Indiana § 33-39-10-1 - Senior prosecuting attorney; appointment
Full text of Indiana Indiana Code § 33-39-10-1 — Senior prosecuting attorney; appointment, with citation guidance and answers to common questions.
§ 33-39-10-1. Senior prosecuting attorney; appointment
Sec. 1. (a) A person may be appointed as a senior prosecuting attorney if the person:
(1) was employed for at least eight (8) years as a:
(A) prosecuting attorney;
(B) chief deputy prosecuting attorney;
(C) deputy prosecuting attorney appointed under IC 33-39-6-2; or
(D) deputy prosecuting attorney employed full time or part time to perform activities described in IC 31-25-4-13.1(b), subject to subsection (d); and
(2) files an affidavit requesting designation as a senior prosecuting attorney in:
(A) the circuit court; and
(B) each superior court;
in a county in which the person is willing to serve as a senior prosecuting attorney.
A person who files an affidavit under this subsection shall file a request to withdraw from being appointed as a senior prosecuting attorney when the person is no longer willing to serve as a senior prosecuting attorney.
(b) An affidavit filed under subsection (a) must contain the following:
(1) The name of the person filing the affidavit.
(2) The person's attorney number issued by the supreme court.
(3) The length of time the person served, as described in subsection (a)(1).
(4) The name of any county in which the person served, as described in subsection (a)(1).
(c) A circuit court or superior court promptly shall forward each:
(1) affidavit; and
(2) request to withdraw;
received under subsection (a) to the prosecuting attorneys council of Indiana. The prosecuting attorneys council of Indiana shall maintain and publish a list of persons who are eligible to be appointed under this section as senior prosecuting attorneys.
(d) A deputy prosecuting attorney who was employed full time or part time to perform activities described in IC 31-25-4-13.1(b) may be appointed to serve as a senior prosecuting attorney only to perform:
(1) activities described in IC 31-25-4-13.1(b); and
(2) activities related to the investigation, charging, and prosecution of cases involving violations of IC 35-46-1-5.
(e) A person may not be appointed as a senior prosecuting attorney under this section if a disciplinary sanction has been imposed on the person by:
(1) the Indiana supreme court disciplinary commission; or
(2) a similar body in another state;
that restricts the person's ability to practice law.
As added by P.L.57-2014, SEC.10. Amended by P.L.263-2019, SEC.2.
Source: official Indiana text · Last verified 2026-08-27
Frequently Asked Questions About Indiana § 33-39-10-1
What does Indiana Code § 33-39-10-1 cover?
Section 33-39-10-1 ("Senior prosecuting attorney; appointment") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Indiana § 33-39-10-1?
A common citation format is "Indiana Code § 33-39-10-1" (Indiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Indiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Indiana official source linked on this page or consult a licensed Indiana attorney.
How does Indiana § 33-39-10-1 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Indiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Indiana.