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Cities/Towns – Courts manual

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  • Foreward

    This manual is designed to assist city and town court clerks in the proper handling of court costs and fees.

    We hope this manual provides guidance in the collection and distribution of court costs and fees and we hope you will find it to be helpful in fulfilling your duties.

    Paul D. Joyce, CPA, State Examiner
    Michael H. Bozymski, CPA, Deputy State Examiner
    Tammy White, CPA, Deputy State Examiner

Official Records and Forms

  • Overview

    Each city and town court is required to use official records and forms that are designated by the legislature or prescribed or approved by the State Board of Accounts or the Indiana Court Services office of the Supreme Court.

    Prescribed records and forms have been designed to accomplish all legal requirements. For information on the use of approved forms generated by a computerized system in lieu of prescribed forms, see General Information of the Accounting and Uniform Compliance Guidelines Manual for Cities and Towns

    The following forms have been prescribed for use by city and town courts by the State Board of Accounts:

    City and Town Form No.Form
    213CT(Rev. 2012)City/Town Court Cash Book
    213A(1992)City/Town Court Detailed Ledger of Local User Fees
    214CT(Rev. 2012)City/Town Court Receipt
    215CT(Rev. 2009)City/Town Court Check
    217CT(Rev. 2011)Report to County Auditor of Fines and Fees Collected in City/Town Courts
    218CT(Rev. 2009)City/Town Court Transmittal Report To Fiscal Officer
    219CT(Rev. 2012)City/Town Court Daily/Monthly Balance Record
    County Form 41(1990)Fee Book
    General Form 102(1959)Register Trust Funds
    General Form 367(1984)Clerk's Report to Auditor of Additional Judgements for Excise Tax

    Other forms have been prescribed for use in your office by the Indiana Court Services office, Bureau of Motor Vehicles, Auditor of State, Department of Natural Resources, and the Attorney General's Office. These agencies should be consulted if you should have questions regarding their forms.

  • City/Town Court Cash Book

    Prescribed Form No. 213CT, City/Town Court Cash Book, is to be used to record receipts and checks issued. The receipts and disbursements should be recorded and totaled daily. For those courts using the City/Town Court Daily/Monthly Balance Record (From No. 219CT) on a daily basis, the totals of all receipts and checks would also be recorded in the appropriate columns of that form. The form is designed to be a bound book, pen ruled, on 100% rag stock paper.

  • City/Town Court Detailed Ledger of Local User Fees

    The City/Town Court Detailed Ledger of Local User Fees (Form No. 213A) is required for courts collecting more than one of the following local user fees under IC 33-37-8-3: pretrial diversion program fees, alcohol and drug services fees, law enforcement continuing education program fees, deferral program fees, drug court fees, and reentry court fees. A separate form can be used for each law enforcement agency filing cases in your court to assist in the claim process through the city/town fiscal officer for law enforcement continuing education program fees.

    The form is to be a 17" loose sheet, punched for a post binder with both sides alike, pen ruled on 32 lb. ledger paper with a minimum 50% cotton content.

  • City/Town Court Receipt

    This form is designed to contain two (2) on each page with each individual receipt to measure 13 ½" X 8 ½ ". The form is to be printed in duplicate, prenumbered by the printer, with the binding margin on the left side. The form shall be issued and recorded at the time of each receipt transaction.

  • City/Town Court Check

    The City/Town Court Check shall be prenumbered and issued in duplicate. The duplicate check is to be retained by the court and used as a posting media for disbursements to the court cash book.

  • Report to County Auditor of Fines and Fees Collected in CIty/Town Court

    This form is to be 8 ½" X 11" on 20 lb. bond paper to be kept in duplicate. The form should be punched on the left and kept in a binder. All State Fines and Forfeitures, Infraction Judgments, Overweight Vehicle Fines, State User Fees, Special Death Benefit Fees, Marijuana Eradication Fees, and Jury Fees are to be sent to the county auditor by the court on a monthly basis.

  • City/Town Court Transmittal Report to Fiscal Officer

    This form is to be 8 ½" X 11" on 20 lb. bond paper and kept in duplicate. The form should be punched on the left and retained in a three ring binder.

    The county's and city's/town's share of court costs, any city/town fines, document fees, administrative fees, facsimile fees, document storage fees, late payment fees, probation fees, credit card service fees, user fees or other items shall be remitted to the city/town fiscal officer on a monthly basis.

  • City/Town Court Daily/Monthly Balance Record

    This form is to be on 17" X 10", 32 lb. ledger paper with a minimum of 50% cotton content. Both sides of the form are to be printed alike. The form should be pen ruled and punched for a post binder.

    The form is a summary of the court cash book. It can be kept daily or monthly and is posted from the court cash book. It is a record that should reveal a cumulative total of all funds received and disbursed, the depository balance at the end of each day or month and the amount of cash in the office at the close of each day or month. It is a very valuable aid in bookkeeping procedures. Courts that do not properly use this record usually experience difficulty in making a cash reconcilement and balancing the records at the end of the month.

  • Fee Book

    The fees for court costs, witness, and any other fees or costs that are to be taxed in the cause, are to be entered in the proper lines designated for that purpose.

    This is the form for original entry. It should be kept in such a manner as to reveal a complete record of all proceedings or actions from the time the cause is filed until judgment is entered or otherwise disposed of by the court.

  • Register of Trust Funds

    This record is commonly referred to as the "trust fund register." It is a register wherein money received for the benefit of all persons or parties is entered in detail. The posting to this record is made from the duplicate receipts and checks and from the trust column of the court cash book. Items entered in other columns of the cash book must not be posted in the trust fund register. The total of all unpaid items as shown by the trust fund register must agree with the balance in trust as shown by the court cash book.

  • Clerk's Report to Auditor of Additional Judgments for Excise Tax

    This form is to be used if additional excise tax judgments are collected under IC 9-18-2. The form is to be sent to the County Auditor on an annual basis listing the law enforcement agency or agencies issuing citations and the number of citations written by each agency.

Court Costs

  • Court Costs to be Charged
    Case TypeCase Class CodeTotal Cost 100%Due State Semiannually 55%Due County Monthly 20%Due City/Town Monthly 25%
    Criminal Actions [IC 33-37-4-1] (Note 1):      
    Criminal FelonyCF$120.00$66.00$24.00$30.00
    Criminal MisdemeanorCM$120.00$66.00$24.00$30.00
    Miscellaneous CriminalMC$120.00$66.00$24.00$30.00
    Judgments [IC 33-37-4-2] (Note 2):     
    InfractionsIF$70.00$38.50$14.00$17.50
    Local Ordinance ViolationsOV$70.00$38.50$14.00$17.50
    Civil Actions [IC 33-37-4-4]:     
    Civil CollectionsCC$100.00$55.00$20.00$25.00
    PlenaryPL$100.00$55.00$20.00$25.00
    Domestic RelationsDR$100.00$55.00$20.00$25.00

    Note 1. Instead of criminal costs fees prescribed by IC 33-37-4-1, the clerk shall collect a pretrial diversion program fee if an agreement between the prosecuting attorney and the accused person entered into under IC 33-39-1-8 requires the payment of those fees by the accused person. The pretrial diversion program fee is an initial user's fee of fifty dollars ($50.00) for a misdemeanor offense or seventy-five dollars ($75) for a felony offense and a monthly user's fee of twenty dollars ($20.00) for each month that the person remains in the pretrial diversion program. The defendant must also pay the automated recordkeeping fee (IC 33-37-5-21) and any additional program fee or cost that is reasonably related to the person’s rehabilitation and approved by the court. [IC 33-37-4-1(c)]

    In addition, IC 33-37-5-17 requires the defendant to pay a deferred prosecution fee for court costs of one hundred twenty dollars ($120.00) where the court defers prosecution under IC 33-39-1-8; the defendant must also pay any applicable user or program fees described under IC 33-39-1-8(f) or IC 33-39-1-8(h), which includes program fees and costs reasonably related to the defendant’s rehabilitation, if approved by the court.  All money collected by the clerk as user’s fees or program fees and costs under IC 33-39-1-8 shall be deposited in the appropriate user fee fund under IC 33-37-8.

    The one hundred twenty dollars ($120.00) would be distributed as follows:

    Total Cost 100%State Semiannually 55%Due County Monthly 20%Due City/Town Monthly 25%
    $120.00$66.00$24.00$30.00

    Persons placed in the pretrial diversion program shall also pay a public defense administration fee of five dollars ($5), a judicial insurance adjustment fee of one dollar ($1), a judicial salaries fee of twenty dollars ($20), a court administration fee of five dollars ($5), a DNA sample processing fee of two dollars ($2), a document storage fee of two dollars ($2), a highway worksite zone fee of fifty cents ($.50) for a driving offense, and an automated record keepingdeferral/ diversion fee of five dollars ($5).

    Note 2. Instead of the infraction or ordinance violation costs prescribed by IC 33-37-4-2, the clerk shall collect a deferral program fee if an agreement between a prosecuting attorney or an attorney for a municipal corporation and the person charged with a violation entered into under IC 34-28-5-1 (or IC 34-4-32-1 before its repeal) requires payment of those fees by the person charged with the violation. The deferral program fee is an initial user's fee of not to exceed fiftytwo dollars ($52.00) and a monthly user's fee of not to exceed ten dollars ($10.00) for each month the person remains in the deferral program. The defendant must also pay the automated recordkeeping fee (IC 33-37-5-21). [IC 33-37-4-2(e)]

    In addition, IC 34-28-5-1 requires the defendant in the action to agree to pay a fee of seventy dollars ($70.00) to the clerk of the court if the action involves a moving traffic offense (as defined in IC 9-13-2-110). Furthermore, IC 33-37-8-5 requires two dollars ($2) of every deferral program fee collected to be accounted for as a jury fee. The defendant shall also pay a highway worksite zone fee of fifty cents ($.50) for a driving offense, a document storage fee of two dollars ($2) and an automated recordkeeping-deferral/diversion fee of five dollars ($5).

    The seventy dollars ($70.00) would be distributed as follows:

    Total Cost 100%State Semiannually 55%Due County Monthly 20%Due City/Town Monthly 25%
    $70.00$38.50$14.00$17.50

Other Court Fees

  • Document Fees

    The following fees are established by statute:

    For preparing a transcript or copy of any record, for each legal size or letter size page including a page only partially covered with writing. [IC 33-37-5-1]

    • $ 1.00

    For each certificate under seal attached in authentication of a copy of any record, paper or transcript. [IC 33-37-5-3]

    • $ 1.00

    For preparing or recording a transcript of a judgment to become a lien on real estate. [IC 33-37-5-4]

    • $ 3.00
  • Local User Fees

    A city or town user fee fund is established in each city or town having a city or town court for the purpose of supplementing the cost of various program services. The city or town fund shall be administered by the fiscal officer of the city or town.

    The city or town fund consists of the following fees collected by a clerk under this article:

    1. The pretrial diversion program fee.
    2. The alcohol and drug services program fee. \
    3. The law enforcement continuing education program fee.
    4. The deferral program fee.
    5. The problem solving court services fee.

    [IC 33-37-8-3(b)]

    1. Pretrial Diversion Program Fee - Applies to criminal actions. [IC 33-37-4-1(c)] The clerk shall collect a pretrial diversion program fee if an agreement between the prosecuting attorney and the accused person entered into under IC 33-39-1-8 requires the payment of those fees by the accused person.

