IC 33-34-2-1 Election
Sec. 1. A judge shall be elected at the general election every four
(4) years by the registered voters residing within the township in
which the small claims court is located. As added by P.L.98-2004, SEC.13. Amended by P.L.174-2006,
SEC.4.
IC 33-34-2-2 Qualifications
Sec. 2. A judge must meet the qualifications prescribed by
IC 3-8-1-30. As added by P.L.98-2004, SEC.13.
IC 33-34-2-3 Term of office
Sec. 3. The term of office of a judge is four (4) years, beginning
January 1 after election and continuing until a successor is:
(1) elected; and
(2) qualified. As added by P.L.98-2004, SEC.13.
IC 33-34-2-4 Court schedule
Sec. 4. (a) The circuit court judge may establish a regular hourly
schedule for the performance of duties by full-time or part-time
township small claims courts and each judge shall maintain that
schedule.
(b) If the circuit court judge does not establish a regular hourly
schedule, the judge shall perform the judge's duties at regular,
reasonable hours.
(c) Regardless of whether a regular hourly schedule has been
established as set forth in subsection (a), a judge shall hold sessions
in addition to the judge's regular schedule whenever the business of
the judge's court requires. As added by P.L.98-2004, SEC.13.
IC 33-34-2-5 Salary
Sec. 5. (a) The salary of a judge who serves full time must be in
an amount determined by the township board of the township in
which the small claims court is located.
(b) The salary of each judge who serves part time must be in an
amount determined by the township board and approved by the
city-county council.
(c) The salary of a judge may not be reduced during the judge's
term of office.
(d) At any other time, salaries of any full-time or part-time judge
may be increased or decreased by the township board of the township
in which the small claims court is located. As added by P.L.98-2004, SEC.13.
IC 33-34-2-6 Salary payment; conflict of duties
Sec. 6. (a) The annual salary of a judge shall be paid in twelve
(12) equal monthly installments by the township trustee.
(b) The judge may not receive remuneration other than a salary set
under section 5 of this chapter for the performance of the judge's
official duties except payments for performing marriage ceremonies. As added by P.L.98-2004, SEC.13.
IC 33-34-2-7 Other employment
Sec. 7. (a) A judge serving part-time may participate in other
gainful employment if the employment does not:
(1) interfere with the exercise of the judge's judicial office; or
(2) involve any conflict of interest in the performance of the
judge's judicial duties.
(b) A judge serving full time may practice law if the practice does
not conflict in any way with the judge's official duties and does not:
(1) cause the judge to be unduly absent from the court; or
(2) interfere with the ready and prompt disposal of the judge's
judicial duties. As added by P.L.98-2004, SEC.13.
IC 33-34-2-8 Retirement fund; eligibility
Sec. 8. The:
(1) judge of a small claims court; and
(2) employees of the court;
may be eligible to participate in the public employees' retirement
fund as provided in IC 5-10.3, but a judge is not eligible to
participate as a member in the judges' retirement fund under
IC 33-38. As added by P.L.98-2004, SEC.13.
IC 33-34-2-9 Vacations
Sec. 9. (a) A vacation of one (1) month per year shall be provided
for a judge who serves in a full-time capacity.
(b) The circuit court judge may authorize the appointment of a
judge pro tempore to handle the judicial business of the vacationing
judge, if the circuit court judge considers it necessary. As added by P.L.98-2004, SEC.13.
IC 33-34-2-10 Discipline
Sec. 10. (a) A judge is subject to disciplinary action for the
grounds and in the manner set forth in IC 33-38-14.
(b) The commission on judicial qualifications for judges of the
superior and probate courts is the commission on judicial
qualifications for the judges of the small claims courts. As added by P.L.98-2004, SEC.13.
IC 33-34-2-11 Oath
Sec. 11. Before assuming the duties of a judge, a judge must take
an oath to:
(1) faithfully perform the duties of the judge's office; and
(2) support and defend to the best of the judge's ability the
constitution and laws of Indiana and the United States. As added by P.L.98-2004, SEC.13.
