Ind. Code ch. 33-33-49

Ind. Code ch. 33-33-49
in effect

Ind. Code § 33-33-49-1 Application

Sec. 1. IC 33-29-1 does not apply to this chapter. [2004 Recodification Citation: New.] As added by P.L.98-2004, SEC.12.

Ind. Code § 33-33-49-2 Judicial circuit; magistrate

Sec. 2. (a) Marion County constitutes the nineteenth judicial circuit. (b) The judge of the Marion circuit court may appoint one (1) full-time magistrate under IC 33-23-5 to serve the circuit court. The magistrate continues in office until removed by the judge. [Pre-2004 Recodification Citation: 33-4-1-49.] As added by P.L.98-2004, SEC.12. Amended by P.L.17-2016, SEC.1.

Ind. Code § 33-33-49-3 "City-county council" defined

Sec. 3. As used in this chapter, "city-county council" refers to the Indianapolis, Marion County city-county council. [Pre-2004 Recodification Citation: 33-5.1-1-2.] As added by P.L.98-2004, SEC.12.

Ind. Code § 33-33-49-4 "Clerk" defined

Sec. 4. As used in this chapter, "clerk" refers to the clerk of the Marion superior court. [Pre-2004 Recodification Citation: 33-5.1-1-3.] As added by P.L.98-2004, SEC.12.

Ind. Code § 33-33-49-5 "Court" defined

Sec. 5. As used in this chapter, "court" refers to the Marion superior court. [Pre-2004 Recodification Citation: 33-5.1-1-4.] As added by P.L.98-2004, SEC.12.

Ind. Code § 33-33-49-5.5 "Full court"

Sec. 5.5. As used in this chapter, "full court" means the total of all Marion Superior Court judges who are appointed and serving as judges. As added by P.L.76-2026, SEC.3.

Ind. Code § 33-33-49-6 Establishment; qualification of judges; residency

Sec. 6. (a) There is established a superior court in Marion County. The court consists of: (1) thirty-five (35) judges beginning January 1, 2007, and ending December 31, 2008; and (2) thirty-six (36) judges beginning January 1, 2009. (b) To be qualified to serve as a judge of the court, a person must be, at the time the person applies to fill a vacancy or files for retention: (1) a resident of Marion County; and (2) an attorney who has been admitted to the bar of Indiana for at least five (5) years. (c) During the term of office, a judge of the court must remain a resident of Marion County. [Pre-2004 Recodification Citation: 33-5.1-2-1.] As added by P.L.98-2004, SEC.12. Amended by P.L.80-2006, SEC.12; P.L.245-2017, SEC.6.

Ind. Code § 33-33-49-7 Name

Sec. 7. The court must be named the Marion superior court. [Pre-2004 Recodification Citation: 33-5.1-2-2.] As added by P.L.98-2004, SEC.12.

Ind. Code § 33-33-49-8 Seal

Sec. 8. The court must have a seal consisting of a circular disk containing the words, "Marion Superior Court", "Indiana", and "Seal", and a design as the court may determine, an impression of which must be spread of record upon the order book of the court. [Pre-2004 Recodification Citation: 33-5.1-2-3.] As added by P.L.98-2004, SEC.12.

Ind. Code § 33-33-49-9 Repealed

[Pre-2004 Recodification Citation: 33-5.1-2-4.] As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.

Ind. Code § 33-33-49-10 Court of record; force and effect of judgments, decrees, and orders

Sec. 10. The court is a court of record. The court's judgments, decrees, orders, and proceedings have the same effect and shall be enforced in the same manner as those of the circuit court. [Pre-2004 Recodification Citation: 33-5.1-2-5.] As added by P.L.98-2004, SEC.12.

Ind. Code § 33-33-49-11 Powers and authority; removal of chief judge; incidental powers of judges

Sec. 11. (a) The court may adopt rules for conducting the business of the court. Any local rule that conflicts with this chapter is invalid. (b) Action of the court to remove a member of the executive committee, including the chief judge, may only be taken by an affirmative vote of eighty-five percent (85%) of the full court serving at the time the vote is taken. (c) The court has all the powers incident to a court of record in relation to the attendance of witnesses, punishment of contempts, and enforcement of the court's orders. The judges may administer oaths, solemnize marriages, take and certify acknowledgments of deeds and all legal instruments, and to give all necessary certificates for the authentication of the records and proceedings in the court. [Pre-2004 Recodification Citation: 33-5.1-2-6.] As added by P.L.98-2004, SEC.12. Amended by P.L.76-2026, SEC.4.

Ind. Code § 33-33-49-12 Orders, writs, appointments, and commissions

Sec. 12. The court may do the following: (1) Grant restraining orders and injunctions. (2) Issue writs of habeas corpus. (3) Appoint receivers, masters, and commissioners to: (A) convey real property; (B) grant commissions for the examination of witnesses; and (C) appoint other officers necessary to transact the business of the court. [Pre-2004 Recodification Citation: 33-5.1-2-7.] As added by P.L.98-2004, SEC.12.

Ind. Code § 33-33-49-13 Repealed

[Pre-2004 Recodification Citation: 33-5.1-2-8.] As added by P.L.98-2004, SEC.12. Amended by P.L.58-2005, SEC.35; P.L.2-2005, SEC.93; P.L.80-2006, SEC.13; P.L.1-2006, SEC.504; P.L.164-2006, SEC.140. Repealed by P.L.245-2017, SEC.7.

