Indiana Administrative Rules

(A) Preparation of Forms. The Division of State Court Administration (Division), pursuant to these rules and IC 33-24-6-3, shall draft forms to be used in the gathering of statistical data and other information and shall submit the proposed forms to the Supreme Court for approval. After the Supreme Court approves the forms the Division shall distribute the forms to all courts to be used in preparation of reports.

(B) Quarterly Case Status Reports.

(1) All trial courts shall prepare quarterly case status reports, on forms approved under the provisions of Administrative Rule 1(A), concerning the judicial work of their respective courts. The last day of the reporting period for the quarterly case status reports shall be March 31, June 30, September 30, and December 31.

(2) The judge of the trial court may require clerks, court reporters, or any other officer or employee of the court to furnish the information needed to prepare the reports.

(3) The judge of the trial court shall cause the quarterly case status reports to be filed with the Division no later than ten (10) calendar days after the end of the reporting period in electronic format as established by the Division.

(4) Each defendant charged with one or more offenses arising out of the same incident or multiple incidents to be tried as one case shall be assigned one case number, regardless of the number of counts or citations charged against the defendant. The case shall be designated as a MR – Murder, FA – Class A Felony, FB – Class B Felony, FC – Class C Felony, FD - Class D Felony, CM - Criminal Misdemeanor, MC - Miscellaneous Criminal, IF - Infraction, OV - Local Ordinance Violation, or OE - Exempted Ordinance Violation and shall be counted as one case on the quarterly case status report. When the defendant is charged with multiple charges involving different case type categories, the case number shall be designated so as to reflect only the most serious charge. This method of assigning case numbers is intended for administrative purposes only.

(C) Probation Reports.

(1) All probation officers or probation departments shall compile and prepare reports on the information required by IC 11-13-1-4 concerning the work of the respective office. All probation officers or probation departments shall file, on forms approved pursuant to the provisions of Administrative Rule 1(A), the following reports:

(a) Quarterly statistical reports. The last day of the reporting period for the quarterly reports shall be March 31, June 30, September 30, and December 31.

(b) An annual operations report. The reporting period for the annual operations report begins on January 1 and ends on December 31.

(2) The quarterly statistical reports and the annual operations report shall be filed with the Division no later than ten (10) calendar days after the end of the reporting period, in electronic format as established by the Division.

(3) Every trial judge or chief judge of a unified court system shall require the probation officer or probation department subject to the judge's direction and control to comply with these reporting requirements.

(D) Judge's Confirmation of Reporting. The judge of the court or the chief judge of a unified court system shall review all reports and confirm, through a process established by the Division, the completion and filing of all reports.

(E) County Caseload Plans. The courts of record in a county shall, by a local rule, implement a caseload allocation plan for the county that ensures an even distribution of judicial workload among the courts of record in the county.

(1) Schedule for Plans. The Indiana Supreme Court Division of State Court Administration (Division), with Supreme Court approval, shall prepare and publish a schedule for the submission and approval of such local caseload allocation plans. The schedule shall ensure that the courts of record in each county must review and submit a new plan or re-submit an existing plan not less than once every two (2) years.

(2) Weighted Caseload Measures and Caseload Variance. Based on the statistical reports submitted pursuant to this rule and a weighted caseload measures system, the Division shall prepare and publish annually a weighted caseload report on the caseload of the Indiana trial courts of record.

The caseload allocation plans required under this section must ensure that the variance, or difference, in utilization between any two courts or record in the county does not exceed 0.40 based on a weighted caseload measures system.

(3) Approval of Plans. With Supreme Court approval, the Division may approve a county plan that complies with the 0.40 utilization variance, return a plan that does not comply and request revisions, grant an exception for good cause shown, or reject a plan for not complying with the utilization variance. Should a county fail to adopt such a plan, the Supreme Court shall prescribe a plan for use by the county.

