IC 33-33-79.4
Chapter 79.4. Tippecanoe Superior Courts No. 4, No. 5, and No.
6
IC 33-33-79.4-1 Application
Sec. 1. IC 33-29-1 does not apply to this chapter. As added by P.L.98-2004, SEC.12.
IC 33-33-79.4-2 Establishment of superior courts
Sec. 2. There are established three (3) courts of record to be
known as:
(1) Tippecanoe superior court No. 4;
(2) Tippecanoe superior court No. 5; and
(3) Tippecanoe superior court No. 6;
(referred to as "the court" in this chapter). Tippecanoe superior court
No. 4, No. 5, and No. 6 may each have a seal containing the words
"Tippecanoe Superior Court No. (Insert Court Division Number),
Tippecanoe County, Indiana". Tippecanoe County comprises the
judicial district of each court. As added by P.L.98-2004, SEC.12.
IC 33-33-79.4-3 Judges; election
Sec. 3. (a) Tippecanoe superior court No. 4, No. 5, and No. 6 each
has one (1) judge, who shall be elected at the general election every
six (6) years in Tippecanoe County. The judge's term begins January
1 following the election and ends December 31 following the
election of the judge's successor.
(b) To be eligible to hold office as judge of the court, a person
must be:
(1) a resident of Tippecanoe County;
(2) less than seventy (70) years of age at the time of taking
office; and
(3) admitted to the bar of Indiana. As added by P.L.98-2004, SEC.12.
IC 33-33-79.4-4 Jurisdiction
Sec. 4. (a) Except as provided in subsection (b), each court has the
same jurisdiction as the Tippecanoe circuit court.
(b) Tippecanoe superior court No. 4, No. 5, and No. 6 do not have
probate or juvenile jurisdiction. As added by P.L.98-2004, SEC.12.
IC 33-33-79.4-5 Judicial powers
Sec. 5. The judges of Tippecanoe superior court No. 4, No. 5, and
No. 6 have the same powers relating to the conduct of the business
of Tippecanoe superior court No. 4, No. 5, and No. 6 as the judge of
the Tippecanoe circuit court. The judge of each court also may
administer oaths, solemnize marriages, and take and certify
acknowledgments of deeds. As added by P.L.98-2004, SEC.12.
IC 33-33-79.4-6 Bailiff and court reporter
Sec. 6. The judges of Tippecanoe superior court No. 4, No. 5, and
No. 6:
(1) shall each appoint a bailiff and an official court reporter for
the court; and
(2) may each appoint other court personnel necessary to
facilitate and transact the business of the court.
A person appointed under this section serves at the pleasure of the
judge appointing the person. Their salaries shall be fixed in the same
manner as the salaries of the bailiff, official court reporter, and other
personnel for the Tippecanoe circuit court. Their salaries shall be
paid monthly out of the treasury of Tippecanoe County as provided
by law. As added by P.L.98-2004, SEC.12.
IC 33-33-79.4-7 Magistrate
Sec. 7. The judges of Tippecanoe superior court No. 4, No. 5, and
No. 6 shall jointly appoint one (1) full-time magistrate under
IC 33-23-5. The magistrate continues in office until jointly removed
by the judges of the courts. As added by P.L.98-2004, SEC.12.
IC 33-33-79.4-8 Dockets, books, and papers
Sec. 8. The clerk of the circuit court, under the direction of the
judge of a court, shall provide order books, judgment dockets,
execution dockets, fee books, and other books for the court, which
shall be kept separately from the books and papers of other courts. As added by P.L.98-2004, SEC.12.
IC 33-33-79.4-9 Location of court sessions
Sec. 9. Each court shall hold its sessions in the Tippecanoe
County courthouse in Lafayette or in other places in the county that
the Tippecanoe County executive may provide. The county executive
shall provide and maintain a suitable courtroom and other rooms and
facilities, including furniture and equipment, as may be necessary for
each court. The Tippecanoe County fiscal body shall appropriate
sufficient funds for the provision and maintenance of these rooms
and facilities. As added by P.L.98-2004, SEC.12. IC 33-33-79.4-10
Repealed
(Repealed by P.L.118-2007, SEC.38.)
