1. (a) The voters of each township having a small claims court shall elect a constable for the small claims court at the general election every four (4) years for a term of office of four (4) years, beginning January 1 after election and continuing until a successor is elected and qualified. The ballot must state the:

   1. (1) name of the candidate; and
   2. (2) court for which the candidate is to serve.

2. (b) Each small claims court shall have a constable who:

   1. (1) acts as the bailiff of the court;
   2. (2) serves the court's personal service of process;

   3. (3) has police powers to:

      1. (A) make arrests;
      2. (B) keep the peace; and
      3. (C) carry out the orders of the court;
   4. (4) must meet the qualifications prescribed by IC 3-8-1-31 ;
   5. (5) is compensated for each process that is delivered to effect personal service when serving as the bailiff for the court;

   6. (6) is responsible for:

      1. (A) the preparation and mailing of all registered or certified service and is compensated for each process served by mail; and
      2. (B) all the official acts of the deputies;
   7. (7) is compensated solely from the service of process fees collected under IC 33-34-8-1 ; and
   8. (8) may require a deputy to give a bond for the proper discharge of the deputy's duties for an amount fixed by the constable.

3. (c) The elected constable may appoint full-time and part-time deputies for assistance in the performance of official duties who:

   1. (1) perform all the official duties required to be performed by the constable;
   2. (2) possess the same statutory and common law powers and authority as the constable;
   3. (3) must take the same oath required of the constable;
   4. (4) are compensated solely from the service of process fees collected under IC 33-34-8-1 ; and
   5. (5) serve at the pleasure of the constable and may be dismissed at any time with or without cause.

4. (d) If there is an:

   1. (1) emergency; or

   2. (2) inability of a constable to carry out the constable's duties;

      the judge may appoint a special constable to carry out the duties of the constable during the emergency or inability.

      [Pre-2004 Recodification Citation: 33-11.6-8-4.]

As added by P.L.98-2004, SEC.13.