§ 33-33-2-14 — Personnel

Indiana § 33-33-2-14

• Jurisdiction: Indiana
• Art. 33: COURT SYSTEM ORGANIZATION IN EACH
• Ch. 2: Allen County

Text

(a) The Allen superior court may appoint
probate commissioners, juvenile referees, bailiffs, court reporters,
probation officers, and other personnel, including an administrative
officer, the court believes are necessary to facilitate and transact the
business of the court.
(b) In addition to the personnel authorized under subsection (a) and
IC 31-31-3, the following magistrates may be appointed:
(1) The judges of the Allen superior court-civil division may
jointly appoint not more than four (4) full-time magistrates under
IC 33-23-5 to serve the Allen superior court-civil division. The
judges of the Allen superior court-civil division may jointly assign
any magistrates the duties and powers of a probate commissioner.
(2) The judge of the Allen superior court-criminal division may
jointly appoint not more than three (3) full-time magistrates under
IC 33-23-5 to serve the Allen superior court-criminal division.
Any magistrate serves at the pleasure of, and continues in office
until jointly removed by, the judges of the division that appointed
the magistrate.
(c) All appointments made under this section must be made without
regard to the political affiliation of the appointees. The salaries of the
personnel shall be fixed and paid as provided by law. If the salaries of
any of the personnel are not provided by law, the amount and time of
payment of the salaries shall be fixed by the court, to be paid out of the
county treasury by the county auditor, upon the order of the court, and
be entered of record. The officers and persons appointed shall perform
duties as are prescribed by the court. Any administrative officer
appointed by the court shall operate under the jurisdiction of the chief
judge and serve at the pleasure of the chief judge. Any probate
commissioners, magistrates, juvenile referees, bailiffs, court reporters,
probation officers, and other personnel appointed by the court serve at
the pleasure of the court.
(d) Any probate commissioner appointed by the court may be vested
by the court with all suitable powers for the handling and management
of the probate and guardianship matters of the court, including the
fixing of all bonds, the auditing of accounts of estates and
guardianships and trusts, acceptance of reports, accounts, and
settlements filed in the court, the appointment of personal
representatives, guardians, and trustees, the probating of wills, the
taking and hearing of evidence on or concerning such matters, or any
other probate, guardianship, or trust matters in litigation before the
court, the enforcement of court rules and regulations, the making of
reports to the court concerning the probate commissioner's actions
under this subsection, including the taking and hearing of evidence
together with the commissioner's findings and conclusions regarding
the evidence. However, all matters under this subsection are under the
final jurisdiction and decision of the judges of the court.
(e) A juvenile referee appointed by the court may be vested by the
court with all suitable powers for the handling and management of the
juvenile matters of the court, including the fixing of bonds, the taking
and hearing of evidence on or concerning any juvenile matters in
litigation before the court, the enforcement of court rules and
regulations, and the making of reports to the court concerning the
referee's actions under this subsection. The actions of a juvenile referee
under this subsection are under final jurisdiction and decision of the
judges of the court.
(f) A probate commissioner or juvenile referee may:
(1) summon witnesses to testify before the commissioner or
juvenile referee; and
(2) administer oaths and take acknowledgments;
to carry out the commissioner's or juvenile referee's duties and powers.
[Pre-2004 Recodification Citation: 33-5-5.1-8.]

Legislative History

As added by P.L.98-2004, SEC.12. Amended by P.L.1-2007, SEC.216; P.L.127-2008, SEC.9.