      Initial User's Fee for Misdemeanor Offense ..............................................................$ 50.00

      Initial User's Fee for Criminal Offense .......................................................................$ 75.00

      Monthly User's Fee ................................................................................................... $ 20.00

    2. Alcohol and Drug Services Program Fee - Applies to criminal, infraction and ordinance violations [IC 12-23-14-16]
      Not to exceed .......................................................................................................... $ 400.00
      The clerk shall collect the alcohol and drug services program fee set by the court under IC 12-23-14-16 in a city that has established an alcohol and drug services program.
    3. Law Enforcement Continuing Education Program Fee - Applies to any action in which a defendant is found to have committed a crime, violated a statute defining an infraction, or violated an ordinance of a city or town. [IC 33-37-5-8(c)]
      Law Enforcement Continuing Education Program Fee ................................................ $4.00
      The clerk shall collect a law enforcement continuing education program fee of four dollars ($4.00).
    4. Deferral Program Fee - Applies to infractions or ordinance violations. [IC 33-37-4-2(e)]
      The clerk shall collect a deferral program fee if an agreement between a prosecuting attorney or an attorney for a municipal corporation and the person charged with a violation under IC 34-28-5-1 (or IC 34-4-32-1 before its repeal) requires payment of those fees by the person charged with the violation.
      Initial User's Fee - May Not Exceed .......................................................................... $ 52.00
      Monthly User's Fee - May Not Exceed ..................................................................... $ 10.00
    5. Problem Solving Court Services Fee – Applies to certain actions where a problem solving court places an individual in a problem solving court program under IC 33-23-16. The board of directors of the Judicial Conference of Indiana shall adopt rules establishing a range of fees that maybe assessed to eligible individuals who receive problem solving court services.
  • State User Fees

    Alcohol and Drug Countermeasures Fee - Applies to actions in which a person is found to have committed an offense under IC 9-30-5 (driving while intoxicated); violated a statute defining an infraction under IC 9-30-5; or been adjudicated a delinquent for an act that would be an offense under IC 9-30-5, if committed by an adult; and the person's driving privileges are suspended by the court or the bureau of motor vehicles as a result of the finding. Also, in each action in which a person is charged with an offense under IC 9-30-5 and by a plea agreement or agreement of the parties that is approved by the court:

    1. Judgment is entered for an offense under:
      1. IC 9-21-8-50;
      2. IC 9-21-8-52;
      3. IC 7.1-5-1-3; or
      4. IC 7.1-5-1-6; and
    2. The defendant agrees to pay the alcohol and drug counter measures fee. [IC 33-37-5-10]
      Alcohol and Drug Countermeasures Fee ............................................................... $ 200.00

    Drug Abuse, Prosecution, Interdiction and Corrections Fee - Applies to persons convicted of offenses under IC 35-48-4 (offenses relating to controlled substances). [IC 33-37-5-9]
    At least ...............................................................................$200 and not more than $1,000

  • Payment to County Auditor (Monthly) - State User Fees

    IC 33-37-7-8(e) states:

    "The clerk of the city or town court shall monthly distribute to the county auditor the following fees:

    1. Seventy-five percent (75%) of the drug abuse, prosecution, interdiction, and corrections fees collected under IC 33-37-4-1(b)(5).
    2. Seventy-five percent (75%) of the alcohol and drug countermeasures fees collected under IC 33-37-4-1(b)(6), IC 33-37-4-2(b)(4) and IC 33-37-4-3(b)(5)."
  • Payment to Auditor of State (Semiannually) - State User Fees

    IC 33-37-7-8(d) states:

    "The clerk of a city or town court shall semiannually distribute to the auditor of state for deposit in the state user fee fund established under IC 33-37-9 the following fees:

    1. Twenty-five percent (25%) of the drug abuse, prosecution, interdiction, and corrections fees collected under IC 33-37-4-1(b)(5).
    2. Twenty-five percent (25%) of the alcohol and drug countermeasures fees collected under IC 33-37-4-1(b)(6), IC 33-37-4-2(b)(4), and IC 33-37-4-3(b)(5)."
    3. One hundred percent (100%) of the highway worksite zone fees collected under IC 33- 37-4-1 and IC 33-37-4-2.
    4. Seventy-five percent (75%) of the safe schools fees collected under IC 33-37-5-18.
    5. One hundred percent (100%) of the automated record keeping fees collected under IC 33-37-5-21.

    These fees shall be retained by the court clerk and transmitted semiannually to the Auditor of State along with the 55% of the court costs due the state, public defense administration fees, DNA sample processing fees, domestic violence fees, judicial insurance adjustment fees, court administration fees automated record keeping fees, automated record keeping – deferral/diversion fees, and seventy– five percent (75%) of the judicial salaries fees.

  • Criminal Proceedings - Court Costs Fees

    For each action that results in a felony conviction under IC 35-50-2 or a misdemeanor conviction under IC 35-50-3, the clerk shall collect from the defendant a criminal costs fee of one hundred twenty dollars ($120.00). [IC 33-37-4-1(a)]

    In addition to the criminal costs fee collected under this section, the clerk shall collect from the defendant the following fees if they are required under IC 33-37-5:

    1. A document fee. [IC 33-37-5-1, 3 and 4]
    2. A marijuana eradication program fee. [IC 33-37-5-7]
    3. An alcohol and drug services program fee. [IC 33-37-5-8(b)]
    4. A law enforcement continuing education program fee. [IC 33-37-5-8(c)]
    5. A drug abuse, prosecution, interdiction, and correction fee. [IC 33-37-5-9]
    6. An alcohol and drug countermeasures fee. [IC 33-37-5-10]
    7. A child abuse prevention fee. [IC 33-37-5-12]
    8. A domestic violence prevention and treatment fee. [IC 33-37-5-13]
    9. A highway worksite zone fee. [IC 33-37-5-14]
    10. A deferred prosecution fee. [IC 33-37-5-17]
    11. A document storage fee (IC 33-37-5-20)
    12. An automated record keeping fee. [IC 33-37-5-21]
    13. A late payment fee. [IC 33-37-5-22]
    14. A sexual assault victims assistance fee (IC 33-37-5-23)
    15. A public defense administration fee. [IC 33-37-5-21.2]
    16. A judicial insurance adjustment fee. [IC 33-37-5-25]
    17. A judicial salaries fee. [IC 33-37-5-26]
    18. A court administration fee. [IC 33-37-5-27]
    19. A DNA sample processing fee. [IC 33-37-5-26.2]
  • Infractions and Violations of Ordinances - Court Costs Fees

    For each action that results in a judgment for a violation constituting an infraction, or for a violation of an ordinance of a city or town, the clerk shall collect from the defendant an infraction or ordinance violation costs fee of seventy dollars ($70.00). [IC 33-37-4-2(a)]

    In addition to the infraction or ordinance violation costs fee collected under this section, the clerk shall collect from the defendant the following fees if they are required under IC 33-37-5:

    1.   A document fee (IC 33-37-5-1, 3, and 4).

    2.   An alcohol and drug services program fee IC 33-37-5-8).

    3.   A law enforcement continuing education program fee (IC 33-37-5-8) .

    4.   An alcohol and drug countermeasures fee (IC 33-37-5-10).

    5.   A highway worksite zone fee IC 33-37-5-14).

    6.   A deferred prosecution fee (IC 33-37-5-17).

    7.   A jury fee (IC 33-37-5-19).

    8.   A document storage fee (IC 33-37-5-20).

    9.   An automated record keeping fee (IC 33-37-5-21).

    10. A late payment fee (IC 33-37-5-22).

    11. A public defense administration fee (IC 33-37-5-21.1).

    12. A judicial insurance adjustment fee (IC 33-37-5-25).

    13. A judicial salaries fee (IC 33-37-5-26)

    14. A court administration fee (IC 33-37-5-27).

    15. A DNA sample processing fee (IC 33-37-5-26.2).  [IC 33-37-4-2]

  • Civil Proceedings - Court Costs Fees

    For each civil action except: (1) proceedings to enforce a statute defining an infraction under IC 34-28-5; (2) proceedings to enforce an ordinance under IC 34-28-5; (3) proceedings in juvenile court under IC 31-34 or IC 31-37; (4) proceedings in paternity under IC 31-14; (5) proceedings in small claims court under IC 33-34, and (6) proceedings in actions under IC 33-37-4-7, the clerk shall collect from the party filing the action a civil costs fee of one hundred dollars ($100.00). [IC 33-37-4-4(a)]

    In addition to the civil costs fees collected under this section, the clerk shall collect the following fees if they are required under IC 33-37-5:

    1. A document fee (IC 33-37-5-1,3, and 4).
    2. A support and maintenance fee (IC 33-37-5-6).
    3. A document storage fee (IC 33-37-5-20).
    4. An automated record keeping fee IC 33-37-5-21).
    5. A public defense administration fee IC 33-37-5-21.1).
    6. A judicial insurance adjustment fee (IC 33-37-5-25).
    7. A judicial salaries fee (IC 33-37-5-26).
    8. A court administration fee (IC 33-37-5-27).
    9. A service fee (IC 33-37-5-28(b)(1) or (b)(2)).
    10. A garnishee service fee (IC 33-37-5-28(b)(3) or (b)(4)).
    11. Before July 1, 2022, A pro bono legal services fee (IC 33-37-5-31).
  • Domestic Violence Prevention and Treatment Fee

    IC 33-37-5-13 requires the Clerk of the Court to collect a domestic violence prevention and treatment fee of fifty dollars ($50.00) on all battery and domestic battery cases where the victim is a spouse or former spouse of the person who committed the offense, is or was living as if a spouse of the person who committed the offense of domestic battery, or has a child with the person who committed the offense of domestic battery.

    Such fee is in addition to all other applicable fines and costs and shall be sent to the Auditor of State on a semiannual basis for deposit in the State's Family Violence and Victim Assistance Fund. While IC 33-37-7-8 does not make provision for the remittance of such fee to the State by a City or Town Court, the Division of State Court Administration has advised that the fees shall be remitted directly to the State by the Clerk of the Court. The Auditor of State's Report of Court Costs will reflect the fee.

    If your Court collects this fee, please enter the collection on the appropriate lines on the Official Receipt and in the Cash Book.

  • Facsimile Fee

    IC 5-14-3-8 allows a court to charge for the facsimile transmission of documents. IC 5-14-3-8(f) states that notwithstanding subsection (b), (c), (d), (g), (h), or (i), a public agency shall collect any certification, copying, facsimile machine transmission, or search fee that is specified by statute or is ordered by a court. If a fee is charged for transmitting documents using a facsimile machine, such fee shall be deposited in the Clerk's Record Perpetuation Fund.

  • Marijuana Eradication Program Fee

    IC 33-37-5-7 requires the Clerk of the Court to collect a marijuana eradication program fee set by the court under IC 15-16-7-8 if:

    1. A weed control board has been established by the county under IC 15-16-7-3; and
    2. The person has been convicted of an offense under IC 35-48-4 in a case prosecuted in that county.

    The court may set the fee at no more than three hundred dollars ($300) on such cases. While IC 33-37-7-8 does not make provision for the remittance of marijuana eradication program fees, if collected, the fees will be sent to the County Auditor on a monthly basis for receipt into a County User Fee Fund per instructions from the Division of State Court Administration.

    All city and town courts that handle offenses under IC 35-48-4 should determine if the county in which they are located has established a weed control board before setting such fee.

  • Late Payment Fee

    In each action in which a defendant:

    1. Is found, in a court that has a local court rule imposing a late payment fee, to have:
      1. committed a crime;
      2. violated a statute defining an infraction;
      3. violated an ordinance of a municipal corporation; or
      4. committed a delinquent act;
    2. Is required to pay:
      1. court costs, including fees;
      2. a fine; or
      3. a civil penalty;
    3. Is not determined by the court imposing the court costs, fine or civil penalty to be indigent; and
    4. Fails to pay to the clerk the costs, fine, or civil penalty in full before the later of the following:
      1. The end of the business day on which the court enters the conviction or judgment.
      2. The end of the period specified in a payment schedule set for the payment of court costs, fines, and civil penalties under rules adopted for the operation of the court.

