. Each judge of the superior court may appoint additional
officers and personnel as necessary for the proper administration of
the judge's duties as judge of the court. As added by P.L.98-2004, SEC.12.
IC 33-33-71-23 Chief judge
Sec. 23. (a) The superior court, by rules duly adopted by the court,
shall designate one (1) of the judges as chief judge and fix the time
the chief judge presides.
(b) The chief judge shall be responsible for the operation and
conduct of the court and to seeing that the court operates efficiently
and judicially.
(c) The chief judge shall do the following:
(1) Assign cases to a judge of the court or reassign cases from
one (1) judge of the court to another judge of the court to ensure
the efficient operation and conduct of the court.
(2) Assign and allocate courtrooms, other rooms, and other
facilities to ensure the efficient operation and conduct of the
court.
(3) Annually submit to the fiscal body of St. Joseph County a
budget for the court.
(4) Make appointments or selections on behalf of the court that
are required of a superior court judge under any statute.
(5) Direct the employment and management of court personnel.
(6) Conduct cooperative efforts with other courts for
establishing and administering shared programs and facilities. As added by P.L.98-2004, SEC.12.
IC 33-33-71-24 Judges acting in concert; majority decision
Sec. 24. When any action of the entire superior court is required,
the judges of the court shall act in concert. If there is a disagreement,
the decision of the 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 33-33-71-25 Administrative officer of court
Sec. 25. The superior court shall, when it believes it is necessary,
appoint additional personnel for the proper administration of the
court, including an administrative officer who shall operate under the
jurisdiction of the chief judge. As added by P.L.98-2004, SEC.12.
IC 33-33-71-26 Transfer of causes from circuit court
Sec. 26. The judge of the circuit court may, with the consent of
the chief judge, transfer any action, cause, or proceeding filed and
docketed in the circuit court to the superior court by transferring all
original papers and instruments filed in the action, cause, or
proceeding without further transcript to be redocketed and disposed
of as if originally filed with the superior court. As added by P.L.98-2004, SEC.12.
IC 33-33-71-27 Transfer of causes to circuit court
Sec. 27. The chief judge of the superior court may, with the
consent of the judge of the circuit court, transfer any action, cause,
or proceeding filed and docketed in the superior court to the circuit
court by transferring all original papers and instruments filed in the
action, cause, or proceeding without further transcript to be
redocketed and disposed of as if originally filed with the circuit
court. As added by P.L.98-2004, SEC.12.
IC 33-33-71-28 Circuit court judge sitting as superior court judge
Sec. 28. The judge of the St. Joseph circuit court at the circuit
court judge's discretion, may sit as a judge of the superior court, with
the chief judge's permission, in all matters pending before the
superior court, without limitation and without any further order, in
the same manner as if the judge of the circuit court were a judge of
the superior court with all the rights and powers as if the judge of the
circuit court were an elected judge of the superior court. As added by P.L.98-2004, SEC.12.
IC 33-33-71-29 Judicial nominating commission; establishment
Sec. 29. (a) There is established a judicial nominating commission
for the St. Joseph superior court, the functions, responsibilities, and
procedures of which are set forth in sections 30 through 40 of this
chapter.
(b) The board of county commissioners of St. Joseph County shall
provide all facilities, equipments, supplies, and services necessary
for the administration of the duties imposed upon the commission.
The members of this commission shall serve without compensation.
However, the board of county commissioners of St. Joseph County
shall reimburse members of this commission for their actual
expenses incurred in performing their duties. As added by P.L.98-2004, SEC.12.
IC 33-33-71-30 Judicial nominating commission; membership
Sec. 30. (a) The judicial nominating commission (referred to as
the "commission" in this chapter) consists of seven (7) members, the
majority of whom shall form a quorum. The chief justice shall
appoint a justice of the supreme court or a judge of the court of
appeals to serve as a member and chairman of the commission until
a successor is appointed. Those admitted to the practice of law in
Indiana and residing in St. Joseph County or maintaining their
principal law office in St. Joseph County shall elect, under sections
32 and 33 of this chapter, three (3) of their number to serve as
attorney members of the commission. If any attorney member of the
commission terminates residence in St. Joseph County or
discontinues the maintenance of a principal law office in St. Joseph
County, the member shall be considered to have resigned from the
commission. The three (3) remaining members of the commission
must be persons not admitted to the practice of law (referred to as
"nonattorney members" in this chapter) and residents of St. Joseph
County. However, not more than two (2) of the nonattorney members
may be from the same political party and that the appointment of the
nonattorney members of the commission shall be made under section
31 of this chapter. Not more than four (4) commission members may
be from the same political party.
(b) A member of the commission may not hold any other salaried
public office nor an office in a political party organization. A
member of the commission is not eligible for appointment to a
judicial office in St. Joseph County who has, within four (4) years
immediately preceding an appointment, served on the commission.
If any nonattorney member of the commission terminates residence
in St. Joseph County, the member is considered to have resigned
from the commission. As added by P.L.98-2004, SEC.12.
IC 33-33-71-31 Appointment of nonattorney commissioners
Sec. 31. (a) The appointment to membership on the commission
of the nonattorney members shall be made by a selection committee
consisting of the judge of the St. Joseph circuit court, the president
of the board of St. Joseph County commissioners, and mayors in
each of the two (2) cities having the largest populations in St. Joseph
County. These appointments shall be made by a majority vote of the
selection committee. If a vacancy occurs on the commission among
the nonattorney members, that fact shall be reported to the judge of
the St. Joseph circuit court by the commission. Upon notification, the
judge of the St. Joseph circuit court shall call into session the
selection committee, which shall, by majority vote, select a person
or persons not admitted to the practice of law, who shall serve the
unexpired term of the vacant commission membership position and
that this selection and appointment by the selection committee shall
be made within sixty (60) days after the date the St. Joseph circuit
court is notified of the creation of the vacancy. If the selection
committee fails to act to fill an unexpired term of a nonattorney
member of the commission within sixty (60) days after the
notification that the vacancy exists, the vacancy shall be filled by a
majority vote of the remaining members of the commission.
(b) Not less than sixty (60) days before the expiration of the term
of a nonattorney member of the commission, the judge of the St.
Joseph circuit court shall call into session the selection committee
that shall appoint, by a majority vote, a person to the commission to
serve a new term. If the selection committee fails to act to fill an
expired term of a nonattorney member of the commission by the date
of expiration of the term of a nonattorney member of the
commission, the remaining members on the commission shall, by
majority vote, appoint a person to serve for the succeeding term. All
appointments made to the commission shall be certified within ten
(10) days to the clerk of the St. Joseph superior court.
(c) Each appointee of a nonattorney member to the commission,
except those who fill a vacancy, shall serve for four (4) years. As added by P.L.98-2004, SEC.12.
IC 33-33-71-32 Election of attorney commissioners
Sec. 32. (a) Each year in which an attorney member's term
expires, those admitted to the practice of law in Indiana and residing
in St. Joseph County (referred to as "attorney electors" in this
chapter) shall elect three (3) of their number to serve on the
commission. Each attorney member of the commission shall serve for
four (4) years. The term of each attorney member begins on the first
day of October following the member's election. The election day is
the date on which the ballots are counted. 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 33-33-71-33 Procedure for election of attorney commissioners
Sec. 33. The attorney members of the commission shall be elected
by the following process:
(1) The clerk of the St. Joseph superior court shall at least
ninety (90) days before the date of election notify all attorneys
in St. Joseph County of the upcoming election by mail,
informing them that nominations must be made to the clerk of
the superior court at least sixty (60) days before the election.
The clerk shall secure a list of all attorneys in the county 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 an attorney elector or group
of attorney electors residing in St. Joseph County, by mail or
otherwise, in the office of the clerk of St. Joseph superior court
at least sixty (60) days before the election.
(3) The clerk of St. Joseph superior court shall prepare and print
ballots containing the names and residence addresses of all
attorney nominees whose written nominations, petitions and
written statements of consent have been received sixty (60)
days before the election.
The ballot must read:
"ST. JOSEPH SUPERIOR COURT
NOMINATING COMMISSION BALLOT
To be cast by individuals residing in St. Joseph County and admitted
to the practice of law in Indiana. Vote for one (1) of the following
candidates for the term commencing:
(Insert Date)
( ) (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 St. Joseph superior court not later than
_______ (insert date).
DESTROY BALLOT IF NOT USED".
(4) The nominee receiving the most votes is elected.
(5) 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 that ballot, certifying that the attorney
elector is admitted to the practice of law in Indiana, resides in St.
Joseph County, and voted the ballot returned. A ballot not
accompanied by the signed certificate of the voter may not be
counted.
(6) 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 may not be opened
until the counting of the ballots.
(7) The clerk of St. Joseph superior court shall mail a ballot and
its accompanying material to all qualified attorney electors at
least two (2) weeks before the date of election.
(8) Upon receiving the completed ballots and the accompanying
certificates, the clerk shall insure 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.
(9) The clerk of St. Joseph superior court, with the assistance of
the St. Joseph County election board, shall open and canvass all
ballots at 4 p.m. on the day of election in the office of the clerk
of St. Joseph superior court. Ballots received after 4 p.m. may
not be counted. 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. The clerk may not allow a person to inspect them except
upon an order of the court of appeals.
(10) 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 that
nominee a plurality, the canvassers shall resolve the tie by lot,
and the winner of the lot is considered elected. As added by P.L.98-2004, SEC.12.
IC 33-33-71-34 Notification
Sec. 34. After:
(1) the attorney members of the commission have been elected;
and
(2) the names of the nonattorney commissioners appointed by the
selection committee have been certified to the secretary of state,
clerk of the supreme court, and the clerk of St. Joseph superior
court under this chapter;
the clerk of St. Joseph superior court shall by regular mail notify the
members of the commission of their election or appointment, and
shall notify the chairman of the commission of the same. As added by P.L.98-2004, SEC.12.
