First Regular Session 118th General Assembly (2013)
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HOUSE ENROLLED ACT No. 1061
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 33-33-49-32; (13)HE1061.1.1. -->
SECTION 1. IC 33-33-49-32, AS AMENDED BY P.L.80-2006,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 32. (a) In addition to the magistrate appointed
under section 31 of this chapter, the judges of the superior court may,
by a vote of a majority of the judges, appoint:
(1) four (4) full-time magistrates under IC 33-23-5 until January
1, 2008, not more than two (2) of whom may be from the same
political party; and
(2) (1) eight (8) full-time magistrates under IC 33-23-5 after
December 31, 2007, and until January 1, 2014, not more than
four (4) of whom may be from the same political party; and
(2) twelve (12) full-time magistrates under IC 33-23-5 after
December 31, 2013, not more than six (6) of whom may be
from the same political party.
(b) The magistrates continue in office until removed by the vote of
a majority of the judges of the court.
(c) A party to a superior court proceeding that has been assigned to
a magistrate appointed under this section may request that an elected
judge of the superior court preside over the proceeding instead of the
magistrate to whom the proceeding has been assigned. A request under
this subsection must be in writing and must be filed with the court:
(1) in a civil case, not later than:
(A) ten (10) days after the pleadings are closed; or
(B) thirty (30) days after the case is entered on the
chronological case summary, in a case in which the defendant
is not required to answer; or
(2) in a criminal case, not later than ten (10) days after the
Upon a timely request made under this subsection by either party, the
magistrate to whom the proceeding has been assigned shall transfer the
proceeding back to the superior court judge.
SOURCE: IC 33-33-87-2; (13)HE1061.1.2. -->
SECTION 2. IC 33-33-87-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. (a)
constitutes the second judicial circuit.
(b) The judge of the Warrick circuit court and the judges of the
Warrick superior courts may jointly appoint one (1) full-time
magistrate under IC 33-23-5 to serve the circuit and superior
(c) The magistrate continues in office until jointly removed by
the judge of the Warrick circuit court and the judges of the
Warrick superior courts.
HEA 1061 _ Concur
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