- (a) The executive committee shall determine the number of judicial officers and personnel required to efficiently serve the court. The salaries of the personnel shall be fixed and paid as provided by law.
- (b) The administrative officers shall perform the duties prescribed by the executive committee and shall operate under the jurisdiction of the executive committee and serve at the pleasure of the executive committee.
- (c) The executive committee shall see that the court at all times is amply provided with adequate resources necessary to effectively run court operations. Each judge shall appoint a judicial assistant who will also serve as the judge's official court reporter. All other staff assignments will be determined by the executive committee. The staffing requirements set forth in IC 33-29-1-5 do not apply to the Marion superior court. In addition to the specified duties required of the executive committee under this chapter, the executive committee shall exercise any other powers and duties necessary to aid in the operation of the court. The executive committee shall make decisions with consideration to the best interest of the court and the community.
- (d) Notwithstanding any other law, a commissioner appointed under this chapter has all of the powers and duties prescribed for a magistrate under IC 33-23-5 . However, the provisions of IC 33-23-5-11 requiring the state to pay the salary of a magistrate do not require the state to pay the salary of a commissioner appointed under this chapter.
- (e) If a commissioner appointed under this chapter is appointed as a magistrate in Marion County, the salary of that magistrate shall be paid by the state under IC 33-23-5-11 in the same amount as other magistrates are paid.
- (f) The allocation of appointments of commissioners or magistrates under this chapter shall be determined by agreement between the executive committee and the judge of the circuit court with consideration given to the case load of each court.
(g) The:
- (1) judge of the circuit court has exclusive authority to appoint commissioners or magistrates allocated to the circuit court; and
- (2) judges of the executive committee have exclusive authority to appoint commissioners or magistrates allocated to the superior court.
- (h) Not more than a simple majority of the commissioners or magistrates appointed under this chapter may be from the same political party.
(i) A commissioner or magistrate appointed by the:
- (1) judge of the circuit court serves at the pleasure of the judge of the circuit court; and
(2) executive committee of the superior court serves at the pleasure of the executive committee.
[Pre-2004 Recodification Citation: 33-5.1-2-10.]
As added by P.L.98-2004, SEC.12. Amended by P.L.71-2010, SEC.2; P.L.201-2011, SEC.76; P.L.106-2022, SEC.1; P.L.76-2026, SEC.14.