Schedule and Format for Adoption of County Caseload Allocation Plans (with Supreme Court Order)

Amended June 16, 1976, effective June 30, 1976; amended effective Jan. 1, 1980; amended Dec. 7, 1987, effective Jan. 1, 1988, in Allen, Kosciusko, Miami, Morgan, Rush, Shelby, and Union Counties, and effective in other counties upon subsequent designation by the Supreme Court;, amended Nov. 10, 1988, effective Jan. 1, 1989; amended Nov. 30, 1989, effective Jan. 1, 1990; amended Nov. 1, 1991, effective Jan. 1, 1992; Dec. 5, 1994, effective Feb. 1, 1995; amended July 1, 2003, effective August 1, 2003; amended July 1, 2005, effective Jan. 1, 2006; amended effective Feb. 1, 2007; amended Sep. 10, 2007, effective Jan. 1, 2008.

Rule 2. Reporting Fiscal Matters

(A) Preparation of Fiscal Reporting Forms. The Division of State Court Administration (Division), pursuant to these rules and IC 33-24-6-3, shall draft forms to be used in the gathering of revenue, budget and expenditure data from the courts and shall submit the proposed forms to the Supreme Court for approval. The revenue report forms shall collect data on the revenues generated by the operation of the courts within the county, the categories for which monies were collected, the amounts collected in each category, and how the collected funds were distributed. The budget and expenditure forms shall collect data on the requested budgets of the courts and their offices for the upcoming calendar year, the approved budgets for the courts and their offices for the upcoming year, the actual expenditures of the court and their offices during the previous calendar year, specifying the categories for which funds were requested, approved and spent.

After the Supreme Court approves the forms the Division shall distribute the forms to all courts to be used in preparation of reports. All trial courts shall prepare, on forms approved under the provisions of this rule, fiscal reports on the receipt and expenditure of public money by and for the operation of the courts.

(B) Report of Clerk on Revenues. Within ten (10) days after the close of the calendar year, the Clerk of the Court shall report to the judge of the court, or chief judge of a unified court system, all information necessary for the completion of the revenue report form. In the case of a City of Town Court, if there is no clerk, the judge of a City or Town Court shall prepare such report.

(C) Report of Judge. The judge of the trial court shall cause the fiscal reports to be filed with the Division no later than twenty (20) days after the end of the calendar year for the reporting period in electronic format as established by the Division.

(D) Judge's Confirmation of Reporting. The judge of the court or the chief judge of a unified court system shall review all reports and confirm, through a process established by the Division, the completion and filing of all reports.

Amended effective Jan. 1, 1980; amended Nov. 30, 1989, effective Jan. 1, 1990; amended Sep. 10, effective Jan. 1, 2008.

Rule 3. Administration Districts

(A) The state of Indiana is hereby divided into fourteen (14) administrative districts as follows:

(1) District 1, consisting of the counties of Lake, Porter, LaPorte, Starke, Pulaski, Jasper, and Newton;

(2) District 2, consisting of the counties of St. Joseph, Elkhart, Marshall, and Kosciusko;

(3) District 3, consisting of the counties of LaGrange, Adams, Allen, DeKalb, Huntington, Noble, Steuben, Wells, and Whitley;

(4) District 4, consisting of the counties of Clinton, Fountain, Montgomery, Tippecanoe, Warren, Benton, Carroll, and White;

(5) District 5, consisting of the counties of Cass, Fulton, Howard, Miami, Tipton, and Wabash;

(6) District 6, consisting of the counties of Blackford, Delaware, Grant, Henry, Jay, Madison, and Randolph;

(7) District 7, consisting of the counties of Clay, Parke, Putnam, Sullivan, Vermillion, and Vigo;

(8) District 8, consisting of the counties of Boone, Hamilton, Hancock, Hendricks, Johnson, Marion, Morgan, and Shelby;

(9) District 9, consisting of the counties of Fayette, Franklin, Rush, Union, and Wayne;

(10) District 10, consisting of the counties of Greene, Lawrence, Monroe, and Owen;

(11) District 11, consisting of the counties of Bartholomew, Brown, Decatur, Jackson, and Jennings;

(12) District 12, consisting of the counties of Dearborn, Jefferson, Ohio, Ripley, and Switzerland;

(13) District 13, consisting of the counties of Daviess, Dubois, Gibson, Knox, Martin, Perry, Pike, Posey, Spencer, Vanderburgh, and Warrick; and

(14) District 14, consisting of the counties of Clark, Crawford, Floyd, Harrison, Orange, Scott, and Washington.

