Introduced Version
SENATE BILL No. 203
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 33-33-33.
Synopsis: Henry County courts. Establishes a unified circuit court for
Henry County by combining the current judge of the Henry circuit
court and the two judges of the Henry superior court into a unified
circuit court with three judges. Specifies that the Henry superior court
judges serving on June 30, 2011, serve as judges of the unified circuit
court beginning July 1, 2011. Transfers all cases and other matters
pending in the Henry superior court at the close of business on June 30,
2011, to the circuit court on July 1, 2011. Repeals provisions
concerning the establishment and operation of the Henry superior
court.
Effective: June 30, 2011; July 1, 2011.
Gard
January 5, 2011, read first time and referred to Committee on Judiciary.
Introduced
First Regular Session 117th General Assembly (2011)
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SENATE BILL No. 203
A BILL FOR AN ACT to amend the Indiana Code concerning
courts and court officers.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 33-33-33-8; (11)IN0203.1.1. -->
SECTION 1. IC 33-33-33-8 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]:
Sec. 8. (a) The Henry circuit court is a court of general
jurisdiction with three (3) judges. The divisions of the court shall
be known as Henry circuit court No. 1, No. 2, and No. 3. Henry
County constitutes the judicial district of the court and each of the
court's divisions. The court shall maintain the following dockets:
(1) A small claims and misdemeanor division under
IC 33-28-3 that has a:
(A) small claims docket; and
(B) minor offenses and violations docket.
(2) Criminal.
(3) Juvenile.
(4) Civil.
(5) Probate.
(b) The assignment of judges of the circuit court to the dockets
specified in subsection (a) must be by rule of the circuit court.
However, Henry circuit court No. 3 shall have a standard small
claims and misdemeanor docket.
SOURCE: IC 33-33-33-9; (11)IN0203.1.2. -->
SECTION 2. IC 33-33-33-9 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]: Sec. 9. The judges of the circuit court shall select from
among themselves a presiding judge of the circuit court.
SOURCE: IC 33-33-33-10; (11)IN0203.1.3. -->
SECTION 3. IC 33-33-33-10 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 10. When any action of the entire
circuit court is required, the judges of the circuit court shall act in
concert. If the judges disagree, the decision of the majority of the
judges present and voting controls.
SOURCE: IC 33-33-33-11; (11)IN0203.1.4. -->
SECTION 4. IC 33-33-33-11 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 11. In accordance with rules
adopted by the judges of the circuit court under section 12 of this
chapter, the presiding judge shall do the following:
(1) Ensure that the circuit court operates efficiently and
judicially.
(2) Annually submit to the fiscal body of Henry County a
budget for the court, including amounts necessary for the
following:
(A) The operation of the circuit's probation department.
(B) The defense of indigents.
(3) Make the appointments or selections required of a circuit
or superior court judge.
SOURCE: IC 33-33-33-12; (11)IN0203.1.5. -->
SECTION 5. IC 33-33-33-12 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 12. (a) The judges of the circuit
court shall adopt rules to provide for the administration of the
circuit court, including rules governing the following:
(1) Allocation of case load.
(2) Legal representation for indigents.
(3) Budgetary matters of the circuit court.
(4) Operation of the probation department.
(5) Term of administration of the presiding judge.
(6) Employment and management of circuit court personnel.
(7) Cooperative efforts with other courts for establishing and
administering shared programs and facilities.
(b) The circuit court shall file with the division of state court
administration a copy of the rules adopted under this section.
SOURCE: IC 33-33-33-13; (11)IN0203.1.6. -->
SECTION 6. IC 33-33-33-13 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 13. (a) Each judge of the circuit
court may, subject to the budget approved for the court by the
fiscal body of Henry County, employ personnel necessary for the
proper administration of the judge's docket.
(b) Personnel employed under this section:
(1) include court reporters, bailiffs, clerical staff, and any
additional officers necessary for the proper administration of
the circuit court; and
(2) are subject to the rules concerning employment and
management of circuit court personnel adopted by the circuit
court under section 12 of this chapter.
SOURCE: IC 33-33-33-2; IC 33-33-33-3; IC 33-33-33-4; IC 33-33-
33-5; IC 33-33-33-6; IC 33-33-33-7.
; (11)IN0203.1.7. -->
SECTION 7. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2011]: IC 33-33-33-2; IC 33-33-33-3; IC 33-33-33-4;
IC 33-33-33-5; IC 33-33-33-6; IC 33-33-33-7.
SOURCE: ; (11)IN0203.1.8. -->
SECTION 8. [EFFECTIVE JUNE 30, 2011]
(a) A judge of a
Henry superior court established by IC 33-33-33-2, as repealed by
this act, serving on the Henry superior court on June 30, 2011, is
entitled to serve as one (1) of the two (2) judges added to the Henry
circuit court under IC 33-33-33-8, as added by this act, for a term
beginning July 1, 2011. The judge may serve as judge of the Henry
circuit court until the expiration of the Henry superior court term
that the judge was serving under the law in effect on June 30, 2011.
(b) The superior courts for Henry County are abolished as of
July 1, 2011. All cases and other matters pending in the Henry
superior courts at the close of business on June 30, 2011, shall be
transferred to the Henry circuit court on July 1, 2011. A case or
other matter transferred under this SECTION shall be treated as
if the case or other matter were originally filed in the Henry circuit
court.
(c) On July 1, 2011, all property and obligations of the Henry
superior courts become the property and obligations of the Henry
circuit court.
(d) This SECTION expires January 1, 2017.