IC 33-33-71-35 Succession of membership
Sec. 35. A person who has been elected or appointed to a full four
(4) year term upon the commission may not succeed himself or
herself or be eligible for election or appointment to the commission
for four (4) years after the expiration of the term to which the person
was elected or appointed. As added by P.L.98-2004, SEC.12.
IC 33-33-71-36 Nominations for vacancies in superior court; meetings of
commission
Sec. 36. (a) When a vacancy occurs in the St. Joseph superior
court, the clerk of the court shall promptly notify the chairman of the
commission of the vacancy. The chairman shall call a meeting of the
commission within ten (10) days following this notice. The
commission shall submit its nominations of five (5) 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 serving governor, but the vacancy has not yet
occurred, the clerk shall notify the commission immediately. The
commission may within fifty (50) days of the notice of vacancy make
its nominations and submit to the governor the names of five (5)
persons nominated for the forthcoming vacancy.
(b) Meetings of the commission shall be called by the chairman or,
if the chairman fails to call a necessary meeting, upon the call of any
four (4) members of the commission. The chairman, whenever the
chairman considers a meeting necessary, or upon the request by any
four (4) 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 time and place of every meeting unless the commission
at its previous meeting designated the time and place of its next
meeting.
(c) Meetings of the commission must be held at a place in the St.
Joseph County courthouse in South Bend as the clerk of the St.
Joseph superior court may arrange.
(d) The commission shall act only at a meeting and may act only
by the concurrence of a majority of its members attending a meeting.
Four (4) members are required to constitute a quorum at a meeting.
The commission may adopt reasonable and proper rules and
regulations for the conduct of its proceedings and the discharge of its
duties. As added by P.L.98-2004, SEC.12.
IC 33-33-71-37 Qualifications of nominees; evaluation
Sec. 37. (a) The commission shall submit only the names of the
five (5) most highly qualified candidates from among those eligible
individuals considered. To be eligible for nomination as a judge of
the St. Joseph superior court, a person must be domiciled in the
county of St. Joseph, a citizen of the United States, and admitted to
the practice of law in the courts of Indiana.
(b) In abiding by the mandate in subsection (a), the commission
shall evaluate in writing each eligible individual on the following
factors:
(1) Law school record, including any academic honors and
achievements.
(2) Contribution to scholarly journals and publications,
legislative draftings, and legal briefs.
(3) Activities in public service, including:
(A) writings and speeches concerning public or civic affairs
which are on public record, including but not limited to
campaign speeches or writing, letters to newspapers, and
testimony before public agencies;
(B) efforts and achievements in improving the administration
of justice; and
(C) other conduct relating to the individual's profession.
(4) Legal experience, including the number of years of practicing
law, the kind of practice involved, and reputation as a trial
lawyer or judge.
(5) Probable judicial temperament.
(6) Physical condition, including age, stamina, and possible
habitual intemperance.
(7) Personality traits, including the exercise of sound judgment,
ability to compromise and conciliate patience, decisiveness, and
dedication.
(8) Membership on boards of directors, financial interest, and
any other consideration that might create conflict of interest with
a judicial office.
(9) Any other pertinent information that the commission feels is
important in selecting the best qualified individuals for judicial
office.
(c) Written evaluations may 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.
(d) 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 St. Joseph superior court. As added by P.L.98-2004, SEC.12.
IC 33-33-71-38 List of nominees; submission to governor
Sec. 38. The commission shall submit with the list of five (5)
nominees to the governor its written evaluation of the qualifications
of each candidate, and the names and written evaluations shall be
publicly disclosed. Every eligible candidate whose name was not
submitted to the governor is entitled to access to any evaluation of
the candidate by the commission and the right to make the evaluation
public. Otherwise, the evaluation, including the names of the
candidates applying for the office, shall remain confidential. If the
commission determines that there are less than five (5) persons
qualified under section 40 of this chapter, the commission must
submit a lesser number under section 40 of this chapter. As added by P.L.98-2004, SEC.12. Amended by P.L.2-2005, SEC.98.
IC 33-33-71-39 Withdrawal of list or names of nominees
Sec. 39. (a) After the commission has nominated and submitted to
the governor the names of five (5) persons for appointment to fill a
vacancy of the St. Joseph superior court:
(1) any name may be withdrawn for a 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 at any time 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 there are existing at the same time two (2) or more vacancies
on the court, the commission shall nominate and submit to the
governor a list of five (5) different persons for each of the vacancies.
The commission may before an appointment is made:
(1) withdraw the lists of nominations;
(2) change the names of any persons nominated from one (1) list
to another; and
(3) resubmit the lists as changed or substitute a new name for
any of those previously nominated. As added by P.L.98-2004, SEC.12.
IC 33-33-71-40 Appointment to fill vacancies
Sec. 40. (a) A vacancy occurring in the St. Joseph superior court
shall be filled by appointment of the governor from a list of 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 from 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 presented to the
governor.
(b) The governor shall make all appointments to the St. Joseph
superior court without regard to the political affiliation of any of the
nominees submitted to the governor. In the interest of justice, the
governor shall consider only those qualifications of the nominees
included in section 37 of this chapter.
(c) If the St. Joseph County judicial nominating commission, by a
vote of any five (5) of its members, determines that, of the persons
considered for any existing or expected vacancy in the St. Joseph
superior court, less than five (5) are qualified for judicial office,
within the scope of this chapter, the commission shall certify that
determination to the governor together with the name or names of the
person or persons found to be qualified under this chapter. In that
event, the governor, chief justice, or acting chief justice shall make
the selection or, if only one (1) name is submitted, make the
appointment. As added by P.L.98-2004, SEC.12.
IC 33-33-71-41 Effective date of appointments
Sec. 41. An appointment by the governor, chief justice, or acting
chief justice, as required by section 40 of this chapter, to the St.
Joseph County superior court shall take effect immediately if a
vacancy exists at the date of the appointment. The appointment shall
take effect on the date the vacancy is created if a vacancy does not
exist on the date of the appointment. As added by P.L.98-2004, SEC.12.
IC 33-33-71-42 Tenure of judges
Sec. 42. (a) Each judge appointed serves an initial term that begins
on the effective date of the judge's appointment 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) Thereafter, unless rejected by the electorate of St. Joseph
County under this chapter, each judge of the St. Joseph superior
court serves successive six (6) year terms. Each successive 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 and
continues for six (6) years. As added by P.L.98-2004, SEC.12.
IC 33-33-71-43 Submission of question of retention in office or rejection of judge
to electorate
Sec. 43. (a) The question of the retention in office or rejection of
each judge of the St. Joseph superior court shall be submitted to the
electorate of St. Joseph County at the general election immediately
preceding expiration of the term of that judge.
(b) If a judge subject to this chapter does not desire to serve a
further term, the judge shall notify the judge's intention in writing to
the clerk of the St. Joseph circuit court at least sixty (60) days before
the general election immediately preceding expiration of the judge's
term in which case the question of the judge's retention in office or
rejection may not be submitted to the electorate, and the office is
vacant at the expiration of the term.
(c) The St. Joseph County election board shall submit the question
of the retention in office or rejection of any judge to the electorate of
St. Joseph County. The submission of this question is subject to the
provisions of IC 3 that are not inconsistent with this chapter.
(d) At the general election, the question of the retention in office
or rejection of a judge shall be submitted to the electorate of St.
Joseph County in the form prescribed by IC 3-11 and must state
"Shall Judge (insert name) of the St. Joseph superior court be
retained in office for an additional term?".
(e) If a majority of the ballots cast by the electors voting on the
question is "No", the judge whose name appeared on such question
is rejected. The office of the rejected judge is vacant on January 1
following the rejection. The vacancy shall be filled by appointment
of the governor under section 40 of this chapter. The name of the
rejected judge may not be included among those submitted to the
governor. However, the judge's rejection does not disqualify a
rejected judge from being considered for another judicial office that
becomes vacant. As added by P.L.98-2004, SEC.12. Amended by P.L.58-2005,
SEC.36.
IC 33-33-71-44 Conditions of office
Sec. 44. (a) During a term of office, a judge of the St. Joseph
superior court may not engage in the practice of law, run for an
elective office other than a judicial office, or directly or indirectly
make any contributions to or hold any office in a political party or
organization. A judge may not take part in any political campaign
except as a candidate for retention in judicial office and, in that
event, the judge's campaign participation must be absolutely devoid
of partisan association and be limited to activities designed to
acquaint the electorate with the judge's judicial record.
(b) Failure to comply with this section is sufficient cause for the
commission on judicial qualifications established by section 45 of
this chapter to recommend to the supreme court that the judge be
censured or removed from office. As added by P.L.98-2004, SEC.12.
IC 33-33-71-45 Judicial qualifications commission; membership; employment of
special counsel
Sec. 45. There is established a commission on judicial
qualifications for the St. Joseph superior court, whose membership
is the same as that of the judicial nominating commission under
section 29 of this chapter. The commission on judicial qualifications
may employ special counsel in any proceedings it undertakes under
the responsibilities imposed upon it by this chapter. As added by P.L.98-2004, SEC.12.
IC 33-33-71-46 Recommendation for suspension or removal of judge
Sec. 46. (a) On recommendation of the commission on judicial
qualifications, the supreme court may suspend a judge of the St.
Joseph superior court from office without salary when in any court
in the United States the judge enters a plea of guilty or nolo
contendere to, or is found guilty of, any crime punishable as a felony
under the laws of Indiana or of the United States, or of any other
crime that involves moral turpitude under that law. If the judge's
conviction is reversed, suspension terminates, and the judge shall be
paid the judge's salary for the period of suspension. If the judge is
suspended and the judge's conviction is affirmed or otherwise
becomes final, the supreme court shall remove the judge from office.
