Ind. Allen Cnty. Crim. Local Rule LR02-AR1(E)-1

Pursuant to AR1(E) Effective January 1, 2005, Criminal cases filed in Allen County,

Indiana shall be before the Court herein designated as follows:

A. Original Assignments-Charged by Information

1. All Criminal cases filed by information, charging an offense of:

Operating a Motor Vehicle With Lifetime Suspension, a Level 5 Felony, I.C. 9-30-

10-17; Operating While Intoxicated, a Level 6 felony, I.C. 9-30-5-3;

Operating Vehicle as Habitual Traffic Violator, a Level 6 felony I.C. 9-30-

10-16; Criminal Non-Support of Dependents, I.C. 35-46-1-5 through I.C.

35-46-1-7; shall be filed before the Allen Circuit Court.

2. All other criminal cases, filed by Information, other than those filed before the Allen

Circuit Court pursuant to Paragraph 1 above, shall be filed in the Allen Superior

Court, Criminal Division.

3. Unless pendent to a felony, all misdemeanors shall be filed in the Misdemeanor

and Traffic Division of the Allen Superior Court, Criminal Division.

4. Within the Allen Superior Court, Criminal Division, felony offenses shall be filed as

follows:

a) Two (2) Judges shall preside over all Murder, Level 1, 2, 3, and 4 felonies,

excluding Drug cases.

b) One (1) Judge shall preside over all Level 5 and 6 Felonies, and over all Drug

cases not assigned to the Drug Court Intervention Program.

5. Designation of Judges to the categories, referred to in Section 4(a) and (b), shall

be by Order of the Judges of the Allen Superior Court, Criminal Division, to be made

on or before May 1, 1995 and annually prior to January 1 each year thereafter.

B. Original Assignment-Indictment by Grand Jury. All criminal prosecutions,

investigated and by True Bill returned as a Grand Jury indictment, shall be filed in the

respective Criminal Courts of Allen County as provided in Paragraph A above.

C. Assignment By Transfer. Transfers of cases may be made between the Allen

Circuit Court and the Allen Superior Court, Criminal Division, at the discretion of and

with the consent of respective Judges of said Courts to accommodate the respective

work load of said judges. Said transfers shall be made pursuant to I.C. 33-33-2-25 and

I.C. 33-33-2-26

Transfers of individual cases may be made among Judges of the Allen Superior Court,

Criminal Division, at the discretion of and with the consent of said Judges to

accommodate the respective work loads of said Judges.

D. Special Judge Assignment. In the event of disqualification, recusal, or other

change of Judge, the case shall be reassigned in random order in equal numbers to

one of the Judges exercising Felony or Misdemeanor jurisdiction in Allen County. A

Judge whopreviously served in the case is not eligible for reassignment.

If a judge is not available for reassignment from the judges in Allen County, then the

Clerk of the Court shall select a special judge (on a rotating basis) from a list of

judicial officers from contiguous counties.

In the event no Judge is available for reassignment of a Felony or Misdemeanor case,

such case shall be certified to the Indiana Supreme Court for the appointment of a

Special Judge. In the event the Judge presiding in a Felony or Misdemeanor case

concludes that the unique circumstances presented in such proceeding require

appointment by the Indiana Supreme Court of a Special Judge, the presiding Judge

may request the Indiana Supreme Court for such appointment.

E. Miscellaneous. Cases dismissed and re-filed shall be filed or assigned to

the Judge presiding at the time of the dismissal, regardless of the foregoing

rules of assignment.

This rule may be modified upon order and notice of a minimum of 30 days by the Allen

Circuit Court or the majority of the Judges of the Allen Superior Court, Criminal

Division. Following such an order of modification, should the Judges of the Allen Circuit

and Allen Superior Court, Criminal Division fail to adopt a new plan pursuant to AR1(E)

within 30 days, the Supreme Court of Indiana shall be notified.

Adopted effective April 11, 1995 Amended September 29, 2004, effective January 1,

2005; amended September 28, 2010, effective January 1, 2011; amended effective

February 1, 2016; amended effective January 1, 2018.