§ 33-33-49-14 — Executive committee; divisions of court

(a) Not more than thirty (30) days after
taking the oath of office, the judges shall meet and designate four (4)
of the judges as the executive committee for administrative purposes.
The executive committee shall be selected by a vote of two-thirds (2/3)
of the judges sitting at the time the vote is taken. If all vacancies cannot
be filled by a two-thirds (2/3) vote, vacancies may be filled by such
other method as provided by court rule. The executive committee is
responsible for the operation and conduct of the court. The executive
committee shall operate and maintain the juvenile detention facilities
in the county. A member of the executive committee shall serve in the
capacity provided by rules adopted by the court under section 11 of this
chapter. A member of the executive committee serves for a term of two
(2) years beginning on the date of the member's election. Except for the
rotation of the presiding judge as provided in subsection (b), any or all
of the members elected to the executive committee may be reelected.
Of the four (4) judges elected to the executive committee, not more
than two (2) may be members of the same political party.
(b) One (1) of the four (4) judges elected to the executive committee
shall be elected as presiding judge, and three (3) of the four (4) judges
elected to the executive committee shall be elected as associate
presiding judges. Beginning with the election of the executive
committee in 2007, a presiding judge may not be elected from the same
political party as the presiding judge who served the previous term.
Each judge who is a member of the executive committee has an equal
vote in all matters pertaining to the business of the court when an
action requires a majority vote. If a tie vote occurs, the presiding judge
shall cast the tiebreaking vote. Any action taken by the executive
committee may be overruled by a vote of two-thirds (2/3) of all the
judges sitting at the time the vote is taken. The physical reassignment
of a judge to a different courtroom requires a unanimous vote of the
executive committee. The executive committee shall assign cases,
offices, and courtrooms for trial judges or reassignment of newly filed
cases in the interests of the speedy, economical, and uniform
disposition of cases. All matters of trial dates, continuances, and
subpoenas used for trial shall be determined by the trial judge in
accordance with rules of the superior court. The executive committee
shall perform other duties as determined by rules of the court.
(c) The court shall, by rules of the court, divide the work of the court
into various divisions, including but not limited to the following:
(1) Civil.
(2) Criminal.
(3) Family.
(d) The work of each division shall be allocated by the rules of the
court.
(e) The judges shall be assigned to various divisions or rooms as
provided by rules of the court. Whenever possible, an incumbent judge
shall be allowed the option of remaining in a particular room or
division. Whenever any action of the court is required, the judges of the
court shall act in concert, by a vote under section 11 of this chapter.
The court shall keep appropriate records of rules, orders, and
assignments of the court.
[Pre-2004 Recodification Citation: 33-5.1-2-9.]

Legislative History

As added by P.L.98-2004, SEC.12. Amended by P.L.80-2006, SEC.14; P.L.142-2007, SEC.10; P.L.162-2020, SEC.10.