IC 33-35-1
Chapter 1. Establishment; Election of Judges
IC 33-35-1-1 Authority to establish or abolish; election of judge; notice
Sec. 1. (a) During 2006 and every fourth year after that, a second
or third class city or a town may by ordinance establish or abolish a
city or town court. An ordinance to establish a city or town court
must be adopted not less than one (1) year before the judge's term
would begin under section 3 of this chapter.
(b) The judge for a court established under subsection (a) shall be
elected under IC 3-10-6 or IC 3-10-7 at the municipal election in
November 2007 and every four (4) years thereafter.
(c) A court established under subsection (a) comes into existence
on January 1 of the year following the year in which a judge is
elected to serve in that court.
(d) A city or town court in existence on January 1, 1986, may
continue in operation until it is abolished by ordinance.
(e) A city or town that establishes or abolishes a court under this
section shall give notice of its action to the division of state court
administration of the office of judicial administration under
IC 33-24-6. As added by P.L.98-2004, SEC.14. Amended by P.L.164-2006,
SEC.141.
IC 33-35-1-2 Town court judge election in general election year; ordinance
Sec. 2. (a) This section applies to a town that:
(1) adopts an ordinance under IC 3-10-6-2.6; and
(2) subsequently adopts an ordinance to establish a town court
under section 1 of this chapter.
(b) Notwithstanding section 1 of this chapter, the judge of the
town court shall be elected at the next municipal election not
conducted in a general election year. The successors of the judge
shall be elected at the first general election following the municipal
election and every four (4) years thereafter. As added by P.L.98-2004, SEC.14.
IC 33-35-1-3 City or town court judge; term; bond
Sec. 3. (a) The judge of a city or town court shall be elected under
IC 3-10-6 or IC 3-10-7 by the voters of the city or town.
(b) Except as provided in subsections (c) and (d), the term of
office of a judge elected under this section is four (4) years,
beginning at noon January 1 after election and continuing until a
successor is elected and qualified.
(c) This subsection applies to a town that adopts an ordinance
under IC 3-10-6-2.6. The term of office of:
(1) a judge elected at the next municipal election not conducted
in a general election year is one (1) year; and
(2) the successors to the judge described in subdivision (1) is
four (4) years;
beginning at noon January 1 after election and continuing until a
successor is elected and qualified.
(d) This subsection applies to a town that adopts an ordinance
under IC 3-10-7-2.7. The term of office of:
(1) a judge elected at the next municipal election not conducted
in a general election year is three (3) years; and
(2) the successors to the judge described in subdivision (1) is
four (4) years;
beginning noon January 1 after election and continuing until a
successor is elected and qualified.
(e) Before beginning the duties of office, the judge shall, in the
manner prescribed by IC 5-4-1, execute a bond conditioned upon the
faithful discharge of the duties of office. As added by P.L.98-2004, SEC.14.
IC 33-35-1-4 City court judge; eligibility
Sec. 4. To be eligible to hold the office of city court judge, as
provided by Article 6, Section 6, of the Constitution of the State of
Indiana, the judge must be a resident of the city during the term of
office or the office becomes vacant. As added by P.L.98-2004, SEC.14.
IC 33-35-1-5 Town court judge; oath; bond
Sec. 5. Before beginning the duties of office, the judge of a town
court must:
(1) take and subscribe to the same oath of office as judges of
circuit courts; and
(2) execute a bond payable to the town in the penal sum of five
thousand dollars ($5,000), conditioned upon the faithful
performance of the duties of the judge's office with good and
sufficient surety.
The bond must be approved by the legislative body of the town and
filed in the office of the town clerk-treasurer. As added by P.L.98-2004, SEC.14.
IC 33-35-1-6 Interlocal agreements; ordinance violations
Sec. 6. A city or town that has not established a court under this
chapter may enter into an interlocal agreement under IC 36-1-7 with
a city or town that:
(1) has established a court under this chapter; and
(2) is located in the same judicial circuit as the city or town that
has not established a court;
to hear and dispose of ordinance violations that would otherwise
come under the jurisdiction of a court established by the city or town
under this chapter. As added by P.L.55-2010, SEC.1.