(b) On recommendation of the commission on judicial
qualifications, the supreme court may:
(1) retire a judge of the St. Joseph superior court for disability
that seriously interferes with the performance of the judge's
duties and is likely to become permanent; and
(2) censure or remove a judge of the St. Joseph superior court for
conduct occurring not more than six (6) years before the
commencement of the judge's current term, when the conduct
constitutes willful misconduct in office, willful and persistent
failure to perform the judge's duties, habitual intemperance, or
conduct prejudicial to the administration of justice or that brings
or tends to bring judicial office into disrepute.
(c) When the supreme court receives any recommendation from the
commission on judicial qualifications, it shall hold a hearing, at
which the affected judge is entitled to attend, and shall make a
determination as is required. The supreme court shall make rules
regarding the convening and conduct of hearings, which shall, upon
request of the judge whom it concerns, be public. As added by P.L.98-2004, SEC.12.
IC 33-33-71-47 Meetings of commission
Sec. 47. (a) The commission on judicial qualifications shall meet
periodically as necessary to discharge its statutory responsibilities.
Meetings of the commission on judicial qualifications shall be called
in the same manner as prescribed for the judicial nominating
commission. A quorum for the transaction of business is four (4)
members.
(b) The clerk of the St. Joseph circuit court shall make
arrangements for a meeting place in St. Joseph County as the
commission may request.
(c) The commission on judicial qualifications may act only at a
meeting. The commission on judicial qualifications may adopt
reasonable and proper rules and regulations for the conduct of its
meetings and discharge of its duties. As added by P.L.98-2004, SEC.12.
IC 33-33-71-48 Confidentiality of proceedings
Sec. 48. (a) All papers filed with and proceedings had before the
commission on judicial qualifications before the institution of formal
proceedings are confidential unless the judge against whom a
complaint has been filed elects to have the information divulged or
unless the commission elects to answer publicly disseminated
statements issued by any complainant.
(b) All papers filed with the commission on judicial qualifications
at the time of or after the institution of formal proceedings are open
for public inspection at all reasonable times. Records of proceedings
are open for public inspection at all reasonable times. All hearings
and proceedings before the commission on judicial qualifications are
open to the public. As added by P.L.98-2004, SEC.12.
IC 33-33-71-49 Defamatory material
Sec. 49. The filing of papers with or the giving of testimony before
the commission on judicial qualifications under this chapter are
absolutely privileged in any action for defamation. As added by P.L.98-2004, SEC.12.
IC 33-33-71-50 Complaints
Sec. 50. Complaints directed to the commission on judicial
qualifications do not have to be in writing. A specified form of
complaint may be required if presented in writing. As added by P.L.98-2004, SEC.12.
IC 33-33-71-51 Complaint by citizen; investigation
Sec. 51. (a) Any citizen of Indiana may complain to the
commission on judicial qualifications with reference to the activities,
fitness, or qualifications of any judge of the St. Joseph superior
court. Upon receiving a complaint or request, the commission on
judicial qualifications shall make an initial inquiry to determine if a
complaint is founded and not frivolous. The commission on judicial
qualifications, without receiving a complaint, may make an initial
inquiry on its own motion.
(b) If the commission on judicial qualifications considers it
necessary as a result of its initial inquiry to conduct further
investigation, the judge involved may then be notified of the
investigation, the nature of the charge, the complaint that must be in
writing, the name of the person making the complaint, if any, or that
the investigation is on the commission's own motion and the judge
shall be afforded reasonable opportunity in the course of the
investigation to present matters as the judge may choose. When this
notice is given, it must be by prepaid registered or certified mail
addressed to the judge at the judge's chambers and at the judge's last
known address. If the investigation does not disclose sufficient cause
to warrant further proceedings, the judge may be so notified. The
commission on judicial qualifications may make investigations by
members of the commission or by special investigators employed by
the commission, hold confidential hearings with the person filing the
complaint or with the person's agents or attorneys, and hold
confidential hearings with the judge involved in the complaint.
(c) If the commission on judicial qualification's initial inquiry or
investigation does not disclose sufficient cause to warrant further
proceedings and if the complainant subsequently issues any
statement or statements of any kind for public dissemination relating
to the activities or actions of the commission, the commission may
answer that statement by reference to as much of the record of its
proceedings or results of its investigation as it considers necessary. As added by P.L.98-2004, SEC.12.
IC 33-33-71-52 Notification of formal proceedings
Sec. 52. (a) After the investigation is completed and if the
commission on judicial qualifications concludes that formal
proceedings should be instituted, the commission shall give written
notice to the judge advising the judge of the institution of formal
proceedings to inquire into the charges against the judge. These
proceedings shall be entitled:
"BEFORE THE ST. JOSEPH COUNTY JUDICIAL
QUALIFICATIONS COMMISSION
Inquiry Concerning a Judge, No. _______ .".
(b) The notice must be issued in the name of the commission on
judicial qualifications, specify in ordinary and concise language the
charges against the judge and the alleged facts upon which the
charges are based, and advise the judge of the judge's right to file a
written answer to the charges against the judge within twenty (20)
days after service of the notice upon the judge. A charge is not
sufficient if it merely recites the general language of the original
complaint. The charge must specify the facts relied upon to support
a particular charge. A copy of the notice shall be filed in the office
of the commission on judicial qualifications.
(c) The notice shall be made upon the judge by registered or
certified mail addressed to the judge at the judge's chambers and the
judge's last known address. As added by P.L.98-2004, SEC.12. IC 33-33-71-53 Answer
Sec. 53. Within twenty (20) days after service of the notice of
formal proceedings, the judge may file with the commission on
judicial qualifications a signed original and one (1) copy of an
answer, and shall serve a copy on the counsel by mail. As added by P.L.98-2004, SEC.12.
IC 33-33-71-54 Time and place for hearing
Sec. 54. Upon filing an answer or upon the expiration of the time
for its filing, the commission on judicial qualifications shall order a
hearing to be held before it concerning the discipline, retirement, or
removal of the judge. The commission on judicial qualifications shall
set an approximate date, time, and place for a hearing and shall give
notice of the hearing by registered or certified mail to the judge and
to the counsel at least twenty (20) days before the date set. As added by P.L.98-2004, SEC.12.
IC 33-33-71-55 Hearing
Sec. 55. (a) At the date, time, and place set for hearing, the
commission on judicial qualifications may proceed with the hearing
whether or not the judge has filed an answer or appears at the
hearing.
(b) The failure of the judge to answer or to appear at the hearing,
standing alone, may not be taken as evidence of the truth of the facts
alleged to constitute grounds for censure, retirement, or removal. In
any proceeding for involuntary retirement for disability, the failure
of the judge to testify in the judge's own behalf or to submit to a
medical examination requested by the commission on judicial
qualifications may be considered, unless the failure to appear was
due to circumstances beyond the judge's control.
(c) The proceedings at the hearing shall be reported verbatim.
(d) At least four (4) members of the commission on judicial
qualifications must be present when the evidence is produced. As added by P.L.98-2004, SEC.12.
IC 33-33-71-56 Evidence
Sec. 56. At a hearing before the commission on judicial
qualifications the evidentiary rules of the courts of Indiana apply. As added by P.L.98-2004, SEC.12.
IC 33-33-71-57 Rights of judge in formal proceedings
Sec. 57. (a) In formal proceedings involving the judge's discipline,
retirement, or removal, a judge has the right and reasonable
opportunity to defend against the charges by the introduction of
evidence, to be represented by counsel, and to examine and
cross-examine witnesses. The judge has the right to the issuance of
subpoenas for attendance of witnesses to testify or produce books,
papers, and other evidentiary matter.
(b) When a transcript of the testimony has been prepared at the
expense of the commission on judicial qualifications, a copy shall be
furnished without cost to the judge. The judge has the right, without
any order or approval, to have all or any part of the testimony in the
proceedings transcribed at the judge's expense.
(c) Except as otherwise provided in this chapter, whenever
provision is made for giving notice or sending any matter to the
judge, that notice or matter must be mailed by registered or certified
mail to the judge at the judge's office and residence unless the judge
requests otherwise in writing, and a copy is mailed to the judge's
attorney of record.
(d) If the judge has been adjudged incapacitated under IC 29-3, the
guardian may claim and exercise any right and privilege and make
any defense for the judge with the same force and effect as if
claimed, exercised, or made by the judge, if competent, and
whenever these rules provide for serving or giving notice or sending
any matter to the judge, a copy of the notice or matter also shall be
served, given, or sent to the guardian. As added by P.L.98-2004, SEC.12.
IC 33-33-71-58 Amendments to notice or answer
Sec. 58. At any time before determination of the issues, the
commission on judicial qualifications may allow or require
amendments to the notice of formal proceedings and may allow
amendments to the answer. The notice may be amended to conform
to proof or to set forth additional facts, whether occurring before or
after the commencement of the hearing. If an amendment is made,
the judge shall be given reasonable time both to answer the
amendment and to prepare and present the judge's defense against the
matters charged thereby. As added by P.L.98-2004, SEC.12.
IC 33-33-71-59 Hearing additional evidence
Sec. 59. The commission on judicial qualifications may order a
hearing for the taking of additional evidence at any time while the
matter is pending before it. The order must set the date, time, and
place of the hearing in St. Joseph County and must indicate the
matters on which the evidence is to be taken. A copy of the order
shall be sent by registered or certified mail to the judge and to the
counsel at least ten (10) days before the date of the hearing. As added by P.L.98-2004, SEC.12.
IC 33-33-71-60 Recommendation of commission; vote
Sec. 60. If the commission on judicial qualifications finds good
cause, it shall recommend to the supreme court the censure,
retirement, or removal of the judge. The affirmative vote of four (4)
members of the commission on judicial qualifications, including a
majority of those who were present at the hearing or hearings when
the evidence was produced, is required for a recommendation of
discipline, retirement, or removal of a judge. As added by P.L.98-2004, SEC.12.
