Ind. Elkhart Cnty. Local Rule LR20-AR00-109

Rule LR20-AR00-109. Organization of the Superior Court

109.1. Divisions

The Elkhart superior court consists of six (6) judges.

(a) Three (3) judges of the Elkhart superior court shall serve in the criminal division. Elkhart

Superior Court 1; Elkhart Superior Court 3; Elkhart Superior Court 4 are the superior courts of the

criminal division. There are two (2) appointed judicial officers assigned to the criminal division.

(b) One (1) judge shall serve in the family division. Elkhart Superior Court 6 is the superior court of

the family division. There are three (3) appointed judicial officers assigned to the family division.

(c) Two (2) judges shall serve in the civil division. Elkhart Superior Court 2 and Elkhart Superior

Court 5 are the superior courts of the civil division. There is one (1) appointed judicial officer assigned to

the civil division.

109.2. Problem-Solving Court

Problem-solving: Drug Court is established in the Elkhart Superior Court 4.

109.3. Misdemeanor and Small Claims Division

There is established, a small claims and misdemeanor division pursuant to Indiana Code § 33-29-2. Traffic

violations, infraction and ordinance violations are heard in the Misdemeanor and Small Claims Division.

The administrative judge, after consultation with the judges of Elkhart superior Courts and the judge of

the Elkhart Circuit Court may assign an appointed judicial officer. Cases in the Misdemeanor and Small

Claims Division shall not be deemed assigned to the judge sitting, nor any other judge, except upon proper

motion for change of venue.

109.4. Magistrate Judges

Magistrate Judges appointed pursuant to Indiana Code § 33-23-5 shall continue in office until removed by

the judges of the Elkhart Superior Court and the Elkhart Circuit Court. Indiana Code § 33-23-5-8.5

provides that a Magistrate Judge has the same powers as a judge except for the mandate of funds. Indiana

Code 33-23-5-8.5.

A. Any Court may, with or without the consent of the parties, assign to a Magistrate or other

appointed judicial officers the responsibility to hear specific currently disputed matters.

B. The Magistrate, or other appointed judicial officers, shall, with reasonable promptness, hear

such matters and shall issue findings and orders as allowed by law.

C. Complaints regarding the timeliness of any disposition shall be made to the referring court.

D. All filings related to any matter referred to a Magistrate, or other appointed judicial officers

must be made to the Clerk of the Court or court staff and forwarded to the Magistrate, or other appointed

judicial officers.

E. No change of venue from a Magistrate, or other appointed judicial officers shall be granted. A

change of venue from the referring court or the appointed judicial officer may be sought under applicable

Trial Rules.

F. Referral of a matter to a Magistrate, or other appointed judicial officers does not operate as an

appointment of a special judge, temporary judge, or a judge pro tempore.

109.5. Appointment of Court Administrator and Administrative Judge

A. The Elkhart Superior Court judges and the Elkhart Circuit Court judge may appoint a Court

Administrator. The Superior and Circuit Court judges must determine the duties of the Court

Administrator.

B. The Superior and Circuit judges shall appoint one of their members, by a majority

determination, as the Administrative Judge for the Superior Courts and the Circuit Court and determine a

term of service for the Administrative Judge.

C. The Administrative Judge shall supervise the Court Administrator.

D. The Administrative Judge shall, from time to time, but at least annually, report and make

recommendations to the Superior Court judges and the Circuit Court judge concerning: an annual budget;

appointments or selections that are required of a superior court or circuit court judge under any statute; and

evaluation of the Court Administrator.

E. The Administrative Judge, after consultation with the judges of the Superior Courts and

Circuit Court, may determine for the efficient operation and conduct of the Superior and Circuit Courts,

the assignment of cases and magistrate judges, including assigning specific cases normally assigned to a

division to a judge or magistrate judge in another division. A judge may be assigned cases in other

divisions. A magistrate judge may be assigned cases in other divisions. Calculations of the various

Weighted Judicial Measures of the courts, judges, magistrate judges or other appointed judicial officers

involved should be considered in any such readjustment and assignment of cases.

F. Any action of the Administrative Judge may be modified by the majority of the Superior

and Circuit Court judges.