Indiana § 5-9-4-8 Temporary appointment during officeholder's leave; method and term
of appointment; rights, duties, and compensation of appointee

Indiana Statutes

§ 5-9-4-8 — Temporary appointment during officeholder's leave; method and term of appointment; rights, duties, and compensation of appointee

Indiana § 5-9-4-8

Title 5STATE AND LOCAL ADMINISTRATION

Art. 9LEAVES OF ABSENCE AND APPOINTMENT

Ch. 4Leaves of Absence for Military Service

This text of Indiana § 5-9-4-8 (Temporary appointment during officeholder's leave; method and term of appointment; rights, duties, and compensation of appointee) 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 § 5-9-4-8 (2026).

Text

(a)Except as provided in subsection (b) and IC 36-5-6-9, during the officeholder's leave of absence, the officeholder's office must be filled by a temporary appointment made under:

(1)IC 3-13-4;

(2)IC 3-13-5;

(3)IC 3-13-6;

(4)IC 3-13-7;

(5)IC 3-13-8;

(6)IC 3-13-9;

(7)IC 3-13-10;

(8)IC 3-13-11;

(9)IC 20-23-4;

(10)IC 20-26;

(11)IC 20-23-12.1;

(12)IC 20-23-14;

(13)IC 20-23-15;

(14)IC 20-23-17;

(15)IC 20-23-17.2;

(16)IC 20-25-3;

(17)IC 20-25-4; or

(18)IC 20-25-5; in the same manner as a vacancy created by a resignation is filled. A temporary appointment may be made in accordance with the applicable statute after the written notice required under section 7 of this chapter has been filed.

(b)For an officeholder who:

(1)is:

(A)a justice of the supreme court, a judge of the c

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(a) Except as provided in subsection (b) and IC 36-5-6-9, during the officeholder's leave of absence, the officeholder's
office must be filled by a temporary appointment made under:
(1) IC 3-13-4;
(2) IC 3-13-5;
(3) IC 3-13-6;
(4) IC 3-13-7;
(5) IC 3-13-8;
(6) IC 3-13-9;
(7) IC 3-13-10;
(8) IC 3-13-11;
(9) IC 20-23-4;
(10) IC 20-26;
(11) IC 20-23-12.1;
(12) IC 20-23-14;
(13) IC 20-23-15;
(14) IC 20-23-17;
(15) IC 20-23-17.2;
(16) IC 20-25-3;
(17) IC 20-25-4; or
(18) IC 20-25-5;
in the same manner as a vacancy created by a resignation is filled. A
temporary appointment may be made in accordance with the applicable
statute after the written notice required under section 7 of this chapter
has been filed.
(b) For an officeholder who:
(1) is:
(A) a justice of the supreme court, a judge of the court of
appeals, or a judge of the tax court; or
(B) a judge of a circuit, city, probate, or superior court; and
(2) is taking a leave of absence under this chapter;
the supreme court shall appoint a judge pro tempore to fill the
officeholder's office in accordance with the court's rules and
procedures.
(c) The person selected or appointed under subsection (a) or (b)
serves until the earlier of:
(1) the date the officeholder's leave of absence ends as provided
in section 10 of this chapter; or
(2) the officeholder's term of office expires.
(d) The person selected or appointed to an office under subsection
(a) or (b):
(1) assumes all the rights and duties of; and
(2) is entitled to the compensation established for;
the office for the period of the temporary appointment.

Legislative History

As added by P.L.79-2004, SEC.1. Amended by P.L.1-2005, SEC.75; P.L.179-2011, SEC.9; P.L.2-2014, SEC.14; P.L.120-2015, SEC.2; P.L.74-2017, SEC.69; P.L.184-2023, SEC.3.