IC 33-33-71-61 Certified recommendation to supreme court
Sec. 61. Upon making a determination recommending the censure,
retirement, or removal of a judge, the commission on judicial
qualifications shall promptly file a copy of the recommendation
certified by the chairman or secretary of the commission, together
with the transcript and findings and conclusions, with the clerk of the
supreme court and shall promptly mail to the judge and to the
counsel notice of the filing, together with a copy of the
recommendation, finding, and conclusions. As added by P.L.98-2004, SEC.12.
IC 33-33-71-62 Petition to modify or reject commission recommendation
Sec. 62. (a) A petition to the supreme court to modify or reject the
recommendation of the commission on judicial qualifications for
censure, retirement, or removal of a judge may be filed by the judge
within thirty (30) days after the filing with the clerk of the supreme
court of the certified copy of the commission's recommendation. The
petition must:
(1) be verified;
(2) be based on the record;
(3) specify the grounds relied on; and
(4) be accompanied by petitioner's brief together with proof of
service on the commission of two (2) copies, and on the counsel
of one (1) copy, of the petition and the brief.
Within twenty (20) days after service of petitioner's brief the
commission on judicial qualifications shall file a respondent's brief
and serve a copy of the respondent's brief on the judge. Within
twenty (20) days after service of the respondent's brief, the petitioner
may file a reply brief, two (2) copies of which shall be served on the
commission on judicial qualifications and one (1) copy shall be
served on the counsel.
(b) Failure to file a petition within the time provided is considered
a consent to the determination on the merits based upon the record
filed by the commission on judicial qualifications.
(c) To the extent necessary to implement this section and if not
inconsistent with this section, the Indiana Rules of Appellate
Procedure are applicable to reviews by the supreme court of
commission on judicial qualifications proceedings. As added by P.L.98-2004, SEC.12. IC 33-33-71-63 Powers of commission in investigations and hearings
Sec. 63. The commission on judicial qualifications has jurisdiction
and powers necessary to conduct the proper and speedy disposition
of any investigation or hearing, including the power to compel the
attendance of witnesses, to take or cause to be taken the deposition
of witnesses, and to order the production of books, records, or other
documentary evidence. Any member of the commission on judicial
qualifications may administer oaths and affirmations to witnesses in
any matter within the jurisdiction of the commission. As added by P.L.98-2004, SEC.12.
IC 33-33-71-64 Subpoenas
Sec. 64. Subpoenas for the attendance of witnesses and the
production of documentary evidence between the commission on
judicial qualifications or for discovery shall be issued by the
chairman of the commission and shall be served in the manner
provided by law for the service of process. As added by P.L.98-2004, SEC.12.
IC 33-33-71-65 Enforcement of subpoena
Sec. 65. If in any proceeding before the commission on judicial
qualifications, any witness fails or refuses to attend upon subpoena
issued by the commission or any of the commission's representatives,
or appearing, refuses to testify or refuses to produce any books and
papers the production of which is called for by the subpoena, the
attendance of any witness and the giving of the witness's testimony
and the production of the books and papers required shall be
enforced by the St. Joseph circuit court. As added by P.L.98-2004, SEC.12.
IC 33-33-71-66 Papers and pleadings filed with commission
Sec. 66. All papers and pleadings filed with the chairman of the
commission on judicial qualifications at the chairman's office shall
be considered filed with the commission. As added by P.L.98-2004, SEC.12.
IC 33-33-71-67 Discovery
Sec. 67. (a) In all formal proceedings, discovery shall be available
to the commission on judicial qualifications and to the judge in
accordance with the Indiana Rules of Civil Procedure. Any motions
requesting court orders for discovery shall be made to the St. Joseph
circuit court.
(b) In all formal proceedings before the commission on judicial
qualifications, the counsel shall furnish to the judge not less than
twenty (20) days before any hearing the following:
(1) The names and addresses of all witnesses whose testimony
the counsel expects to offer at the hearing together with copies
of all written statements and transcripts of testimony of the
witnesses in the possession of the counsel or the commission that
are relevant to the subject matter of the hearing and that have not
previously been furnished the judge.
(2) Copies of all documentary evidence that the counsel expects
to offer in evidence at the hearing. The testimony of any witness,
except if offered in rebuttal or for impeachment, whose name
and address have not been furnished to the judge, and
documentary evidence, copies of which have not been furnished
to the judge, as provided in this subsection, are not admissible in
evidence at the hearing over the objection of the judge. After
formal proceedings have been instituted, the judge may request
in writing that the counsel furnish to the judge the names and
addresses of all witnesses then or thereafter known to the
counsel who have information that may be relevant to any charge
against the judge and to any defense of the judge with respect to
the charge. The counsel shall also furnish copies of such written
statements, transcripts of testimony, and documentary evidence
as are then or thereafter known to the counsel and are then or
thereafter in the possession of the counsel or the commission that
are relevant to any charges or defense and that have not
previously been furnished the judge. The counsel shall comply
with a request within ten (10) days after receipt of the request
and thereafter within ten (10) days after any information or
evidence becomes known to the counsel.
(c) During the course of an investigation by the commission on
judicial qualifications, the judge whose conduct is being investigated
may demand in writing that the commission either institute formal
proceedings against the judge or enter a formal finding that there is
not probable cause to believe that the judge is guilty of any
misconduct. The commission on judicial qualifications shall within
sixty (60) days after the judge's demand comply with the demand. A
copy of the demand must be filed with the supreme court and is a
matter of public record. If, after a demand, the commission on
judicial qualifications finds that there is not probable cause, that
finding must be filed with the supreme court and is a matter of public
record. As added by P.L.98-2004, SEC.12.
IC 33-33-71-68 Retirement; removal
Sec. 68. (a) Whenever a judge of a St. Joseph County court is
retired by the supreme court under this chapter and on the grounds
set forth in sections 44 and 46 of this chapter, the judge is considered
to have retired voluntarily. In these situations, this chapter may not
be construed to authorize any encroachment upon or impairment of
any rights of the judge or the judge's surviving spouse under any
constitutional or statutory retirement program.
(b) A judge of a St. Joseph County court who is removed from
office by the supreme court on those grounds set forth in sections 44
and 46 of this chapter, is ineligible for judicial office and, pending
further order of the supreme court, shall be suspended from the
practice of law in Indiana. As added by P.L.98-2004, SEC.12.
IC 33-33-71-69 Magistrates
Sec. 69. (a) The court may appoint two (2) full-time magistrates
under IC 33-23-5 to serve the court using the selection method
provided by IC 36-1-8-10(b)(1) or IC 36-1-8-10(b)(2). Not more than
one (1) of the magistrates appointed under this section may be a
member of the same political party.
(b) A magistrate continues in office until removed by the judges of
the court.
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IC 33-33-71-1 Application
Sec. 1. IC 33-29-1 does not apply to this chapter. As added by P.L.98-2004, SEC.12.
IC 33-33-71-2 Judicial circuit
Sec. 2. St. Joseph County constitutes the sixtieth judicial circuit. As added by P.L.98-2004, SEC.12.
IC 33-33-71-3 Magistrates
Sec. 3. The judge of the St. Joseph circuit court may appoint two
(2) full-time magistrates under IC 33-23-5 to serve the circuit court.
A magistrate continues in office until removed by the judge. As added by P.L.98-2004, SEC.12.
IC 33-33-71-4
Repealed
(Repealed by P.L.118-2007, SEC.38.)
IC 33-33-71-5 Establishment of superior court; number of judges
Sec. 5. There is established a superior court in St. Joseph County.
The court consists of eight (8) judges. As added by P.L.98-2004, SEC.12.
IC 33-33-71-6 Name
Sec. 6. The superior court shall be known as the St. Joseph
superior court. As added by P.L.98-2004, SEC.12.
IC 33-33-71-7 Seal
Sec. 7. The superior court shall have a seal consisting of a circular
disk containing the words "St. Joseph Superior Court", 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 33-33-71-8 Jurisdiction
Sec. 8. The St. Joseph superior court has the following
jurisdiction:
(1) Original, appellate, concurrent, and coextensive jurisdiction
with the circuit court in all civil cases, criminal cases, and
probate matters.
(2) Concurrent and coextensive jurisdiction with the circuit
court in all cases of appeal from boards of county
commissioners and all other appellate jurisdiction vested in the
circuit court.
(3) Concurrent and coextensive jurisdiction in all matters of
probate and the settlement of decedents' estates, trusts, and
guardianships.
(4) Jurisdiction in all other subject matters actionable in the
circuit court.
(5) Original exclusive jurisdiction of all violations of
ordinances of cities located in the county.
(6) Original exclusive jurisdiction in the trial of offenses
constituting violation of traffic ordinances of the cities and
violations of traffic laws of the state that occur in any city of St.
Joseph County.
(7) Original jurisdiction of violations of traffic laws of the state
that occur outside a city in St. Joseph County. As added by P.L.98-2004, SEC.12.
IC 33-33-71-9 Small claims and misdemeanor division
Sec. 9. The St. Joseph superior court has a standard small claims
and misdemeanor division. As added by P.L.98-2004, SEC.12.
IC 33-33-71-10 Court of record; force and effect of judgments, decrees, and orders
Sec. 10. The St. Joseph superior court is a court of record, and its
judgments, decrees, orders, and proceedings have the same force and
effect and shall be enforced in the same manner as those of the
circuit court. As added by P.L.98-2004, SEC.12.
IC 33-33-71-11 Power and authority of judges
Sec. 11. The judges of the superior court may make and adopt
rules and regulations for conducting the business of the court and
have 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. The judges may administer oaths,
solemnize marriages, take and certify acknowledgment of deeds, 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 33-33-71-12 Powers of judges same as circuit judges
Sec. 12. The judges of the superior court may:
(1) grant restraining orders and injunctions;
(2) issue writs of habeas corpus and of mandate and prohibition;
(3) appoint receivers, masters, and commissioners to convey
real property;
(4) grant commissions for the examination of witnesses; and
(5) appoint other officers necessary to facilitate and transact the
business of the court;
the same as circuit courts or circuit court judges. As added by P.L.98-2004, SEC.12.