    A court may adopt a local rule to impose a late payment fee on such defendants.

    Subject to IC 33-37-5-22(d), the Clerk of the Court that adopts a local rule imposing a late payment fee shall collect a late payment fee of twenty-five dollars ($25) from such defendants.

    Notwithstanding IC 33-37-2-2, a court may suspend a late payment fee if the court finds that the defendant has demonstrated good cause for failure to make a timely payment of court costs, a fine, or a civil penalty. [IC 33-37-5-22]

    The Clerk of the City or Town Court shall distribute monthly to the city or town fiscal officer (as defined in IC 36-1-2-7) one hundred percent (100%) of the late payment fees collected under IC 33-37-5-22. The city or town fiscal officer (as defined in IC 36-1-2-7) shall deposit such fees distributed by a clerk in the city or town general fund. [IC 33-37-7-8]

  • Seatbelt, Stray Dog, and Certain Unlawful Parking Violations - Judgment Amount

    For each seatbelt violation under IC 9-19-10 and IC 9-19-11 and for each stray dog violation under IC 15-20-1-4, a person commits a Class D Infraction. IC 34-28-5-4 allows a court to enter a judgment of up to twenty-five dollars ($25) on each Class D Infraction. IC 5-16-9-5 requires a civil judgment of not less than one hundred dollars ($100) to be imposed for violations of IC 5-16-9, the Parking for Physically Handicapped law, which is a Class C Infraction.

    Furthermore, if a judgment is entered:

    1. For a violation constituting:
      1. a Class D Infraction; or
      2. 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. [IC 34-28-5-5]

    All violations of the child restraint statute in IC 9-19-11 shall be remitted to the County Auditor on a monthly basis and designated as child restraint system fines.

  • Sale of Tobacco to Minors - Penalties

    IC 7.1-6-2 and IC 35-46-1 list specific penalties for selling tobacco or electronic cigarette products to persons under eighteen (18) years of age. Such penalties, if collected by a court, are to be receipted to a city or town court's trust records and semiannually distributed to the Auditor of State.

  • Bail Bonds - Forfeiture

    IC 35-33-8-7 states that, if a defendant;

    1. was admitted to bail under IC 35-33-8-3.2(a)(2); and
    2. has failed to appear before the court as ordered; the court shall declare the bond forfeited not earlier than one hundred twenty (120) days or more than three hundred sixty-five (365) days after the defendant's failure to appear and issue a warrant for the defendant's arrest.

    In a criminal case, if the court having jurisdiction over the criminal case receives written notice of a pending civil action or unsatisfied judgment against the criminal defendant arising out of the same transaction or occurrence forming the basis of the criminal case, funds deposited with the clerk of the court under IC 35-33-8-3.2(a)(2) may not be declared forfeited by the court, and the court shall order the deposited funds to be held by the clerk. If there is an entry of final judgment in favor of the plaintiff in the civil action, and if the deposit and the bond are subject to forfeiture, the criminal court shall order payment of all or any part of the deposit to the plaintiff in the action, as is necessary to satisfy the judgment. The court shall then order the remainder of the deposit, if any, and the bond forfeited.

    Any proceedings concerning the bond, or its forfeiture, judgment, or execution of judgment, shall be held in the court that admitted the defendant to bail.

    After a bond has been forfeited, the clerk shall mail notice of forfeiture to the defendant. In addition, unless the court finds that there was a justification for the defendant's failure to appear, the court shall immediately enter judgment, without pleadings and without change of judge or change of venue, against the defendant for the amount of the bail bond, and the clerk shall record the judgment.

    If a bond is forfeited and the court has entered a judgment, the clerk shall transfer to the state common school fund:

    1. Any amount remaining on deposit with the court (less the fees retained by the clerk); and
    2. Any amount collected in satisfaction of the judgment.

    The amount transferred to the State Common School Fund shall be sent to the county auditor on a monthly basis as Bond Forfeitures.

    The clerk shall return a deposit, less the administrative fee, made under section 3.2(a)(2) of this chapter to the defendant, if the defendant appeared at trial and the other critical stages of the legal proceedings.

  • Infraction Judgments

    A judgment of up to ten thousand dollars ($10,000) may be entered for a violation constituting a Class A infraction.

    A judgment of up to one thousand dollars ($1,000) may be entered for a violation constituting a Class B infraction.

    A judgment of up to five hundred dollars ($500) may be entered for a violation constituting a Class C infraction, subject to the limitations in IC 34-28-5-4(f) and (g) for moving traffic violations.

    A judgment of up to twenty-five dollars ($25) may be entered for a violation constituting a Class D infraction.

    A judgment: up to the amount requested in the complaint; and not exceeding any limitation under IC 36-1-3-8; may be entered for an ordinance violation.

    IC 34-28-5-4(h) and IC 34-28-5-5(e) apply to infraction judgments imposed in Marion County for traffic violations.

    IC 34-28-5-4(h): “This subsection applies only to infraction judgments imposed in Marion County for traffic violations after December 31, 2010. Subsection (f) applies to an infraction judgment described in this subsection. However, a court shall impose a judgment of not less than thirty-five dollars ($35) for an infraction judgment that is entered in Marion County. These funds shall be transferred to a dedicated fund in accordance with section 5 of this chapter.”

    IC 34-28-5-5(e): “The funds collected for an infraction judgment described in section 4(h) of this chapter 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 purposes: (1) To pay compensation of commissioners appointed under IC 33-33-49. (2) To pay costs of the county's guardian ad litem program.”

    IC 34-28-5-4(i) and IC 34-28-5-5(f) apply to infraction judgments imposed in Clark County for toll violations.

    IC 34-28-5-4(i): “This subsection applies only to infraction judgments imposed in Clark County for toll violations after January 1, 2017. Subsection (f) applies to an infraction judgment described in this subsection. However, a court shall impose a judgment of not less than thirty-five dollars ($35) for an infraction judgment that is entered in Clark County. These funds shall be transferred to a dedicated fund in accordance with section 5(f) of this chapter.”

    IC 34-28-5-5(f): “The funds collected for an infraction judgment described in section 4(i) of this chapter shall be transferred to a dedicated toll revenue fund created as part of a project under IC 8-15.5-1-2(b)(4). The money in the fund does not revert to the county general fund or state general fund and may be used only to pay the cost of operating, maintaining, and repairing the tolling system for a project under IC 8-15.5-1-2(b)(4), including major repairs, replacements, and improvements.”

    IC 9-21-5-11 applies to funds collected as judgments for violations of temporary worksite speed limits, as follows:

    “(a) Subject to subsection (b), the Indiana department of transportation, the Indiana finance authority, or a local authority may establish temporary maximum speed limits in their respective jurisdictions and in the vicinity of a worksite without conducting an engineering study and investigation required under this article. The establishing authority shall post signs notifying the traveling public of the temporary maximum speed limits established under this section.

    (b) Worksite speed limits set under this section must be at least ten (10) miles per hour below the maximum established speed limit.

    (c) A worksite speed limit set under this section may be enforced only if:

    (1) workers are present in the immediate vicinity of the worksite; or

    (2) if workers are not present in the immediate vicinity of the worksite, the establishing authority determines that the safety of the traveling public requires enforcement of the worksite speed limit.

    (d) Notwithstanding IC 34-28-5-4(b), a judgment for the infraction of violating a speed limit set under this section must be entered as follows:

    (1) If the person has not previously committed the infraction of violating a speed limit set under this section, a judgment for a Class B infraction and a fine of at least three hundred dollars ($300) shall be imposed.

    (2) If the person has committed one (1) infraction of violating a speed limit set under this section in the previous three (3) years, a judgment for a Class B infraction and a fine of at least five hundred dollars ($500) shall be imposed.

    (3) If the person has committed two (2) or more infractions of violating a speed limit set under this section in the previous three (3) years, a judgment for a Class B infraction and a fine of one thousand dollars ($1,000) shall be imposed.

    (e) Notwithstanding IC 34-28-5-5(c), the funds collected as judgments for the infraction of violating a speed limit set under this section shall be transferred to the Indiana department of transportation to pay the costs of hiring off duty police officers to perform the duties described in IC 8-23-2-15(b).

    (f)   If judgment has been imposed for committing two (2) infractions under this section within one (1) year, an additional penalty of the suspension of the driving privileges of the person who committed the infractions may be imposed by the court imposing the sentence for the second violation. If the court suspends a person's driving privileges under this subsection, the court shall issue an order to the bureau:

    (1) stating that judgment against the person has been entered for committing the infraction of exceeding a worksite speed limit under this section for the second time in one (1) year; and

    (2) ordering the suspension of the person's driving privileges by the bureau under IC 9-30-13-9.

    The suspension of a person's driving privileges under this section is in addition to any other penalties imposed under this section and any fee imposed under IC 33-37-5-14.”

    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 does not apply to judgments entered for violations constituting Class D infractions (seatbelt or stray dog violations) or Class C infractions for unlawfully parking in a space reserved for a person with a physical disability.

    If a judgment is entered for a violation constituting a Class D infraction (seatbelt or stray dog violation), or a Class C infraction for unlawfully parking in a space reserved for a person with a physical disability, or if a judgment is entered in favor of the defendant in any case, he is not liable for costs. {IC 34-28-5-5]

    If a defendant fails to satisfy a judgment entered against him for the violation of a traffic ordinance or for a traffic infraction by a date fixed by the court, the court may suspend the defendant's driver's license. When a court suspends a person's driver's license, the court shall forward notice of the suspension to the bureau of motor vehicles. [IC 34-28-5-6]

    Except for costs and except as provided in IC 34-28-5-5(e), IC 34-28-5-5(f), and IC 9-21-5-11(e), and fines collected in cases involving persons driving golf carts on city and town streets, the funds collected as judgments for violations of statutes defining infractions shall be deposited in the state general fund. [IC 34-28-5] The fines assessed for violations of traffic ordinances adopted by a city or town governing the operation of golf carts shall be deposited into the general fund of the city or town. (IC 9-21-1-3.3)

  • Overweight Vehicle Fines

    IC 9-20-18-12 states as follows:

    1. "Except as provided in subsection (b), a person who violates this article commits a Class C infraction.
    2. A violation of a weight limitation in IC 9-20-4, IC 9-20-5, IC 9-20-11, or IC 9-20-7-1 is:
      1. A Class B infraction if the total of all excesses of weight under those limitations is more than five thousand (5,000) pounds but not more than ten thousand (10,000) pounds; and
      2. A Class A infraction if the total of all excesses of weight under those limitations is more than ten thousand (10,000) pounds.
    3. This subsection does not apply to violations that occur on an interstate highway. It is a defense to a charge of violating a weight limitation in IC 9-20-4, IC 9-20-5, or IC 9-20-11, that the total of all excesses of weight under those limitations is less than one thousand (1,000) pounds.
    4. The court may suspend the registration of a vehicle used in violating this article for not more than ninety (90) days.
    5. Upon the conviction of a person for a violation of a law regarding the weight limit of vehicles operated upon a highway, the court may recommend suspension of the person's current chauffeur's license if the violation was committed knowingly.
    6. Notwithstanding IC 34-28-5-4, funds collected as judgments, except for costs, for violations under subsection (a) or (b) shall be deposited in the state highway fund."
    7. The bureau may not assess points under the point system for a violation of a weight limitation in IC 9-20-4, IC 9-20-5, IC 9-20-11, or IC 9-20-7-1.”
  • Additional Excise Tax Judgments

    Indiana Code 9-18.1-2-6 states:

    “A nonresident that becomes an Indiana resident may operate a vehicle on a highway for not more than sixty (60) days after becoming an Indiana resident without registering the vehicle under this article if the vehicle is registered in accordance with the laws of the jurisdiction in which the nonresident was a resident.”