IC 33-33-79.4-11 Transfer of actions and proceedings
Sec. 11. The judge of the Tippecanoe circuit court or another
superior court in the county may, with the consent of the judge of
Tippecanoe superior court No. 4, No. 5, or No. 6, transfer any action
or proceeding from the circuit court to Tippecanoe superior court No.
4, No. 5, or No. 6. The judge of Tippecanoe superior court No. 4, No.
5, or No. 6 may, with the consent of the judge of the circuit court or
the judge of another superior court in the county, transfer any action
or proceeding from Tippecanoe superior court No. 4, No. 5, or No.
6 to the circuit court or the other superior court in the county. As added by P.L.98-2004, SEC.12.
IC 33-33-79.4-12 Sitting of judges
Sec. 12. The judge of the Tippecanoe circuit court or another
superior court in the county may, with the consent of the judge of
Tippecanoe superior court No. 4, No. 5, or No. 6, sit as a judge of the
court in any matter as if the judge of the circuit court or the other
superior court were an elected judge of Tippecanoe superior court
No. 4, No. 5, or No. 6. The judge of Tippecanoe superior court No.
4, No. 5, or No. 6 may, with consent of the judge of the circuit court
or the judge of another superior court in the county, sit as a judge of
the circuit court or the other superior court in any matter as if the
judge of Tippecanoe superior court No. 4, No. 5, or No. 6 were an
elected judge of the circuit court or the other superior court. As added by P.L.98-2004, SEC.12.
IC 33-33-79.4-13 Small claims and misdemeanor divisions
Sec. 13. Tippecanoe superior court No. 4, No. 5, and No. 6 each
has a standard small claims and misdemeanor division. As added by P.L.98-2004, SEC.12.
IC 33-33-79.4-14 Rules
Sec. 14. (a) Except as provided in this section, a judge of
Tippecanoe superior court No. 4, No. 5, or No. 6 may adopt rules for
conducting business in the court.
(b) Rules adopted under this section must be consistent with the
laws of Indiana and the rules adopted by the supreme court.
(c) When adopting local rules to govern in all the courts of record
in the county, the judge of the circuit court and the judges of all
superior courts in the county shall act in concert. If there is a
disagreement, the decision of a majority of the judges controls. If
there is a tie, the decision joined by the circuit court judge controls.
(d) The judges of Tippecanoe superior court No. 4, No. 5, and No.
6 shall jointly adopt rules to provide for the coordination and conduct
of the standard small claims and misdemeanor divisions in the courts. As added by P.L.98-2004, SEC.12.
IC 33-33-79.4-15 Presiding judge
Sec. 15. (a) The judges of Tippecanoe superior court No. 4, No.
5, and No. 6, by rules jointly adopted by the courts, shall designate
one (1) of the judges of the courts as presiding judge for the standard
small claims and misdemeanor divisions of the courts.
(b) The presiding judge shall insure that the standard small claims
divisions operate efficiently. As added by P.L.98-2004, SEC.12.
IC 33-33-79.4
Chapter 79.4. Tippecanoe Superior Courts No. 4, No. 5, and No.
6
IC 33-33-79.4-1 Application
Sec. 1. IC 33-29-1 does not apply to this chapter. As added by P.L.98-2004, SEC.12.
IC 33-33-79.4-2 Establishment of superior courts
Sec. 2. There are established three (3) courts of record to be
known as:
(1) Tippecanoe superior court No. 4;
(2) Tippecanoe superior court No. 5; and
(3) Tippecanoe superior court No. 6;
(referred to as "the court" in this chapter). Tippecanoe superior court
No. 4, No. 5, and No. 6 may each have a seal containing the words
"Tippecanoe Superior Court No. (Insert Court Division Number),
Tippecanoe County, Indiana". Tippecanoe County comprises the
judicial district of each court. As added by P.L.98-2004, SEC.12.
IC 33-33-79.4-3 Judges; election
Sec. 3. (a) Tippecanoe superior court No. 4, No. 5, and No. 6 each
has one (1) judge, who shall be elected at the general election every
six (6) years in Tippecanoe County. The judge's term begins January
1 following the election and ends December 31 following the
election of the judge's successor.
(b) To be eligible to hold office as judge of the court, a person
must be:
(1) a resident of Tippecanoe County;
(2) less than seventy (70) years of age at the time of taking
office; and
(3) admitted to the bar of Indiana. As added by P.L.98-2004, SEC.12.