(B) For the selection of representatives to serve on the Board of Directors of the Judicial Conference of Indiana, the administrative districts shall be used as follows to determine the number or representatives from each geographical area of the state to be elected to the Board:

(1) District 1, 2 representatives;

(2) District 2 and 3 combined, 3 representatives;

(3) District 4 and 5 combined, 2 representatives;

(4) District 6 and 9 combined, 2 representatives;

(5) District 7, 1 representative;

(6) District 8, 3 representatives;

(7) District 10 and 13 combined, 2 representatives;

(8) District 11 and 12 combined, 1 representative;

(9) District 14, 1 representative;

When administrative districts are combined and three (3) representatives are to be elected, no more than two (2) may be from any one (1) county and no more than two (2) may be from any one (1) administrative district. When administrative districts are combined and two (2) representatives are to be elected, no more than one (1) may be from any one (1) county and no more than one (1) may be from any one (1) administrative district.

Amended effective Aug. 17, 1990; amended effective Aug. 29, 1990. Amended effective Aug. 6, 1996. amended effective November 18, 1999.

Rule 4. Committees

(A) Records Management Committee

(1) Creation and Members. There is hereby created a committee to be known as the Records Management Committee. The Records Management Committee shall consist of members representative of the agencies responsible for the management and maintenance of the records of the courts throughout the State of Indiana. The members of the Records Management Committee shall be appointed by the Supreme Court and shall serve at the pleasure of the Court. A member of the Supreme Court shall serve as chair of the Committee. The Executive Director and staff of the Division of State Court Administration shall assist this Committee in the performance of its duties.

(2) Duties of the Committee. The Records Management Committee shall conduct a continuous study of the practices, procedures, and systems for the maintenance, management and retention of court records employed by the courts and offices serving the courts of this State. Such study may include micrographics, imaging, copiers, fax machines, courtroom security, disaster prevention planning. The committee shall submit to the Supreme Court from time to time recommendations for the modernization, improvement and standardization of such practices, procedures and systems.

(3) Meetings and Compensation. The Records Management Committee shall meet at the call of the chair. The Records Management Committee shall act by vote of a majority of the members present at a committee meeting. All members who are public employees shall serve without compensation. Members who are not public employees shall receive a per diem compensation as the Supreme Court shall fix from time to time. All members shall receive mileage and reimbursement for reasonable expenses necessary for the performance of any duty incidental to service on the Records Management Committee.

(4) Suggestions for Improvement. The Committee shall encourage suggestions from all interested parties and the public for the improvement of the records management system employed by the courts and court agencies. These recommendations should be submitted in writing to the Division of State Court Administration, 323 State House, Indianapolis, Indiana 46204.

(B) Judicial Technology and Automation Committee.

A. Creation and Members. In order to develop a uniform policy on implementation of information technology by the Indiana judicial system, there is hereby created a committee to be known as the Indiana Judicial Technology and Automation Committee. The members of the Committee shall be appointed by the Supreme Court and shall serve at the pleasure of the Court. A member of the Supreme Court shall serve as chair of the Committee. The Executive Director and staff of the Division of State Court Administration shall assist the Committee in the performance of its duties.

B. Duties of the Committee. The Judicial Technology and Automation committee shall conduct a continuous study of information technology applications for Indiana’s judicial system. The Committee’s charge includes but is not limited to the development of a long-range strategy for technology and automation in Indiana’s judicial system. Such strategy may involve approaches for funding and implementation as well as the development of standards for judicial information case management systems, judicial data processing, electronic filing, deployment and use of judicial information on the Internet, and for all related technologies used in the courts. The Committee shall from time to time recommend to the Supreme Court the implementation of policies, standards and rules which promote effective use of technology and automation in the courts.

C. Meetings and Compensation. The Committee shall meet at the call of the chair. The Committee shall act by a vote of a majority of the members present at a committee meeting. All members who are public employees shall serve without compensation. Members who are not public employees shall receive a per diem compensation as the Supreme Court shall fix from time to time. All members shall receive mileage and reimbursement for reasonable expenses necessary for the performance of any duty incidental to service on the Committee.

(C) Indiana Supreme Court Commission on Race and Gender Fairness.

