Bill Text: IN HB1061 | 2013 | Regular Session | Engrossed
Bill Title: Magistrates.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2013-05-13 - Public Law 100 [HB1061 Detail]
Download: Indiana-2013-HB1061-Engrossed.html
Citations Affected: IC 33-33.
Synopsis: Magistrates. Allows the judges of the Marion superior court
to appoint 12 full-time magistrates after December 31, 2013. Allows
the judges of the Warrick circuit and superior courts to jointly appoint
a magistrate.
Effective: July 1, 2013.
(SENATE SPONSORS _ BECKER, SCHNEIDER)
January 7, 2013, read first time and referred to Committee on Courts and Criminal Code.
February 7, 2013, reported _ Do Pass. Referred to Committee on Ways and Means
pursuant to Rule 127.
February 18, 2013, amended, reported _ Do Pass.
February 20, 2013, read second time, ordered engrossed. Engrossed.
February 21, 2013, read third time, passed. Yeas 94, nays 0.
February 27, 2013, read first time and referred to Committee on Judiciary.
March 14, 2013, reported favorably _ Do Pass; reassigned to Committee on Appropriations.
March 21, 2013, reported favorably _ Do Pass.
March 26, 2013, read second time, amended, ordered engrossed.
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A BILL FOR AN ACT to amend the Indiana Code concerning
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(2) twelve (12) full-time magistrates under IC 33-23-5 after December 31, 2013, not more than six (6) of whom may be from the same political party.
(b) The magistrates continue in office until removed by the vote of a majority of the judges of the court.
(c) A party to a superior court proceeding that has been assigned to
a magistrate appointed under this section may request that an elected
judge of the superior court preside over the proceeding instead of the
magistrate to whom the proceeding has been assigned. A request under
this subsection must be in writing and must be filed with the court:
(1) in a civil case, not later than:
(A) ten (10) days after the pleadings are closed; or
(B) thirty (30) days after the case is entered on the
chronological case summary, in a case in which the defendant
is not required to answer; or
(2) in a criminal case, not later than ten (10) days after the
omnibus date.
Upon a timely request made under this subsection by either party, the
magistrate to whom the proceeding has been assigned shall transfer the
proceeding back to the superior court judge.
(b) The judge of the Warrick circuit court and the judges of the Warrick superior courts may jointly appoint one (1) full-time magistrate under IC 33-23-5 to serve the circuit and superior courts.
(c) The magistrate continues in office until jointly removed by the judge of the Warrick circuit court and the judges of the Warrick superior courts.