IC 33-33-79.4-4 Jurisdiction
Sec. 4. (a) Except as provided in subsection (b), each court has the
same jurisdiction as the Tippecanoe circuit court.
(b) Tippecanoe superior court No. 4, No. 5, and No. 6 do not have
probate or juvenile jurisdiction. As added by P.L.98-2004, SEC.12.
IC 33-33-79.4-5 Judicial powers
Sec. 5. The judges of Tippecanoe superior court No. 4, No. 5, and
No. 6 have the same powers relating to the conduct of the business
of Tippecanoe superior court No. 4, No. 5, and No. 6 as the judge of
the Tippecanoe circuit court. The judge of each court also may
administer oaths, solemnize marriages, and take and certify
acknowledgments of deeds. As added by P.L.98-2004, SEC.12.
IC 33-33-79.4-6 Bailiff and court reporter
Sec. 6. The judges of Tippecanoe superior court No. 4, No. 5, and
No. 6:
(1) shall each appoint a bailiff and an official court reporter for
the court; and
(2) may each appoint other court personnel necessary to
facilitate and transact the business of the court.
A person appointed under this section serves at the pleasure of the
judge appointing the person. Their salaries shall be fixed in the same
manner as the salaries of the bailiff, official court reporter, and other
personnel for the Tippecanoe circuit court. Their salaries shall be
paid monthly out of the treasury of Tippecanoe County as provided
by law. As added by P.L.98-2004, SEC.12.
IC 33-33-79.4-7 Magistrate
Sec. 7. The judges of Tippecanoe superior court No. 4, No. 5, and
No. 6 shall jointly appoint one (1) full-time magistrate under
IC 33-23-5. The magistrate continues in office until jointly removed
by the judges of the courts. As added by P.L.98-2004, SEC.12.
IC 33-33-79.4-8 Dockets, books, and papers
Sec. 8. The clerk of the circuit court, under the direction of the
judge of a court, shall provide order books, judgment dockets,
execution dockets, fee books, and other books for the court, which
shall be kept separately from the books and papers of other courts. As added by P.L.98-2004, SEC.12.
IC 33-33-79.4-9 Location of court sessions
Sec. 9. Each court shall hold its sessions in the Tippecanoe
County courthouse in Lafayette or in other places in the county that
the Tippecanoe County executive may provide. The county executive
shall provide and maintain a suitable courtroom and other rooms and
facilities, including furniture and equipment, as may be necessary for
each court. The Tippecanoe County fiscal body shall appropriate
sufficient funds for the provision and maintenance of these rooms
and facilities. As added by P.L.98-2004, SEC.12. IC 33-33-79.4-10
Repealed
(Repealed by P.L.118-2007, SEC.38.)
IC 33-33-79.4-11 Transfer of actions and proceedings
Sec. 11. The judge of the Tippecanoe circuit court or another
superior court in the county may, with the consent of the judge of
Tippecanoe superior court No. 4, No. 5, or No. 6, transfer any action
or proceeding from the circuit court to Tippecanoe superior court No.
4, No. 5, or No. 6. The judge of Tippecanoe superior court No. 4, No.
5, or No. 6 may, with the consent of the judge of the circuit court or
the judge of another superior court in the county, transfer any action
or proceeding from Tippecanoe superior court No. 4, No. 5, or No.
6 to the circuit court or the other superior court in the county. As added by P.L.98-2004, SEC.12.
IC 33-33-79.4-12 Sitting of judges
Sec. 12. The judge of the Tippecanoe circuit court or another
superior court in the county may, with the consent of the judge of
Tippecanoe superior court No. 4, No. 5, or No. 6, sit as a judge of the
court in any matter as if the judge of the circuit court or the other
superior court were an elected judge of Tippecanoe superior court
No. 4, No. 5, or No. 6. The judge of Tippecanoe superior court No.
4, No. 5, or No. 6 may, with consent of the judge of the circuit court
or the judge of another superior court in the county, sit as a judge of
the circuit court or the other superior court in any matter as if the
judge of Tippecanoe superior court No. 4, No. 5, or No. 6 were an
elected judge of the circuit court or the other superior court. As added by P.L.98-2004, SEC.12.