(1) Creation and Members. There is hereby created a commission to be known as the Indiana Supreme Court Commission to be known as the Indiana Supreme Court Commission on Race and Gender Fairness. The commission shall consist of twenty-five (25) members representative of the Indiana judiciary, the practicing bar, academia, state and local government, public organizations, law enforcement, and corrections. The members of the commission shall be appointed by the Supreme Court and shall serve for a period of three (3) years each at the pleasure of the Supreme Court. The Supreme Court shall appoint a chair of the commission. A member of the Indiana Court of Appeals shall serve as vice-chair of the commission. A member of the commission shall serve as secretary. The Executive Director and staff of the Division of State Court Administration shall assist the commission in performance of its duties.

(2) Duties of the Commission. The Indiana Supreme Court Commission on Race and Gender Fairness shall study the status of race and gender fairness in Indiana’s justice system and shall investigate ways to improve race and gender fairness in the courts, legal system, among legal service providers, state and local government, and among public organizations. The Commission shall from time to time recommend to the Supreme Court the implementation of policies and procedures which promote race and gender fairness in the courts, among legal service providers in state and local government and by public organizations.

(3) Meetings and Compensation. The commission shall meet at the call of the chair. The commission shall act by vote of a majority of the members present at a commission meeting. All members who are public employees shall serve without compensation. Members who are not public employees shall receive a per diem compensation as the Supreme Court shall fix from time to time. All members shall receive mileage and reimbursement for reasonable expenses necessary for the performance of any duty incidental to service on the Commission.

(D) Indiana Supreme Court Planning Committee on Self-Represented Litigants.

(1) Creation, Members and Staff Support. There is hereby created a committee to be known as the Indiana Supreme Court Planning Committee on Self-Represented Litigants. The committee shall consist of members representative of the Indiana judiciary, the practicing bar, academia, state and local government and public organizations. The Supreme Court shall appoint the members and shall appoint one of them as chair of the Committee. Except for initial terms, which shall be staggered, the term of each member and chair shall be three (3) years. The members shall serve at the pleasure of the Supreme Court. The Executive Director and staff of the Division of State Court Administration shall assist the Committee in the performance of its duties.

(2) Duties of the Committee. The Indiana Supreme Court Planning Committee on Self-Represented Litigants shall conduct a continuous study of the practices, procedures, and systems for serving self-represented litigants in Indiana courts. The Committee's charge includes but is not limited to providing a long-range strategy for improving access to justice for self-represented litigants. Such strategy may involve development of protocols for judges, clerks, and their staffs in addition to providing general guidance to the courts, legal service providers, and public organizations through training about meeting the needs of self-represented litigants. The Committee shall from time to time recommend to the Supreme Court the implementation of policies and procedures that promote access to justice in the courts for self-represented litigants.

(3) Meetings and Compensation. The Indiana Supreme Court Planning Committee on Self-Represented Litigants shall meet not less than four times per year and other times at the call of the chair. The Committee shall act by vote of a majority of the members present at a committee meeting. All members who are public employees shall serve without compensation. Members who are not public employees shall receive a per diem compensation, as the Supreme Court shall fix from time to time. All members shall receive mileage and reimbursement for reasonable expenses necessary for the performance of any duty incidental to service on the Committee.

E) Indiana Supreme Court Advisory Commission on Guardian ad Litem (“GAL”)/Court Appointed Special Advocate (“CASA”)

(1) Creation, Members and Staff Support. There is hereby created a commission to be known as the Indiana Supreme Court Advisory Commission on GAL/CASA. The Commission shall consist of eighteen (18) members representative of the Indiana judiciary and directors of certified, volunteer based GAL/CASA programs. The Commission shall include three GAL/CASA program directors and one member of the judiciary each from four regions of Indiana (North, South, East, West) and two at-large members of the judiciary. The Indiana Supreme Court shall appoint the members. The term of each member and the chair shall be three (3) years. The terms of the program directors shall be staggered so that one representative is appointed from each region every year. The terms of the judicial representatives shall also be staggered so that two judicial representatives are appointed each year. All members shall serve at the pleasure of the Supreme Court. The Commission members shall elect a Chair, Vice-Chair and other officers at the first meeting of the year. The Executive Director and of the Division of State Court Administration, the Division’s GAL/CASA Director and Division staff shall assist the Commission in the performance of its duties. The Division GAL/CASA Director shall serve as ex-officio member of the Commission.