IC 33-33-71-13 Sessions of court; facilities; jurisdiction
Sec. 13. (a) The St. Joseph superior court shall hold its sessions
in:
(1) the St. Joseph County courthouse in South Bend; and
(2) at least one (1) appropriate place in Mishawaka.
The superior court in Mishawaka shall be full time and shall exercise
full superior court jurisdiction in that city. The board of county
commissioners of St. Joseph County shall provide and maintain in
the courthouse in South Bend and in an appropriate place in
Mishawaka court facilities that include suitable and convenient
courtrooms, jury rooms, and offices for the judges, secretaries, and
official court reporters, and other necessary facilities, including all
the necessary furniture and equipment for the rooms and offices of
the court for the conduct of all criminal and civil business, including
the necessary facilities for jury trials.
(b) The judges of the court have all jurisdiction and authority
granted them by law regardless of the city in which they are located. As added by P.L.98-2004, SEC.12.
IC 33-33-71-14 Dockets; books, papers, and records
Sec. 14. The clerk, under the direction of the judge, shall provide
order books, judgment dockets, execution dockets, fee books, and
other books, papers, and records as necessary for the court, and all
books, papers, and proceedings of the superior court shall be kept
distinct and separate from those of other courts. As added by P.L.98-2004, SEC.12.
IC 33-33-71-15 Single order book for entire court
Sec. 15. The superior court shall maintain a single order book for
the entire court that may be signed on behalf of the court by any of
the sitting judges of the court, and the signature constitutes
authentication of the actions of each judge in the court. As added by P.L.98-2004, SEC.12.
IC 33-33-71-16 Bailiff
Sec. 16. Each judge of the superior court shall appoint a bailiff for
the court whose salary shall be fixed by the court and paid as
provided by law.
As added by P.L.98-2004, SEC.12.
IC 33-33-71-17 Court reporter
Sec. 17. Each judge of the superior court shall appoint a court
reporter whose duties, salary, and term shall be regulated in the same
manner as the court reporter of circuit court. As added by P.L.98-2004, SEC.12.
IC 33-33-71-18 Laws and rules governing practice and procedure
Sec. 18. All laws and rules adopted by the supreme court
governing the circuit court in matters of pleading, practice, the
issuing and service of process, the giving of notice, the appointment
of judges pro tempore and special judges, changes of venue from the
judge and from the county, adjournments by the court and by the
clerk in the absence of the judge, and the selection of jurors for the
court shall be applicable to and govern the superior court. As added by P.L.98-2004, SEC.12.
IC 33-33-71-19
Repealed
(Repealed by P.L.118-2007, SEC.38.)
IC 33-33-71-20 Appeal from order or judgment of court
Sec. 20. Any party may appeal to the supreme court or the court
of appeals from any order or judgment of the superior court in any
case where, under Indiana law, an appeal may be had from a similar
order or judgment of the circuit court. The appeal is governed by the
law governing appeals from the circuit court to the court of appeals
and the supreme court. As added by P.L.98-2004, SEC.12.
IC 33-33-71-21 Process of court
Sec. 21. The process of the superior court must have the seal
affixed. The process must be attested, directed, served, returned, and
in the form as is provided for process issuing from the circuit court. As added by P.L.98-2004, SEC.12.
IC 33-33-71-22 Appointment of officers and personnel
Sec. 22. Each judge of the superior court may appoint additional
officers and personnel as necessary for the proper administration of
the judge's duties as judge of the court. As added by P.L.98-2004, SEC.12.
IC 33-33-71-23 Chief judge
Sec. 23. (a) The superior court, by rules duly adopted by the court,
shall designate one (1) of the judges as chief judge and fix the time
the chief judge presides.
(b) The chief judge shall be responsible for the operation and
conduct of the court and to seeing that the court operates efficiently
and judicially.
(c) The chief judge shall do the following:
(1) Assign cases to a judge of the court or reassign cases from
one (1) judge of the court to another judge of the court to ensure
the efficient operation and conduct of the court.
(2) Assign and allocate courtrooms, other rooms, and other
facilities to ensure the efficient operation and conduct of the
court.
(3) Annually submit to the fiscal body of St. Joseph County a
budget for the court.
(4) Make appointments or selections on behalf of the court that
are required of a superior court judge under any statute.
(5) Direct the employment and management of court personnel.
(6) Conduct cooperative efforts with other courts for
establishing and administering shared programs and facilities. As added by P.L.98-2004, SEC.12.
IC 33-33-71-24 Judges acting in concert; majority decision
Sec. 24. When any action of the entire superior court is required,
the judges of the court shall act in concert. If there is a disagreement,
the decision of the 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 33-33-71-25 Administrative officer of court
Sec. 25. The superior court shall, when it believes it is necessary,
appoint additional personnel for the proper administration of the
court, including an administrative officer who shall operate under the
jurisdiction of the chief judge. As added by P.L.98-2004, SEC.12.
IC 33-33-71-26 Transfer of causes from circuit court
Sec. 26. The judge of the circuit court may, with the consent of
the chief judge, transfer any action, cause, or proceeding filed and
docketed in the circuit court to the superior court by transferring all
original papers and instruments filed in the action, cause, or
proceeding without further transcript to be redocketed and disposed
of as if originally filed with the superior court. As added by P.L.98-2004, SEC.12.
IC 33-33-71-27 Transfer of causes to circuit court
Sec. 27. The chief judge of the superior court may, with the
consent of the judge of the circuit court, transfer any action, cause,
or proceeding filed and docketed in the superior court to the circuit
court by transferring all original papers and instruments filed in the
action, cause, or proceeding without further transcript to be
redocketed and disposed of as if originally filed with the circuit
court. As added by P.L.98-2004, SEC.12.
IC 33-33-71-28 Circuit court judge sitting as superior court judge
Sec. 28. The judge of the St. Joseph circuit court at the circuit
court judge's discretion, may sit as a judge of the superior court, with
the chief judge's permission, in all matters pending before the
superior court, without limitation and without any further order, in
the same manner as if the judge of the circuit court were a judge of
the superior court with all the rights and powers as if the judge of the
circuit court were an elected judge of the superior court. As added by P.L.98-2004, SEC.12.
IC 33-33-71-29 Judicial nominating commission; establishment
Sec. 29. (a) There is established a judicial nominating commission
for the St. Joseph superior court, the functions, responsibilities, and
procedures of which are set forth in sections 30 through 40 of this
chapter.
(b) The board of county commissioners of St. Joseph County shall
provide all facilities, equipments, supplies, and services necessary
for the administration of the duties imposed upon the commission.
The members of this commission shall serve without compensation.
However, the board of county commissioners of St. Joseph County
shall reimburse members of this commission for their actual
expenses incurred in performing their duties. As added by P.L.98-2004, SEC.12.
IC 33-33-71-30 Judicial nominating commission; membership
Sec. 30. (a) The judicial nominating commission (referred to as
the "commission" in this chapter) consists of seven (7) members, the
majority of whom shall form a quorum. The chief justice shall
appoint a justice of the supreme court or a judge of the court of
appeals to serve as a member and chairman of the commission until
a successor is appointed. Those admitted to the practice of law in
Indiana and residing in St. Joseph County or maintaining their
principal law office in St. Joseph County shall elect, under sections
32 and 33 of this chapter, three (3) of their number to serve as
attorney members of the commission. If any attorney member of the
commission terminates residence in St. Joseph County or
discontinues the maintenance of a principal law office in St. Joseph
County, the member shall be considered to have resigned from the
commission. The three (3) remaining members of the commission
must be persons not admitted to the practice of law (referred to as
"nonattorney members" in this chapter) and residents of St. Joseph
County. However, not more than two (2) of the nonattorney members
may be from the same political party and that the appointment of the
nonattorney members of the commission shall be made under section
31 of this chapter. Not more than four (4) commission members may
be from the same political party.
(b) A member of the commission may not hold any other salaried
public office nor an office in a political party organization. A
member of the commission is not eligible for appointment to a
judicial office in St. Joseph County who has, within four (4) years
immediately preceding an appointment, served on the commission.
If any nonattorney member of the commission terminates residence
in St. Joseph County, the member is considered to have resigned
from the commission. As added by P.L.98-2004, SEC.12.
IC 33-33-71-31 Appointment of nonattorney commissioners
Sec. 31. (a) The appointment to membership on the commission
of the nonattorney members shall be made by a selection committee
consisting of the judge of the St. Joseph circuit court, the president
of the board of St. Joseph County commissioners, and mayors in
each of the two (2) cities having the largest populations in St. Joseph
County. These appointments shall be made by a majority vote of the
selection committee. If a vacancy occurs on the commission among
the nonattorney members, that fact shall be reported to the judge of
the St. Joseph circuit court by the commission. Upon notification, the
judge of the St. Joseph circuit court shall call into session the
selection committee, which shall, by majority vote, select a person
or persons not admitted to the practice of law, who shall serve the
unexpired term of the vacant commission membership position and
that this selection and appointment by the selection committee shall
be made within sixty (60) days after the date the St. Joseph circuit
court is notified of the creation of the vacancy. If the selection
committee fails to act to fill an unexpired term of a nonattorney
member of the commission within sixty (60) days after the
notification that the vacancy exists, the vacancy shall be filled by a
majority vote of the remaining members of the commission.
(b) Not less than sixty (60) days before the expiration of the term
of a nonattorney member of the commission, the judge of the St.
Joseph circuit court shall call into session the selection committee
that shall appoint, by a majority vote, a person to the commission to
serve a new term. If the selection committee fails to act to fill an
expired term of a nonattorney member of the commission by the date
of expiration of the term of a nonattorney member of the
commission, the remaining members on the commission shall, by
majority vote, appoint a person to serve for the succeeding term. All
appointments made to the commission shall be certified within ten
(10) days to the clerk of the St. Joseph superior court.