Ind. Code § 33-33-49-13.1 Marion County judicial selection committee; duties; open records; reporting requirement

Sec. 13.1. (a) As used in this chapter: (1) "close relative" has the meaning set forth in IC 33-23-11-2; and (2) "committee" refers to the Marion County judicial selection committee established by subsection (b). (b) The Marion County judicial selection committee is established to: (1) select nominees for the court; and (2) make determinations concerning the suitability of a judge to continue to hold judicial office. (c) The committee consists of the following fourteen (14) members: (1) Four (4) members who reside in Marion County, appointed as follows: (A) One (1) member appointed by the speaker of the house of representatives. (B) One (1) member appointed by the minority leader of the house of representatives. (C) One (1) member appointed by the president pro tempore of the senate. (D) One (1) member appointed by the minority leader of the senate. A person appointed under this subdivision may not be a member of the general assembly. (2) Two (2) attorneys who reside in Marion County and practice primarily in the areas of criminal, juvenile, or family law or business and commercial law, appointed by the governor. (3) Two (2) attorneys who reside in Marion County and practice primarily in the areas of criminal, juvenile, or family law or business and commercial law, appointed by the chief justice of the supreme court. (4) Two (2) members appointed by the chairperson of each major political party (as defined by IC 3-5-2.1-62(2)) in Marion County. Each of the four (4) members appointed under this subdivision must reside in Marion County and must reflect the diversity and makeup of Marion County. (5) The chief judge of the Indiana Court of Appeals or a designee of the chief judge who is a judge of the Indiana Court of Appeals. The chief judge or chief judge's designee serves as the vice chairperson of the committee ex officio. (6) The chief justice of Indiana or a designee of the chief justice who is a justice of the Indiana Supreme Court. The chief justice or chief justice's designee serves as the chairperson of the committee ex officio. (d) If a member of the committee is employed by a law firm, no other person employed by the same law firm may be appointed to the committee. (e) A member of the committee may not be: (1) a current or former judge of the Marion superior or circuit court; (2) a current or former judicial officer appointed by the Marion superior or circuit court; (3) a current or former employee of the Marion superior or circuit court; or (4) a close relative of anyone who: (A) currently works in a position described in subdivision (1), (2), or (3); or (B) has held a position described in subdivision (1), (2), or (3) within the previous six (6) years. This subsection does not apply to a member appointed under subsection (c)(5) or (c)(6). (f) All attorney members of the committee must be in active and good standing with the Indiana Supreme Court. (g) Except as provided in subsection (v), each member of the committee who is not an ex officio member serves a four (4) year term. A member of the committee may be reappointed for one (1) or more additional four (4) year terms but a member cannot serve consecutive terms. (h) If a vacancy exists on the committee, the appointing authority who appointed the former member whose position has become vacant shall appoint an individual to fill the vacancy and serve the remainder of the unexpired term. (i) An ex officio member of the committee ceases to be a member of the committee at the time the person no longer holds the office that entitles the person to be a member of the committee. (j) A member of the committee described in subsection (c)(1) through (c)(4) who no longer resides in Marion County is considered to have resigned from the committee. A member of the committee who no longer resides in Marion County shall notify the chairperson in writing of the member's change in residence. (k) A quorum consists of nine (9) members of the committee. (l) The affirmative votes of nine (9) members of the committee are required for the committee to take official action with respect to any candidate for judicial office. (m) The committee shall: (1) nominate judicial candidates for the court in accordance with section 13.4 of this chapter; and (2) make determinations concerning the suitability of a judge to continue to hold judicial office in accordance with sections 13.7 and 13.8 of this chapter. (n) The committee meets upon the call of the chairperson. (o) The committee shall meet in the Indiana statehouse or in any other appropriate location in Marion County, as determined by the chairperson. (p) Except as otherwise provided in subsection (q) or otherwise provided in this chapter, the committee may adopt its own policies and operating procedures. The policies and procedures must comply with IC 5-14-1.5 (the open door law) and this chapter, and must include procedures by which eligible candidates for a vacancy on the court may submit their names to the committee. The policies and procedures are public records, and the meetings of the committee at which the policies and procedures are considered for initial adoption or amendment must be publicly announced and open to the public. Applications of candidates for judicial appointment are public records. (q) Notwithstanding IC 5-14-1.5-2, the committee is a public agency for the purposes of IC 5-14-1.5. The committee may meet in executive session under IC 5-14-1.5-6.1 for the consideration of a candidate for appointment to or retention on the court if: (1) notice of the executive session is given in the manner prescribed by IC 5-14-1.5-5; and (2) all interviews of candidates are conducted at meetings open to the public. (r) Notwithstanding IC 5-14-3-4, all public records (as defined in IC 5-14-3-2) of the committee are subject to IC 5-14-3-3, including records described in IC 5-14-3-4(b)(12). However, the following records are excepted from public inspection and copying at the discretion of the committee: (1) Personnel files of committee employees and members and files of applicants for employment with the committee to the extent permitted under IC 5-14-3-4(b)(8). (2) Records specifically prepared for discussion or developed during discussion in an executive session under IC 5-14-1.5-6.1, unless the records are prepared for use in the consideration of a candidate for retention or judicial appointment. (3) Investigatory records prepared for the committee until: (A) the records are considered in connection with the consideration of a candidate; (B) the records are publicly discussed by the committee in connection with the consideration of a candidate; (C) a candidate elects to have the records released by the committee; or (D) the committee elects to release the records that the committee considers appropriate in response to publicly disseminated statements relating to the activities or actions of the committee; whichever occurs first. (4) The work product of an attorney (as defined in IC 5-14-3-2) representing the committee. (s) When an event described by subsection (r)(3) occurs, the investigatory record becomes available for public inspection and copying under IC 5-14-3-3. (t) A former member of the committee may not be nominated as a judge of the court if the person has served as a member of the committee within the previous five (5) years. (u) On or before July 1, 2027, and July 1 biennially thereafter, the committee shall submit a report to the executive director of the legislative services agency, in an electronic format under IC 5-14-6, for review by the interim committee on government in accordance with IC 1-1-15.5-4 and IC 2-5-1.3-13(g). The report shall describe: (1) official action taken; and (2) actionable items considered; by the committee during the preceding two (2) years. (v) This subsection applies only to members appointed under this section as in effect before the amendments made by HEA 1033-2026. The term of a member appointed under subsection (c)(1)(A), (c)(1)(B), (c)(2), and (c)(4) and one (1) member of each political party appointed under subsection (c)(6), as in effect before the amendments made by HEA 1033-2026, expires on June 30, 2026. The term of a member appointed under subsection (c)(1)(C), (c)(1)(D), (c)(3), and (c)(5) and one (1) member of each political party appointed under subsection (c)(6), as in effect before the amendments made by HEA 1033-2026, expires on June 30, 2028. A member removed from the committee under this subsection who has served less than four (4) years of the member's term may be reappointed for a consecutive term. This subsection expires July 1, 2028. (w) The term of a member appointed under subsection (c)(1)(A), (c)(1)(B), one (1) member appointed under subsection (c)(2) and (c)(3), and one (1) member of each major political party appointed under subsection (c)(4) begins on July 1, 2026. The term of a member appointed under subsection (c)(1)(C), (c)(1)(D), one (1) member appointed under subsection (c)(2) and (c)(3), and one (1) member of each major political party appointed under subsection (c)(4) begins on July 1, 2028. As added by P.L.245-2017, SEC.8. Amended by P.L.161-2025, SEC.30; P.L.186-2025, SEC.173; P.L.76-2026, SEC.5.