(2) Duties of the Commission. The Indiana Supreme Court Advisory Commission on GAL/CASA shall conduct a continuous study of the GAL/CASA services in Indiana and shall provide support and guidance to the Indiana Supreme Court on how best to provide GAL/CASA services. The Commission’s charge includes but is not limited to providing a long-range strategy for promoting, expanding and training child advocacy GAL/CASA programs. The Commission shall from time to time review the GAL/CASA Program Standards and Code of Ethics and make recommendations to the Supreme Court for their improvement.

(3) Meetings and Compensation. The Commission shall meet at least quarterly and at such other times as called by the chair. The Commission shall act by a vote of a majority. For voting purposes, a simple majority of a nine-member quorum is required. All members who are public employees shall serve without compensation. Members who are not public employees shall receive a per diem compensation, as the Supreme Court shall fix from time to time. All members shall receive mileage and reimbursement for reasonable expenses for the performance of any duty incidental to service on the Commission.

Adopted effective Sept. 19, 1983; amended Nov. 1, 1991, effective Jan. 1, 1992; amended Dec. 5, 1994, effective Feb. 1, 1995; amended effective Nov. 18, 1999; amended Sep. 10, 2007, effective Jan. 1, 2008.

Rule 5. Payment and Notification Procedures

(A) Special Judge Fees. The Division of State Court Administration shall administer the payment procedure for special judge fees in accordance with this provision.

(1) Entitlement. As provided in Trial Rule 79(P), all persons other than a full-time judge, magistrate, or other employee of the judiciary who serve as special judge are entitled to a fee of twenty-five dollars ($25.00) per day for each jurisdiction served for the entry of judgments and orders and hearings incidental to such entries. Persons residing outside the county where service is rendered shall be entitled to mileage and reimbursement paid in accordance with standards set for other public officials of the State. Senior Judges who serve as special judges shall be paid in accordance with a schedule published by the Executive Director of State Court Administration. Senior Judges are not entitled to compensation for special judge service when the service is performed on the same day he or she serves as a senior judge.

(2) Procedure for Payment. A special judge shall file his or her claim for compensation with the Division of State Court Administration on forms provided by such agency as prescribed by the State Board of Accounts. Any claim for services as special judge shall encompass a specified period of time and shall include all such services rendered during such period of time. The Division of State Court Administration shall present the claim form to the Auditor of the State for payment.

(3) Timely Filing of Claims. Claims for compensation shall be filed by the special judge no later than ninety (90) days from the date of service.

(B) Senior Judges. The Division of State Court Administration shall administer the payment procedures for senior judges in accordance with the provisions set forth in this rule.

(1) Appointment. The Court of Appeals, a circuit, superior, county or probate court may request that the Supreme Court provide senior judge services. The request must contain the reasons for the request and the estimated duration of the need for senior judge services. Upon approving the request, the Supreme Court may appoint one or more senior judges to serve the requesting court consistent with this rule. The Supreme Court shall fix the term or period of time for the senior judge appointment.

(2) Number of Senior Judge Days for Requesting Court. Each year, the Supreme Court shall fix, based upon the recommendation of the Executive Director of the Indiana Supreme Court Division of State Court Administration, who shall use the Indiana Weighted Caseload Measures System, the annual statistical reports, and other relevant criteria, the number of senior judge days that each court may use. Every court authorized in this rule to use senior judges will be entitled to a minimum of ten (10) days of senior judge service during the year of appointment.

(3) Qualification for Senior Judge Status. A former judge who is certified by the Indiana Judicial Nominating Commission may serve as senior judge. Each year the Indiana Judicial Nominating Commission shall certify to the Supreme Court that a former judge:

(a) (i) has served as an elected or appointed judge for at least four (4) years and (ii) at least one of those years was within five (5) years of the application or, in the event the four years of service as an elected or appointed judge was more than five (5) years prior to the application, has served at least thirty (30) days as a senior judge during a calendar year within five (5) years of the application; except that the Indiana Judicial Nominating Commission may, upon the finding of exceptional circumstances, waive the foregoing criteria and certify a senior judge with less service than specified above;

(b) agrees to serve as a senior judge for at least thirty (30) days in the year of appointment and has not in any previous year of service failed to serve for at least thirty (30) days without good cause as determined by the Indiana Judicial Nominating Commission.

