Sec. 1. (a) Except as provided in subsection (c), every officer and every deputy, before entering on the officer's or deputy's official duties, shall take an oath to support the Constitution of the United States and the Constitution of the State of Indiana, and that the officer or deputy will faithfully discharge the duties of such office.
(b) A prosecuting attorney and a deputy prosecuting attorney shall take the oath required under subsection (a) before taking office.
(c) This subsection applies to a deputy of a political subdivision. An individual appointed as a deputy is considered an employee of the political subdivision performing ministerial functions on behalf of an officer and is not required to take the oath prescribed by subsection (a). However, if a chief deputy assumes the duties of an office during a vacancy under IC 3-13-11-12, the chief deputy must take the oath required under subsection (a) before entering on the official duties of the office.
Formerly: Acts 1852, 1RS, c.13, s.1. As amended by P.L.49-1989, SEC.2; P.L.176-1999, SEC.119.
Structure Indiana Code
Title 5. State and Local Administration
Article 4. Officers' Bonds and Oaths
Chapter 1. Filing, Recording, and Terms of Bonds and Oaths
5-4-1-1. Oaths; Officers and Deputies; Prosecuting Attorneys and Deputies
5-4-1-3. Legislators; Governor and Lieutenant Governor
5-4-1-4. Copy of Oath; Deposit
5-4-1-5.1. Political Subdivision Officer, Employee, and Contractor Bond Filing; Data Base
5-4-1-6. Secretary of State; Filing Official Bond
5-4-1-7. Preservation of Certified Copy; Fees
5-4-1-9. Time Limitation for Bond; Failure to Comply
5-4-1-10. Bonds Payable to State
5-4-1-11. First Recovery; Exhaustion of Penalty
5-4-1-12. Defects in Form and Substance
5-4-1-15.1. Deputies or Employees; Bonds and Insurance Policies
5-4-1-20. Crime Insurance Policies and Individual Surety Bonds for Prosecuting Attorneys