IC 33-33-79.4-13 Small claims and misdemeanor divisions
Sec. 13. Tippecanoe superior court No. 4, No. 5, and No. 6 each
has a standard small claims and misdemeanor division. As added by P.L.98-2004, SEC.12.
IC 33-33-79.4-14 Rules
Sec. 14. (a) Except as provided in this section, a judge of
Tippecanoe superior court No. 4, No. 5, or No. 6 may adopt rules for
conducting business in the court.
(b) Rules adopted under this section must be consistent with the
laws of Indiana and the rules adopted by the supreme court.
(c) When adopting local rules to govern in all the courts of record
in the county, the judge of the circuit court and the judges of all
superior courts in the county shall act in concert. If there is a
disagreement, the decision of a majority of the judges controls. If
there is a tie, the decision joined by the circuit court judge controls.
(d) The judges of Tippecanoe superior court No. 4, No. 5, and No.
6 shall jointly adopt rules to provide for the coordination and conduct
of the standard small claims and misdemeanor divisions in the courts. As added by P.L.98-2004, SEC.12.
IC 33-33-79.4-15 Presiding judge
Sec. 15. (a) The judges of Tippecanoe superior court No. 4, No.
5, and No. 6, by rules jointly adopted by the courts, shall designate
one (1) of the judges of the courts as presiding judge for the standard
small claims and misdemeanor divisions of the courts.
(b) The presiding judge shall insure that the standard small claims
divisions operate efficiently. As added by P.L.98-2004, SEC.12.
IC 33-33-79.4
Chapter 79.4. Tippecanoe Superior Courts No. 4, No. 5, and No.
6
IC 33-33-79.4-1 Application
Sec. 1. IC 33-29-1 does not apply to this chapter. As added by P.L.98-2004, SEC.12.
IC 33-33-79.4-2 Establishment of superior courts
Sec. 2. There are established three (3) courts of record to be
known as:
(1) Tippecanoe superior court No. 4;
(2) Tippecanoe superior court No. 5; and
(3) Tippecanoe superior court No. 6;
(referred to as "the court" in this chapter). Tippecanoe superior court
No. 4, No. 5, and No. 6 may each have a seal containing the words
"Tippecanoe Superior Court No. (Insert Court Division Number),
Tippecanoe County, Indiana". Tippecanoe County comprises the
judicial district of each court. As added by P.L.98-2004, SEC.12.
IC 33-33-79.4-3 Judges; election
Sec. 3. (a) Tippecanoe superior court No. 4, No. 5, and No. 6 each
has one (1) judge, who shall be elected at the general election every
six (6) years in Tippecanoe County. The judge's term begins January
1 following the election and ends December 31 following the
election of the judge's successor.
(b) To be eligible to hold office as judge of the court, a person
must be:
(1) a resident of Tippecanoe County;
(2) less than seventy (70) years of age at the time of taking
office; and
(3) admitted to the bar of Indiana. As added by P.L.98-2004, SEC.12.
IC 33-33-79.4-4 Jurisdiction
Sec. 4. (a) Except as provided in subsection (b), each court has the
same jurisdiction as the Tippecanoe circuit court.
(b) Tippecanoe superior court No. 4, No. 5, and No. 6 do not have
probate or juvenile jurisdiction. As added by P.L.98-2004, SEC.12.
IC 33-33-79.4-5 Judicial powers
Sec. 5. The judges of Tippecanoe superior court No. 4, No. 5, and
No. 6 have the same powers relating to the conduct of the business
of Tippecanoe superior court No. 4, No. 5, and No. 6 as the judge of
the Tippecanoe circuit court. The judge of each court also may
administer oaths, solemnize marriages, and take and certify
acknowledgments of deeds. As added by P.L.98-2004, SEC.12.
IC 33-33-79.4-6 Bailiff and court reporter
Sec. 6. The judges of Tippecanoe superior court No. 4, No. 5, and
No. 6:
(1) shall each appoint a bailiff and an official court reporter for
the court; and
(2) may each appoint other court personnel necessary to
facilitate and transact the business of the court.
A person appointed under this section serves at the pleasure of the
judge appointing the person. Their salaries shall be fixed in the same
manner as the salaries of the bailiff, official court reporter, and other
personnel for the Tippecanoe circuit court. Their salaries shall be
paid monthly out of the treasury of Tippecanoe County as provided
by law. As added by P.L.98-2004, SEC.12.
