Second Regular Session 116th General Assembly (2010)
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HOUSE ENROLLED ACT No. 1154
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 33-27-4-3; (10)HE1154.1.1. -->
SECTION 1. IC 33-27-4-3, AS AMENDED BY SEA 36-2010,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 3. (a) Except as provided in subsection (b), a
person may not be certified under this section if:
(1) the person:
(A) has not served as a:
(iii) magistrate; or
(iv) commissioner appointed under IC 33-33-49 who has
all the powers and duties prescribed for a magistrate; or
(B) is still serving as a:
(iii) magistrate; or
(iv) commissioner appointed under IC 33-33-49 who has
all the powers and duties prescribed for a magistrate;
of a court of record in Indiana;
(2) the person is not available for the minimum period of
commitment for service as a senior judge specified by the
supreme court under IC 33-24-3-7; or
(3) the combination of:
(A) the compensation for senior judges set under
IC 33-23-3-5; and
(B) any retirement benefits that the person is receiving or is
entitled to receive;
exceeds the minimum compensation to which judges of the circuit
court are entitled under IC 33-38-5.
(b) A person who elects to forgo retirement benefits during the
period of commitment as a senior judge may be certified as a senior
judge under section 2 of this chapter upon verification by the judicial
nominating commission of the availability to the person of the election.
SOURCE: IC 33-33-49-15; (10)HE1154.1.2. -->
SECTION 2. IC 33-33-49-15 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2011]: Sec. 15. (a) The
executive committee, with the approval of two-thirds (2/3) of the
judges, shall determine the number of hearing judges, commissioners,
referees, bail commissioners, court reporters, probation officers, and
other personnel required to efficiently serve the court. The salaries of
the personnel shall be fixed and paid as provided by law.
(b) The administrative officers shall perform the duties prescribed
by the executive committee and shall operate under the jurisdiction of
the executive committee and serve at the pleasure of the executive
(c) The executive committee shall see that the court at all times is
amply provided with supplies and sufficient clerical and other help,
including extra reporters or bailiffs, when needed. Each judge shall
appoint the judge's court reporters, bailiffs, secretary, commissioners,
and clerks. In addition to the specified duties of this subsection, the
executive committee shall exercise any other powers and duties that
may be assigned to the executive committee by an order book entry
signed by a two-thirds (2/3) majority of the judges. At least once each
month, a general term conference of all superior division judges must
be held, at which the presiding judge shall preside. A special order
book must be kept for the court in which shall be entered all special
rules, proceedings, and similar matters. During an absence or a
vacation of a judge who is a member of the executive committee, the
senior superior court judge shall act for the absent member, if
(d) Notwithstanding any other law, a commissioner appointed
under this chapter has all of the powers and duties prescribed for
a magistrate under IC 33-23-5. However, the provisions of
IC 33-23-5-11 requiring the state to pay the salary of a magistrate
do not require the state to pay the salary of a commissioner
appointed under this chapter.
(e) If a commissioner appointed under this chapter is appointed
as a magistrate in Marion County, the salary of that magistrate
shall be paid by the state under IC 33-23-5-11 in the same amount
as other magistrates are paid.
(f) The allocation of appointments of commissioners under this
chapter shall be determined by agreement between the judges of
the superior court and the judge of the circuit court with
consideration given to the case load of each court. However,
notwithstanding any other law, at least two (2) of the
commissioners appointed under this chapter shall be appointed by
the judge of the circuit court.
(1) judge of the circuit court has exclusive authority to
appoint commissioners allocated to the circuit court; and
(2) judges of the superior court have exclusive authority to
appoint commissioners allocated to the superior court by a
vote of the majority of the judges of the superior court.
(h) Not more than a simple majority of the commissioners
appointed under this chapter may be from the same political party.
(i) Commissioners appointed by the:
(1) judge of the circuit court serve at the pleasure of the judge
of the circuit court; and
(2) judges of the superior court continue in office until
removed by the vote of a majority of the judges of the
SOURCE: IC 34-28-5-4; (10)HE1154.1.3. -->
SECTION 3. IC 34-28-5-4, AS AMENDED BY P.L.101-2009,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2011]: Sec. 4. (a) A judgment of up to ten thousand
dollars ($10,000) may be entered for a violation constituting a Class A
(b) A judgment of up to one thousand dollars ($1,000) may be
entered for a violation constituting a Class B infraction.
(c) A judgment of up to five hundred dollars ($500) may be entered
for a violation constituting a Class C infraction.
(d) A judgment of up to twenty-five dollars ($25) may be entered for
a violation constituting a Class D infraction.
(e) Subject to section 1(i) of this chapter, a judgment:
(1) up to the amount requested in the complaint; and
(2) not exceeding any limitation under IC 36-1-3-8;
may be entered for an ordinance violation.
(f) This subsection applies only to infraction judgments imposed
in Marion County for traffic violations. In addition to any
judgment otherwise entered under this section in Marion County
for a traffic violation constituting an infraction, an additional
judgment amount of not more than thirty-five dollars ($35) may be
entered for the traffic violation. A judgment amount imposed
under this subsection shall not be included in applying the
maximum judgment amount under subsections (a) through (d).
SOURCE: IC 34-28-5-5; (10)HE1154.1.4. -->
SECTION 4. IC 34-28-5-5, AS AMENDED BY P.L.40-2007,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2011]: Sec. 5. (a) A defendant against whom a judgment
is entered is liable for costs. Costs are part of the judgment and may not
be suspended except under IC 9-30-3-12. Whenever a judgment is
entered against a person for the commission of two (2) or more civil
violations (infractions or ordinance violations), the court may waive the
person's liability for costs for all but one (1) of the violations. This
subsection does not apply to judgments entered for violations
(1) Class D infractions; or
(2) Class C infractions for unlawfully parking in a space reserved
for a person with a physical disability under IC 5-16-9-5 or
(b) If a judgment is entered:
(1) for a violation constituting:
(A) a Class D infraction; or
(B) a Class C infraction for unlawfully parking in a space
reserved for a person with a physical disability under
IC 5-16-9-5 or IC 5-16-9-8; or
(2) in favor of the defendant in any case;
the defendant is not liable for costs.
(c) Except for costs, and except as provided in subsection (e) and
IC 9-21-5-11(e), the funds collected as judgments for violations of
statutes defining infractions shall be deposited in the state general fund.
(d) A judgment may be entered against a defendant under this
section or section 4 of this chapter upon a finding by the court that the
(A) a statute defining an infraction; or
(B) an ordinance; or
(2) consents to entry of judgment for the plaintiff upon a pleading
of nolo contendere for a moving traffic violation.
(e) The funds collected under section 4(f) of this chapter for
infraction judgments imposed in Marion County for traffic
violations shall be transferred to a dedicated county fund. The
money in the dedicated county fund does not revert to the county
general fund or state general fund and may be used, after
appropriation by the county fiscal body, only for the following
(1) To pay compensation of commissioners appointed under
(2) To pay costs of the county's guardian ad litem program.
HEA 1154 _ Concur
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