Ind. Code § 33-33-49-13.2 Term of office; retention classes; vacancy

Sec. 13.2. (a) Each judge of the court shall serve a term of six (6) years. A judge shall be appointed at large for the office of judge of the court and not as the judge of a particular room or division of the court. (b) The thirty-six (36) judges of the court shall be divided into two (2) retention classes. (c) Retention class A consists of the twenty (20) judges whose terms expire on December 31, 2018. (d) Retention class B consists of the sixteen (16) judges whose terms expire on December 31, 2020. (e) A newly appointed judge is assigned to the retention class of the judge's predecessor. (f) If a newly appointed judge is appointed to fill a vacancy during the same year the vacating judge's term would otherwise expire, the term of the newly appointed judge shall expire on December 31 of the sixth full year following the newly appointed judge's appointment. As added by P.L.245-2017, SEC.9. Amended by P.L.76-2026, SEC.6.

Ind. Code § 33-33-49-13.3 Retention procedures

Sec. 13.3. (a) The retention in office of a sitting judge of the court shall be approved or rejected by the electorate of Marion County in accordance with this section. (b) A judge who has been found eligible for retention by the committee under section 13.7 or 13.8 of this chapter and wishes to be retained in office shall file a statement with the clerk and secretary of state during the period described in IC 3-8-2-4 during which a declaration of candidacy must be filed in the year in which the judge's term expires. The judge's statement must include the following information: (1) A statement indicating that the judge wishes to have the question of the judge's retention placed on the ballot. (2) A statement of the judge's name as: (A) the judge wants the judge's name to appear on the ballot; and (B) a candidate's name is permitted to appear on the ballot under IC 3-5-7. (3) If the judge is affiliated with a political party, the name of that political party. The judge may indicate in the statement that the judge is not affiliated with a political party. For purposes of this subdivision, a judge's affiliation with a political party is determined as provided in IC 3-8-2-7(a)(4). (4) A statement that the judge requests that the name on the judge's voter registration record be the same as the name the judge uses on the statement. If there is a difference between the name on the judge's statement and the name on the judge's voter registration record, the clerk shall change the name on the judge's voter registration record to be the same as the name on the judge's statement. If a judge does not file a statement under this subsection with both the clerk and the secretary of state, the clerk shall, not later than March 1, notify the Marion County judicial selection committee in writing that the judge does not wish to continue in office after the end of the judge's term of office. (c) The term of a judge: (1) who does not file statements under subsection (b); and (2) whose term expires during the year in which the question of the retention of the judge would have been placed on the general election ballot; expires December 31 of the year in which the question of the judge's retention would have been placed on the ballot. (d) A judge may not appear on the ballot for retention if the committee has determined that the judge is not suitable to retain office. If the question of a judge's retention is required to be on the ballot at a general election, the question of approval or rejection of the judge's retention shall be placed on the general election ballot in the form prescribed by IC 3-11-2 and must state: "Shall Judge (insert here the name of the judge as stated under subsection (b)(2)) be retained in office?". If a majority of the ballots cast by the electors voting on the question is "Yes", the judge whose name appears on the question shall be approved for a six (6) year term beginning January 1 following the general election as provided in section 13.2 of this chapter. If a majority of the ballots cast by the electors voting on the question is not "Yes", the following apply: (1) Retention of the judge whose name appears on the question is rejected. (2) The office of the rejected judge becomes vacant on January 1 following the rejection. (3) The vacancy shall be filled in accordance with this chapter. As added by P.L.245-2017, SEC.10. Amended by P.L.76-2026, SEC.7.