    Indiana Code 9-18.1.2.7 states:

    “An Indiana resident that: (1) has a legal residence in a state that is not contiguous to Indiana; and (2) owns or operates a vehicle that is registered in accordance with the laws of the other state of legal residence; may operate the vehicle on a highway for not more than sixty (60) days without registering the vehicle under this article.”

    Indiana Code 34-28-5-17 states:

    “(a) This section applies after December 31, 2016.

    (b) In addition to:

    (1) the penalty described under IC 9-18.1-2-10; and

    (2) any judgment assessed under IC 34-28-5 (or IC 34-4-32 before its repeal); a person that violates IC 9-18.1-2-3 shall be assessed a judgment equal to the amount of excise tax due under IC 6-6-5 or IC 6-6-5.5 on the vehicle involved in the violation.

    (c) The clerk of the court shall do the following:

    (1) Collect the additional judgment described under subsection (b) in an amount specified by a court order.

    (2) Transfer the additional judgment to the county auditor on a calendar year basis.

    (d) The county auditor shall distribute the judgments described under subsection (c) to law enforcement agencies, including the state police department, responsible for issuing citations to enforce IC 9-18.1-2-3.

    (e) The percentage of funds distributed to a law enforcement agency under subsection (d):

    (1) must equal the percentage of the total number of citations issued by the law enforcement agency for the purpose of enforcing IC 9-18.1-2-3 during the applicable year; and

    (2) may be used for the following:

    (A) Any law enforcement purpose.

    (B) Contributions to the pension fund of the law enforcement agency.”

    To facilitate the handling and allocation of these fees under IC 9-18-2-41, the clerk should use General Form No. 367 (1984) entitled "Clerk's Report to Auditor of Additional Judgments for Excise Tax" (see copy of this form on Page 5-23). In using this form, the following procedure should be observed:

    The clerk of the court which collects these penalties must include a memorandum with the remittance which shows the number of citations filed in the court by each law enforcement agency for failure to timely register a motor vehicle. Such memorandum could be as follows:

    Law Enforcement AgencyNumber of Citations
    County Sheriff6
    Urban City Police2
    Best Town Marshal2
    Total10
  • Disposition of Fines

    All fines assessed shall be in amounts set out in state statutes or local ordinances. Fines assessed for violations of state statutes shall be sent to the County Auditor for deposit in the state general fund. All fines collected for violations of local ordinances shall be sent to the fiscal officer of the municipal corporation that adopted the ordinances which were violated.

  • Fish and Wildlife Penalties

    Hunting and fishing violations under IC 14-22 can be either misdemeanors or felonies as set out in IC 14-22-38. Any fines assessed by a city or town court for violations of IC 14-22 are in addition to court costs and would be remitted to the Auditor of State as State Fines and Forfeitures.

    Reimbursement fees collected under IC 14-22-38-4 and IC 14-22-38-5 are to be receipted into the Register of Trust Funds and then remitted semiannually to the Auditor of State.

  • Credit Card Service Fee

    The clerk may contract with a bank or credit card vendor for acceptance of bank or credit cards. If there is a vendor transaction charge or discount fee, whether billed to the clerk or charged directly to the clerk's account, the clerk shall collect a fee from the person using the bank card or credit card. The fee collected is a permitted additional charge to the money the clerk is required to collect.

    The clerk may contract with a payment processing company, which may collect a transaction fee from a person using the bank card or credit card. The fee collected is a permitted additional charge to the money the clerk is required to collect.

    The clerk shall collect and deposit in the appropriate fund an amount not less than the amount the clerk would collect and deposit if the clerk received payment by a means other than a bank card or credit card. [IC 33-37-6-2]

    The clerk shall forward credit card service fees collected under IC 33-37-6-2 to the city or town fiscal officer. Such fees may be used without appropriations to pay the transaction charge or discount fee charged by the bank or credit card vendor. (IC 33-37-6-3)

  • Safe Schools Fee

    In each criminal action in which a person is convicted of an offense in which the possession or use of a firearm was an element of the offense or described in IC 9-21-8-52(b), the court shall assess a safe schools fee of not less than two hundred dollars ($200) and not more than one thousand dollars ($1,000). The court shall consider the person's ability to pay the fee in determining the amount to assess. [IC 33-37-5-18]

  • Highway Worksite Zone Fee

    The clerk shall collect a highway worksite zone fee of fifty cents ($.50) on all criminal, infraction, or ordinance violation cases that are traffic offenses as defined in IC 9-30-3-5. However, if the criminal action, infraction or ordinance violation involves exceeding a worksite speed limit (as provided in IC 9-21-5-2 and 3) or failure to merge (as provided in IC 9-21-8-7.5) and the judge orders the clerk to collect the fee for exceeding the speed limit or failure to merge, the clerk shall collect a highway worksite zone fee of twenty-five dollars and fifty cents ($25.50). [IC 33-37-5-14]

    The clerk of the city or town court shall semiannually distribute highway worksite zone fees collected to the Auditor of State.

  • Highway Worksite Zone Judgments

    Notwithstanding IC 34-28-5-4(b), a judgment for the infraction of violating a speed limit set out in IC 9-21-5-11 must be entered as follows:

    1. If the person has not previously committed the infraction of violating a speed limit in a worksite zone, a judgment of at least three hundred dollars ($300).
    2. If the person has committed one (1) infraction of violating a speed limit in a worksite zone in the previous three (3) years, a judgment of at least five hundred dollars ($500).
    3. If the person has committed two (2) or more infractions of violating a speed limit in a worksite zone in the previous three (3) years, a judgment of one thousand dollars ($1,000).

    IC 9-21-8-56 sets out misdemeanor penalties for cases involving reckless and aggressive driving in a work zone.

    Notwithstanding IC 34-28-5-5(c), the funds collected as judgments for the aforementioned infractions shall be transferred to the Indiana Department of Transportation to pay the costs of hiring off duty police officers to perform the duties described in IC 8-23-2-15(b).

    If judgment has been imposed for committing two (2) infractions under this section within one (1) year, an additional penalty of the suspension of the driving privileges of the person who committed the infractions may be imposed by the court imposing the sentence for the second violation. If the court suspends a person's driving privileges under this subsection, the court shall issue an order to the bureau:

    1. stating that judgment against the person has been entered for committing the infraction of exceeding a worksite speed limit under this section for the second time in one (1) year; and
    2. ordering the suspension of the person's driving privileges by the bureau under IC 9-30-13-9.

    The suspension of a person's driving privileges under this section is in addition to any other penalties imposed under this section and any fee imposed under IC 33-37-5-14. [IC 9-21-5-11]

  • Document Storage Fee

    On all actions the clerk shall collect a document storage fee of five dollars ($5) before July 1, 2022 and two dollars ($2) after July 1, 2022 which shall be remitted to the city or town fiscal officer on a monthly basis for deposit in the clerk's record perpetuation fund. [IC 33-37-5-20 and IC 33-37-5-2]

  • Automated Recordkeeping Fee

    For all civil, criminal, infraction, and ordinance violation actions the clerk shall collect an automated record keeping fee of:

    1. twenty dollars ($20) in all actions except actions described in subdivision; and

    2. five dollars ($5) with respect to actions resulting in the accused person entering into a:

    (A) pretrial diversion program agreement under IC 33-39-1-8; or

    (B) deferral program agreement under IC 34-28-5-1

  • Automated Recordkeeping - Deferral/Diversion Fee

    On all actions resulting in the accused person entering into a pretrial diversion program agreement under IC 33-39-1-8 or a deferral program agreement under IC 34-28-5-1, the clerk shall collect an automated record keeping-deferral/diversion fee of five dollars ($5). The fee shall be remitted to the Auditor of State semiannually for deposit in the homeowner protection unit account established by IC 4-6-12-9.

  • Public Defense Administration Fee

    In each action in which a person is:

    1. convicted of an offense;
    2. required to pay a pretrial diversion fee;
    3. found to have violated an infraction; or
    4. found to have violated an ordinance;

    the clerk shall collect a public defense administration fee of five dollars ($5). The fee shall be distributed to the State semiannually. [IC 33-37-5-21.2]

  • Judicial Insurance Adjustment Fee

    In each action in which a person is:

    1. convicted of an offense;
    2. required to pay a pretrial diversion fee;
    3. found to have violated an infraction; or
    4. found to have violated an ordinance;

    the clerk shall collect a judicial insurance adjustment fee of one dollar ($1). The fee shall be distributed to the State semiannually. [IC 33-37-5-25]

  • Judicial Salaries Fee - Criminal, Infraction and Ordinance Violations

    In each action in which a person is:

    1. convicted of an offense;
    2. required to pay a pretrial diversion fee;
    3. found to have violated an infraction; or
    4. found to have a violated ordinance;

    the clerk shall collect a judicial salaries fee of twenty dollars ($20). [IC 33-37-5-26(a)] The clerk shall semiannually distribute to the Auditor of State seventy-five percent (75%) of the fees and retain twentyfive percent (25%) as the city or town share.

Other Court Fees (continued)

  • Court Administration Fee

    In each action in which a person is:

    1. convicted of an offense;
    2. required to pay a pretrial diversion fee;
    3. found to have committed an infraction; or
    4. found to have violated an ordinance;

    the clerk shall collect a court administration fee of five dollars ($5). The fee shall be distributed to the State semiannually. [IC 33-37-5-27]

  • DNA Sample Processing Fee

    In each action in which a person is:

    1. convicted of an offense;
    2. required to pay a pretrial diversion fee;
    3. found to have committed an infraction; or
    4. found to have violated an ordinance;

    the clerk shall collect a DNA sample processing fee of two dollars ($2). The fee shall be distributed to the State semiannually. [IC 33-37-5-26.2]

  • Civil Action Service Fee

    For each civil action the clerk shall collect the following:

    1. From the party filing the civil action, a service fee of ten dollars ($10) for each additional defendant that is not a garnishee defendant named other than the first named defendant.
    2. From any party adding a defendant that is not a garnishee defendant, a service fee of ten dollars ($10) for each defendant that is not a garnishee defendant added in the civil action. [IC 33-37-5-28]

    Such fees are to be distributed to the city or town fiscal officer on a monthly basis for deposit in the city or town general fund. [IC 33-37-7-2]

  • Garnishee Service Fee

    For each civil action the clerk shall collect:

    1. From a party that has named more than three (3) garnishees or garnishee defendants, a garnishee service fee of ten dollars ($10) for each garnishee or garnishee defendant in excess of three (3).
    2. From a party adding a garnishee or garnishee defendant, a garnishee service fee of ten dollars ($10) for each garnishee or garnishee defendant added to the action. However, a clerk may not collect a garnishee service fee for the first three (3) garnishees or garnishee defendants named in the action. [IC 33-37-5-28]

    Such fees are to be distributed to the city or town fiscal officer on a monthly basis for deposit in the city or town general fund. [IC 33-37-7-8]

  • Special Death Benefit Fee

    The clerk of the court shall:

    1. Collect a fee of $5 from each bond or deposit under IC 35-33-8-3.2 (a) (1) [surety bonds and cash bonds in an amount equal to the bail or bonds executed which are secured by real estate]; and
    2. Retain a fee of $5 from each deposit under IC 35-33-8-3.2(a) (2) [bail bonds where cash or securities are deposited in an amount of at least 10% of the amount of the bail]

    Such fees shall be remitted to the County Auditor on a monthly basis.