IC 33-34-2-12 Bond
Sec. 12. (a) A judge shall:
(1) furnish a bond in a sum required by the circuit court judge
to provide for the:
(A) faithful discharge of the duties of the office; and
(B) payment or delivery to the proper persons of whatever
money or other property may come into the judge's hands
when acting as judge; and
(2) file the bond with the county recorder.
The bond must also extend to cover a person that is appointed to act
as judge under IC 33-34-5-4. As added by P.L.98-2004, SEC.13.
IC 33-34-2-13 Seal
Sec. 13. (a) A judge shall procure a seal that will stamp upon
paper a distinct impression of words and letters. The seal must
contain the words "____________ Township of Marion County
Small Claims Court" (insert the name of the township in the blank).
(b) Deeds, mortgages, powers of attorney, state warrants, and all
other instruments of writing pertaining to the judge's official duty,
attested by the seal and signature of the judge, are presumptive
evidence of the official character of the court or judge in all courts
in Indiana without further authentication. As added by P.L.98-2004, SEC.13.
IC 33-34-2-14 Resignation
Sec. 14. (a) The resignation of a judge shall be delivered to the
clerk of the circuit court. The clerk shall advise the circuit court and
appropriate township board.
(b) A vacancy occurring in a judgeship must be filled under
IC 3-13-10.
As added by P.L.98-2004, SEC.13.
IC 33-34-2-1 Election
Sec. 1. A judge shall be elected at the general election every four
(4) years by the registered voters residing within the township in
which the small claims court is located. As added by P.L.98-2004, SEC.13. Amended by P.L.174-2006,
SEC.4.
IC 33-34-2-2 Qualifications
Sec. 2. A judge must meet the qualifications prescribed by
IC 3-8-1-30. As added by P.L.98-2004, SEC.13.
IC 33-34-2-3 Term of office
Sec. 3. The term of office of a judge is four (4) years, beginning
January 1 after election and continuing until a successor is:
(1) elected; and
(2) qualified. As added by P.L.98-2004, SEC.13.
IC 33-34-2-4 Court schedule
Sec. 4. (a) The circuit court judge may establish a regular hourly
schedule for the performance of duties by full-time or part-time
township small claims courts and each judge shall maintain that
schedule.
(b) If the circuit court judge does not establish a regular hourly
schedule, the judge shall perform the judge's duties at regular,
reasonable hours.
(c) Regardless of whether a regular hourly schedule has been
established as set forth in subsection (a), a judge shall hold sessions
in addition to the judge's regular schedule whenever the business of
the judge's court requires. As added by P.L.98-2004, SEC.13.
IC 33-34-2-5 Salary
Sec. 5. (a) The salary of a judge who serves full time must be in
an amount determined by the township board of the township in
which the small claims court is located.
(b) The salary of each judge who serves part time must be in an
amount determined by the township board and approved by the
city-county council.
(c) The salary of a judge may not be reduced during the judge's
term of office.
(d) At any other time, salaries of any full-time or part-time judge
may be increased or decreased by the township board of the township
in which the small claims court is located. As added by P.L.98-2004, SEC.13.
IC 33-34-2-6 Salary payment; conflict of duties
Sec. 6. (a) The annual salary of a judge shall be paid in twelve
(12) equal monthly installments by the township trustee.
(b) The judge may not receive remuneration other than a salary set
under section 5 of this chapter for the performance of the judge's
official duties except payments for performing marriage ceremonies. As added by P.L.98-2004, SEC.13.
IC 33-34-2-7 Other employment
Sec. 7. (a) A judge serving part-time may participate in other
gainful employment if the employment does not:
(1) interfere with the exercise of the judge's judicial office; or
(2) involve any conflict of interest in the performance of the
judge's judicial duties.
(b) A judge serving full time may practice law if the practice does
not conflict in any way with the judge's official duties and does not:
(1) cause the judge to be unduly absent from the court; or
(2) interfere with the ready and prompt disposal of the judge's
judicial duties. As added by P.L.98-2004, SEC.13.