Ind. Code § 33-33-49-13.4 Judicial selection committee nomination procedure

Sec. 13.4. (a) When the committee learns that a vacancy exists or will exist on the court, the committee shall nominate five (5) candidates to the governor to fill the vacancy in accordance with this section. (b) In making a nomination under this section or a recommendation concerning retention under section 13.7 of this chapter, the committee shall consider the following factors with respect to a candidate: (1) Law school record, including any academic honors and achievements. (2) Contribution to scholarly journals and publications, legislative drafting, and legal briefs. (3) Activities in public service, including: (A) writings and speeches concerning public or civic affairs that 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) Personality traits, including the exercise of sound judgment, ability to compromise and conciliate, patience, decisiveness, and dedication. (7) Membership on boards of directors, financial interest, and any other consideration that might create conflict of interest with a judicial office. (8) Any other pertinent information that the committee feels is important in selecting the best qualified individuals for judicial office. (9) Information from the supreme court disciplinary commission or the commission on judicial qualifications regarding any disciplinary action pending or commenced before the commission, including but not limited to notices of inquiry, notices of investigation, filed charges, or resolutions. This information shall be received in executive session, is confidential, and is not subject to public access. (c) As soon as practicable after the committee learns of a vacancy, the committee shall publicly announce that it is accepting applications from persons wishing to fill the vacancy. The committee shall determine the form and content of the application, establish a timetable for nominations, and schedule one (1) or more hearings to interview qualified applicants and select nominees to fill the vacancy. To the extent practicable, the committee shall endeavor to interview as many qualified applicants as possible. However, if a large number of applicants have applied to fill a vacancy, the committee may limit itself to interviewing only the most qualified applicants. The committee may conduct multiple interviews. At the conclusion of the interview process, the committee shall nominate five (5) of the most qualified candidates and forward their names to the governor, who shall, not later than sixty (60) days after the names of the candidates have been forwarded, appoint one (1) of the nominees as judge. If the committee is nominating candidates for more than one (1) vacancy within the same political party, the governor may appoint any of the nominated candidates to the vacancies. If the governor does not make an appointment within the sixty (60) day period described in this subsection, the chairperson of the committee shall appoint one (1) of the nominees as judge. (d) In no event may more than fifty-two percent (52%) of the judges serving on the Marion superior court be members of the same political party. As added by P.L.245-2017, SEC.11. Amended by P.L.76-2026, SEC.8.

Ind. Code § 33-33-49-13.5 Rights of municipal court judge serving as part-time judge on December 31, 1997; conditions; part-time judge standing for election; effect of ethics determinations

Sec. 13.5. (a) The municipal court judge: (1) whose term expires December 31, 1997; and (2) who is serving as a part-time judge on December 31, 1997; is entitled to continue serving as a part-time judge of the Marion superior court established under IC 33-5.1-2 (before its repeal, now codified at IC 33-33-49-6). The municipal court judge whose term expires December 31, 1997, and who is serving as a part-time judge on that date is entitled to continue serving as a part-time judge of the Marion superior court established under IC 33-5.1-2 (before its repeal, now codified at IC 33-33-49-6) until midnight December 31, 2000. (b) The following apply to the part-time judge described in subsection (a): (1) The judge may not practice criminal law in the Marion superior court but may practice civil law in the Marion superior court. (2) The judge may convert to full-time status at any time. (3) The annual salary of the part-time judge shall be equal to the sum of forty percent (40%) of the salary of a full-time superior court judge. The salary of the part-time judge shall be paid on a percentage basis from the same sources providing the salary of a full-time superior court judge. (c) If the judge serving as part-time judge of the Marion superior court stands for election in the general election held November 7, 2000, and any subsequent election, and is elected as judge of the Marion superior court, the judge may continue to serve as a part-time judge, subject to the provisions of subsection (b). (d) If it is determined in a judicial ethics action that the judge serving as part-time judge of the Marion superior court may not engage in the practice of civil law before the Marion superior court, the cases in which the judge has entered an appearance or filed any pleadings shall be transferred to the Marion circuit court for further proceedings. The judge may continue to participate in the cases transferred to the circuit court. Cases transferred to the circuit court under this subsection have the same effect as if originally filed in or issued by the Marion circuit court. As added by P.L.220-2011, SEC.535. Amended by P.L.6-2012, SEC.213.

Ind. Code § 33-33-49-13.7 Suitability for retention

Sec. 13.7. (a) This section applies to each sitting judge who wishes to stand for retention under section 13.3 of this chapter in 2027 and each year following. (b) Before a judge is eligible to stand for retention under section 13.3 of this chapter, the judge must appear, in person, before the committee to permit the committee to determine the judge's suitability to continue to hold judicial office. If a judge does not appear before the committee as required by this subsection, the committee shall provide notice to the clerk that the question of the judge's retention may not be on the ballot. (c) Before a judge files a statement under section 13.3 of this chapter that the judge wishes to be retained in office, the judge shall: (1) notify the committee that the judge wishes to be retained in office; and (2) provide the committee with a written statement describing the judge's qualifications and suitability to continue to hold judicial office, with particular emphasis on the matters described in section 13.4(b) of this chapter. (d) After receiving the materials described in subsection (c), the committee shall promptly schedule an in-person hearing to consider the materials submitted by the judge and interview the judge. The hearings shall be held in a public hearing and shall be scheduled with sufficient time for the committee to make a determination and allow the judge to meet the filing deadline required by section 13.3(b) of this chapter. The committee shall meet in executive session when deliberating as to the suitability of a judge wishing to retain judicial office. (e) A judge is presumed suitable to continue to hold judicial office. The affirmative votes of at least nine (9) committee members are required to find that a judge is not suitable to continue to hold judicial office. (f) If the committee finds that a judge is not suitable to continue to hold judicial office, the judge shall not be retained beyond the conclusion of the judge's current term and the judge shall be replaced as provided under section 13.4 of this chapter. (g) If the committee finds that a judge is suitable to continue to hold judicial office, the judge may be retained subject to the approval of the electorate of Marion County under section 13.3 of this chapter. (h) The committee shall provide notice to the clerk of each decision made under subsection (f) or (g). If a judge has not been found suitable for retention under this section, the clerk shall not include the question of the judge's retention on the ballot. (i) Subject to section 13.1 of this chapter, the committee may adopt policies and operating procedures to implement this section. As added by P.L.245-2017, SEC.12. Amended by P.L.76-2026, SEC.9.