    NOTE: With the approval of the clerk of the court, the county sheriff may collect the bail and fees. The county sheriff shall remit the bail to the clerk of the court by the following business day and remit monthly the five dollar ($5.00) special death benefit fee to the county auditor. [IC 35-33-8-3.2 (e)]

  • Jury Fee

    In each action in which a defendant is found to have committed a crime, violated a statute defining an infraction or violated an ordinance of a municipal corporation, the clerk shall collect a jury fee of two dollars ($2). [IC 33-37-5-19]

    Furthermore, IC 33-37-8-5 requires two dollars ($2) of every deferral program fee collected to be accounted for as a jury fee.

    All jury fees are to be remitted to the county auditor on a monthly basis.

  • Bail Bonds (10% Cash Bonds) - Administrative Fee

    The court may admit a defendant to bail and require the defendant to execute a bail bond by depositing cash or securities with the clerk in an amount not less than ten percent (10%) of the bail. A portion of this deposit, not to exceed ten percent (10%) of the monetary value or fifty dollars ($50), whichever is the lesser amount, may be retained as an administrative fee and deposited in the city or town general fund. [IC 35-33-8-3.2]

  • Adult Probation - Administrative Fees

    IC 35-38-2-1 authorizes a clerk of a city or town court that collects probation user fees to keep not more than three percent (3%) of the fees to defray the administration costs of collecting the fee and shall deposit such fees in the clerk's record perpetuation fund.

    If requested to do so by the county auditor, city fiscal officer or town fiscal officer, the clerk of a city or town court shall transfer not more than three percent (3%) of the probation user fees to: (1) the county auditor, who shall deposit the money transferred to the county general fund; (2) the city general fund, when requested by the city fiscal officer; or (3) the town general fund, when requested by the town fiscal officer.

    Additionally, the probation department or clerk of the city or town court shall collect a clerk's administrative fee of one hundred dollars ($100) for felony cases or fifty dollars ($50) for misdemeanor cases. Such probation administrative fees shall be placed in the city or town local supplemental adult probation services fund.

  • Supplemental Public Defender Services Fee

    In a county with a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000) in which a county public defender service is not provided, a supplemental public defender services fund must be established in each city for providing funding for a public defender to represent indigent defendants in a city court. (IC 33-40-3-10)

    IC 33-40-3-2 through IC 33-40-3-9 apply to the locally established supplemental public defender services fund. However, funds otherwise required to be delivered to the county fiscal officer for maintaining a supplemental public defender services fund shall be deposited with the local fiscal officer.

    If at any stage of a prosecution for a felony or a misdemeanor the court makes a finding of ability to pay the costs of representation, the court shall require payment by the person or the person's parent, if the person is a child alleged to be a delinquent child, of the following costs in addition to other costs assessed against the person:

    1. Reasonable attorney's fees if an attorney has been appointed for the person by the court.
    2. Costs incurred by the county as a result of court appointed legal services rendered to the person. The clerk of the court shall deposit costs collected into the supplemental public defender services fund established under IC 33-40-3-1.

    A person ordered to pay any part of the costs of representation has the same rights and protections as those of other judgment debtors under the Constitution of the State of Indiana and under Indiana law.

    The sum of :

    1. the fee collected under IC 35-33-7-6;
    2. any amount assessed by the court under this section; and
    3. any amount ordered to be paid under IC 33-37-2-3;
      may not exceed the cost of defense services rendered to the person.
  • Problem Solving Court Services Fee

    A city court may establish a problem solving court under IC 33-23-16. Such court may charge a fee to individuals placed in a problem solving court program. The board of directors of the Judicial Conference of Indiana shall adopt rules establishing a range of fees that may be accessed to eligible individuals who receive problem solving court services. All problem solving court service fees shall be remitted monthly to the city or town fiscal officer within thirty (30) days after the fees are collected for deposit in the city or town user fee fund.

  • Pro Bono Legal Services Fee

    In each civil action in which the clerk is required to collect a civil costs fee under IC 33-37-4-4(a), the clerk shall, before July 1, 2022, collect a pro bono legal services fee of one dollar ($1). [IC 33-37-5-31]

    The clerk of a city or town court shall distribute semiannually to the auditor of state one hundred percent (100%) of the pro bono legal services fees collected. [IC 33-37-7-8]

Other Uniform Compliance Guidelines

  • Establishment of City and Town Courts

    During 2006, and every fourth year after that, a second or third-class city or a town may by ordinance establish or abolish a city or town court. An ordinance to establish a city or town court must be adopted not less than one (1) year before the judge's term would begin under IC 33-35-1-3.

    The judge for a court shall be elected under IC 3-10-6 or IC 3-10-7 at the municipal election in November 2007 and every four (4) years thereafter.

    A court shall come into existence on January 1 of the year following the year in which a judge is elected to serve in that court.

    A city or town court in existence on January 1, 1986, may continue in operation until it is abolished by ordinance.

    A city or town that establishes or abolishes a court shall give notice of its action to the division of state court administration of the office of judicial administration under IC 33-24-6. [IC 33-35-1-1]

  • Election of Judge - Certain Towns

    IC 3-10-6 and IC 3-10-7 provide for the election of town court judges in years other than municipal election years.   Notwithstanding IC 33-35-1-1, the judge of the town court shall be elected at the next municipal election not conducted in a general election year.   The successors of the judge shall be elected at the first general election following the municipal election and every four (4) years thereafter. [IC 33-35-1-2]

  • Powers of Judges

    A judge of a city or town court may adopt rules for conducting the business of the court and has all powers incident to a court of record in relation to the attendance of witnesses, the punishment of contempts, the enforcement of its orders, and the issuing of commissions for taking depositions in cases pending in the court. The judge may administer oaths and give all necessary certificates for the authentication of the records and proceedings of the court.

    If the judge is temporarily absent or unable to act, the judge shall appoint a reputable practicing attorney to preside in his absence. The special judge has all the powers and rights and shall perform all the duties of the judge of the court as fully as the regular judge appointing the special judge. [IC 33-35-2-1]

  • Jurisdiction - City Courts

    A city court has the following jurisdiction over crimes, infractions, and ordinance violations:

    1. Jurisdiction of all violations of the ordinances of the city.
    2. Jurisdiction of all misdemeanors and all infractions. [IC 33-35-2-3]
  • Jurisdiction - Cities and Towns in Lake County

    The city court of each of the four (4) cities having the largest populations and the town court of a town having the largest population in a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000) have concurrent civil jurisdiction with the circuit court of the county where the amount in controversy does not exceed three thousand dollars ($3,000). The court has jurisdiction in any action where the parties or the subject matter are in the county in which the city is located. However, the city or town court does not have jurisdiction in:

    1. Actions for slander or libel;
    2. Matters relating to decedents' estates, appointment of guardians, and all related matters;
    3. Dissolution of marriage actions; or
    4. Injunction or mandate actions. [IC 33-35-2-5]
  • Jurisdiction - Third Class City not a County Seat

    A city court in a third-class city that is not a county seat and to which IC 33-35-2-5 does not apply has concurrent jurisdiction with the circuit court in civil cases where the amount in controversy does not exceed three thousand dollars ($3,000). However, the city court does not have jurisdiction in actions for slander, libel, foreclosure of mortgages on real estate, where the title to real estate is in issue, all matters relating to a decedent's estate, appointment of guardians and all related matters, and actions in equity, nor does the court have original jurisdiction where the principal defendant resides within another city having a city court with a civil jurisdiction.   Judgments rendered in the city court, when a certified transcript is filed with the clerk of the circuit court, have the same force as judgments rendered in the circuit court. [IC 33-35-2-6]

  • City Courts - Concurrent Jurisdiction

    A city court has concurrent jurisdiction with the circuit court in civil cases where the amount in controversy does not exceed five hundred dollars ($500). However, the city court does not have jurisdiction in actions for slander, libel, foreclosure of mortgage on real estate, where the title to real estate is in issue, matters relating to a decedent's estate, appointment of guardians, and all related matters, and actions in equity.  [IC 33-35-2-4]

  • Title to Land Determination

    If in a proceeding in a city court the title to land is put in issue by plea supported by affidavit, or manifestly appears from the proof on trial to be in issue, the court shall, without further proceeding, certify the cause and papers to the circuit or other court having jurisdiction in the county where the case is being tried. However, if the title to land is put in issue by affidavit or verified pleading, the court shall at once hear and determine whether title is in issue, and, if the proof supports the issue, then the cause shall be certified for final determination, including the issue of title. [IC 33-35-2-7]

  • Town Court Jurisdiction

    A town court has exclusive jurisdiction of all violations of the ordinances of the town.

    A town court also has jurisdiction of all misdemeanors and all infractions. [IC 33-35-2-8]

  • Seal for City or Town Court

    The town court judge or city court judge shall provide, at the expense of the town or city, a seal for the court that must contain on the face the words: "(Town or City) Court of ________, Indiana." A description of the seal, together with an impress of it, shall be put on the records of the court. [IC 33-35-2-2]

  • Election of City and Town Court Judges

    The judge of a city or town court shall be elected under IC 3-10-6 or IC 3-10-7 by the voters of the city or town.

    Except as provided in IC 33-35-1-3 (c) and (d), the term of office of a judge is four (4) years, beginning at noon on January 1 after election and continuing until a successor is elected and qualified.

    In a town that adopts an ordinance under IC 3-10-6-2.6, the term of office of:

    1. A judge elected at the next municipal election not conducted in a general election year is one (1) year; and
    2. The successors to the judge described in subdivision (1) is four (4) years;

    beginning at noon January 1 after election and continuing until a successor is elected and qualified. [IC 33-35-1-3]

    In a town that adopts an ordinance under IC 3-10-7-2.7, the term of office of:

    1. A judge elected at the next municipal election not conducted in a general election year is three (3) years; and
    2. The successors to the judge described in subdivision (1) is four (4) years;

    beginning noon January 1 after election and continuing until a successor is elected and qualified. [IC 33-35-1-3]

  • Official Bond

    Before beginning the duties of office, the judge shall, in the manner prescribed by IC 5-4-1, execute a bond conditioned upon the faithful discharge of the duties of the judge's office. [IC 33-35-1-3(e)]

    NOTE: All employees who handle cash should be covered by some type of bond or crime insurance policy.

  • Residency - City Court Judges

    To be eligible to hold the office of city court judge, as provided by Article 6, Section 6, of the Constitution of the State of Indiana, the judge must be a resident of the city during the term of office or the office becomes vacant. [IC 33-35-1-4]

  • Oath of Office - Bond - Town Courts

    Before beginning the duties of office, the judge of a town court shall take and subscribe to the same oath of office as judges of circuit courts. The judge shall also execute a bond payable to the town in the penal sum of five thousand dollars ($5,000), conditioned upon the faithful performance of the duties of the judge's office with good and sufficient surety.   The bond must be approved by the legislative body of the town and filed in the office of the town clerk-treasurer. [IC 33-35-1-5]

  • Location of Court

    A city court judge shall hold regular sessions of the city court at a place to be provided and designated by the legislative body of the city.

    A town court judge shall hold sessions of the town court as the business of the court demands at a place to be provided and designated by the legislative body of the town. [IC 33-35-4-1]

  • Compensation - Judges

    A city court judge may not receive any fees or compensation other than the judge's salary, as established by the city fiscal body.

    A city court judge of each of the three (3) cities having the largest populations in a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000) is entitled to receive, for additional services that IC 33-35 requires to be performed, three thousand five hundred dollars ($3,500) per year in addition to the salary otherwise provided. The fiscal body of the city shall appropriate the money necessary to pay the additional compensation.