(c) Each appointee of a nonattorney member to the commission,
except those who fill a vacancy, shall serve for four (4) years. As added by P.L.98-2004, SEC.12.
IC 33-33-71-32 Election of attorney commissioners
Sec. 32. (a) Each year in which an attorney member's term
expires, those admitted to the practice of law in Indiana and residing
in St. Joseph County (referred to as "attorney electors" in this
chapter) shall elect three (3) of their number to serve on the
commission. Each attorney member of the commission shall serve for
four (4) years. The term of each attorney member begins on the first
day of October following the member's election. The election day is
the date on which the ballots are counted. 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 33-33-71-33 Procedure for election of attorney commissioners
Sec. 33. The attorney members of the commission shall be elected
by the following process:
(1) The clerk of the St. Joseph superior court shall at least
ninety (90) days before the date of election notify all attorneys
in St. Joseph County of the upcoming election by mail,
informing them that nominations must be made to the clerk of
the superior court at least sixty (60) days before the election.
The clerk shall secure a list of all attorneys in the county 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 an attorney elector or group
of attorney electors residing in St. Joseph County, by mail or
otherwise, in the office of the clerk of St. Joseph superior court
at least sixty (60) days before the election.
(3) The clerk of St. Joseph superior court shall prepare and print
ballots containing the names and residence addresses of all
attorney nominees whose written nominations, petitions and
written statements of consent have been received sixty (60)
days before the election.
The ballot must read:
"ST. JOSEPH SUPERIOR COURT
NOMINATING COMMISSION BALLOT
To be cast by individuals residing in St. Joseph County and admitted
to the practice of law in Indiana. Vote for one (1) of the following
candidates for the term commencing:
(Insert Date)
( ) (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 St. Joseph superior court not later than
_______ (insert date).
DESTROY BALLOT IF NOT USED".
(4) The nominee receiving the most votes is elected.
(5) 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 that ballot, certifying that the attorney
elector is admitted to the practice of law in Indiana, resides in St.
Joseph County, and voted the ballot returned. A ballot not
accompanied by the signed certificate of the voter may not be
counted.
(6) 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 may not be opened
until the counting of the ballots.
(7) The clerk of St. Joseph superior court shall mail a ballot and
its accompanying material to all qualified attorney electors at
least two (2) weeks before the date of election.
(8) Upon receiving the completed ballots and the accompanying
certificates, the clerk shall insure 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.
(9) The clerk of St. Joseph superior court, with the assistance of
the St. Joseph County election board, shall open and canvass all
ballots at 4 p.m. on the day of election in the office of the clerk
of St. Joseph superior court. Ballots received after 4 p.m. may
not be counted. 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. The clerk may not allow a person to inspect them except
upon an order of the court of appeals.
(10) 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 that
nominee a plurality, the canvassers shall resolve the tie by lot,
and the winner of the lot is considered elected. As added by P.L.98-2004, SEC.12.
IC 33-33-71-34 Notification
Sec. 34. After:
(1) the attorney members of the commission have been elected;
and
(2) the names of the nonattorney commissioners appointed by the
selection committee have been certified to the secretary of state,
clerk of the supreme court, and the clerk of St. Joseph superior
court under this chapter;
the clerk of St. Joseph superior court shall by regular mail notify the
members of the commission of their election or appointment, and
shall notify the chairman of the commission of the same. As added by P.L.98-2004, SEC.12.
IC 33-33-71-35 Succession of membership
Sec. 35. A person who has been elected or appointed to a full four
(4) year term upon the commission may not succeed himself or
herself or be eligible for election or appointment to the commission
for four (4) years after the expiration of the term to which the person
was elected or appointed. As added by P.L.98-2004, SEC.12.
IC 33-33-71-36 Nominations for vacancies in superior court; meetings of
commission
Sec. 36. (a) When a vacancy occurs in the St. Joseph superior
court, the clerk of the court shall promptly notify the chairman of the
commission of the vacancy. The chairman shall call a meeting of the
commission within ten (10) days following this notice. The
commission shall submit its nominations of five (5) 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 serving governor, but the vacancy has not yet
occurred, the clerk shall notify the commission immediately. The
commission may within fifty (50) days of the notice of vacancy make
its nominations and submit to the governor the names of five (5)
persons nominated for the forthcoming vacancy.
(b) Meetings of the commission shall be called by the chairman or,
if the chairman fails to call a necessary meeting, upon the call of any
four (4) members of the commission. The chairman, whenever the
chairman considers a meeting necessary, or upon the request by any
four (4) 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 time and place of every meeting unless the commission
at its previous meeting designated the time and place of its next
meeting.
(c) Meetings of the commission must be held at a place in the St.
Joseph County courthouse in South Bend as the clerk of the St.
Joseph superior court may arrange.
(d) The commission shall act only at a meeting and may act only
by the concurrence of a majority of its members attending a meeting.
Four (4) members are required to constitute a quorum at a meeting.
The commission may adopt reasonable and proper rules and
regulations for the conduct of its proceedings and the discharge of its
duties. As added by P.L.98-2004, SEC.12.
IC 33-33-71-37 Qualifications of nominees; evaluation
Sec. 37. (a) The commission shall submit only the names of the
five (5) most highly qualified candidates from among those eligible
individuals considered. To be eligible for nomination as a judge of
the St. Joseph superior court, a person must be domiciled in the
county of St. Joseph, a citizen of the United States, and admitted to
the practice of law in the courts of Indiana.
(b) In abiding by the mandate in subsection (a), the commission
shall evaluate in writing each eligible individual on the following
factors:
(1) Law school record, including any academic honors and
achievements.
(2) Contribution to scholarly journals and publications,
legislative draftings, and legal briefs.
(3) Activities in public service, including:
(A) writings and speeches concerning public or civic affairs
which are on public record, including but not limited to
campaign speeches or writing, letters to newspapers, and
testimony before public agencies;
(B) efforts and achievements in improving the administration
of justice; and
(C) other conduct relating to the individual's profession.
(4) Legal experience, including the number of years of practicing
law, the kind of practice involved, and reputation as a trial
lawyer or judge.
(5) Probable judicial temperament.
(6) Physical condition, including age, stamina, and possible
habitual intemperance.
(7) Personality traits, including the exercise of sound judgment,
ability to compromise and conciliate patience, decisiveness, and
dedication.
(8) Membership on boards of directors, financial interest, and
any other consideration that might create conflict of interest with
a judicial office.
(9) Any other pertinent information that the commission feels is
important in selecting the best qualified individuals for judicial
office.
(c) Written evaluations may 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.
(d) 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 St. Joseph superior court. As added by P.L.98-2004, SEC.12.
IC 33-33-71-38 List of nominees; submission to governor
Sec. 38. The commission shall submit with the list of five (5)
nominees to the governor its written evaluation of the qualifications
of each candidate, and the names and written evaluations shall be
publicly disclosed. Every eligible candidate whose name was not
submitted to the governor is entitled to access to any evaluation of
the candidate by the commission and the right to make the evaluation
public. Otherwise, the evaluation, including the names of the
candidates applying for the office, shall remain confidential. If the
commission determines that there are less than five (5) persons
qualified under section 40 of this chapter, the commission must
submit a lesser number under section 40 of this chapter. As added by P.L.98-2004, SEC.12. Amended by P.L.2-2005, SEC.98.
IC 33-33-71-39 Withdrawal of list or names of nominees
Sec. 39. (a) After the commission has nominated and submitted to
the governor the names of five (5) persons for appointment to fill a
vacancy of the St. Joseph superior court:
(1) any name may be withdrawn for a 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 at any time 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 there are existing at the same time two (2) or more vacancies
on the court, the commission shall nominate and submit to the
governor a list of five (5) different persons for each of the vacancies.
The commission may before an appointment is made:
(1) withdraw the lists of nominations;
(2) change the names of any persons nominated from one (1) list
to another; and
(3) resubmit the lists as changed or substitute a new name for
any of those previously nominated. As added by P.L.98-2004, SEC.12.
IC 33-33-71-40 Appointment to fill vacancies
Sec. 40. (a) A vacancy occurring in the St. Joseph superior court
shall be filled by appointment of the governor from a list of 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 from 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 presented to the
governor.
(b) The governor shall make all appointments to the St. Joseph
superior court without regard to the political affiliation of any of the
nominees submitted to the governor. In the interest of justice, the
governor shall consider only those qualifications of the nominees
included in section 37 of this chapter.
(c) If the St. Joseph County judicial nominating commission, by a
vote of any five (5) of its members, determines that, of the persons
considered for any existing or expected vacancy in the St. Joseph
superior court, less than five (5) are qualified for judicial office,
within the scope of this chapter, the commission shall certify that
determination to the governor together with the name or names of the
person or persons found to be qualified under this chapter. In that
event, the governor, chief justice, or acting chief justice shall make
the selection or, if only one (1) name is submitted, make the
appointment. As added by P.L.98-2004, SEC.12.
IC 33-33-71-41 Effective date of appointments
Sec. 41. An appointment by the governor, chief justice, or acting
chief justice, as required by section 40 of this chapter, to the St.
Joseph County superior court shall take effect immediately if a
vacancy exists at the date of the appointment. The appointment shall
take effect on the date the vacancy is created if a vacancy does not
exist on the date of the appointment. As added by P.L.98-2004, SEC.12.
IC 33-33-71-42 Tenure of judges
Sec. 42. (a) Each judge appointed serves an initial term that begins
on the effective date of the judge's appointment 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) Thereafter, unless rejected by the electorate of St. Joseph
County under this chapter, each judge of the St. Joseph superior
court serves successive six (6) year terms. Each successive 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 and
continues for six (6) years. As added by P.L.98-2004, SEC.12.
IC 33-33-71-43 Submission of question of retention in office or rejection of judge
to electorate
Sec. 43. (a) The question of the retention in office or rejection of
each judge of the St. Joseph superior court shall be submitted to the
electorate of St. Joseph County at the general election immediately
preceding expiration of the term of that judge.