IC 33-35-1
Chapter 1. Establishment; Election of Judges
IC 33-35-1-1 Authority to establish or abolish; election of judge; notice
Sec. 1. (a) During 2006 and every fourth year after that, a second
or third class city or a town may by ordinance establish or abolish a
city or town court. An ordinance to establish a city or town court
must be adopted not less than one (1) year before the judge's term
would begin under section 3 of this chapter.
(b) The judge for a court established under subsection (a) shall be
elected under IC 3-10-6 or IC 3-10-7 at the municipal election in
November 2007 and every four (4) years thereafter.
(c) A court established under subsection (a) comes into existence
on January 1 of the year following the year in which a judge is
elected to serve in that court.
(d) A city or town court in existence on January 1, 1986, may
continue in operation until it is abolished by ordinance.
(e) A city or town that establishes or abolishes a court under this
section shall give notice of its action to the division of state court
administration of the office of judicial administration under
IC 33-24-6. As added by P.L.98-2004, SEC.14. Amended by P.L.164-2006,
SEC.141.
IC 33-35-1-2 Town court judge election in general election year; ordinance
Sec. 2. (a) This section applies to a town that:
(1) adopts an ordinance under IC 3-10-6-2.6; and
(2) subsequently adopts an ordinance to establish a town court
under section 1 of this chapter.
(b) Notwithstanding section 1 of this chapter, the judge of the
town court shall be elected at the next municipal election not
conducted in a general election year. The successors of the judge
shall be elected at the first general election following the municipal
election and every four (4) years thereafter. As added by P.L.98-2004, SEC.14.
IC 33-35-1-3 City or town court judge; term; bond
Sec. 3. (a) The judge of a city or town court shall be elected under
IC 3-10-6 or IC 3-10-7 by the voters of the city or town.
(b) Except as provided in subsections (c) and (d), the term of
office of a judge elected under this section is four (4) years,
beginning at noon January 1 after election and continuing until a
successor is elected and qualified.
(c) This subsection applies to a town that adopts an ordinance
under IC 3-10-6-2.6. The term of office of:
(1) a judge elected at the next municipal election not conducted
in a general election year is one (1) year; and
(2) the successors to the judge described in subdivision (1) is
four (4) years;
beginning at noon January 1 after election and continuing until a
successor is elected and qualified.
(d) This subsection applies to a town that adopts an ordinance
under IC 3-10-7-2.7. The term of office of:
(1) a judge elected at the next municipal election not conducted
in a general election year is three (3) years; and
(2) the successors to the judge described in subdivision (1) is
four (4) years;
beginning noon January 1 after election and continuing until a
successor is elected and qualified.
(e) Before beginning the duties of office, the judge shall, in the
manner prescribed by IC 5-4-1, execute a bond conditioned upon the
faithful discharge of the duties of office. As added by P.L.98-2004, SEC.14.
IC 33-35-1-4 City court judge; eligibility
Sec. 4. To be eligible to hold the office of city court judge, as
provided by Article 6, Section 6, of the Constitution of the State of
Indiana, the judge must be a resident of the city during the term of
office or the office becomes vacant. As added by P.L.98-2004, SEC.14.
IC 33-35-1-5 Town court judge; oath; bond
Sec. 5. Before beginning the duties of office, the judge of a town
court must:
(1) take and subscribe to the same oath of office as judges of
circuit courts; and
(2) execute a bond payable to the town in the penal sum of five
thousand dollars ($5,000), conditioned upon the faithful
performance of the duties of the judge's office with good and
sufficient surety.
The bond must be approved by the legislative body of the town and
filed in the office of the town clerk-treasurer. As added by P.L.98-2004, SEC.14.
IC 33-35-1-6 Interlocal agreements; ordinance violations
Sec. 6. A city or town that has not established a court under this
chapter may enter into an interlocal agreement under IC 36-1-7 with
a city or town that:
(1) has established a court under this chapter; and
(2) is located in the same judicial circuit as the city or town that
has not established a court;
to hear and dispose of ordinance violations that would otherwise
come under the jurisdiction of a court established by the city or town
under this chapter. As added by P.L.55-2010, SEC.1.