    A town court judge is entitled to receive the compensation that is prescribed by the fiscal body of the town.

    A city court judge is entitled to receive compensation that is prescribed by the fiscal body of the city. [IC 33-35-4-2]

  • City Court Judge Prohibited From Aiding Applicants for Liquor Licenses

    A city court judge may not act as attorney, agent, or counsel for the applicant in a proceeding to procure a license to retail or wholesale intoxicating liquors under IC 7.1 or aid or assist in any manner in the procuring of such a license. A person who recklessly violates this section commits a Class B misdemeanor. [IC 33-35-4-3]

  • Personnel, Expenses and Costs

    Officers of City and Town Courts

    The officers of a city court are a judge, a clerk, and a bailiff. However, in third class cities, the judge may act as clerk and perform all duties of the clerk of the court or appoint a clerk of the court. If the judge does not act as clerk of the court or appoint a clerk of the court, the city clerk-treasurer elected under IC 3-10-6 shall perform the duties of the clerk of the city court. The clerk is an officer of the town court. The judge of a town court may act as clerk and perform all the duties of the clerk of the court or appoint a clerk of the court. If the judge does not act as a clerk of the court or appoint a clerk of the court, the town clerk-treasurer elected under IC 3-10-6 or IC 3-10-7 shall perform the duties of the clerk of the town court. The clerk and bailiff may not receive any fees or compensation other than their salaries. [IC 33-35-3-1]

    Duties of Court Clerk

    In second class cities, the city clerk is the clerk of the city court. The city clerk of a third class city is the clerk of the city court if the judge does not serve as clerk or appoint a clerk under IC 33-35-3-1. A city clerk of a second or third class city or an appointed clerk in a third class city who serves as clerk of the city court shall give bond. The clerk may administer oaths. The clerk of a city or town court shall:

    1. Issue all process of the court, affix the seal of the court to the process, and attest to the process;
    2. Keep a complete record and docket of all cases, showing:   the name of a person who was arrested and brought before the court; the disposition of the case; and an account of the fees, fines, penalties, forfeitures, judgments, executions, decrees, and orders in as near the same manner as the records are kept by the clerk of the circuit court; and
    3. Collect all fees, fines, penalties and forfeitures, judgments, executions, and money accruing to the city or town from the enforcement of ordinances.

    At the close of each week, the clerk shall make out and deliver to the city controller of a second class city, clerk-treasurer of a third class city or clerk-treasurer of a town a written report of all cases in which the clerk has received or collected any fines or forfeitures due the city or town. The clerk shall then pay over the money to the controller or clerk-treasurer and take a receipt for the payment. At the end of each month the clerk shall make out and deliver to the county treasurer of the county in which the city or town is located a written report of all cases in which the clerk has received or collected any fines or forfeitures due the state during the month and then pay to the county treasurer all fines or forfeitures collected, taking a receipt for the payment. In those cities where the county treasurer rather than the city controller receives city money for deposit, the clerk shall report and deliver the money to the county treasurer.

    The clerk shall deposit all court costs collected by the clerk in accordance with IC 33-37-7-12. The clerk shall distribute the state and county share of court costs collected in accordance with IC 33-37-7-8. [IC 33-35-3-2]

    City Court Bailiff

    The bailiff of a city court must be a police officer of the city assigned to the court by the chief of police, under direction of the board of public safety. However, the judge of the city court may appoint another person to serve as bailiff. The bailiff shall give bond payable to the city in the penal sum of one thousand dollars ($1,000), with surety to be approved by the mayor, conditioned on the faithful and honest discharge of the bailiff's duties. The bond shall be filed in the office of the controller or clerk- treasurer. The bailiff:

    1. Shall be present at the sessions of the court, maintaining order and performing all other duties subject to the order of the court;
    2. Shall take charge of all executions issued by the court and see to the collection of them;
    3. Shall keep, in books to be furnished by the controller or clerk-treasurer, an accurate account and docket of all executions that come into the bailiff's hands, showing the names of the defendants, date and number of the execution, amount of fines, fees, or penalties imposed, and the disposition of the execution; and
    4. Shall make out and deliver a written report to the clerk of the court, or to the judge acting as clerk, on Tuesday of each week, showing all money collected by the bailiff during the previous week, giving the names of the defendants, number of executions, amount of fines, fees, or penalties collected, and then pay the money to the clerk, or judge acting as clerk, taking a receipt for the payment.

    The salary of the bailiff of the court shall be fixed as salaries of other police officers are fixed.

    The bailiff of a city court of the three (3) cities having the largest populations in a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000) shall be appointed by the judge of the court. The bailiff shall serve and execute all processes issued by the court and is entitled to receive a salary fixed by the common council of the city. In addition, the bailiff may collect a fee from the defendant for the bailiff's own use on all execution sales of property under an execution or attachment as follows:

    1. On the first fifty dollars ($50), ten percent (10%).
    2. Between fifty dollars ($50) and three hundred dollars ($300), five percent (5%).
    3. On all sums over three hundred dollars ($300), three percent (3%).
    4. Any additional sum necessarily expended by the bailiff in collecting the judgment.

    A bailiff may use the bailiff's private vehicle in the performance of the bailiff's duties and is entitled to receive a sum for mileage equal to the sum paid per mile to state officers and employees.   The payment to the bailiff is subject to the approval of the judge. The judge shall include in the budget for the court sufficient money to provide for the anticipated claims of the bailiff. The common council shall make annual appropriations that are necessary to carry out IC 33-35-3-3(e). [IC 33-35-3-3]

    Service of Process - Town Court

    The town marshal or a deputy marshal shall serve all process issuing from the town court. [IC 33-35-3-4]

    City Court Referee

    The common council of a city having a city court may create the position of city court referee to assist the city court judge in the administration of the judge's duties and the disposition of those matters pending in the court. The common council may authorize more than one (1) referee. After authorization is granted, the judge shall appoint one or more referees. The referee or referees serve at the pleasure of the judge.

    A referee shall take the same oath of office as provided for the judge and must have the same qualifications for office as required for the judge. A referee may administer oaths in the performance of the referee's duties and use the seal of the court. In all cases coming before the referee, the referee shall comply with the requirements of procedure provided for the hearing of cases by the court. The referee shall make a return of the referee's findings and recommendations in writing to the court, which shall proceed to enter the order, judgment, or decree that it considers proper.

    The salary of a referee shall be fixed by the judge subject to the approval of the common council of the city. The common council shall appropriate sufficient money to pay the referee. [IC 33-35-3-5]

    Prosecution of Violations of Statutes and Ordinances

    The prosecuting attorney of the judicial circuit in which the city is located shall prosecute all cases in a city court for violation of statutes. The city attorney shall prosecute all cases of violations of the ordinances of the city. [IC 33-35-3-6]

    Forms and Records - Judge to Provide

    A judge of a city or town court shall provide, at the expense of the city or town, all books, dockets, papers, and printed blanks necessary for the discharge of the duties of the court. [IC 33-35-3-7]

    Court Costs in Lake County

    A clerk of a city court in a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000) shall deposit all court costs collected by the clerk in accordance with IC 33-37-7-12. The fees received by the controller from the clerk shall be paid into the city treasury at the time of the semiannual settlement for city revenue.

    If the party instituting an action or proceeding recovers judgment, the judgment must also include as costs an amount equal to the small claims costs fee, the small claims garnishee service fee and the small claims service fee prescribed under IC 33-37-4-6.

    Money paid in advance for costs remaining unexpended at the time an action or proceeding is terminated, whether by reason of dismissal or otherwise, shall be returned to the party or parties making payment. However, this does not apply to civil actions or proceedings instituted by or on behalf of the state or any of the state's political subdivisions. [IC 33-35-3-9]

  • Records, Procedures and Practice

    Court Rules, Change of Venue, Issuance of Warrants

    City courts are governed by the laws and rules governing the practice, pleading, and processes in circuit courts. [IC 33-35-5-1]

    A change of venue may not be taken from a city or town court, but any defendant may take a change of venue from the judge of the court, with a special judge appointed as provided for the circuit court. [IC 33-35-5-2]

    All warrants or other processes issued by the city court shall be directed to the chief of police of the city or any person specially deputized by the city court and shall be executed, served, and returned by the chief, by any police officer of the city, or by the specially deputized person.   The members of the police force of the city shall cause all persons arrested by them for a violation of any law to be taken before the city court for trial or examination. [IC 33-35-5-3]

    East Chicago, Gary, and Hammond Courts - Civil Records

    City courts of the three (3) cities having the largest populations in counties having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000) shall keep the following books of record on the civil side of the court:

    1. A loose-leaf minute book, similar to that kept by the circuit court, each case to be numbered consecutively in order of its filing.
    2. Index and cross-index book, containing the names of all parties to each action with the number of the case opposite the name.
    3. A fee book as is provided for city courts.
    4. An order book in which all orders of a cause shall be written consecutively when final judgment or order is entered.

    The case should bear the same number as originally given the case when filed and shall be arranged in the order book consecutively according to the original number given the case when filed. All orders, proceedings, records of issuing execution, returns of execution, and satisfactions of execution shall be grouped together, if practical, on one (1) page or consecutive pages where there is not sufficient room to group it on one (1) page. All costs in a cause shall be taxed on the margin of the page containing the final order or judgment. All orders not connected with a specific case, such as general appointments made by the judge, shall be entered in the minute book under a separate number and recorded in the record book under that case number. [IC 33-35-5-4]

    Trial by Judge or Jury

    All issues of fact pending in city courts shall be tried by the judge, unless either party demands a jury trial. The jury must consist of six (6) qualified voters of the city, to be summoned by the bailiff by venire issued by the judge. [IC 33-35-5-5]

    Style of City or Town Court

    The style of the city or town court is "The (City or Town) Court of ," according to the name of the city or town. [IC 33-35-5-6]

    Attorney Status - Judges of Certain Courts

    A city court is not a court of record. A town court is not a court of record.

    A person selected as judge of the following courts must be an attorney in good standing under the requirements of the supreme court:   (1) Anderson city court, (2) Avon town court, (3) Brownsburg town court, (4) Carmel city court, (5) A city or town court located in Lake County, (6) Muncie city court, (7) Noblesville city court, (8) Plainfield town court, (9) Greenwood city court, and (10) Martinsville city court. [IC 33-35-5-7]

  • Effect of Orders of City and Town Courts

    All judgments, decrees, orders, and proceedings of city and town courts have the same force as those of the circuit court. A judgment becomes a lien on real estate when a transcript of the judgment is filed with the clerk of the circuit court.

    All orders of sale and executions affecting real estate from the city court of the three (3) cities having the largest populations in a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000) shall be issued by the clerk of the circuit court to the sheriff upon filing of a certified copy of the judgment. When the copy is filed, the court rendering the judgment has no further jurisdiction of the case except to furnish a transcript for appeal. The life of a lien may be continued in force when the action is started in the city court, as though the action were filed in the circuit court, by filing with the clerk of the circuit court a certificate, certified to by the judge of the city court and containing:

    1. the names of the parties to the suit;
    2. the nature of the action;
    3. the description of the property affected; and
    4. the amount in controversy.

    The judge shall enter minutes on the docket showing the issuing of the certificates. [IC 33-35-5-8]

  • Appeal From City Court and Town Court

    An appeal from a judgment of a city court may be taken to the circuit or superior court of the county and tried de novo.

    An appeal from a judgment of a town court may be taken to the superior or circuit court of the county within thirty (30) days from the rendition of the judgment. [IC 33-35-5-9]

    NOTE: TRIAL DE NOVO RULES 1, 2, and 3 require city and town courts receiving such appeals to vacate judgments within 15 days of the entry of the judgment. All court costs collected by a city or town court in a trial de novo case shall be retained. Any judgments or fines collected shall be sent to the clerk of the circuit court.

