IN THE

 

SUPREME COURT OF INDIANA

 

 

IN THE MATTER OF     )

)

THE APPOINTMENT OF     )

)

ROBERT C. PROBST AS     ) Case No.  17S00-0407-MS-319

)

SENIOR JUDGE IN THE     )

)

DEKALB CIRCUIT COURT      )

 

 

ORDER AMENDING APPOINTMENT OF SENIOR JUDGE

 

By order issued June 29, 2004, this Court appointed the Hon. Robert C. Probst as senior judge in the DeKalb Circuit Court until June 30, 2005.  That order provided that the DeKalb Circuit Court could use senior judges a total of no more than 30 days during this year of appointment, due to its caseload being between 1.5 and 2.0.  However, because Senior Judge Probst serves pursuant to local rule calling for his appointment to cases in which the current presiding judge, the Hon. Kirk Carpenter, must recuse due to a conflict of interest arising from his prior service as a prosecuting attorney, we find that extraordinary circumstances warrant amendment of the appointment.  Accordingly, we find that the DeKalb Circuit Court, during this appointment year, may use Senior Judge Probst for an unlimited number of service days, subject to the statutory limitation contained in I.C. 33-4-8-5 of the number of service days an individual senior judge may serve. 

            IT IS, THEREFORE, ORDERED that Senior Judge Robert C. Probst is appointed to serve in the DeKalb Circuit Court at the discretion of the requesting judge, effective July 1, 2004.  The Dekalb Circuit Court, during this appointment year and due to extraordinary circumstances, may use Senior Judge Probst for an unlimited number of days.   This appointment shall remain in effect until June 30, 2005.  Pursuant to Ind. Code §33-4-8-5, Senior Judge Probst 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 Hon. Kirk Carpenter, Judge of the DeKalb Circuit Court; to the Hon. Robert C. Probst; to the clerk of the DeKalb Circuit 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 16^th day of July, 2004.

 

_______________________

Randall T. Shepard

Chief Justice of Indiana