Indiana § 33-33-49-32 Appointment of magistrates; transfer of proceeding back to judge

Indiana Statutes

§ 33-33-49-32 — Appointment of magistrates; transfer of proceeding back to judge

Indiana·Art. 33 COURT SYSTEM ORGANIZATION IN EACH·Ch. 49 Marion County

(a)In addition to the magistrate appointed under section 31 of this chapter, the judges of the superior court may, by a vote of a majority of the judges, appoint:

(1)twelve (12) full-time magistrates under IC 33-23-5 after December 31, 2013, and until January 1, 2016, not more than six

(6)of whom may be from the same political party;

(2)sixteen (16) full-time magistrates under IC 33-23-5 after December 31, 2015, and until January 1, 2018, not more than eight (8) of whom may be from the same political party;

(3)twenty (20) full-time magistrates under IC 33-23-5 after December 31, 2017, and until January 1, 2020, not more than ten

(10)of whom may be from the same political party;

(4)twenty-four (24) full-time magistrates under IC 33-23-5 after December 31, 2019, and until January 1, 2

Free access — add to your briefcase to read the full text and ask questions with AI

(a) In addition to the magistrate appointed
under section 31 of this chapter, the judges of the superior court may,
by a vote of a majority of the judges, appoint:
(1) twelve (12) full-time magistrates under IC 33-23-5 after
December 31, 2013, and until January 1, 2016, not more than six
(6) of whom may be from the same political party;
(2) sixteen (16) full-time magistrates under IC 33-23-5 after
December 31, 2015, and until January 1, 2018, not more than
eight (8) of whom may be from the same political party;
(3) twenty (20) full-time magistrates under IC 33-23-5 after
December 31, 2017, and until January 1, 2020, not more than ten
(10) of whom may be from the same political party;
(4) twenty-four (24) full-time magistrates under IC 33-23-5 after
December 31, 2019, and until January 1, 2022, not more than
twelve (12) of whom may be from the same political party; and
(5) twenty-seven (27) full-time magistrates under IC 33-23-5 after
December 31, 2021, not more than fourteen (14) of whom may be
from the same political party.
(b) The magistrates continue in office until removed in accordance
with local rule.
(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.
[Pre-2004 Recodification Citation: 33-5.1-2-27.]

Indiana § 33-33-49-32 (Appointment of magistrates; transfer of proceeding back to judge) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

As added by P.L.98-2004, SEC.12. Amended by P.L.33-2005, SEC.1; P.L.80-2006, SEC.15; P.L.100-2013, SEC.1; P.L.173-2015, SEC.9; P.L.129-2017, SEC.2; P.L.53-2019, SEC.1; P.L.123-2021, SEC.9.