1. (a) A commissioner or magistrate of the superior court shall be hired in a manner prescribed by the executive committee.

2. (b) Commissioners and magistrates:

   1. (1) serve the entire superior court and not just the individual judge or judges to whom a commissioner or magistrate may be assigned; and
   2. (2) shall be available to serve any division or judge of the superior court as needed to ensure efficient administration of justice.

3. (c) The executive committee has final authority for all employment decisions regarding commissioners or magistrates and shall establish procedures to carry out duties under this subsection. Employment decisions include the following:

   1. (1) Hiring.
   2. (2) Appointments and assignments.
   3. (3) Performance review.
   4. (4) Disciplinary matters.
   5. (5) Termination.

4. (d) Prior to making an employment decision under subsection (c)(3) through (c)(5), the executive committee shall consult with any judge to whom the commissioner or magistrate has been assigned and shall give consideration to the opinion of the judge. When completing a performance review, the executive committee:

   1. (1) shall obtain information from sitting judges and court staff; and

   2. (2) may obtain information from attorneys who have appeared before the commissioner or magistrate;

      and may consider the information obtained under subdivisions (1) and (2).

5. (e) Nothing in this section shall be construed to limit or modify the powers and duties of magistrates as prescribed under IC 33-23-5 . The hiring and employment procedures established by this section shall apply to all commissioners or magistrates appointed under this chapter.

As added by P.L.76-2026, SEC.15.