(c) agrees to comply with the Code of Judicial Conduct and further agrees to not serve as an elected official or employee of a governmental entity or sub-division except with Supreme Court permission;

(d) agrees to serve where assigned; and that the service shall be substantially equivalent to the daily calendar of the court to which the senior judge is assigned;

(e) agrees to continue to serve in all special judge cases in which the former judge was serving as a special judge at the time the former judge left office as a regular judge without receiving senior judge credit for such service; however, upon the finding of exceptional circumstances at the discretion of the Supreme Court, a senior judge serving as a special judge may receive senior judge credit;

(f) agrees not to practice law in the courts in which the senior judge is appointed or assigned as senior judge;

(g) is fit to serve as a senior judge.

(4) Jurisdiction. A senior judge shall have the same jurisdiction as the presiding judge of the court where the judge is appointed but only during the days that the senior judge is serving in such court. A senior judge who has been appointed to serve in a court shall have jurisdiction at any time during such appointment to officiate at marriages the same as the judge of the court of service. A senior judge retains jurisdiction in an individual case on the order of the presiding judge of the court in which the case is pending;

(5) Oath of Office. Upon initial certification as a senior judge, the senior judge shall take an oath of office and shall file it with the Clerk of the Indiana Supreme Court.

(6) Per Diem Allowance. As provided by statute, a senior judge is entitled to senior judge service credit and a per diem allowance of one hundred dollars ($100.00) per day for the first thirty (30) days of service in a calendar year. Pursuant to statute, the Indiana Supreme Court may adjust the per diem rate and increase it to not more than two hundred fifty dollars ($50.00) for each day of service after the first thirty (30) days. A senior judge who serves substantially shorter time than the daily calendar of the court where the judge is serving may, with the permission of the Executive Director, accumulate and consolidate such service times into a day’s credit. A senior judge residing outside of the county where service is rendered is entitled to reimbursement for mileage at a rate equal to other public officials as established by state law and reasonable expenses incurred in performing the duties of senior judge for each day served. A senior judge may not be compensated as such for more than one hundred (100) calendar days in the aggregate during any one calendar year.

(7) Procedure for Payment. A senior judge shall file a claim for compensation with the Division of State Court Administration (Division) on forms provided by such agency as prescribed by the State Board of Accounts. The Division shall promptly present the claim to the Auditor of State for payment. Claims for compensation shall be filed no later than thirty (30) days from the date of service.

(8) Qualification for Benefits. As provided by statute, a senior judge who is appointed by the Supreme Court to serve for a period equal to or greater than thirty (30) working days is a state employee for purposes for state insurance benefits. A senior judge becomes eligible for state insurance upon appointment. In the event a senior judge fails to serve at least thirty (30) days during any year of appointment, that senior judge’s eligibility to state insurance benefits based on senior judge service shall cease and terminate at the end of that year. A senior judge whose eligibility to state insurance benefits has terminated under this subsection may become eligible again if the judge is certified by the Judicial Nominating Commission pursuant to Section (B)(3) of this Rule and is appointed to serve in a court, but only after serving as a senior judge a minimum of thirty (30) days during the year of appointment. A senior judge who waives per diem pay is entitled to receive senior judge service credit and to state insurance benefits for service that substantially complies with the appointment of the Supreme Court. As used in this rule, term “state insurance benefits” includes group health, life, dental, and vision insurance benefits and other benefits offered by the State of Indiana to its elected officials from time to time.

(9) Senior Judge Serving as Mediator. A senior judge who is also a registered mediator and serves as a mediator in court-ordered mediation pursuant to IC 33-23-3-3, or on a pro bono basis, may receive senior judge service credit for said mediation service provided that the senior judge is not compensated at a rate greater than the per diem rate for senior judges.

Schedule for Payment For Senior Judges Who Serve as Special Judges And Senior Judges Who Serve as Mediators

Amended effective December 3, 2003; amended effective Jan. 13, 2005; amended July 1, 2005, effective Jan.1, 2006; amended Sep. 10, 2007, effective Jan. 1, 2008.

