§ 20-123 — Jurisdiction of special judges.

A. Special judges may hear and decide the following: 1. Actions for the recovery of money where the amount claimed does not exceed Ten Thousand Dollars ($10,000.00) and counterclaim or setoff does not exceed Ten Thousand Dollars ($10,000.00); 2. All uncontested matters, whether by default, agreement or otherwise, except that a nonlawyer special judge may not hear any uncontested matters, whether by default, agreement or otherwise, in actions for the recovery of money where judgment is sought for a greater sum than One Thousand Dollars ($1,000.00); 3. Actions for forcible entry and detainer except a nonlawyer special judge may not hear such actions if title to land or a boundary dispute is involved; 4. Actions for replevin where the amount in controversy does not exceed Ten Thousand Dollars ($10,000.00), except that nonlawyer special judges may not hear such actions where the amount in controversy exceeds One Thousand Dollars ($1,000.00); 5. Misdemeanors, except that special judges who are not lawyers may not hear criminal actions where the punishment prescribed by law exceeds a fine of Two Hundred Dollars ($200.00), or imprisonment in a county jail for thirty (30) days, or both such fine and imprisonment except by written consent of all parties; 6. Felonies involving a second and subsequent offense of driving, operating, or being in actual physical control of a motor vehicle while under the influence of alcohol or any other intoxicating substance, including any controlled dangerous substance as defined in the Uniform Controlled Dangerous Substances Act, to a degree that renders the defendant incapable of safely driving or operating a motor vehicle, except that nonlawyer special judges may not hear such matters; 7. When there is no district or associate district judge present in the county or when they are disqualified, the issuance of a temporary injunction or restraining order, but this paragraph shall not embrace nonlawyer special judges; 8. Issuance of writs of habeas corpus, but this paragraph shall not embrace nonlawyer special judges; 9. Any matter, regardless of value, at any stage, whether intermediate or final, and whether or not title to property, real, personal, tangible, intangible, or any combination thereof, is to be determined, in a probate, divorce, domestic relations, custody, support, guardianship, conservatorship, mental health, juvenile, adoption, or determination of death proceeding, except that nonlawyer special judges may not hear such matters; 10. An appeal from an order of the Department of Public Safety revoking a person's license to drive, except that nonlawyer special judges may not hear such matters; 11. Other actions and proceedings, regardless of court rules, where the parties agree in writing, at any time before trial, to the action being heard by a special judge; 12. Any postjudgment collection matter regardless of the amount of the judgment; and 13. Youthful offender cases pursuant to the Youthful Offender Act. B. Special judges shall be authorized to serve as referee in any matter before the district court. C. A special judge may perform the duties of a magistrate in criminal cases.

Legislative History

Added by Laws 1968, c. 350, § 2. Amended by Laws 1970, c. 79, § 1; Laws 1971, c. 143, § 1, operative July 1, 1971; Laws 1972, c. 109, § 1, emerg. eff. March 31, 1972; Laws 1973, c. 176, § 1, operative Oct. 1, 1973; Laws 1974, c. 14, § 1, emerg. eff. April 3, 1974; Laws 1978, c. 87, § 3, eff. Oct. 1, 1978; Laws 1982, c. 201, § 1, emerg. eff. April 27, 1982; Laws 1985, c. 277, § 11, eff. Nov. 1, 1985; Laws 1985, c. 320, § 5, emerg. eff. July 29, 1985; Laws 1988, c. 62, § 2, eff. Nov. 1, 1988; Laws 1989, c. 272, § 1, emerg. eff. May 22, 1989; Laws 1997, c. 224, § 1, eff. Nov. 1, 1997; Laws 1998, c. 268, § 13, eff. July 1, 1998.