(b) If a judge subject to this chapter does not desire to serve a
further term, the judge shall notify the judge's intention in writing to
the clerk of the St. Joseph circuit court at least sixty (60) days before
the general election immediately preceding expiration of the judge's
term in which case the question of the judge's retention in office or
rejection may not be submitted to the electorate, and the office is
vacant at the expiration of the term.
(c) The St. Joseph County election board shall submit the question
of the retention in office or rejection of any judge to the electorate of
St. Joseph County. The submission of this question is subject to the
provisions of IC 3 that are not inconsistent with this chapter.
(d) At the general election, the question of the retention in office
or rejection of a judge shall be submitted to the electorate of St.
Joseph County in the form prescribed by IC 3-11 and must state
"Shall Judge (insert name) of the St. Joseph superior court be
retained in office for an additional term?".
(e) If a majority of the ballots cast by the electors voting on the
question is "No", the judge whose name appeared on such question
is rejected. The office of the rejected judge is vacant on January 1
following the rejection. The vacancy shall be filled by appointment
of the governor under section 40 of this chapter. The name of the
rejected judge may not be included among those submitted to the
governor. However, the judge's rejection does not disqualify a
rejected judge from being considered for another judicial office that
becomes vacant. As added by P.L.98-2004, SEC.12. Amended by P.L.58-2005,
SEC.36.
IC 33-33-71-44 Conditions of office
Sec. 44. (a) During a term of office, a judge of the St. Joseph
superior court may not engage in the practice of law, run for an
elective office other than a judicial office, or directly or indirectly
make any contributions to or hold any office in a political party or
organization. A judge may not take part in any political campaign
except as a candidate for retention in judicial office and, in that
event, the judge's campaign participation must be absolutely devoid
of partisan association and be limited to activities designed to
acquaint the electorate with the judge's judicial record.
(b) Failure to comply with this section is sufficient cause for the
commission on judicial qualifications established by section 45 of
this chapter to recommend to the supreme court that the judge be
censured or removed from office. As added by P.L.98-2004, SEC.12.
IC 33-33-71-45 Judicial qualifications commission; membership; employment of
special counsel
Sec. 45. There is established a commission on judicial
qualifications for the St. Joseph superior court, whose membership
is the same as that of the judicial nominating commission under
section 29 of this chapter. The commission on judicial qualifications
may employ special counsel in any proceedings it undertakes under
the responsibilities imposed upon it by this chapter. As added by P.L.98-2004, SEC.12.
IC 33-33-71-46 Recommendation for suspension or removal of judge
Sec. 46. (a) On recommendation of the commission on judicial
qualifications, the supreme court may suspend a judge of the St.
Joseph superior court from office without salary when in any court
in the United States the judge enters a plea of guilty or nolo
contendere to, or is found guilty of, any crime punishable as a felony
under the laws of Indiana or of the United States, or of any other
crime that involves moral turpitude under that law. If the judge's
conviction is reversed, suspension terminates, and the judge shall be
paid the judge's salary for the period of suspension. If the judge is
suspended and the judge's conviction is affirmed or otherwise
becomes final, the supreme court shall remove the judge from office.
(b) On recommendation of the commission on judicial
qualifications, the supreme court may:
(1) retire a judge of the St. Joseph superior court for disability
that seriously interferes with the performance of the judge's
duties and is likely to become permanent; and
(2) censure or remove a judge of the St. Joseph superior court for
conduct occurring not more than six (6) years before the
commencement of the judge's current term, when the conduct
constitutes willful misconduct in office, willful and persistent
failure to perform the judge's duties, habitual intemperance, or
conduct prejudicial to the administration of justice or that brings
or tends to bring judicial office into disrepute.
(c) When the supreme court receives any recommendation from the
commission on judicial qualifications, it shall hold a hearing, at
which the affected judge is entitled to attend, and shall make a
determination as is required. The supreme court shall make rules
regarding the convening and conduct of hearings, which shall, upon
request of the judge whom it concerns, be public. As added by P.L.98-2004, SEC.12.
IC 33-33-71-47 Meetings of commission
Sec. 47. (a) The commission on judicial qualifications shall meet
periodically as necessary to discharge its statutory responsibilities.
Meetings of the commission on judicial qualifications shall be called
in the same manner as prescribed for the judicial nominating
commission. A quorum for the transaction of business is four (4)
members.
(b) The clerk of the St. Joseph circuit court shall make
arrangements for a meeting place in St. Joseph County as the
commission may request.
(c) The commission on judicial qualifications may act only at a
meeting. The commission on judicial qualifications may adopt
reasonable and proper rules and regulations for the conduct of its
meetings and discharge of its duties. As added by P.L.98-2004, SEC.12.
IC 33-33-71-48 Confidentiality of proceedings
Sec. 48. (a) All papers filed with and proceedings had before the
commission on judicial qualifications before the institution of formal
proceedings are confidential unless the judge against whom a
complaint has been filed elects to have the information divulged or
unless the commission elects to answer publicly disseminated
statements issued by any complainant.
(b) All papers filed with the commission on judicial qualifications
at the time of or after the institution of formal proceedings are open
for public inspection at all reasonable times. Records of proceedings
are open for public inspection at all reasonable times. All hearings
and proceedings before the commission on judicial qualifications are
open to the public. As added by P.L.98-2004, SEC.12.
IC 33-33-71-49 Defamatory material
Sec. 49. The filing of papers with or the giving of testimony before
the commission on judicial qualifications under this chapter are
absolutely privileged in any action for defamation. As added by P.L.98-2004, SEC.12.
IC 33-33-71-50 Complaints
Sec. 50. Complaints directed to the commission on judicial
qualifications do not have to be in writing. A specified form of
complaint may be required if presented in writing. As added by P.L.98-2004, SEC.12.
IC 33-33-71-51 Complaint by citizen; investigation
Sec. 51. (a) Any citizen of Indiana may complain to the
commission on judicial qualifications with reference to the activities,
fitness, or qualifications of any judge of the St. Joseph superior
court. Upon receiving a complaint or request, the commission on
judicial qualifications shall make an initial inquiry to determine if a
complaint is founded and not frivolous. The commission on judicial
qualifications, without receiving a complaint, may make an initial
inquiry on its own motion.
(b) If the commission on judicial qualifications considers it
necessary as a result of its initial inquiry to conduct further
investigation, the judge involved may then be notified of the
investigation, the nature of the charge, the complaint that must be in
writing, the name of the person making the complaint, if any, or that
the investigation is on the commission's own motion and the judge
shall be afforded reasonable opportunity in the course of the
investigation to present matters as the judge may choose. When this
notice is given, it must be by prepaid registered or certified mail
addressed to the judge at the judge's chambers and at the judge's last
known address. If the investigation does not disclose sufficient cause
to warrant further proceedings, the judge may be so notified. The
commission on judicial qualifications may make investigations by
members of the commission or by special investigators employed by
the commission, hold confidential hearings with the person filing the
complaint or with the person's agents or attorneys, and hold
confidential hearings with the judge involved in the complaint.
(c) If the commission on judicial qualification's initial inquiry or
investigation does not disclose sufficient cause to warrant further
proceedings and if the complainant subsequently issues any
statement or statements of any kind for public dissemination relating
to the activities or actions of the commission, the commission may
answer that statement by reference to as much of the record of its
proceedings or results of its investigation as it considers necessary. As added by P.L.98-2004, SEC.12.
IC 33-33-71-52 Notification of formal proceedings
Sec. 52. (a) After the investigation is completed and if the
commission on judicial qualifications concludes that formal
proceedings should be instituted, the commission shall give written
notice to the judge advising the judge of the institution of formal
proceedings to inquire into the charges against the judge. These
proceedings shall be entitled:
"BEFORE THE ST. JOSEPH COUNTY JUDICIAL
QUALIFICATIONS COMMISSION
Inquiry Concerning a Judge, No. _______ .".
(b) The notice must be issued in the name of the commission on
judicial qualifications, specify in ordinary and concise language the
charges against the judge and the alleged facts upon which the
charges are based, and advise the judge of the judge's right to file a
written answer to the charges against the judge within twenty (20)
days after service of the notice upon the judge. A charge is not
sufficient if it merely recites the general language of the original
complaint. The charge must specify the facts relied upon to support
a particular charge. A copy of the notice shall be filed in the office
of the commission on judicial qualifications.
(c) The notice shall be made upon the judge by registered or
certified mail addressed to the judge at the judge's chambers and the
judge's last known address. As added by P.L.98-2004, SEC.12. IC 33-33-71-53 Answer
Sec. 53. Within twenty (20) days after service of the notice of
formal proceedings, the judge may file with the commission on
judicial qualifications a signed original and one (1) copy of an
answer, and shall serve a copy on the counsel by mail. As added by P.L.98-2004, SEC.12.
IC 33-33-71-54 Time and place for hearing
Sec. 54. Upon filing an answer or upon the expiration of the time
for its filing, the commission on judicial qualifications shall order a
hearing to be held before it concerning the discipline, retirement, or
removal of the judge. The commission on judicial qualifications shall
set an approximate date, time, and place for a hearing and shall give
notice of the hearing by registered or certified mail to the judge and
to the counsel at least twenty (20) days before the date set. As added by P.L.98-2004, SEC.12.
IC 33-33-71-55 Hearing
Sec. 55. (a) At the date, time, and place set for hearing, the
commission on judicial qualifications may proceed with the hearing
whether or not the judge has filed an answer or appears at the
hearing.
(b) The failure of the judge to answer or to appear at the hearing,
standing alone, may not be taken as evidence of the truth of the facts
alleged to constitute grounds for censure, retirement, or removal. In
any proceeding for involuntary retirement for disability, the failure
of the judge to testify in the judge's own behalf or to submit to a
medical examination requested by the commission on judicial
qualifications may be considered, unless the failure to appear was
due to circumstances beyond the judge's control.