Ind. Code § 33-33-49-13.8 Retention for judicial office

Sec. 13.8. (a) This section applies to each sitting judge who wishes to stand for retention under section 13.3 of this chapter in 2026. (b) Before a judge may stand for retention under section 13.3 of this chapter in 2026, the judge must appear, in person, before the committee to permit the committee to determine the judge's suitability to continue to hold judicial office. (c) Not later than March 1, 2026, the judge shall: (1) notify the committee that the judge wishes to be retained in office; and (2) provide the committee with a written statement describing the judge's qualifications and suitability to continue to hold judicial office, with particular emphasis on the matters described in section 13.4(b) of this chapter. (d) After receiving the materials described in subsection (c), the committee shall promptly schedule an in-person hearing to consider the materials submitted by the judge and interview the judge. The hearings shall be: (1) held in executive session; and (2) scheduled with sufficient time for the committee to make a determination as to the judge's suitability to remain in office and provide notice to the clerk under subsection (h) not later than May 15, 2026. (e) A judge is presumed suitable to continue to hold judicial office. The affirmative votes of at least nine (9) committee members are required to find that a judge is not suitable to continue to hold judicial office. (f) If the committee finds that a judge is not suitable to continue to hold judicial office, the judge shall not be retained beyond the conclusion of the judge's current term and the judge shall be replaced through section 13.4 of this chapter. (g) If the committee finds that a judge is suitable to continue to hold judicial office, the judge may be retained subject to the approval of the electorate of Marion County under section 13.3 of this chapter. (h) The committee shall provide a notice to the clerk of each decision made under subsection (f) or (g). If a judge has not been found suitable for retention under this section, the clerk shall not include on the ballot the question of the judge's retention. (i) Subject to section 13.1 of this chapter, the committee may adopt policies and operating procedures to implement this section. (j) This section expires January 1, 2027. As added by P.L.76-2026, SEC.10.

Ind. Code § 33-33-49-14 Repealed

[Pre-2004 Recodification Citation: 33-5.1-2-9.] As added by P.L.98-2004, SEC.12. Amended by P.L.80-2006, SEC.14; P.L.142-2007, SEC.10; P.L.162-2020, SEC.10. Repealed by P.L.76-2026, SEC.11.

Ind. Code § 33-33-49-14.1 Executive committee; selection of members and chief judge; removal; division of court

Sec. 14.1. (a) This section applies to the selection of the executive committee in 2026 to begin serving a term starting on January 1, 2027, and selection of each executive committee thereafter. An executive committee comprised of four (4) superior court judges is responsible for the administrative operation and conduct of the court. Of the four (4) judges approved to comprise the executive committee, not more than two (2) may be members of the same political party. (b) Not later than November 15 of the final year of an executive committee's term, the full court shall meet to select four (4) candidates for the executive committee to start serving the next year. The candidates for the executive committee are selected by a vote of two-thirds (2/3) of the sitting judges who will hold office on January 1 of the next year. If all candidates for the executive committee cannot be filled by this two-thirds (2/3) vote, the member will be selected by the chair of the judicial selection committee established by section 13.1 of this chapter. (c) The four (4) candidates selected under subsection (b) shall be submitted to the chair of the judicial selection committee for approval. Not later than December 15 in the year in which the executive committee members are selected, the chair of the judicial selection committee may: (1) allow each new executive committee member to submit an application for the chief judge position; and (2) interview each new executive committee member. The chair of the judicial selection committee shall consider the feedback of incumbent executive committee members and superior court judges in an executive session and shall select one (1) member of the executive committee as the chief judge. A vacancy of the chief judge position shall be filled by the procedure established under this subsection. (d) If a vacancy occurs on the executive committee, not later than thirty (30) days after the vacancy exists: (1) a vote must be taken in the manner described in subsection (b) to select candidates to fill the vacancy; and (2) the candidates identified in subdivision (1) must be submitted to the chair of the judicial selection committee for approval. (e) Starting January 1, 2027, a member of the executive committee serves for a term of three (3) years. (f) The chair of the judicial selection committee may remove any member of the executive committee, including the chief judge, from the member's position on the executive committee for cause. The removal of a member from the executive committee under this subsection does not remove the member from judicial office. (g) The full court shall do the following: (1) Select candidates for the executive committee under subsection (b). (2) Approve local rules. (3) Approve the court's annual caseload allocation plan. (4) Review reports from the chief judge and executive committee. (h) All matters of trial dates, continuances, and subpoenas used for trial shall be determined by the trial judge in accordance with rules of the superior court. The executive committee shall perform duties required under this chapter as well as other duties as determined by rules of the court. (i) The court shall, by rules of the court, divide the work of the court into various divisions, including but not limited to the following: (1) Civil. (2) Criminal. (3) Family. (j) The work of each division shall be allocated by the rules of the court. (k) The court shall keep appropriate records of rules, orders, and assignments of the court. As added by P.L.76-2026, SEC.12.