  • Appeal by Prisoner

    A prisoner against whom punishment is adjudged by a city court may appeal to the circuit court of the county, within thirty (30) days after the judgment. If the prisoner, within the thirty (30) days, enters into recognizance for his appearance in court and causes to be filed in the court, within forty-five (45) days, all other papers, documents, and transcripts necessary to complete his appeal, then the appeal stays all further proceedings on the judgment in the court below. However, the prisoner may remain in jail on the prisoner's sentence instead of furnishing a recognizance and an appeal without recognizance does not stay the execution of the court below. [IC 33-35-5-9]

  • Appeal in Civil Action - Bond - Change of Venue - East Chicago, Gary and Hammond

    A party in a civil action who desires to take an appeal from the city court of a second-class city in a county having three (3) or more second-class cities shall file a bond, to the approval of the city court, within thirty (30) days from the date of rendition of final judgment, and the motion to correct errors within ten (10) days after the rendition of final judgment. The transcript and motion shall be filed in the court to which the appeal is taken within thirty (30) days after the motion has been signed by the court.

    All errors saved shall be reviewed as far as justice warrants, and for that purpose, a complete transcript of all the evidence is not required. An error occurring during the trial, not excepted to at the time, may be made available upon appeal by setting it forth in a motion for a new trial. Upon application within the time fixed, either of the parties to the suit may obtain either a correct statement, to be prepared by the party requesting the signing of the same, of the facts in a narrative form appearing on the trial and of all questions of law involved in the case and the decisions of the court upon the questions of law, or a correct stenographic report, and the expense of procuring the correct statement or correct stenographic report shall be paid by the party requesting the correct statement or correct stenographic report.

    The appeal shall be submitted upon the date filed in the court to which the appeal is taken, shall be advanced upon the docket of that court, and shall be as determined at the earliest practical date, without any extension of time for filing of briefs, but the court to which an appeal is taken may, on application, hear oral arguments.

    If judgment is affirmed on appeal, it may be increased by ten percent (10%), in addition to any interest that may be allowed, if the appeal is found to be frivolous.

    A change of venue may be taken from the judge to whom the case is appealed as provided by law for taking changes of venue from the judge of the circuit court.

    The court to which an appeal is taken shall render its opinion in abbreviated form by simply citing the controlling authorities in the case, unless it appears that some new question of practice, procedure, or law is involved that would warrant a more extensive opinion. [IC 33-35-5-10]

  • Unclaimed Money Over Five Years Old

    All items that can be legally disbursed should be paid immediately to the person or persons entitled thereto. All fees and funds five or more years old, including old outstanding checks, should be scheduled on forms provided by the Attorney General and paid over to the Attorney General as required by IC 32-34-1-20(c)(7).   Items should not be allowed to accumulate beyond the five year anniversary date.

  • Deposit of Funds

    All funds collected by a city or town court shall be deposited not later than the business day following the receipt of funds in depositories selected by the city or town as provided in an ordinance adopted by the city or town and approved as depositories of state funds. [IC 5-13-6-1(d)]

    All funds shall be deposited in the same form in which they were received.

  • Monthly Reconcilements

    Financial records of a city or town court shall be reconciled with the balance statements provided by the respective depository (or depositories) at least monthly. [IC 5-13-6-1(e)]

  • Optical Images of Checks

    IC 5-15-6-3(a) authorizes financial institutions to provide optical images of checks in lieu of the actual canceled checks. However, IC 26-2-8-111(e) requires such optical images to contain the information on both the front and back of the checks.

  • Ordinance Violations Costs - While Defendant is Not liable

    The defendant is not liable for any ordinance violation costs fee in an action in which:

    1. The defendant was charged with an ordinance violation subject to IC 33-36;
    2. The defendant denied the violation under IC 33-36-3;
    3. Proceedings in court against the defendant were initiated under IC 34-28-5 (or IC 34-4-32 before its repeal); and
    4. The defendant was tried and the court entered judgment for the defendant for the violation. [IC 33-37-4-2]

    Such cases should be designated as Case Class Code OE.

  • Old Outstanding Checks Not Returned

    In order to eliminate old outstanding checks from the records, the court should perform the following:

    1. Issue a formal stop payment order to the bank upon which each check is drawn.
    2. Enter the amount of each check as a receipt in the cash book. Post the respective amounts to the trust column of the cash book and enter each amount in the name of the payee in the register of trust funds.
    3. Since the checks have never cleared the bank, the amount is still on deposit. Therefore, when all such checks are charged to the records and reinstated in the trust register, the original check number will be eliminated as outstanding in the next reconcilement with the bank.
    1. If, at the time such checks are restored to the records, the original dates indicate the checks have been outstanding for five or more years, they should be paid over to the Attorney General immediately. The original date should be shown in the register of trust funds. If the checks are not five years old they should be held until the five year period has elapsed.

    The entry in the cash book should be:

    "Old Outstanding Check No._______ issued________Date__________, to (Name)________," and extend the amounts to the total and trust fund columns.

    Since outstanding checks of the court are not included within the meaning of IC 5-11-10.5, city and town courts are to follow the preceding steps in handling old outstanding checks.

    City and town courts are required to report these items to the Attorney General annually online. For information on reporting online, contact the Attorney General's office at upholder@indianaunclaimed.com or 1-800-447-5598.

  • Petty Cash Fund

    As provided by IC 36-1-8-3, the fiscal body of a political subdivision may establish a petty cash fund for the purpose of paying small or emergency items of operating expense. A receipt shall be taken for each and every expenditure from such fund and an accounts payable voucher shall be filed by the custodian of the fund, to reimburse such fund for expenditures so made. No reimbursement shall be made unless there is attached to the accounts payable voucher receipts totaling the amount so claimed. Such reimbursement shall be approved, allowed and paid in the same manner as other accounts payable vouchers. The amount of the fund shall be established by the fiscal body of the political subdivision.

Other Uniform Compliance Guidelines - Continued

  • Cash Change Fund

    The establishment of a cash change fund is recommended for each department of a city or town collecting licenses, fees, utility service charges or any other cash revenues. The authority for such fund is IC 36-1-8-2. The fiscal body of the political subdivision must authorize the establishment of the cash change fund.

    An accounts payable voucher should be filed by the officer or employee who is charged with the duty of collecting the cash revenues for the amount deemed necessary for presentation to the proper board. The amount of the fund must be established by the fiscal body. The accounts payable voucher should contain a statement regarding the necessity for such fund together with the statutory reference authorizing its establishment.

  • Computer Output

    Public records, financial statement information and supporting information generated through a computer system should be printed out on paper, printed to disk or maintained on line at the end of each reporting year and retained for audit. Information must be maintained in a manner that will allow access for audit and public inquiry on equipment of the governmental unit.

  • Correction of Errors

    Receipt and disbursement corrections or other errors should be corrected by memorandum entry with the issuance of a check and receipt to document the flow of the transactions.

  • Condition of Records

    At all times, the manual and computerized records, subsidiary ledgers, control ledger, and reconciled bank balance should agree. If the reconciled bank balance is less than the subsidiary or control ledgers, then the responsible official or employee may be held personally responsible for the amount needed to balance the fund.

  • Investment of Costs and Fees Due State

    The State's portion of court costs, along with the State fees which are sent directly to the Auditor of State, may be invested by the Court Clerk while awaiting transmittal to the State. Such investments would be limited to those permitted under IC 5-13-9.

    The interest earned should be receipted to the city or town general fund. Since the city or town court budget is a department within the general fund budget, it is possible that (with common council or town council approval) the interest income generated could be taken into consideration when reviewing the court's requirements during the annual budget process.

  • Refunds, NSF Checks, Partial Payments

    Each court should establish written guidelines on how to handle refunds and NSF checks. Such policy should also address whether the court will accept partial payments of the court costs, fines, and fees which are due.

  • Audit Costs

    Audit costs incurred because of theft and shortage may be the personal obligation of the responsible official or employee.

    Audit costs or other costs incurred because of poor records, nonexistent records or other inadequate bookkeeping practices may be the personal obligation of the responsible official or employee of the governmental unit.

    Any outside audit costs paid, not authorized by statue, may be considered a duplication of service and an unnecessary expense. These payments may be the personal obligation of the responsible official or employee.

  • Internal Controls

    Governmental units should have internal controls in effect which provide reasonable assurance regarding the reliability of financial information and records, effectiveness and efficiency of operations, proper execution of management's objectives, and compliance with laws and regulations. Among other things, segregation of duties, safeguarding controls over cash and all other assets and all forms of information processing are necessary for proper internal control.

    Controls over the receipting, disbursing, recording, and accounting for the financial activities are necessary to avoid substantial risk of invalid transactions, inaccurate records and financial statements and incorrect decision making.

  • Malfeasance, Misfeasance or Nonfeasance

    Funds misappropriated, diverted or unaccounted for through malfeasance, misfeasance or nonfeasance in the office of any officer or employee may be the personal obligation of the responsible officer or employee.

  • Bail Bonds and Bail Procedures

    A court may admit a defendant to bail and impose any of the following conditions to assure the defendant's appearance at any stage of the legal proceedings, or, upon a showing of clear and convincing evidence that the defendant poses a risk of physical danger to another person or the community, to assure the public's physical safety:

    1. Require the defendant to:
    • execute a bail bond with sufficient solvent sureties;
    • deposit cash or securities in an amount equal to the bail;
    • execute a bond secured by real estate in the county, where thirty-three hundredths (0.33) of the true tax value less encumbrances is at least equal to the amount of the bail;
    • post a real estate bond; or
    • perform any combination of the requirements described in clauses (A) through (D).

    If the court requires the defendant to deposit cash or cash and another form of security as bail, the court may require the defendant and each person who makes the deposit on behalf of the defendant to execute an agreement that allows the court to retain all or a part of the cash to pay publicly paid costs of representation and fines, costs, fees, and restitution that the court may order the defendant to pay if the defendant is convicted. The defendant must also pay the fee required by IC 35-33-8-3.2(d).

    2. Require the defendant to execute:

    • a bail bond by depositing cash or securities with the clerk of the court in an amount not less than ten percent (10%) of the bail; and
    • an agreement that allows the court to retain all or a part of the cash or securities to pay fines, costs, fees, and restitution that the court may order the defendant to pay if the defendant is convicted.

    A portion of the deposit, not to exceed ten percent (10%) of the monetary value of the deposit or fifty dollars ($50), whichever is the lesser amount, may be retained as an administrative fee. The clerk shall also retain from the deposit fines, costs, fees, and restitution as ordered by the court, publicly paid costs of representation that shall be disposed of, and the fee required by IC 35-33-8-3.2(d). In the event of the posting of a real estate bond, the bond shall be used only to insure the presence of the defendant at any stage of the legal proceedings, but shall not be foreclosed for the payment of fines, costs, fees, or restitution.

    The individual posting bail for the defendant or the defendant admitted to bail must be notified by the sheriff, court or clerk that the defendant's deposit may be forfeited or retained.

    1. Impose reasonable restrictions on the activities, movements, associations, and residence of the defendant during the period of release.
    2. Require the defendant to refrain from any direct or indirect contact with an individual.
    3. Place the defendant under the reasonable supervision of a probation officer or other appropriate public official.
    4. Release the defendant into the care of a qualified person or organization responsible for supervising the defendant and assisting the defendant in appearing in court. The supervisor shall maintain reasonable contact with the defendant in order to assist the defendant in making arrangements to appear in court and, where appropriate, shall accompany the defendant to court.   The supervisor need not be financially responsible for the defendant.
    5. Release the defendant on personal recognizance unless:
    1. the state presents evidence relevant to a risk by the defendant:
      • of nonappearance; or
      • to the physical safety of the public; and
    2. the court finds by a preponderance of the evidence that the risk exists.

