Indiana § 33-33-89-8 - Judicial powers

§ 33-33-89-8. Judicial powers

Sec. 8. (a) The judge of the Wayne superior court No. 1:

(1) may make and adopt rules and regulations for conducting the business of the Wayne superior court; and

(2) has all the powers incident to a court of record in relation to the attendance of witnesses, punishment of contempt, and the enforcement of its orders.

(b) The judge of the court may:

(1) administer oaths;

(2) solemnize marriages;

(3) take and certify acknowledgment of deeds;

(4) give all necessary certificates for the authentication of records and proceedings of the court; and

(5) make and execute certificates of qualification and moral character of persons petitioning to be commissioned as notaries public.

[Pre-2004 Recodification Citation: 33-5-46-6.]

As added by P.L.98-2004, SEC.12.

IC 33-33-89.2Chapter 89.2. Wayne Superior Court No. 2

33-33-89.2-1Application 33-33-89.2-2Establishment of superior court 33-33-89.2-3Judge; election 33-33-89.2-4Bailiff and court reporter 33-33-89.2-5Judicial district 33-33-89.2-6Location of court sessions 33-33-89.2-7Repealed 33-33-89.2-8Judicial powers 33-33-89.2-9Repealed 33-33-89.2-10Repealed

IC 33-33-89.2-1Application Sec. 1. IC 33-29-1 does not apply to this chapter.

[2004 Recodification Citation: New.]

As added by P.L.98-2004, SEC.12.

IC 33-33-89.2-2Establishment of superior court Sec. 2. There is established a court of record to be known as the Wayne superior court No. 2. The court has one (1) judge, who shall hold office for a term of six (6) years, beginning on the first day of January after the judge's election and until the judge's successor is elected and qualified. The judge of the court shall be elected every six (6) years at the general election.

[Pre-2004 Recodification Citation: 33-5-47-1.]

As added by P.L.98-2004, SEC.12.

IC 33-33-89.2-3Judge; election Sec. 3. Wayne County constitutes the judicial district of the Wayne superior court No. 2. The court shall have a seal containing the words "Wayne Superior Court No. 2, of Wayne County, Indiana.".

[Pre-2004 Recodification Citation: 33-5-47-2.]

As added by P.L.98-2004, SEC.12.

IC 33-33-89.2-4Bailiff and court reporter Sec. 4. The judge of the Wayne superior court No. 2 shall appoint a bailiff and an official court reporter for the court, to serve at the pleasure of the court. The judge shall fix their compensation within the limits and in the manner as may be provided by law concerning bailiffs and official court reporters. The compensation shall be paid monthly out of the treasury of Wayne County in the manner provided by law.

[Pre-2004 Recodification Citation: 33-5-47-3.]

As added by P.L.98-2004, SEC.12.

IC 33-33-89.2-5Judicial district Sec. 5. The terms of the Wayne Superior Court No. 2 shall be held in a judicial district under IC 33-23-2.

[Pre-2004 Recodification Citation: 33-5-47-4.]

As added by P.L.98-2004, SEC.12.

IC 33-33-89.2-6Location of court sessions Sec. 6. (a) The Wayne superior court No. 2 shall hold its sessions in a place to be determined by the county council of Wayne County.

(b) The board of county commissioners of Wayne County:

(1) shall provide and maintain in the courthouse:

(A) a suitable and convenient courtroom for the holding of court; and

(B) suitable and convenient jury room and offices for the judge and the official court reporter; and

(2) shall provide all necessary furniture and equipment for the rooms and offices of the court, and all necessary dockets, books, and records for the court.

(c) The county council shall make the necessary appropriations from the general fund of the county for the purpose of carrying out this chapter.

[Pre-2004 Recodification Citation: 33-5-47-5.]

As added by P.L.98-2004, SEC.12.

IC 33-33-89.2-7Repealed[Pre-2004 Recodification Citation: 33-5-47-6.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.

IC 33-33-89.2-8Judicial powers Sec. 8. The judge of the Wayne superior court No. 2:

(1) may make and adopt rules and regulations for conducting the business of the Wayne superior court No. 2;

(2) has all powers incident to a court of record in relation to the attendance of witnesses and punishment for contempt and the power to enforce the judge's orders; and

(3) may administer oaths, solemnize marriages, take and certify acknowledgments of deeds, give all necessary certificates for the authentication of records and proceedings of the court, and make and execute certificates of qualification and moral character of persons petitioning to be commissioned as notaries public.

[Pre-2004 Recodification Citation: 33-5-47-7.]

As added by P.L.98-2004, SEC.12.

IC 33-33-89.2-9Repealed[Pre-2004 Recodification Citation: 33-5-47-8.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.118-2007, SEC.38.

IC 33-33-89.2-10Repealed[Pre-2004 Recodification Citation: 33-5-47-9.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.118-2007, SEC.38.

IC 33-33-89.3Chapter 89.3. Wayne Superior Court No. 3

33-33-89.3-1Application 33-33-89.3-2Establishment of superior court 33-33-89.3-3Judge; election 33-33-89.3-4Repealed 33-33-89.3-5Judicial powers 33-33-89.3-6Personnel 33-33-89.3-7Books, dockets, and papers 33-33-89.3-8Location of court sessions 33-33-89.3-9Repealed 33-33-89.3-10Sitting of judges 33-33-89.3-11Transfer of actions and proceedings 33-33-89.3-12Repealed

IC 33-33-89.3-1Application Sec. 1. IC 33-29-1 does not apply to this chapter.

[2004 Recodification Citation: New.]

As added by P.L.98-2004, SEC.12.

IC 33-33-89.3-2Establishment of superior court Sec. 2. There is established a court of record having general jurisdiction to be known as the Wayne superior court No. 3 (referred to as "the court" in this chapter). The court may have a seal containing the words "Wayne Superior Court No. 3, Wayne County, Indiana". Wayne County comprises the judicial district of the court.

