IN THE

SUPREME COURT OF INDIANA

IN THE MATTER OF                            )

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THE APPOINTMENT OF                      )

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 J. ERIC SMITHBURN AS                    ) Case No. 46S00-0408-MS-345

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SENIOR JUDGE IN THE                       )

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LAPORTE SUPERIOR COURT 2         )

ORDER APPOINTING SENIOR JUDGE

The Judge of the LaPorte Superior Court 2 requested the appointment of Senior Judge J. Eric Smithburn for service in that court for 2004, pursuant to Ind.Code §33-4-8-1.

This Court adopted revisions to Administrative Rule 5 on December 3, 2003, which made certain changes to the senior judge program in recognition of the importance of senior judges to the administration of justice in Indiana trial courts, and added service day restrictions to appointments by blanket order issued June 30, 2004.  Accordingly, we find that the LaPorte Superior Court 2 has demonstrated the need for additional judicial resources based on this court’s 2003 weighted caseload statistics, but that, given the court’s weighted caseload statistic of 1.32 during 2003, senior judge service in that court during this appointment year should be restricted to a maximum of 20 days.  We find further that Senior Judge J. Eric Smithburn has been certified as a senior judge by the Judicial Nominating Commission for the calendar year 2004 pursuant to Ind. Code §33-2.1-4-17, and is eligible to serve as a senior judge. 

            IT IS, THEREFORE, ORDERED that Senior Judge J. Eric Smithburn is appointed to serve in the requesting trial court at the discretion of the requesting judge, effective August 2, 2004.  This appointment shall remain in effect until June 30, 2005.  Pursuant to Ind. Code §33-4-8-5, the senior judge appointed by this Court in this Order may not be compensated as senior judge for more than one hundred (100) days in the aggregate during the 2004 calendar year.  The LaPorte Superior Court 2 may not utilize senior judges for more than 20 days during this year of appointment.

The Clerk of this Court is directed to forward a certified copy of this order to the Honorable Steven King, Judge of the LaPorte Superior Court; to the Honorable J. Eric Smithburn; to the clerk of the LaPorte Superior Court for entry in the Record of Judgments and Orders; to the Indiana Judicial Center; and to the Division of State Court Administration, Payroll Section.

DONE at Indianapolis, Indiana this 2^nd day of August 2004.

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Acting Chief Justice of Indiana