Ind. Code § 33-33-49-14.5 Authority of executive committee

Sec. 14.5. (a) The executive committee selected under section 14.1 of this chapter shall have the authority to do the following: (1) Develop operational policies and determine the court's positions on public policy. (2) Serve as official representative of the court in interactions with government entities, the legal community, public, and media. (3) Advise and support judges in fulfilling their judicial responsibilities. (4) Assign cases, offices, and courtrooms for trial judges or reassign newly filed cases in the interests of the speedy, economical, and uniform disposition of cases. (5) Assign judges and judicial officers to certain courtrooms and reassign cases between judges to promote efficiency. (6) Establish and oversee administrative policies for personnel. (7) Oversee the court's financial management. (8) Hire and manage key court personnel. (9) Operate and maintain the juvenile detention facilities in the county. (10) Review the bond schedule set forth by the county at least once during each three (3) year term of the executive committee. (11) Create and publish a list of approved senior judges, temporary judges, and judges pro tempore that may be utilized by judges in the superior court. Senior judges, temporary judges, and judges pro tempore who are not approved by the executive committee may not be used. (12) In the absence of the chief judge, carry out the duties of that position. (13) Report actions of the executive committee to the full court. (14) Determine for the Marion superior and circuit courts: (A) operating hours; (B) holiday hours; and (C) all court and court facility closure decisions. Determinations made under this subdivision shall be made in consultation with the circuit court judge. (b) Each judge who is a member of the executive committee has an equal vote in all matters pertaining to the business of the court when an action requires a majority vote. If a tie vote occurs, the chief judge shall cast the tiebreaking vote. Any action taken by the executive committee may only be overruled by a vote of eighty-five percent (85%) of the full court sitting at the time the vote is taken. The reassignment of a judge to a different caseload requires a majority vote of the executive committee. The chief judge has authority to execute contracts approved by the executive committee. As added by P.L.76-2026, SEC.13.

Ind. Code § 33-33-49-15 Power and duties of executive committee; appointment of commissioners and magistrates

Sec. 15. (a) The executive committee shall determine the number of judicial officers and personnel required to efficiently serve the court. The salaries of the personnel shall be fixed and paid as provided by law. (b) The administrative officers shall perform the duties prescribed by the executive committee and shall operate under the jurisdiction of the executive committee and serve at the pleasure of the executive committee. (c) The executive committee shall see that the court at all times is amply provided with adequate resources necessary to effectively run court operations. Each judge shall appoint a judicial assistant who will also serve as the judge's official court reporter. All other staff assignments will be determined by the executive committee. The staffing requirements set forth in IC 33-29-1-5 do not apply to the Marion superior court. In addition to the specified duties required of the executive committee under this chapter, the executive committee shall exercise any other powers and duties necessary to aid in the operation of the court. The executive committee shall make decisions with consideration to the best interest of the court and the community. (d) Notwithstanding any other law, a commissioner appointed under this chapter has all of the powers and duties prescribed for a magistrate under IC 33-23-5. However, the provisions of IC 33-23-5-11 requiring the state to pay the salary of a magistrate do not require the state to pay the salary of a commissioner appointed under this chapter. (e) If a commissioner appointed under this chapter is appointed as a magistrate in Marion County, the salary of that magistrate shall be paid by the state under IC 33-23-5-11 in the same amount as other magistrates are paid. (f) The allocation of appointments of commissioners or magistrates under this chapter shall be determined by agreement between the executive committee and the judge of the circuit court with consideration given to the case load of each court. (g) The: (1) judge of the circuit court has exclusive authority to appoint commissioners or magistrates allocated to the circuit court; and (2) judges of the executive committee have exclusive authority to appoint commissioners or magistrates allocated to the superior court. (h) Not more than a simple majority of the commissioners or magistrates appointed under this chapter may be from the same political party. (i) A commissioner or magistrate appointed by the: (1) judge of the circuit court serves at the pleasure of the judge of the circuit court; and (2) executive committee of the superior court serves at the pleasure of the executive committee. [Pre-2004 Recodification Citation: 33-5.1-2-10.] As added by P.L.98-2004, SEC.12. Amended by P.L.71-2010, SEC.2; P.L.201-2011, SEC.76; P.L.106-2022, SEC.1; P.L.76-2026, SEC.14.

Ind. Code § 33-33-49-15.5 Commissioners and magistrates; hiring and employment

Sec. 15.5. (a) A commissioner or magistrate of the superior court shall be hired in a manner prescribed by the executive committee. (b) Commissioners and magistrates: (1) serve the entire superior court and not just the individual judge or judges to whom a commissioner or magistrate may be assigned; and (2) shall be available to serve any division or judge of the superior court as needed to ensure efficient administration of justice. (c) The executive committee has final authority for all employment decisions regarding commissioners or magistrates and shall establish procedures to carry out duties under this subsection. Employment decisions include the following: (1) Hiring. (2) Appointments and assignments. (3) Performance review. (4) Disciplinary matters. (5) Termination. (d) Prior to making an employment decision under subsection (c)(3) through (c)(5), the executive committee shall consult with any judge to whom the commissioner or magistrate has been assigned and shall give consideration to the opinion of the judge. When completing a performance review, the executive committee: (1) shall obtain information from sitting judges and court staff; and (2) may obtain information from attorneys who have appeared before the commissioner or magistrate; and may consider the information obtained under subdivisions (1) and (2). (e) Nothing in this section shall be construed to limit or modify the powers and duties of magistrates as prescribed under IC 33-23-5. The hiring and employment procedures established by this section shall apply to all commissioners or magistrates appointed under this chapter. As added by P.L.76-2026, SEC.15.