    8. Impose any other reasonable restrictions designed to assure the defendant's presence in court or the physical safety of another person or the community.

    Within thirty (30) days after disposition of the charges against the defendant, the court that admitted the defendant to bail shall order the clerk to remit the amount of the deposit remaining under IC 35-33-8-3.2(a)(2) to the defendant.   The portion of the deposit that is not remitted to the defendant shall be deposited by the clerk in the supplemental public defender services fund established under IC 33-40-3.

    For purposes of IC 35-33-8-3.2(b), "disposition" occurs when the indictment or information is dismissed, or the defendant is acquitted or convicted of the charges.

    Except as provided in IC 35-33-8-3.2(e), the clerk of the court shall:

    1. collect a fee of five dollars ($5) from each bond or deposit required under IC 35-35-8-3.2 (a)(1); and
    2. retain a fee of five dollars ($5) from each deposit under IC 33-8-3.2 (a)(2).

    The clerk of the court shall semiannually remit the fees collected to the board of trustees of the public employees' retirement fund for deposit in the special death benefit fund. The fee required by subdivision (2) is in addition to the administrative fee retained under IC 35-33-8-3.2 (a)(2).

    With the approval of the clerk of the court, the county sheriff may collect the bail posted. The county sheriff shall remit the bail to the clerk of the court by the following business day and remit monthly the five dollar ($5) special death benefit fee to the county auditor.

    When a court imposes a condition of bail described in IC 35-33-8-3.2(a)(4):

    1. the clerk of the court shall comply with IC 5-2-9; and
    2. the prosecuting attorney shall file a confidential form prescribed or approved by the division of state court administration with the clerk. [IC 35-33-8-3.2]
  • Clerk's Record Perpetuation Fund

    Each Clerk of a City or Town Court shall establish a Clerk's Record Perpetuation Fund.   The Clerk shall deposit in the fund all: (1) revenue received by the Clerk for the transmitting of documents by facsimile machine to a person under IC 5-14-3; (2) document storage fees required under IC 33-37-5-20; and (3) administrative costs for collecting probation user fees under IC 35-38-2-1.

    Such fees are to be remitted by the Court to the City or Town fiscal officer at the end of each month.

    The Clerk of a City or Town Court may use the money in the fund for the preservation of records, the improvement of record keeping systems and equipment, and the case management system.   The fund would require appropriation. [IC 33-37-5-2]

  • Ordinance Violations - Interlocal Agreement with Other Cities or Towns to Hear and Dispose of Cases

    A city or town that has not established a court may enter into an interlocal agreement under IC 36-1-7 with a city or town that (1) has established a court; and (2) is located in the same judicial circuit as the city or town that has not established a court; to hear and dispose of ordinance violations that would otherwise come under the jurisdiction of a court established by the city or town. The sums collected by violations clerk that involve the city or town that has not established a court shall be accounted for and paid as provided in the interlocal agreement. [IC 33-36-2-4]

  • Driver Improvement Courses

    If a person has been found to have committed a traffic offense, the court may do the following:

    1. Require the person to attend and satisfactorily complete a driver improvement course that has been approved by the court and the bureau or by the bureau.
    2. Place the person on probation for up to one (1) year.
    3. Suspend the person's driver's license for up to thirty (30) days.

    A driver improvement course may be financed by assessing a reasonable charge as determined by the course provider and approved by the Bureau of Motor Vehicles. [IC 9-30-3-16]

  • Record Retention

    IC 5-15-6-3 states that no financial records may be destroyed before three (3) years elapse after the date when the records were originally filed. No financial records may be destroyed until an audit by the State Board of Accounts has been completed, report filed, and any exceptions set out in the report are satisfied.

    On March 21, 2001, the following retention schedules were adopted for cities and towns with populations above 5,000 and for all towns below 5,000 population:

    City and Town Form No.Form Retention Period

    213CT

    (Rev. 2012)

    City/Town Court Cash Book

    Permanent

    213A

    (1992)

    City/Town Court Detailed Ledger of Local User Fees

    Permanent

    214CT

    (Rev. 2012)

    City/Town Court Receipt

    6 Years

    215CT

    (Rev. 2009)

    City/Town Court Check

    10 Years

    217CT

    (Rev. 2005)

    Report to County Auditor of Fines and Fees Collected in City/Town Court

    4 Years

    218CT

    (Rev. 2008)

    City/Town Court Transmittal Report to Fiscal Officer

    4 Years

    219CT

    (Rev. 2012)

    City/Town Court Daily/Monthly Balance Record

    Permanent

    County Form 41(1990)Fee Book6 Years
    General Form 102(1959)Register of Trust FundsPermanent

    When destroying records that are not permanent, a court must submit documentation of the destruction to the County Commission on Public Records and the State Archives. The court should also notify any active genealogical societies and historical societies located in the county before destruction.

  • Adult Probation

    Whenever it places a person on probation, the court shall:

    1. specify in the record the conditions of the probation; and
    2. advise the person that if the person violates a condition of probation during the probationary period, a petition to revoke probation may be filed before the earlier of the following:
    • One (1) year after the termination of probation.
    • Forty-five (45) days after the state receives notice of the violation.

    In addition, if the person was convicted of a felony and is placed on probation, the court shall order the person to pay to the probation department the user's fee prescribed under IC 35-38-2-1(c).   If the person was convicted of a misdemeanor, the court may order the person to pay the user's fee prescribed under IC 35-38-2-1(d). The court may:

    1. modify the conditions (except a fee payment may only be modified as provided in IC 35-38-2-1.7(b); or
    2. terminate the probation;

    at any time. If the person commits an additional crime, the court may revoke the probation.

    If a clerk of a court collects a probation user's fee, the clerk:

    1. may keep not more than three percent (3%) of the fee to defray the administration costs of collecting the fee and shall deposit any fee kept under this subsection in the clerk's record perpetuation fund established under IC 33-37-5-2; and
    2. if requested to do so by the county auditor, city fiscal officer, or town fiscal officer under clause (A), (B), or (C), transfer not more than three percent (3%) of the fee to the:
    • county auditor, who shall deposit the money transferred under this subdivision into the county general fund;
    • city general fund when requested by the city fiscal officer; or
    • town general fund when requested by the town fiscal officer.

    In addition to any other conditions of probation, the court shall order each person convicted of a felony to pay:

    1. not less than twenty-five dollars ($25) nor more than one hundred dollars ($100) as an initial probation user's fee;
    2. a monthly probation user's fee of not less than fifteen dollars ($15) nor more than thirty dollars ($30) for each month that the person remains on probation;
    3. the costs of the laboratory test or series of tests to detect and confirm the presence of the human immunodeficiency virus (HIV) antigen or antibodies to the human immunodeficiency virus (HIV) if such tests are required by the court under IC 35-38-2-2.3;
    4. an administrative fee of one hundred dollars ($100); to either the probation department or the clerk.

    In addition to any other conditions of probation, the court may order each person convicted of a misdemeanor to pay:

    1. not more than fifty dollars ($50) initial probation user's fee;
    2. a monthly probation user's fee of not less than ten dollars ($10) nor more than twenty dollars ($20) for each month that the person remains on probation;
    3. the costs of the laboratory test or series of tests to detect and confirm the presence of the human immunodeficiency virus (HIV) antigen or antibodies to the human immunodeficiency virus (HIV) if such tests are required by the court under IC 35-38-2-2.3; and
    4. an administrative fee of fifty dollars ($50); to either the probation department or the clerk.

    The probation department or clerk shall collect the administrative fee under subsection (4) before collecting any other fee. All money collected by the probation department or the clerk of a city or town court under this section shall be transferred to the fiscal officer of the city or town for deposit into the local supplemental adult probation services fund. The fiscal body of the city or town shall appropriate money from the local supplemental adult probation services fund to the city or town court of the city or town for the court's use in providing probation services to adults or for the court's use for other purposes as may be appropriated by the fiscal body.   Money may be appropriated only to those city or town courts that have an adult probation services program. If a city or town court does not have such a program, the money collected by the probation department must be transferred to the county treasurer.

    The local supplemental adult probation services fund may be used only to supplement probation services and to supplement salaries for probation officers. A supplemental probation services fund may not be used to replace other funding of probation services. Any money remaining in the fund at the end of the year does not revert to any other fund but continues in the local supplemental adult probation services fund.

    A person placed on probation for more than one (1) crime:

    1. may be required to pay more than one (1) initial probation user's fee; and
    2. may not be required to pay more than one (1) monthly probation user's fee per month; to the probation department or the clerk.

    In a city or town located in Elkhart County, any money remaining in the local supplemental adult probation services fund at the end of the local fiscal year may be appropriated by the city or town fiscal body to the city or town court for use by the court for purposes determined by the fiscal body.

    In addition to other methods of payment allowed by law, a probation department may accept payment of fees by credit card (as defined in IC 14-11-1-7). The liability for payment is not discharged until the probation department receives payment or credit from the institution responsible for making the payment or credit.

    The probation department may contract with a bank or credit card vendor for acceptance of bank or credit cards. However, if there is a vendor transaction charge or discount fee, whether billed to the probation department or charged directly to the probation department's account, the probation department may collect a credit card service fee from the person using the bank or credit card. The fee collected is a permitted additional charge to the money the probation department is required to collect.

    The probation department shall forward the credit card service fees collected to the city or town fiscal officer. These funds may be used without appropriation to pay the transaction charge or discount fee charged by the bank or credit card vendor. [IC 35-38-2-1]

    A person may pay a monthly probation user's fee under IC 35-38-2-1 or IC 35-38-2-1.5 before the date the payment is required to be made without obtaining the prior approval of a court or a probation department. However, if the person is discharged from probation before the date the person was scheduled to be released from probation, any monthly probation user's fee paid in advance by the person may not be refunded.

    A probation department may petition a court to:

    1. impose a probation user's fee on a person; or
    2. increase a person's probation user's fee;

    if the financial ability of the person to pay a probation user's fee changes while the person is on probation.

    An order to pay a probation user's fee under section 1 or 1.5 of this chapter:

    1. is a judgment lien that:
    • attaches to the property of the person subject to the order;
    • may be perfected;
    • may be enforced to satisfy any payment that is delinquent; and
    • expires; in the same manner as a judgment lien created in a civil proceeding;

    2. is not discharged by the completion of the person's probationary period or other sentence imposed on the person; and

    3. is not discharged by the liquidation of a person's estate by a receiver under IC 32-30-5.

    If a court orders a person to pay a probation user's fee, the court may garnish the wages, salary, and other income earned by the person to enforce the order.

    If:

    1. a person is delinquent in paying the person's probation user's fees required; and
    2. the person's driver's license or permit has been suspended or revoked or the person has never been issued a driver's license or permit;

    the court may order the bureau of motor vehicles to not issue a driver's license or permit to the person until the person has paid the person's delinquent probation user's fees. [IC 35-38-2-1.7]

  • Golf Cart Infractions

    IC 9-21-8-57 states that a golf cart may not be operated on a highway except in accordance with an ordinance adopted under IC 9-21-1-3(a)(14) or IC 9-21-1-3.3(a) authorizing the use of a golf cart on the highway. IC 9-21-1-3.3 states that a fine assessed for violations of such ordinances shall be deposited in the city or town's general fund and that a person who violates such ordinance commits a Class C infraction.

Illustrated Forms