Indiana § 33-34-6-4 Constable; election; deputies; compensation

Indiana Statutes

§ 33-34-6-4 — Constable; election; deputies; compensation

Indiana § 33-34-6-4

Art. 34MARION COUNTY SMALL CLAIMS COURTS

Ch. 6Facilities and Personnel

This text of Indiana § 33-34-6-4 (Constable; election; deputies; compensation) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 33-34-6-4 (2026).

Text

(a)The voters of each township having a small claims court shall elect a constable for the small claims court at the general election every four (4) years for a term of office of four (4) years, beginning January 1 after election and continuing until a successor is elected and qualified. The ballot must state the:

(1)name of the candidate; and

(2)court for which the candidate is to serve.

(b)Each small claims court shall have a constable who:

(1)acts as the bailiff of the court;

(2)serves the court's personal service of process;

(3)has police powers to:

(A)make arrests;

(B)keep the peace; and

(C)carry out the orders of the court;

(4)must meet the qualifications prescribed by IC 3-8-1-31;

(5)is compensated for each process that is delivered to effect personal service when servin

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(a) The voters of each township having a small
claims court shall elect a constable for the small claims court at the
general election every four (4) years for a term of office of four (4)
years, beginning January 1 after election and continuing until a
successor is elected and qualified. The ballot must state the:
(1) name of the candidate; and
(2) court for which the candidate is to serve.
(b) Each small claims court shall have a constable who:
(1) acts as the bailiff of the court;
(2) serves the court's personal service of process;
(3) has police powers to:
(A) make arrests;
(B) keep the peace; and
(C) carry out the orders of the court;
(4) must meet the qualifications prescribed by IC 3-8-1-31;
(5) is compensated for each process that is delivered to effect
personal service when serving as the bailiff for the court;
(6) is responsible for:
(A) the preparation and mailing of all registered or certified
service and is compensated for each process served by mail;
and
(B) all the official acts of the deputies;
(7) is compensated solely from the service of process fees
collected under IC 33-34-8-1; and
(8) may require a deputy to give a bond for the proper discharge
of the deputy's duties for an amount fixed by the constable.
(c) The elected constable may appoint full-time and part-time
deputies for assistance in the performance of official duties who:
(1) perform all the official duties required to be performed by the
constable;
(2) possess the same statutory and common law powers and
authority as the constable;
(3) must take the same oath required of the constable;
(4) are compensated solely from the service of process fees
collected under IC 33-34-8-1; and
(5) serve at the pleasure of the constable and may be dismissed at
any time with or without cause.
(d) If there is an:
(1) emergency; or
(2) inability of a constable to carry out the constable's duties;
the judge may appoint a special constable to carry out the duties of the
constable during the emergency or inability.
[Pre-2004 Recodification Citation: 33-11.6-8-4.]