Bill Text: IN SB0463 | 2011 | Regular Session | Enrolled
Bill Title: Mandatory retirement age for trial court judges.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2011-05-18 - Effective 07/01/2011 [SB0463 Detail]
Download: Indiana-2011-SB0463-Enrolled.html
First Regular Session 117th General Assembly (2011)
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SENATE ENROLLED ACT No. 463
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 33-29-1-3; (11)SE0463.1.1. -->
SECTION 1. IC 33-29-1-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. (a) A standard
superior court judge is elected at the general election every six (6)
years in the county in which the court is located. The judge's term
begins January 1 following the election and ends December 31
following the election of the judge's successor.
(b) To be eligible to hold office as a judge of a standard superior court, a person must be:
(1) a resident of the county in which the court is located;
(2) less than seventy (70) years of age at the time the judge takes
office; and
(3) (2) admitted to practice law in Indiana.
(b) To be eligible to hold office as a judge of a standard superior court, a person must be:
(1) a resident of the county in which the court is located;
SOURCE: IC 33-33-22-2; (11)SE0463.1.2. -->
SECTION 2. IC 33-33-22-2, AS AMENDED BY P.L.82-2010,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 2. (a) There are established three (3) courts of
record to be known as the Floyd superior court No. 1, Floyd superior
court No. 2, and Floyd superior court No. 3.
(b)Except as provided in section 3 of this chapter, Each Floyd
superior court is a standard superior court as described in IC 33-29-1.
(c) Floyd County comprises the judicial district of each court.
(b)
(c) Floyd County comprises the judicial district of each court.
SOURCE: IC 33-33-22-3; (11)SE0463.1.3. -->
SECTION 3. IC 33-33-22-3, AS AMENDED BY P.L.82-2010,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 3. (a) IC 33-29-1-3 does not apply to this section.
(b) Each Floyd superior court has one (1) judge. who shall be
elected at the general election every six (6) years in Floyd County. A
judge's term begins January 1 following the judge's election and ends
December 31 following the election of the judge's successor.
SOURCE: IC 33-33-27.3-3; (11)SE0463.1.4. -->
SECTION 4. IC 33-33-27.3-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. (a) The court has one
(1) judge who shall be elected at the general election every six (6) years
in Grant County. The judge's term begins January 1 following the
election and ends December 31 following the election of the judge's
successor.
(b) To be eligible to hold office as a judge of the court, a person must be:
(1) a resident of Grant County;
(2) less than seventy (70) years of age at the time of taking office;
and
(3) (2) admitted to the practice of law in Indiana.
(b) To be eligible to hold office as a judge of the court, a person must be:
(1) a resident of Grant County;
SOURCE: IC 33-33-30-3; (11)SE0463.1.5. -->
SECTION 5. IC 33-33-30-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. (a) IC 33-29-1-3
does not apply to this section.
(b) Each of court consists of one (1) judge. who holds office for six
(6) years, beginning on January 1 after the judge's election and until the
judge's successor is elected and qualified. Every six (6) years, the
voters of Hancock County shall elect at the general election a judge for
each superior court.
SOURCE: IC 33-33-37-3; (11)SE0463.1.6. -->
SECTION 6. IC 33-33-37-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. (a) IC 33-29-1-3
does not apply to this section.
(b) The Jasper superior court has one (1) judge. who shall be elected
at the general election every six (6) years in Jasper County. The judge's
term begins January 1 following the judge's election and ends
December 31 following the election of the judge's successor.
SOURCE: IC 33-33-43-2; (11)SE0463.1.7. -->
SECTION 7. IC 33-33-43-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. (a) There is
established a court of record, which consists of three (3) judges, to be
known as the "Superior Court of Kosciusko County". The court shall
have a seal containing the words "Superior Court No. 1 of Kosciusko
County, Indiana", "Superior Court No. 2 of Kosciusko County,
Indiana", or "Superior Court No. 3 of Kosciusko County, Indiana".
(b)Except as otherwise provided in this chapter, The superior court
of Kosciusko county is a standard superior court as described in
(b)
IC 33-29-1.
(c) Kosciusko County comprises the judicial district of the court.
SOURCE: IC 33-33-46-3; (11)SE0463.1.8. -->
SECTION 8. IC 33-33-46-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. (a) IC 33-29-1-3
does not apply to this section.
(b) Each LaPorte superior court has one (1) judge. who shall be
elected at the general election every six (6) years in LaPorte County.
Each judge's term begins January 1 following the election and ends
December 31 following the election of the judge's successor.
(c) To be eligible to hold office as judge of any of the courts, a
person must:
(1) be a resident of LaPorte County; and
(2) be admitted to the bar of Indiana.
SOURCE: IC 33-33-49-30; (11)SE0463.1.9. -->
SECTION 9. IC 33-33-49-30 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 30. (a) A judge remains
qualified to hold office as long as the judge:
(1) remains fair and impartial in judicial functions;
(2) maintains a high standard of morality in dealings, public and private;
(3) remains physically and mentally capable of performing all the functions and duties of the office of judge; and
(4) continues to reside in Marion County.
(b) Complaints against a judge must be forwarded to the commission on judicial qualifications as provided in IC 33-38-13 by any judge of the superior court.
(c)A judge of the court must retire upon becoming seventy-five (75)
years of age. If the judge wishes to retire before the judge's term has
ended, or upon reaching the mandatory retirement age, the judge shall
provide written notice to the presiding judge of the court. The judge
shall continue to hold office until a successor has been appointed and
qualified.
(d) When a vacancy occurs in the court by death, removal, retirement, or for any other reason, the governor shall appoint a successor judge who serves the balance of the term of the vacating judge. The successor judge must be a member of the same political party as the judge who is to be succeeded.