Ind. Code § 33-33-49-16 Judicial officer; probate matters; powers and duties

Sec. 16. An appointed judicial officer shall be vested by the judges of the family division with suitable powers for the handling of all probate matters of the court, including the following: (1) Fixing of all bonds. (2) Auditing accounts of estates, guardianships, and trusts. (3) Accepting reports, accounts, and settlements filed in the court. (4) Appointing personal representatives, guardians, and trustees. (5) Probating wills. (6) Taking or hearing evidence on or concerning matters described in this subsection or any other probate, guardianship, or trust matters in litigation before the court. (7) Enforcing court rules. (8) Making reports to the court concerning the judicial officer's doings in the proceedings described in this subsection, including reports concerning the judicial officer's findings and conclusions regarding the proceedings. [Pre-2004 Recodification Citation: 33-5.1-2-11.] As added by P.L.98-2004, SEC.12. Amended by P.L.162-2020, SEC.11; P.L.106-2022, SEC.2.

Ind. Code § 33-33-49-17 Sessions of court; facilities

Sec. 17. (a) The court shall hold sessions in: (1) the community justice campus in Indianapolis; and (2) other places in Marion County as the court determines. (b) The city-county council shall: (1) provide and maintain in the community justice campus and at other places in Marion County as the court may determine suitable and convenient courtrooms for the holding of the court, suitable and convenient jury rooms, and offices for the judges, other court officers and personnel, and other facilities as are necessary; and (2) provide all necessary furniture and equipment for rooms and offices of the court. [Pre-2004 Recodification Citation: 33-5.1-2-12.] As added by P.L.98-2004, SEC.12. Amended by P.L.162-2020, SEC.12.

Ind. Code § 33-33-49-18 Books, papers, and records of court

Sec. 18. The clerk, under the direction of the court, shall provide: (1) order books; (2) judgment dockets; (3) execution dockets; (4) fee books; and (5) other books, papers, and records; as are necessary for the court. All books, papers, and proceedings of the court shall be kept distinct and separate from those of other courts. [Pre-2004 Recodification Citation: 33-5.1-2-13.] As added by P.L.98-2004, SEC.12.

Ind. Code § 33-33-49-19 Single order book

Sec. 19. The court shall maintain a single order book for each division or room of the court that may be signed on behalf of the court by the judge of that division or room of the court. The signature of the judge authenticates the actions of the court. [Pre-2004 Recodification Citation: 33-5.1-2-14.] As added by P.L.98-2004, SEC.12.

Ind. Code § 33-33-49-20 Laws applicable to court

Sec. 20. All laws of Indiana and rules adopted by the supreme court governing the circuit court in matters of pleadings, practice, the issuing and service of process, the giving of notice, the appointing 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 apply to and govern the court. [Pre-2004 Recodification Citation: 33-5.1-2-15.] As added by P.L.98-2004, SEC.12.

Ind. Code § 33-33-49-21 Repealed

[Pre-2004 Recodification Citation: 33-5.1-2-16.] As added by P.L.98-2004, SEC.12. Repealed by P.L.118-2007, SEC.38.

Ind. Code § 33-33-49-22 Appeals

Sec. 22. A party may appeal an order or a judgment of the court in any case where an appeal may be had from a similar order or judgment of the circuit court. [Pre-2004 Recodification Citation: 33-5.1-2-17.] As added by P.L.98-2004, SEC.12.

Ind. Code § 33-33-49-23 Process

Sec. 23. The process of the court must have the seal affixed. The process must be attested, directed, served, returned, and in the form as provided for process issuing from the circuit court. [Pre-2004 Recodification Citation: 33-5.1-2-18.] As added by P.L.98-2004, SEC.12.

Ind. Code § 33-33-49-24 Transfer of cases from circuit court

Sec. 24. The judge of the Marion circuit court may, with the consent of the court acting through the superior court chief judge under rules adopted by the court, transfer any action, cause, or proceeding filed and docketed in the circuit court to the court by transferring all original papers and instruments filed in that action, cause, or proceeding without further transcript to be redocketed and disposed of as if originally filed with the court. [Pre-2004 Recodification Citation: 33-5.1-2-19.] As added by P.L.98-2004, SEC.12. Amended by P.L.76-2026, SEC.16.

Ind. Code § 33-33-49-25 Transfer of cases to circuit court

Sec. 25. The chief judge may, with the consent of the judge of the Marion circuit court and under rules adopted by the court, transfer any action, cause, or proceeding without further transcript to be redocketed and disposed of as if originally filed with the Marion circuit court. [Pre-2004 Recodification Citation: 33-5.1-2-20.] As added by P.L.98-2004, SEC.12. Amended by P.L.76-2026, SEC.17.

Ind. Code § 33-33-49-26 Authority of circuit judge to sit in superior court

Sec. 26. The judge of the Marion circuit court may sit as a judge of the court, with the court's permission, in all matters pending before the court, without limitation and without any further order, in the same manner as a judge of the court with all the rights and powers of an elected judge of the court. [Pre-2004 Recodification Citation: 33-5.1-2-21.] As added by P.L.98-2004, SEC.12.

Ind. Code § 33-33-49-27 Oath

Sec. 27. Each judge, before entering upon the duties of office, shall take and subscribe the following oath or affirmation: "I solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of Indiana and that I will faithfully discharge the duties of judge of the superior court of Marion County to the best of my ability.". The oath shall be filed with the clerk of the county. [Pre-2004 Recodification Citation: 33-5.1-2-22.] As added by P.L.98-2004, SEC.12.

Ind. Code § 33-33-49-28 Judicial notice

Sec. 28. The court shall take judicial notice of all matters of which courts of general jurisdiction of Indiana are required to take judicial notice. The court shall also take judicial notice of all general ordinances of each city or municipality located in the county. [Pre-2004 Recodification Citation: 33-5.1-2-23.] As added by P.L.98-2004, SEC.12.

