Ind. Code § 33-38-10-2

Persons who may act as private judge

As added by P.L.98-2004, SEC.17. Amended by P.L.161-2018, SEC.100.
  1. (a) A person who:

    1. (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. (2) is admitted to the practice of law in Indiana; and
    3. (3) is a resident of Indiana;

      may act as judge for certain cases under this chapter.

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

    1. (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. (2) the case is one over which the court in which the former judge served would have had subject matter and monetary jurisdiction;
    3. (3) the case is founded exclusively on contract, tort, or a combination of contract and tort; and
    4. (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.

Log InSign Up