§ 33-33-49-15 — Powers and duties of executive committee; appointment and powers of commissioners

(a) The executive committee, with the
approval of two-thirds (2/3) of the judges, shall determine the number
of judicial officers and personnel required to efficiently serve the court.
The salaries of the personnel shall be fixed and paid as provided by
law.
(b) The administrative officers shall perform the duties prescribed
by the executive committee and shall operate under the jurisdiction of
the executive committee and serve at the pleasure of the executive
committee.
(c) The executive committee shall see that the court at all times is
amply provided with adequate resources necessary to effectively run
court operations. Each judge shall appoint a judicial assistant who will
also serve as the judge's official court reporter. All other staff
assignments will be determined by the executive committee in
conjunction with the general term. The staffing requirements set forth
in IC 33-29-1-5 do not apply to the Marion superior court. In addition
to the specified duties of this subsection, the executive committee shall
exercise any other powers and duties that may be assigned to the
executive committee. At least once each month, a general term
conference of all superior division judges should be held, at which the
presiding judge shall preside. During an absence or a vacation of a
judge who is a member of the executive committee, the senior superior
court judge shall act for the absent member, if necessary.
(d) Notwithstanding any other law, a commissioner appointed under
this chapter has all of the powers and duties prescribed for a magistrate
under IC 33-23-5. However, the provisions of IC 33-23-5-11 requiring
the state to pay the salary of a magistrate do not require the state to pay
the salary of a commissioner appointed under this chapter.
(e) If a commissioner appointed under this chapter is appointed as
a magistrate in Marion County, the salary of that magistrate shall be
paid by the state under IC 33-23-5-11 in the same amount as other
magistrates are paid.
(f) The allocation of appointments of commissioners under this
chapter shall be determined by agreement between the judges of the
superior court and the judge of the circuit court with consideration
given to the case load of each court. However, notwithstanding any
other law, at least two (2) of the commissioners appointed under this
chapter shall be appointed by the judge of the circuit court.
(g) The:
(1) judge of the circuit court has exclusive authority to appoint
commissioners allocated to the circuit court; and
(2) judges of the superior court have exclusive authority to
appoint commissioners allocated to the superior court by a vote of
the majority of the judges of the superior court.
(h) Not more than a simple majority of the commissioners appointed
under this chapter may be from the same political party.
(i) A commissioner appointed by the:
(1) judge of the circuit court serves at the pleasure of the judge of
the circuit court; and
(2) judges of the superior court continues in office until removed
pursuant to local rule.
[Pre-2004 Recodification Citation: 33-5.1-2-10.]

Legislative History

As added by P.L.98-2004, SEC.12. Amended by P.L.71-2010, SEC.2; P.L.201-2011, SEC.76; P.L.106-2022, SEC.1.