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33-38-10-2. Persons who may act as private judge

IN Code § 33-38-10-2 (2019) (N/A)
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Sec. 2. (a) A person who:

(1) has been but is not currently a judge of a circuit, superior, criminal, probate, municipal, or county court and has served in the capacity of judge for at least four (4) consecutive years;

(2) is admitted to the practice of law in Indiana; and

(3) is a resident of Indiana;

may act as judge for certain cases under this chapter.

(b) A person may act as a judge of a case under this chapter only if:

(1) all parties to the action file a written petition with the chief administrative officer of the office of judicial administration consenting to the case being heard by a private judge, and naming the person whom the parties wish to have as private judge;

(2) the case is one over which the court in which the former judge served would have had subject matter and monetary jurisdiction;

(3) the case is founded exclusively on contract, tort, or a combination of contract and tort; and

(4) the case is one in which a utility (as defined in IC 8-1-2-1) is not a party.

[Pre-2004 Recodification Citation: 33-13-15-2.]

As added by P.L.98-2004, SEC.17. Amended by P.L.161-2018, SEC.100.

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33-38-10-1. "Private judge" defined
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33-38-10-3. Registration of former judges; list; petition to have case heard by private judge; appointment