[Pre-2004 Recodification Citation: 33-5-48-1.]

As added by P.L.98-2004, SEC.12.

IC 33-33-89.3-3Judge; election Sec. 3. (a) The court has one (1) judge, who shall be elected at the general election every six (6) years in Wayne County. The judge's term begins January 1 following the judge's election and ends December 31 following the election of the judge's successor.

(b) To be eligible to hold office as judge of the court, a person must:

(1) be a resident of Wayne County;

(2) be admitted to the bar of Indiana; and

(3) have practiced law at least five (5) years.

[Pre-2004 Recodification Citation: 33-5-48-2.]

As added by P.L.98-2004, SEC.12. Amended by P.L.161-2011, SEC.18; P.L.201-2011, SEC.98.

IC 33-33-89.3-4Repealed[Pre-2004 Recodification Citation: 33-5-48-3.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.

IC 33-33-89.3-5Judicial powers Sec. 5. The judge of the court has the same powers relating to the conduct of business of the court as the judge of the Wayne circuit court and the judges of Wayne superior courts No. 1 and No. 2. The judge has all powers incident to a court of record in relation to the attendance of witnesses and punishment for contempt, and the power to enforce the judge's orders. The judge may administer oaths, solemnize marriages, take and certify acknowledgements of deeds, and give all necessary certificates for the authentication of records and proceedings of the judge's court.

[Pre-2004 Recodification Citation: 33-5-48-4.]

As added by P.L.98-2004, SEC.12.

IC 33-33-89.3-6Personnel Sec. 6. The judge of the court may appoint a bailiff, official court reporter, referee, commissioner, and any other personnel as the judge considers necessary to facilitate and transact the business of the court. The judge of the court shall fix their compensation within the limits and in the manner as provided by law concerning these officers and employees. These personnel serve at the pleasure of the court and are paid monthly in the manner of payment for officers and employees of Wayne circuit court and Wayne superior courts No. 1 and No. 2.

[Pre-2004 Recodification Citation: 33-5-48-8.]

As added by P.L.98-2004, SEC.12.

IC 33-33-89.3-7Books, dockets, and papers Sec. 7. The clerk, under the direction of the judge of the court, shall provide order books, judgment dockets, execution dockets, fee books, and other books for the court, which shall be kept separately from the books and papers of other courts.

[Pre-2004 Recodification Citation: 33-5-48-9.]

As added by P.L.98-2004, SEC.12.

IC 33-33-89.3-8Location of court sessions Sec. 8. (a) The court shall hold its sessions in a place to be determined and provided by the county council of Wayne County.

(b) The board of county commissioners of Wayne County:

(1) shall provide and maintain in the courthouse a suitable and convenient courtroom for holding the court and suitable and convenient jury room and offices for the judge, official court reporter, and staff of the court; and

(2) shall provide all necessary furniture and equipment for the rooms, offices, and employees of the court and all necessary dockets, books, and records for the court.

(c) The county council shall make all necessary appropriations from the general fund of the county for the purpose of carrying out this chapter.

[Pre-2004 Recodification Citation: 33-5-48-10.]

As added by P.L.98-2004, SEC.12.

IC 33-33-89.3-9Repealed[Pre-2004 Recodification Citation: 33-5-48-11.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.118-2007, SEC.38.

IC 33-33-89.3-10Sitting of judges Sec. 10. The judges of the Wayne circuit court and Wayne superior courts No. 1 and No. 2 may, with the consent of the judge of the court, sit as judge of the court in any matter in the small claims and minor offenses division of the court, as if the judge were an elected judge of the court.

[Pre-2004 Recodification Citation: 33-5-48-13.]

As added by P.L.98-2004, SEC.12.

IC 33-33-89.3-11Transfer of actions and proceedings Sec. 11. The judges of the Wayne circuit court and Wayne superior courts No. 1 and No. 2 may, with the consent of the judge of the court, transfer any action, cause, or proceeding filed and docketed in the Wayne circuit court, Wayne superior court No. 1, or Wayne superior court No. 2, to the court by transferring all original papers and instruments filed in such an action, cause, or proceeding. The action, cause, or proceeding shall be treated as if originally filed with the court. The judge of the court may, with the consent of the judge of the Wayne circuit court, Wayne superior court No. 1, or Wayne superior court No. 2, transfer any action, cause, or proceeding filed and docketed in the court, except a cause properly docketed in the small claims or minor offenses division of the court, to the Wayne circuit court, Wayne superior court No. 1, or Wayne superior court No. 2, by transferring all original papers and instruments filed in the action, cause, or proceeding. The action, cause, or proceeding shall be treated as if originally filed with the transferee court. However, if any cause, action, or proceeding transferred under this section is later transferred on change of venue to a court of another county or if any cause is appealed to the court of appeals or supreme court of Indiana, then the party taking the change of venue or appeal may have a transcript made of the proceedings in each court, certified by the clerk of that court. The transcript has the same force and effect and gives the court to which it is taken on change of venue or appeal the same jurisdiction, as though this transcript had been originally made when the cause was transferred to the transferee court.

[Pre-2004 Recodification Citation: 33-5-48-14.]

As added by P.L.98-2004, SEC.12.

IC 33-33-89.3-12Repealed[Pre-2004 Recodification Citation: 33-5-48-15.]

As added by P.L.98-2004, SEC.12. Repealed by P.L.201-2011, SEC.115.

IC 33-33-90Chapter 90. Wells County

33-33-90-1Judicial circuit 33-33-90-2Establishment of standard superior court 33-33-90-3Judge; location of court sessions 33-33-90-4Repealed 33-33-90-5Repealed