(1) remains fair and impartial in judicial functions;
(2) maintains a high standard of morality in dealings, public and private;
(3) remains physically and mentally capable of performing all the functions and duties of the office of judge; and
(4) continues to reside in Marion County.
(b) Complaints against a judge must be forwarded to the commission on judicial qualifications as provided in IC 33-38-13 by any judge of the superior court.
(c)
(d) When a vacancy occurs in the court by death, removal, retirement, or for any other reason, the governor shall appoint a successor judge who serves the balance of the term of the vacating judge. The successor judge must be a member of the same political party as the judge who is to be succeeded.
SOURCE: IC 33-33-55-1; (11)SE0463.1.10. -->
SECTION 10. IC 33-33-55-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. The following do not
apply to this chapter:
(1) IC 33-29-1-3.
(2) (1) IC 33-29-1-4.
(3) (2) IC 33-29-1-8.
(4) (3) IC 33-29-1-9.
(5) (4) IC 33-29-1-10.
SOURCE: IC 33-33-55-5; (11)SE0463.1.11. -->
SECTION 11. IC 33-33-55-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 5. (a) The Morgan
superior court has three (3) judges. Each judge holds office for a term
of six (6) years beginning on the first day of January after election and
until the judge's successor is elected and qualified.
(b) Every six (6) years, the voters of Morgan County shall elect at
the general election the judges for the superior court.
SOURCE: IC 33-33-56-3; (11)SE0463.1.12. -->
SECTION 12. IC 33-33-56-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. (a) IC 33-29-1-3
does not apply to this section.
(b) The Newton superior court has one (1) judge. who shall be
elected at the general election every six (6) years in Newton County.
The judge's term begins January 1 following the judge's election and
ends December 31 following the election of the judge's successor.
(c) To be eligible to hold office as judge of the Newton superior
court, a person must:
(1) be a resident of Newton County; and
(2) be admitted to the bar of Indiana.
SOURCE: IC 33-33-67-2; (11)SE0463.1.13. -->
SECTION 13. IC 33-33-67-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. (a) There is
established a court of record to be known as the Putnam superior court.
(b)Except as otherwise provided in this chapter, The Putnam
superior court is a standard superior court as described in IC 33-29-1.
(c) Putnam County comprises the judicial district of the court.
(b)
(c) Putnam County comprises the judicial district of the court.
SOURCE: IC 33-33-67-3; (11)SE0463.1.14. -->
SECTION 14. IC 33-33-67-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. (a) IC 33-29-1-3
does not apply to this section.
(b) The Putnam superior court has one (1) judge. who shall be
elected at the general election every six (6) years in Putnam County.
The judge's term begins January 1 following the election and ends
December 31 following the election of the judge's successor.
(c) To be eligible to hold office as a judge of the court, a person
must be:
(1) a resident of Putnam County; and
(2) admitted to the practice of law in Indiana.
SOURCE: IC 33-33-79.3-3; (11)SE0463.1.15. -->
SECTION 15. IC 33-33-79.3-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. (a) The court has one
(1) judge, who shall be elected at the general election every six (6)
years in Tippecanoe County. The judge's term begins January 1
following the election and ends December 31 following the election of
the judge's successor.
(b) To be eligible to hold office as judge of the court, a person must:
(1) be a resident of Tippecanoe County;
(2) be less than seventy (70) years of age at the time of taking
office; and
(3) (2) be admitted to the bar of Indiana.
SOURCE: IC 33-33-79.4-3; (11)SE0463.1.16. -->
SECTION 16. IC 33-33-79.4-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. (a) Tippecanoe
superior court No. 4, No. 5, and No. 6 each has one (1) judge, who
shall be elected at the general election every six (6) years in
Tippecanoe County. The judge's term begins January 1 following the
election and ends December 31 following the election of the judge's
successor.
(b) To be eligible to hold office as judge of the court, a person must be:
(1) a resident of Tippecanoe County;
(2) less than seventy (70) years of age at the time of taking office;
and
(3) (2) admitted to the bar of Indiana.
(b) To be eligible to hold office as judge of the court, a person must be:
(1) a resident of Tippecanoe County;
SOURCE: IC 33-33-87-13; (11)SE0463.1.17. -->
SECTION 17. IC 33-33-87-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 13. To be eligible to
hold office as a superior court judge, a person must:
(1) be a resident of Warrick County;
(2) be less than seventy (70) years of age at the time of taking
office; and
(3) (2) be admitted to the practice of law in Indiana.
(1) be a resident of Warrick County;
SOURCE: IC 33-33-89.3-3; (11)SE0463.1.18. -->
SECTION 18. IC 33-33-89.3-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. (a) The court has one
(1) judge, who shall be elected at the general election every six (6)
years in Wayne County. The judge's term begins January 1 following
the judge's election and ends December 31 following the election of the
judge's successor.
(b) To be eligible to hold office as judge of the court, a person must:
(1) be a resident of Wayne County;
(2) be less than seventy (70) years of age at the time the person
takes office;
(3) (2) be admitted to the bar of Indiana; and
(4) (3) have practiced law at least five (5) years.
(b) To be eligible to hold office as judge of the court, a person must:
(1) be a resident of Wayne County;
SOURCE: IC 33-30-3-1; IC 33-33-43-3; IC 33-33-47-3; IC 33-33-
48-3.
; (11)SE0463.1.19. --> SECTION 19. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2011]: IC 33-30-3-1; IC 33-33-43-3; IC 33-33-47-3; IC 33-33-48-3
SEA 463 _ CC 1
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