§ 34-47-3-7 — Special judge; selection, powers, and duties

Indiana § 34-47-3-7

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 47: CONTEMPT OF COURT
• Ch. 3: Indirect Contempt of Court

Text

(a) Except as provided in subsection (b), this
section applies to all cases of indirect contempt of courts of this state,
other than the supreme court or the court of appeals.
(b) This section does not apply to indirect contempts growing out of
willfully resisting, hindering, delaying, or disobeying any lawful
process or order of court.
(c) The court against which the alleged contempt was committed
shall, at the time the rule to show cause is issued, nominate three (3)
competent and disinterested persons, each of whom shall be an
available judge or member of the Indiana bar, to be submitted to the
parties in the action, from which the state, by the prosecuting attorney,
and the defendant shall immediately strike off one (1) name each.
(d) The court shall appoint the person who remains unchallenged
under subsection (c) to preside in the cause as special judge.
(e) If the prosecuting attorney, the defendant, or the defendant's
attorney refuse to strike off the names under subsection (c), then the
clerk of the court shall strike for them.
(f) If the person appointed under subsection (d) is an attorney and
not a regular judge, and if that person consents to serve, the person
shall be qualified as other judges. The person's appointment and oath
shall be filed with the clerk and entered on the order book of the court.
The appointed person may hear and determine the cause until the cause
is disposed of.
[Pre-1998 Recodification Citation: 34-4-8-1.]

Legislative History

As added by P.L.1-1998, SEC.43.