IC 33-33-79.4-7 Magistrate
Sec. 7. The judges of Tippecanoe superior court No. 4, No. 5, and
No. 6 shall jointly appoint one (1) full-time magistrate under
IC 33-23-5. The magistrate continues in office until jointly removed
by the judges of the courts. As added by P.L.98-2004, SEC.12.
IC 33-33-79.4-8 Dockets, books, and papers
Sec. 8. The clerk of the circuit court, under the direction of the
judge of a court, shall provide order books, judgment dockets,
execution dockets, fee books, and other books for the court, which
shall be kept separately from the books and papers of other courts. As added by P.L.98-2004, SEC.12.
IC 33-33-79.4-9 Location of court sessions
Sec. 9. Each court shall hold its sessions in the Tippecanoe
County courthouse in Lafayette or in other places in the county that
the Tippecanoe County executive may provide. The county executive
shall provide and maintain a suitable courtroom and other rooms and
facilities, including furniture and equipment, as may be necessary for
each court. The Tippecanoe County fiscal body shall appropriate
sufficient funds for the provision and maintenance of these rooms
and facilities. As added by P.L.98-2004, SEC.12. IC 33-33-79.4-10
Repealed
(Repealed by P.L.118-2007, SEC.38.)
IC 33-33-79.4-11 Transfer of actions and proceedings
Sec. 11. The judge of the Tippecanoe circuit court or another
superior court in the county may, with the consent of the judge of
Tippecanoe superior court No. 4, No. 5, or No. 6, transfer any action
or proceeding from the circuit court to Tippecanoe superior court No.
4, No. 5, or No. 6. The judge of Tippecanoe superior court No. 4, No.
5, or No. 6 may, with the consent of the judge of the circuit court or
the judge of another superior court in the county, transfer any action
or proceeding from Tippecanoe superior court No. 4, No. 5, or No.
6 to the circuit court or the other superior court in the county. As added by P.L.98-2004, SEC.12.
IC 33-33-79.4-12 Sitting of judges
Sec. 12. The judge of the Tippecanoe circuit court or another
superior court in the county may, with the consent of the judge of
Tippecanoe superior court No. 4, No. 5, or No. 6, sit as a judge of the
court in any matter as if the judge of the circuit court or the other
superior court were an elected judge of Tippecanoe superior court
No. 4, No. 5, or No. 6. The judge of Tippecanoe superior court No.
4, No. 5, or No. 6 may, with consent of the judge of the circuit court
or the judge of another superior court in the county, sit as a judge of
the circuit court or the other superior court in any matter as if the
judge of Tippecanoe superior court No. 4, No. 5, or No. 6 were an
elected judge of the circuit court or the other superior court. As added by P.L.98-2004, SEC.12.
IC 33-33-79.4-13 Small claims and misdemeanor divisions
Sec. 13. Tippecanoe superior court No. 4, No. 5, and No. 6 each
has a standard small claims and misdemeanor division. As added by P.L.98-2004, SEC.12.
IC 33-33-79.4-14 Rules
Sec. 14. (a) Except as provided in this section, a judge of
Tippecanoe superior court No. 4, No. 5, or No. 6 may adopt rules for
conducting business in the court.
(b) Rules adopted under this section must be consistent with the
laws of Indiana and the rules adopted by the supreme court.
(c) When adopting local rules to govern in all the courts of record
in the county, the judge of the circuit court and the judges of all
superior courts in the county shall act in concert. If there is a
disagreement, the decision of a majority of the judges controls. If
there is a tie, the decision joined by the circuit court judge controls.
(d) The judges of Tippecanoe superior court No. 4, No. 5, and No.
6 shall jointly adopt rules to provide for the coordination and conduct
of the standard small claims and misdemeanor divisions in the courts. As added by P.L.98-2004, SEC.12.
IC 33-33-79.4-15 Presiding judge
Sec. 15. (a) The judges of Tippecanoe superior court No. 4, No.
5, and No. 6, by rules jointly adopted by the courts, shall designate
one (1) of the judges of the courts as presiding judge for the standard
small claims and misdemeanor divisions of the courts.
(b) The presiding judge shall insure that the standard small claims
divisions operate efficiently. As added by P.L.98-2004, SEC.12.