(c) The proceedings at the hearing shall be reported verbatim.
(d) At least four (4) members of the commission on judicial
qualifications must be present when the evidence is produced. As added by P.L.98-2004, SEC.12.
IC 33-33-71-56 Evidence
Sec. 56. At a hearing before the commission on judicial
qualifications the evidentiary rules of the courts of Indiana apply. As added by P.L.98-2004, SEC.12.
IC 33-33-71-57 Rights of judge in formal proceedings
Sec. 57. (a) In formal proceedings involving the judge's discipline,
retirement, or removal, a judge has the right and reasonable
opportunity to defend against the charges by the introduction of
evidence, to be represented by counsel, and to examine and
cross-examine witnesses. The judge has the right to the issuance of
subpoenas for attendance of witnesses to testify or produce books,
papers, and other evidentiary matter.
(b) When a transcript of the testimony has been prepared at the
expense of the commission on judicial qualifications, a copy shall be
furnished without cost to the judge. The judge has the right, without
any order or approval, to have all or any part of the testimony in the
proceedings transcribed at the judge's expense.
(c) Except as otherwise provided in this chapter, whenever
provision is made for giving notice or sending any matter to the
judge, that notice or matter must be mailed by registered or certified
mail to the judge at the judge's office and residence unless the judge
requests otherwise in writing, and a copy is mailed to the judge's
attorney of record.
(d) If the judge has been adjudged incapacitated under IC 29-3, the
guardian may claim and exercise any right and privilege and make
any defense for the judge with the same force and effect as if
claimed, exercised, or made by the judge, if competent, and
whenever these rules provide for serving or giving notice or sending
any matter to the judge, a copy of the notice or matter also shall be
served, given, or sent to the guardian. As added by P.L.98-2004, SEC.12.
IC 33-33-71-58 Amendments to notice or answer
Sec. 58. At any time before determination of the issues, the
commission on judicial qualifications may allow or require
amendments to the notice of formal proceedings and may allow
amendments to the answer. The notice may be amended to conform
to proof or to set forth additional facts, whether occurring before or
after the commencement of the hearing. If an amendment is made,
the judge shall be given reasonable time both to answer the
amendment and to prepare and present the judge's defense against the
matters charged thereby. As added by P.L.98-2004, SEC.12.
IC 33-33-71-59 Hearing additional evidence
Sec. 59. The commission on judicial qualifications may order a
hearing for the taking of additional evidence at any time while the
matter is pending before it. The order must set the date, time, and
place of the hearing in St. Joseph County and must indicate the
matters on which the evidence is to be taken. A copy of the order
shall be sent by registered or certified mail to the judge and to the
counsel at least ten (10) days before the date of the hearing. As added by P.L.98-2004, SEC.12.
IC 33-33-71-60 Recommendation of commission; vote
Sec. 60. If the commission on judicial qualifications finds good
cause, it shall recommend to the supreme court the censure,
retirement, or removal of the judge. The affirmative vote of four (4)
members of the commission on judicial qualifications, including a
majority of those who were present at the hearing or hearings when
the evidence was produced, is required for a recommendation of
discipline, retirement, or removal of a judge. As added by P.L.98-2004, SEC.12.
IC 33-33-71-61 Certified recommendation to supreme court
Sec. 61. Upon making a determination recommending the censure,
retirement, or removal of a judge, the commission on judicial
qualifications shall promptly file a copy of the recommendation
certified by the chairman or secretary of the commission, together
with the transcript and findings and conclusions, with the clerk of the
supreme court and shall promptly mail to the judge and to the
counsel notice of the filing, together with a copy of the
recommendation, finding, and conclusions. As added by P.L.98-2004, SEC.12.
IC 33-33-71-62 Petition to modify or reject commission recommendation
Sec. 62. (a) A petition to the supreme court to modify or reject the
recommendation of the commission on judicial qualifications for
censure, retirement, or removal of a judge may be filed by the judge
within thirty (30) days after the filing with the clerk of the supreme
court of the certified copy of the commission's recommendation. The
petition must:
(1) be verified;
(2) be based on the record;
(3) specify the grounds relied on; and
(4) be accompanied by petitioner's brief together with proof of
service on the commission of two (2) copies, and on the counsel
of one (1) copy, of the petition and the brief.
Within twenty (20) days after service of petitioner's brief the
commission on judicial qualifications shall file a respondent's brief
and serve a copy of the respondent's brief on the judge. Within
twenty (20) days after service of the respondent's brief, the petitioner
may file a reply brief, two (2) copies of which shall be served on the
commission on judicial qualifications and one (1) copy shall be
served on the counsel.
(b) Failure to file a petition within the time provided is considered
a consent to the determination on the merits based upon the record
filed by the commission on judicial qualifications.
(c) To the extent necessary to implement this section and if not
inconsistent with this section, the Indiana Rules of Appellate
Procedure are applicable to reviews by the supreme court of
commission on judicial qualifications proceedings. As added by P.L.98-2004, SEC.12. IC 33-33-71-63 Powers of commission in investigations and hearings
Sec. 63. The commission on judicial qualifications has jurisdiction
and powers necessary to conduct the proper and speedy disposition
of any investigation or hearing, including the power to compel the
attendance of witnesses, to take or cause to be taken the deposition
of witnesses, and to order the production of books, records, or other
documentary evidence. Any member of the commission on judicial
qualifications may administer oaths and affirmations to witnesses in
any matter within the jurisdiction of the commission. As added by P.L.98-2004, SEC.12.
IC 33-33-71-64 Subpoenas
Sec. 64. Subpoenas for the attendance of witnesses and the
production of documentary evidence between the commission on
judicial qualifications or for discovery shall be issued by the
chairman of the commission and shall be served in the manner
provided by law for the service of process. As added by P.L.98-2004, SEC.12.
IC 33-33-71-65 Enforcement of subpoena
Sec. 65. If in any proceeding before the commission on judicial
qualifications, any witness fails or refuses to attend upon subpoena
issued by the commission or any of the commission's representatives,
or appearing, refuses to testify or refuses to produce any books and
papers the production of which is called for by the subpoena, the
attendance of any witness and the giving of the witness's testimony
and the production of the books and papers required shall be
enforced by the St. Joseph circuit court. As added by P.L.98-2004, SEC.12.
IC 33-33-71-66 Papers and pleadings filed with commission
Sec. 66. All papers and pleadings filed with the chairman of the
commission on judicial qualifications at the chairman's office shall
be considered filed with the commission. As added by P.L.98-2004, SEC.12.
IC 33-33-71-67 Discovery
Sec. 67. (a) In all formal proceedings, discovery shall be available
to the commission on judicial qualifications and to the judge in
accordance with the Indiana Rules of Civil Procedure. Any motions
requesting court orders for discovery shall be made to the St. Joseph
circuit court.
(b) In all formal proceedings before the commission on judicial
qualifications, the counsel shall furnish to the judge not less than
twenty (20) days before any hearing the following:
(1) The names and addresses of all witnesses whose testimony
the counsel expects to offer at the hearing together with copies
of all written statements and transcripts of testimony of the
witnesses in the possession of the counsel or the commission that
are relevant to the subject matter of the hearing and that have not
previously been furnished the judge.
(2) Copies of all documentary evidence that the counsel expects
to offer in evidence at the hearing. The testimony of any witness,
except if offered in rebuttal or for impeachment, whose name
and address have not been furnished to the judge, and
documentary evidence, copies of which have not been furnished
to the judge, as provided in this subsection, are not admissible in
evidence at the hearing over the objection of the judge. After
formal proceedings have been instituted, the judge may request
in writing that the counsel furnish to the judge the names and
addresses of all witnesses then or thereafter known to the
counsel who have information that may be relevant to any charge
against the judge and to any defense of the judge with respect to
the charge. The counsel shall also furnish copies of such written
statements, transcripts of testimony, and documentary evidence
as are then or thereafter known to the counsel and are then or
thereafter in the possession of the counsel or the commission that
are relevant to any charges or defense and that have not
previously been furnished the judge. The counsel shall comply
with a request within ten (10) days after receipt of the request
and thereafter within ten (10) days after any information or
evidence becomes known to the counsel.
(c) During the course of an investigation by the commission on
judicial qualifications, the judge whose conduct is being investigated
may demand in writing that the commission either institute formal
proceedings against the judge or enter a formal finding that there is
not probable cause to believe that the judge is guilty of any
misconduct. The commission on judicial qualifications shall within
sixty (60) days after the judge's demand comply with the demand. A
copy of the demand must be filed with the supreme court and is a
matter of public record. If, after a demand, the commission on
judicial qualifications finds that there is not probable cause, that
finding must be filed with the supreme court and is a matter of public
record. As added by P.L.98-2004, SEC.12.
IC 33-33-71-68 Retirement; removal
Sec. 68. (a) Whenever a judge of a St. Joseph County court is
retired by the supreme court under this chapter and on the grounds
set forth in sections 44 and 46 of this chapter, the judge is considered
to have retired voluntarily. In these situations, this chapter may not
be construed to authorize any encroachment upon or impairment of
any rights of the judge or the judge's surviving spouse under any
constitutional or statutory retirement program.
(b) A judge of a St. Joseph County court who is removed from
office by the supreme court on those grounds set forth in sections 44
and 46 of this chapter, is ineligible for judicial office and, pending
further order of the supreme court, shall be suspended from the
practice of law in Indiana. As added by P.L.98-2004, SEC.12.
IC 33-33-71-69 Magistrates
Sec. 69. (a) The court may appoint two (2) full-time magistrates
under IC 33-23-5 to serve the court using the selection method
provided by IC 36-1-8-10(b)(1) or IC 36-1-8-10(b)(2). Not more than
one (1) of the magistrates appointed under this section may be a
member of the same political party.
(b) A magistrate continues in office until removed by the judges of
the court.
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