IC 33-34-2-8 Retirement fund; eligibility
Sec. 8. The:
(1) judge of a small claims court; and
(2) employees of the court;
may be eligible to participate in the public employees' retirement
fund as provided in IC 5-10.3, but a judge is not eligible to
participate as a member in the judges' retirement fund under
IC 33-38. As added by P.L.98-2004, SEC.13.
IC 33-34-2-9 Vacations
Sec. 9. (a) A vacation of one (1) month per year shall be provided
for a judge who serves in a full-time capacity.
(b) The circuit court judge may authorize the appointment of a
judge pro tempore to handle the judicial business of the vacationing
judge, if the circuit court judge considers it necessary. As added by P.L.98-2004, SEC.13.
IC 33-34-2-10 Discipline
Sec. 10. (a) A judge is subject to disciplinary action for the
grounds and in the manner set forth in IC 33-38-14.
(b) The commission on judicial qualifications for judges of the
superior and probate courts is the commission on judicial
qualifications for the judges of the small claims courts. As added by P.L.98-2004, SEC.13.
IC 33-34-2-11 Oath
Sec. 11. Before assuming the duties of a judge, a judge must take
an oath to:
(1) faithfully perform the duties of the judge's office; and
(2) support and defend to the best of the judge's ability the
constitution and laws of Indiana and the United States. As added by P.L.98-2004, SEC.13.
IC 33-34-2-12 Bond
Sec. 12. (a) A judge shall:
(1) furnish a bond in a sum required by the circuit court judge
to provide for the:
(A) faithful discharge of the duties of the office; and
(B) payment or delivery to the proper persons of whatever
money or other property may come into the judge's hands
when acting as judge; and
(2) file the bond with the county recorder.
The bond must also extend to cover a person that is appointed to act
as judge under IC 33-34-5-4. As added by P.L.98-2004, SEC.13.
IC 33-34-2-13 Seal
Sec. 13. (a) A judge shall procure a seal that will stamp upon
paper a distinct impression of words and letters. The seal must
contain the words "____________ Township of Marion County
Small Claims Court" (insert the name of the township in the blank).
(b) Deeds, mortgages, powers of attorney, state warrants, and all
other instruments of writing pertaining to the judge's official duty,
attested by the seal and signature of the judge, are presumptive
evidence of the official character of the court or judge in all courts
in Indiana without further authentication. As added by P.L.98-2004, SEC.13.
IC 33-34-2-14 Resignation
Sec. 14. (a) The resignation of a judge shall be delivered to the
clerk of the circuit court. The clerk shall advise the circuit court and
appropriate township board.
(b) A vacancy occurring in a judgeship must be filled under
IC 3-13-10.
As added by P.L.98-2004, SEC.13.
IC 33-34-2-1 Election
Sec. 1. A judge shall be elected at the general election every four
(4) years by the registered voters residing within the township in
which the small claims court is located. As added by P.L.98-2004, SEC.13. Amended by P.L.174-2006,
SEC.4.
IC 33-34-2-2 Qualifications
Sec. 2. A judge must meet the qualifications prescribed by
IC 3-8-1-30. As added by P.L.98-2004, SEC.13.
IC 33-34-2-3 Term of office
Sec. 3. The term of office of a judge is four (4) years, beginning
January 1 after election and continuing until a successor is:
(1) elected; and
(2) qualified. As added by P.L.98-2004, SEC.13.
IC 33-34-2-4 Court schedule
Sec. 4. (a) The circuit court judge may establish a regular hourly
schedule for the performance of duties by full-time or part-time
township small claims courts and each judge shall maintain that
schedule.
(b) If the circuit court judge does not establish a regular hourly
schedule, the judge shall perform the judge's duties at regular,
reasonable hours.
(c) Regardless of whether a regular hourly schedule has been
established as set forth in subsection (a), a judge shall hold sessions
in addition to the judge's regular schedule whenever the business of
the judge's court requires. As added by P.L.98-2004, SEC.13.
IC 33-34-2-5 Salary
Sec. 5. (a) The salary of a judge who serves full time must be in
an amount determined by the township board of the township in
which the small claims court is located.