Ind. Code § 33-33-49-29 Costs of appeals

Sec. 29. (a) When an appeal is taken from the court in criminal cases or proceedings under IC 34-28-5 (or IC 34-4-32 before its repeal), the amount of costs charged must be certified as a part of the transcript and charged as part of the costs in the court to which the appeal or proceeding is taken. The costs are in addition to any other clerk's service fee required by law. (b) All costs charged in the court hearing or in the court trying an appeal must be charged and adjudged upon the hearing or trial in the appeal against a defendant who is convicted or who pleads guilty. (c) In an appeal under this section, the defendant shall pay a transcript fee of thirty-five dollars ($35) before the appeal may be transferred from the superior court. [Pre-2004 Recodification Citation: 33-5.1-2-24.] As added by P.L.98-2004, SEC.12.

Ind. Code § 33-33-49-30 Conditions of continued qualification for office of judge; complaints; retirement; vacancies

Sec. 30. (a) Subject to section 13.7 of this chapter, a judge remains qualified to hold office as long as the judge: (1) remains fair and impartial in judicial functions; (2) remains physically and mentally capable of performing all the functions and duties of the office of judge; and (3) continues to reside in Marion County. (b) Complaints against a judge must be forwarded to the commission on judicial qualifications as provided in IC 33-38-13 by any judge of the superior court. (c) If the judge wishes to retire before the judge's term has ended, the judge shall provide written notice to the chief judge of the court. (d) When a vacancy occurs in the court by death, removal, retirement, or for any other reason, a successor judge shall be appointed as described in section 13.4 of this chapter. The successor judge must be a member of the same political party as the judge who is to be succeeded. [Pre-2004 Recodification Citation: 33-5.1-2-25.] As added by P.L.98-2004, SEC.12. Amended by P.L.161-2011, SEC.9; P.L.201-2011, SEC.77; P.L.106-2022, SEC.3; P.L.76-2026, SEC.18.

Ind. Code § 33-33-49-31 Repealed

[Pre-2004 Recodification Citation: 33-5.1-2-26.] As added by P.L.98-2004, SEC.12. Repealed by P.L.76-2026, SEC.19.

Ind. Code § 33-33-49-32 Appointment of magistrates; transfer of proceeding back to judge

Sec. 32. (a) The executive committee may appoint twenty-eight (28) full-time magistrates under IC 33-23-5 after December 31, 2025, not more than fourteen (14) of whom may be from the same political party. (b) The magistrates continue in office until removed in accordance with section 15.5 of this chapter. (c) A party to a superior court proceeding that has been assigned to a magistrate appointed under this section may request that an elected judge of the superior court preside over the proceeding instead of the magistrate to whom the proceeding has been assigned. A request under this subsection must be in writing and must be filed with the court: (1) in a civil case, not later than: (A) ten (10) days after the pleadings are closed; or (B) thirty (30) days after the case is entered on the chronological case summary, in a case in which the defendant is not required to answer; or (2) in a criminal case, not later than ten (10) days after the omnibus date. Upon a timely request made under this subsection by either party, the magistrate to whom the proceeding has been assigned shall transfer the proceeding back to the superior court judge. [Pre-2004 Recodification Citation: 33-5.1-2-27.] As added by P.L.98-2004, SEC.12. Amended by P.L.33-2005, SEC.1; P.L.80-2006, SEC.15; P.L.100-2013, SEC.1; P.L.173-2015, SEC.9; P.L.129-2017, SEC.2; P.L.53-2019, SEC.1; P.L.123-2021, SEC.9; P.L.76-2026, SEC.20.

Ind. Code § 33-33-49-33 Court administrator

Sec. 33. (a) The executive committee selected under section 14 of this chapter (before its repeal) or section 14.1 of this chapter shall employ a court administrator to administer the business activities of the court. A court administrator is subject to rules of the court and oversight by the executive committee. (b) The salary of the court administrator shall be set by the executive committee. [Pre-2004 Recodification Citation: 33-5.1-3-1.] As added by P.L.98-2004, SEC.12. Amended by P.L.33-2005, SEC.2; P.L.76-2026, SEC.21.

Ind. Code § 33-33-49-34 Books, papers, and records of the court; forms

Sec. 34. (a) The clerk of the superior court shall furnish the following: (1) All blanks, forms, and papers required for use in all criminal cases and in all civil actions involving actions by a city or town for violations of municipal penal ordinances. (2) All books, papers, stationery, furniture, and other equipment and supplies necessary for keeping the records of the proceedings in all rooms of the superior court and for the transaction of all business of the court. (3) Necessary computerization of court records. (b) The materials required under this section shall be furnished at the expense of the county. (c) The chief judge of the court, by an order entered on the court records signed by the chief judge, shall determine and prescribe the forms of the following: (1) All summonses, notices, subpoenas, warrants, affidavits, complaints, writs, and all other papers and anything else required to be used in the cases relating to violations of criminal statutes or municipal ordinances. (2) All other books, records, papers, and documents to be used by the court and by the officers of the court and the prosecutors. In the absence of an order under this subsection, those charged with the duty of prosecuting cases involving either criminal offenses or the violation of municipal ordinances may adopt, change, order, and use all necessary forms and instruments as conform substantially to the practice and procedure applicable. [Pre-2004 Recodification Citation: 33-5.1-3-2.] As added by P.L.98-2004, SEC.12. Amended by P.L.76-2026, SEC.22.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/33Fetched: 10/17/2026