Sec. 32. (a) In addition to the magistrate appointed under section 31 of this chapter, the judges of the superior court may, by a vote of a majority of the judges, appoint:
(1) twelve (12) full-time magistrates under IC 33-23-5 after December 31, 2013, and until January 1, 2016, not more than six (6) of whom may be from the same political party;
(2) sixteen (16) full-time magistrates under IC 33-23-5 after December 31, 2015, and until January 1, 2018, not more than eight (8) of whom may be from the same political party;
(3) twenty (20) full-time magistrates under IC 33-23-5 after December 31, 2017, and until January 1, 2020, not more than ten (10) of whom may be from the same political party;
(4) twenty-four (24) full-time magistrates under IC 33-23-5 after December 31, 2019, and until January 1, 2022, not more than twelve (12) of whom may be from the same political party; and
(5) twenty-seven (27) full-time magistrates under IC 33-23-5 after December 31, 2021, not more than fourteen (14) of whom may be from the same political party.
(b) The magistrates continue in office until removed in accordance with local rule.
(c) A party to a superior court proceeding that has been assigned to a magistrate appointed under this section may request that an elected judge of the superior court preside over the proceeding instead of the magistrate to whom the proceeding has been assigned. A request under this subsection must be in writing and must be filed with the court:
(1) in a civil case, not later than:
(A) ten (10) days after the pleadings are closed; or
(B) thirty (30) days after the case is entered on the chronological case summary, in a case in which the defendant is not required to answer; or
(2) in a criminal case, not later than ten (10) days after the omnibus date.
Upon a timely request made under this subsection by either party, the magistrate to whom the proceeding has been assigned shall transfer the proceeding back to the superior court judge.
[Pre-2004 Recodification Citation: 33-5.1-2-27.]
As added by P.L.98-2004, SEC.12. Amended by P.L.33-2005, SEC.1; P.L.80-2006, SEC.15; P.L.100-2013, SEC.1; P.L.173-2015, SEC.9; P.L.129-2017, SEC.2; P.L.53-2019, SEC.1; P.L.123-2021, SEC.9.
Structure Indiana Code
Title 33. Courts and Court Officers
Article 33. Court System Organization in Each County
33-33-49-2. Judicial Circuit; Magistrate
33-33-49-3. "City-County Council" Defined
33-33-49-6. Establishment; Qualification of Judges; Residency
33-33-49-10. Court of Record; Force and Effect of Judgments, Decrees, and Orders
33-33-49-11. Power and Authority; Removal of Presiding Judge; Incidental Powers of Judges
33-33-49-12. Orders, Writs, Appointments, and Commissions
33-33-49-13.1. Marion County Judicial Selection Committee; Duties; Open Records
33-33-49-13.2. Term of Office; Retention Classes
33-33-49-13.3. Retention Procedures
33-33-49-13.4. Judicial Selection Committee Nomination Procedure
33-33-49-13.7. Recommendations Concerning Retention
33-33-49-14. Executive Committee; Divisions of Court
33-33-49-15. Powers and Duties of Executive Committee; Appointment and Powers of Commissioners
33-33-49-16. Judicial Officer; Probate Matters; Powers and Duties
33-33-49-17. Sessions of Court; Facilities
33-33-49-18. Books, Papers, and Records of Court
33-33-49-19. Single Order Book
33-33-49-20. Laws Applicable to Court
33-33-49-24. Transfer of Cases From Circuit Court
33-33-49-25. Transfer of Cases to Circuit Court
33-33-49-26. Authority of Circuit Judge to Sit in Superior Court
33-33-49-32. Appointment of Magistrates; Transfer of Proceeding Back to Judge