New laws affecting the courts enacted or adopted by the Indiana legislature in 2011 include the following:
HB 1004 Requires creation of website that lists all state and local expenditures and fund balances, include the judicial branch and courts.
HB 1153 Expands the types of persons that may participate in court established alcohol and drug services programs. Establishes procedures to be used by a problem solving court to terminate an individual’s participation in a problem solving court program. Specifies that a city or town user fee fund or county user fee fund includes problem solving court fees collected by the clerk of the court
HB 1266 Makes numerous changes to laws related to judiciary. Changes the expiration date of the commission on courts from June 30, 2011, to June 30, 2015. Provides that all circuit courts, superior courts, and probate courts have: (1) original and concurrent jurisdiction in all civil cases and in all criminal cases; (2) de novo appellate jurisdiction of appeals from city and town courts; and (3) in Marion County, de novo appellate jurisdiction of appeals from township small claims courts. Makes conforming amendments. Repeals the law concerning the establishment and operation of county courts. (Since January 1, 2009, no county court exists in Indiana.) Makes conforming amendments. Repeals or otherwise removes all provisions that establish a mandatory retirement age for superior court and county court judges. Makes conforming amendments. Establishes a unified circuit court for Clark County by combining the current judge of the Clark circuit court and the three judges of the Clark superior court into a unified circuit court with four judges. Specifies that the Clark superior court judges serving on December 31, 2011, serve as judges of the unified circuit court beginning January 1, 2012. Transfers all cases and other matters pending in the Clark superior court at the close of business on December 31, 2011, to the unified circuit court on January 1, 2012. Repeals provisions concerning the establishment and operation of the Clark superior court. Establishes a unified circuit court for Madison County by combining the current judge of the Madison circuit court and the five judges of the Madison superior court into a unified circuit court with six judges. Specifies that the Madison superior court judges serving on June 30, 2011, serve as judges of the unified circuit courts beginning July 1, 2011. Transfers all cases and other matters pending in the Madison superior court at the close of business on June 30, 2011, to their respective circuit courts on July 1, 2011. Repeals provisions concerning the establishment and operation of the Madison superior court. Establishes a unified circuit court for Henry County by combining the current judge of the Henry circuit court and the two judges of the Henry superior court into a unified circuit court with three judges. Specifies that the Henry superior court judges serving on June 30, 2011, serve as judges of the unified circuit court beginning July 1, 2011. Transfers all cases and other matters pending in the Henry superior court at the close of business on June 30, 2011, to the circuit court on July 1, 2011. Repeals provisions concerning the establishment and operation of the Henry superior court. Provides for the four judges of the Lake superior court county division to be: (1) nominated by the Lake County superior court judicial nominating commission and appointed by the governor; and (2) subject to the question of retention or rejection by the Lake County electorate every six years. (Current law provides that the judges of the Lake superior court county division are elected by the electorate of Lake County every six years.) Repeals provisions concerning elected judges of the county division.
SB 76 Requires that the board of trustees of the public employees’ retirement fund (PERF) specify by rule the interest rate credited to a participant’s contributions for the judges’ retirement system. Provides that a judge or a magistrate who is a participant in the judges’ retirement system and who purchases prior service credit in PERF waives credit for the PERF service only for the amount of PERF service purchased.
SB 463 Repeals or otherwise removes all provisions that establish a mandatory retirement age for superior court and county court judges.
SB 549 Consolidates judges’ retirement fund and 9 other retirement funds into a new Indiana Public Retirement System.