(C) Notice of commencement or termination of term in office and employment.

(1) Notice by Judges. Each elected or appointed circuit, superior, county, probate, city, town or small claims court judge shall give notice to the Indiana Supreme Court Division of State Court Administration of:

a) the commencement and termination of the judge’s term of office;

b) the employment or termination of any magistrate, referee, commissioner, hearing officer, or other appointed judicial officer, whether such judicial officer is paid by the State of Indiana or by another entity. This notice must designate the position as full or part time, state the number of hours per week that the position requires and identify all court(s) in which such appointed judicial officer shall serve.

(2) Notice by Prosecuting Attorneys. Each elected or appointed prosecuting attorney shall give notice to the Indiana Supreme Court Division of State Court Administration of:

(a) the commencement and termination of the prosecuting attorney’s term of office and, pursuant to statute, whether the position will be full or part time;

(b) the employment or termination of a deputy prosecuting attorney whose salary is paid by the State of Indiana and, pursuant to statute, whether the position will be full or part time.

(3) Content and Time of Notice. The notice must be given at least two (2) weeks in advance of the beginning or termination of the term in office or employment on forms designed by the Division of State Court Administration.

Adopted Nov. 16, 1984, effective Jan. 1, 1985; amended Oct. 29, 1993, effective Jan. 1, 1994; amended Dec. 5, 1994, effective Feb. 1, 1995; amended Dec. 15, 1995, effective Feb. 1, 1996; amended Nov. 25, 1997, effective Jan. 1, 1998. Amended Dec. 21, 2001, effective April, 1, 2002. Amended Aug. 15, 2006, effective Jan. 1, 2007. Amended effective Feb. 1, 2007.

Rule 6. Court Records Media Storage Standards

(A) Application of Standards. All courts in the State of Indiana shall meet the standards set forth under this rule regarding the use of: (1) microfilm for the preservation of any record of a court or a court agency; (2) digital imaging technology for the storage and preservation of any record of a court or of a court agency; and (3) hybrid systems producing both digital images and microfilm for the preservation of any record of a court or of a court agency. These standards shall apply to all records, regardless of medium, kept by courts, their clerks, and court agencies, including the methods used to reproduce or create records electronically and to the methods, systems, and formats used to store, archive, and reproduce records electronically for the purpose of maintenance and preservation of records. Only those records or record series which have been approved for microfilming under Administrative Rule 7 shall be eligible for microfilming.

(B) Definitions. The following definitions shall apply to this Administrative Rule 6:

(1) “Archival,” as this term applies to records maintained in electronic form, means that point at which a document is no longer subject to modification and is maintained to ensure reasonably its preservation according to the appropriate record retention schedule as found in Administrative Rule 7.

(2) “Clerk” means the Clerk of the Indiana Supreme Court, Court of Appeals, and Tax Court, the Clerk of a Circuit, Superior, Probate, or County Court, the Clerk of a City or Town Court, and the Clerk of a Marion County Small Claims Court, including staff.

(3) “Court” means the Indiana Supreme Court, Court of Appeals, Tax Court, and all Circuit, Superior, Probate, County, City, Town, or Small Claims Courts.

(4) “Court Agency” means a section, division, or department performing duties for the Court or Clerk and which has been created by statute or court rule.

(5) “Digital Image” means an electronic file consisting of digital data, which, when reconstructed on a display screen, a hard copy print, or on microfilm, appears as the original document.

(6) “Digital Imaging” means the process by which a document or photograph is scanned by a computer and converted from analog format to a computer-readable digital format.

(7) “Digital Duplicate” means any copy of digital images used for reference or communication.

(8) “Digital Imaging File Format” means the program used to store Digital Masters of Digital Images.

(9) “Digital Master” means the record copy of an electronic record transferred directly from a computer onto an electronic storage medium.

(10) “Digital Media” refers to the physical method for storing digital records and images. There are two types: magnetic and optical. Examples of the former are magnetic disks, tape, and Digital Audio Tape (DAT). Examples of optical media include Compact Disk (C-D, CD-ROM), Write-Once, Read-Many (WORM) disk, Erasable Optical Disk (EO), and Digital Versatile Disk (DVD).