IC 33-35-1
Chapter 1. Establishment; Election of Judges
IC 33-35-1-1 Authority to establish or abolish; election of judge; notice
Sec. 1. (a) During 2006 and every fourth year after that, a second
or third class city or a town may by ordinance establish or abolish a
city or town court. An ordinance to establish a city or town court
must be adopted not less than one (1) year before the judge's term
would begin under section 3 of this chapter.
(b) The judge for a court established under subsection (a) shall be
elected under IC 3-10-6 or IC 3-10-7 at the municipal election in
November 2007 and every four (4) years thereafter.
(c) A court established under subsection (a) comes into existence
on January 1 of the year following the year in which a judge is
elected to serve in that court.
(d) A city or town court in existence on January 1, 1986, may
continue in operation until it is abolished by ordinance.
(e) A city or town that establishes or abolishes a court under this
section shall give notice of its action to the division of state court
administration of the office of judicial administration under
IC 33-24-6. As added by P.L.98-2004, SEC.14. Amended by P.L.164-2006,
SEC.141.
IC 33-35-1-2 Town court judge election in general election year; ordinance
Sec. 2. (a) This section applies to a town that:
(1) adopts an ordinance under IC 3-10-6-2.6; and
(2) subsequently adopts an ordinance to establish a town court
under section 1 of this chapter.
(b) Notwithstanding section 1 of this chapter, the judge of the
town court shall be elected at the next municipal election not
conducted in a general election year. The successors of the judge
shall be elected at the first general election following the municipal
election and every four (4) years thereafter. As added by P.L.98-2004, SEC.14.
IC 33-35-1-3 City or town court judge; term; bond
Sec. 3. (a) The judge of a city or town court shall be elected under
IC 3-10-6 or IC 3-10-7 by the voters of the city or town.
(b) Except as provided in subsections (c) and (d), the term of
office of a judge elected under this section is four (4) years,
beginning at noon January 1 after election and continuing until a
successor is elected and qualified.
(c) This subsection applies to a town that adopts an ordinance
under IC 3-10-6-2.6. The term of office of:
(1) a judge elected at the next municipal election not conducted
in a general election year is one (1) year; and
(2) the successors to the judge described in subdivision (1) is
four (4) years;
beginning at noon January 1 after election and continuing until a
successor is elected and qualified.
(d) This subsection applies to a town that adopts an ordinance
under IC 3-10-7-2.7. The term of office of:
(1) a judge elected at the next municipal election not conducted
in a general election year is three (3) years; and
(2) the successors to the judge described in subdivision (1) is
four (4) years;
beginning noon January 1 after election and continuing until a
successor is elected and qualified.
(e) Before beginning the duties of office, the judge shall, in the
manner prescribed by IC 5-4-1, execute a bond conditioned upon the
faithful discharge of the duties of office. As added by P.L.98-2004, SEC.14.
IC 33-35-1-4 City court judge; eligibility
Sec. 4. To be eligible to hold the office of city court judge, as
provided by Article 6, Section 6, of the Constitution of the State of
Indiana, the judge must be a resident of the city during the term of
office or the office becomes vacant. As added by P.L.98-2004, SEC.14.
IC 33-35-1-5 Town court judge; oath; bond
Sec. 5. Before beginning the duties of office, the judge of a town
court must:
(1) take and subscribe to the same oath of office as judges of
circuit courts; and
(2) execute a bond payable to the town in the penal sum of five
thousand dollars ($5,000), conditioned upon the faithful
performance of the duties of the judge's office with good and
sufficient surety.
The bond must be approved by the legislative body of the town and
filed in the office of the town clerk-treasurer. As added by P.L.98-2004, SEC.14.
IC 33-35-1-6 Interlocal agreements; ordinance violations
Sec. 6. A city or town that has not established a court under this
chapter may enter into an interlocal agreement under IC 36-1-7 with
a city or town that:
(1) has established a court under this chapter; and
(2) is located in the same judicial circuit as the city or town that
has not established a court;
to hear and dispose of ordinance violations that would otherwise
come under the jurisdiction of a court established by the city or town
under this chapter. As added by P.L.55-2010, SEC.1.