(b) The salary of each judge who serves part time must be in an
amount determined by the township board and approved by the
city-county council.
(c) The salary of a judge may not be reduced during the judge's
term of office.
(d) At any other time, salaries of any full-time or part-time judge
may be increased or decreased by the township board of the township
in which the small claims court is located. As added by P.L.98-2004, SEC.13.
IC 33-34-2-6 Salary payment; conflict of duties
Sec. 6. (a) The annual salary of a judge shall be paid in twelve
(12) equal monthly installments by the township trustee.
(b) The judge may not receive remuneration other than a salary set
under section 5 of this chapter for the performance of the judge's
official duties except payments for performing marriage ceremonies. As added by P.L.98-2004, SEC.13.
IC 33-34-2-7 Other employment
Sec. 7. (a) A judge serving part-time may participate in other
gainful employment if the employment does not:
(1) interfere with the exercise of the judge's judicial office; or
(2) involve any conflict of interest in the performance of the
judge's judicial duties.
(b) A judge serving full time may practice law if the practice does
not conflict in any way with the judge's official duties and does not:
(1) cause the judge to be unduly absent from the court; or
(2) interfere with the ready and prompt disposal of the judge's
judicial duties. As added by P.L.98-2004, SEC.13.
IC 33-34-2-8 Retirement fund; eligibility
Sec. 8. The:
(1) judge of a small claims court; and
(2) employees of the court;
may be eligible to participate in the public employees' retirement
fund as provided in IC 5-10.3, but a judge is not eligible to
participate as a member in the judges' retirement fund under
IC 33-38. As added by P.L.98-2004, SEC.13.
IC 33-34-2-9 Vacations
Sec. 9. (a) A vacation of one (1) month per year shall be provided
for a judge who serves in a full-time capacity.
(b) The circuit court judge may authorize the appointment of a
judge pro tempore to handle the judicial business of the vacationing
judge, if the circuit court judge considers it necessary. As added by P.L.98-2004, SEC.13.
IC 33-34-2-10 Discipline
Sec. 10. (a) A judge is subject to disciplinary action for the
grounds and in the manner set forth in IC 33-38-14.
(b) The commission on judicial qualifications for judges of the
superior and probate courts is the commission on judicial
qualifications for the judges of the small claims courts. As added by P.L.98-2004, SEC.13.
IC 33-34-2-11 Oath
Sec. 11. Before assuming the duties of a judge, a judge must take
an oath to:
(1) faithfully perform the duties of the judge's office; and
(2) support and defend to the best of the judge's ability the
constitution and laws of Indiana and the United States. As added by P.L.98-2004, SEC.13.
IC 33-34-2-12 Bond
Sec. 12. (a) A judge shall:
(1) furnish a bond in a sum required by the circuit court judge
to provide for the:
(A) faithful discharge of the duties of the office; and
(B) payment or delivery to the proper persons of whatever
money or other property may come into the judge's hands
when acting as judge; and
(2) file the bond with the county recorder.
The bond must also extend to cover a person that is appointed to act
as judge under IC 33-34-5-4. As added by P.L.98-2004, SEC.13.
IC 33-34-2-13 Seal
Sec. 13. (a) A judge shall procure a seal that will stamp upon
paper a distinct impression of words and letters. The seal must
contain the words "____________ Township of Marion County
Small Claims Court" (insert the name of the township in the blank).
(b) Deeds, mortgages, powers of attorney, state warrants, and all
other instruments of writing pertaining to the judge's official duty,
attested by the seal and signature of the judge, are presumptive
evidence of the official character of the court or judge in all courts
in Indiana without further authentication. As added by P.L.98-2004, SEC.13.
IC 33-34-2-14 Resignation
Sec. 14. (a) The resignation of a judge shall be delivered to the
clerk of the circuit court. The clerk shall advise the circuit court and
appropriate township board.
(b) A vacancy occurring in a judgeship must be filled under
IC 3-13-10.
As added by P.L.98-2004, SEC.13.
