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.

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SENIOR JUDGE IN THE                       )

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LAPORTE SUPERIOR COURT 3         )

ORDER APPOINTING SENIOR JUDGE

The Judge of the LaPorte Superior Court 3 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.  Accordingly, we find that the LaPorte Superior Court 3 is eligible for thirty (30) days of senior judge assistance as contemplated by the revisions to Administrative Rule 5.  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. 

            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 September  1, 2004.  This appointment shall remain in effect until June 30, 2005, and it shall be incumbent upon the requesting judge to ensure that the court utilizes no more than thirty (30) senior judge service days during the period beginning July 1, 2004 and ending June 30, 2005.  Pursuant to Ind. Code §33-4-8-5, all senior judges appointed by this Court may not be compensated as senior judge for more than one hundred (100) days in the aggregate during the 2004 calendar year.

The Clerk of this Court is directed to forward a certified copy of this order to the Honorable Paul J. Baldoni, judge of the LaPorte Superior Court 3; 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 ________ day of September, 2004.

_______________________

Randall T. Shepard

Chief Justice of Indiana