(11) “DPI” means dots per inch and is used as a measure of the number of dots recorded in either a vertical or horizontal plane for each inch. It is used to measure scanning resolution.

(12) “Hybrid Imaging System” means a system that produces both micrographic and digital images, either simultaneously or one from the other.

(13) “Image Enhancement” means the process of manipulating a scanned image with software, to lighten or darken the image, to increase sharpness, alter contrast, or to filter out data elements appearing on the document.

(14)“Index” means descriptive locator information attached to a digital image that enables a requestor to identify the file and retrieve it from the electronic storage medium.

(15) “In electronic Form” means any information in a court record in a form that is readable through the use of an electronic device, regardless of the manner in which it was created.

(16) “Metadata” means a standardized structure format and control vocabulary which allows for the precise description of record content, location, and value.

(17) “Microfilm” means a photographic film containing an image greatly reduced in size from the original, or the process of generating microphotographs on film.

(18) “Microform” means any form, usually film, which contains microphotographs.

(19) “Migration” means the process of upgrading electronic systems to new technologies while preserving accessibility to existing records. It includes transferring one electronic data format to another when a new computer or data management system is incompatible with its existing system. It also means the process of moving electronic data from one storage device or medium to another.

(20) “Open System Standard” means a published and commonly available interface specification that describes services provided by a software product. Such specifications are available to anyone and have evolved through consensus and are open to the entire industry.

(21) “Record Series” means a group of related documents, either as to form or content, which are arranged under a single filing system; are kept together as a unit because they consist of the same form, relate to the same subject, result from the same activity; or which have certain similar physical characteristics such as computer magnetic tapes or disks, or as microforms.

(22) “Record Retention Schedules” means a series of documents governing, on a continuing basis, the retention and disposal of records of a Court, Clerk, or Court Agency.

(23) “Refreshing” means the copying of an image or of a whole storage medium for the purpose of preserving or enhancing the quality of a digital image.

(24) “Reproduction” means the process of making an exact copy from an existing document in the same or a different medium.

(25) “Scanning Resolution” means the quality of a digital image resulting from its initial scanning. It is represented in the number of dots per inch (“dpi”), used to represent the image.

(26) “Specifications” means a set of requirements to be satisfied, and whenever appropriate, the procedure by which it may be determined whether the given requirements are satisfied.

(27) “Standard” means a uniformly accepted set of compliances to a predefined norm. “ANSI/AIIM” means the American National Standards Institute and the Association for Information and Imaging Management. “CCITT” means the Consultative Committee on International Telegraphy and Telephony. Specific standards appear both by number and by name. If a standard is updated or superseded, the most current one applies to those records preserved after its effective date.

(28) “Target” means any document or chart containing identification information, coding or test criteria used in conjunction with microfilming. A target is an aid to technical or bibliographical control, which is photographed on the film preceding or following a document or series of documents.

(29) Thresholding refers to the level at which data elements are removed from the scanned document.

(C) General Standards.

(1) Courts, Clerks and Court Agencies shall ensure that records generated by, or received by, the courts are preserved in accordance with the applicable record retention schedules.

(2) Records required to be placed in the Record of Judgments and Orders (RJO) as paper or in electronic format, and records with a retention schedule of fifteen (15) years or more, are classified as permanent. Such records must be scanned using a dpi as specified in (E) (2) (a) (ii).

(3) Microform and Digital Media used for the storage of court records shall be inspected at least annually to verify that no deterioration has occurred, incorporating the appropriate ANSI/AIIM standard for microfilm or for digital data deterioration in accordance with (E) (3) (i). Such inspection results shall be forwarded to the Division of State Court Administration, on a form available from the Division.

(D) Microfilm Standards.

(1) Documentation. A formal written documentation file shall be created and retained as a general documentation file for the microfilm process, incorporating the following:

(a) That every stage of the microfilm process is covered by a written and recorded procedure including:

(i) Authority to microfilm specifically enumerated records;

(ii) A preparation guide concerning the arrangement of the originals on microfilm;

(iii) Any policy of selecting documents to determine what papers from the file will be placed on microfilm;

(iv) Any contracts with in-house record custodians or agents of vendors who will perform the actual microfilming (either in-house or through a vendor);