Indiana § 33-38-10-2 Persons who may act as private judge

Indiana Statutes

§ 33-38-10-2 — Persons who may act as private judge

Indiana § 33-38-10-2

Art. 38JUDGES

Ch. 10Private Judges

This text of Indiana § 33-38-10-2 (Persons who may act as private judge) 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 § 33-38-10-2 (2026).

Text

(a)A person who:

(1)has been but is not currently a judge of a circuit, superior, criminal, probate, municipal, or county court and has served in the capacity of judge for at least four (4) consecutive years;

(2)is admitted to the practice of law in Indiana; and

(3)is a resident of Indiana; may act as judge for certain cases under this chapter.

(b)A person may act as a judge of a case under this chapter only if:

(1)all parties to the action file a written petition with the chief administrative officer of the office of judicial administration consenting to the case being heard by a private judge, and naming the person whom the parties wish to have as private judge;

(2)the case is one over which the court in which the former judge served would have had subject matter and monetary juri

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(a) A person who:
(1) has been but is not currently a judge of a circuit, superior,
criminal, probate, municipal, or county court and has served in
the capacity of judge for at least four (4) consecutive years;
(2) is admitted to the practice of law in Indiana; and
(3) is a resident of Indiana;
may act as judge for certain cases under this chapter.
(b) A person may act as a judge of a case under this chapter only if:
(1) all parties to the action file a written petition with the chief
administrative officer of the office of judicial administration
consenting to the case being heard by a private judge, and naming
the person whom the parties wish to have as private judge;
(2) the case is one over which the court in which the former judge
served would have had subject matter and monetary jurisdiction;
(3) the case is founded exclusively on contract, tort, or a
combination of contract and tort; and
(4) the case is one in which a utility (as defined in IC 8-1-2-1) is
not a party.
[Pre-2004 Recodification Citation: 33-13-15-2.]