Introduced Version






SENATE BILL No. 225

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 33-30-2; IC 33-33-48.

Synopsis: Madison County courts. Abolishes the Madison county court on January 1, 2007. Increases the number of judges serving on the Madison superior court from three judges to five judges on January 1, 2007. Makes the two Madison county court judges serving on December 31, 2006, the fourth and fifth judges of the Madison superior court. (The introduced version of this bill was prepared by the commission on courts.)

Effective: July 1, 2006; January 1, 2007.





Lanane




    January 9, 2006, read first time and referred to Committee on Judiciary.







Introduced

Second Regular Session 114th General Assembly (2006)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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SENATE BILL No. 225



    A BILL FOR AN ACT to amend the Indiana Code concerning courts and court officers.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 33-30-2-1; (06)IN0225.1.1. -->     SECTION 1. IC 33-30-2-1, AS AMENDED BY P.L.237-2005, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 1. (a) A county court is established in the following counties:
        (1) Floyd County.
        (2) Madison County.
    (b) However, a county court listed in subsection (a) is abolished if:
        (1) IC 33-33 provides a small claims docket of the circuit court;
        (2) IC 33-33 provides a small claims docket of the superior court; or
        (3) IC 33-34 provides a small claims court;
for the county in which the county court was established.
SOURCE: IC 33-33-48-2; (06)IN0225.1.2. -->     SECTION 2. IC 33-33-48-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2. (a) There is established a court of record in Madison County to be known as the Madison superior court.
    (b) The Madison superior court has three (3) five (5) judges.
    (c) Except as otherwise provided in this chapter, the Madison superior court is a standard superior court as described in IC 33-29-1.
SOURCE: IC 33-33-48-11; (06)IN0225.1.3. -->     SECTION 3. IC 33-33-48-11, AS ADDED BY P.L.2-2005, SECTION 92, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 11. A county court is established for Beginning January 1, 2007, the Madison County under IC 33-30-2-1. superior court has a standard small claims and misdemeanor division.
SOURCE: IC 33-30-2-4; (06)IN0225.1.4. -->     SECTION 4. IC 33-30-2-4 IS REPEALED [EFFECTIVE JANUARY 1, 2007].
SOURCE: ; (06)IN0225.1.5. -->     SECTION 5. [EFFECTIVE JULY 1, 2006] (a) Notwithstanding IC 33-30-2-1 and IC 33-33-48-2, both as amended by this act, the:
        (1) Madison county court is not abolished; and
        (2) Madison superior court is not expanded from three (3) judges to five (5) judges;
until January 1, 2007.
    (b) As of January 1, 2007, the Madison county court is abolished.
    (c) Any case pending in the Madison county court after the close of business on December 31, 2006, is transferred on January 1, 2007, to the Madison superior court. All cases transferred under this SECTION that are eligible to be heard by the standard small claims and misdemeanor division, established by IC 33-33-48-11, as amended by this act, shall be transferred to the standard small claims and misdemeanor division of the Madison superior court in accordance with the venue requirements prescribed in Rule 75 of the Indiana Rules of Trial Procedure. A case transferred under this SECTION shall be treated as if the case were filed in the Madison superior court.
    (d) On January 1, 2007, all property and obligations of the Madison county court become the property and obligations of the Madison superior court.
    (e) The fourth and fifth judges of the Madison superior court added under IC 33-33-48-2, as amended by this act, shall be the two (2) persons who are the Madison county court judges on December 31, 2006. The initial terms of the fourth and fifth judges of the Madison superior court begin January 1, 2007, and end December 31, 2008. The initial elections of the fourth and fifth judges for the Madison superior court, established by IC 33-33-48-2, as amended by this act, shall take place at the general election on November 4, 2008. The terms of the fourth and fifth judges of the Madison superior court elected in November 2008 begin January 1, 2009.
    (f) This SECTION expires January 2, 2009.