Ind. Elkhart Cnty. Local Rule LR20-AR1-106

106.1. Criminal: Assignment of Criminal Cases

A. Elkhart Circuit Court

• Grand Jury cases

• Murder charges.

• Attempted murder cases, except child victim cases

• Manslaughter cases, except those in which a child is the victim.

• Vehicular homicide cases

• Robbery cases

• Reckless homicide cases

• Fifty percent (50%) of all Level 1, 2, 3, 4 and 5 controlled substance sale

cases.

• Fifty percent (50%) of all Level 1, 2 and 3 possession cases.

• Burglary cases

• Welfare fraud cases

• Forgery cases

• Level 5 felony theft cases

• Arson cases

• Level 5 felony cases, not otherwise specifically assigned to a court pursuant to

this rule.

• Level 6 felonies: Forty percent (40%) not otherwise specifically assigned to a

court pursuant to this rule.

B. Elkhart Superior Court 1. D01

• Rape cases, where the victim is 16 years of age or older.

• Sexual battery cases, where the victim is 16 years of age or older.

• Criminal recklessness cases.

• Felony Public Indecency, Nudity, and Voyeurism (if applicable).

• Level 3,5, and 6 battery cases where the victim is at least 15 years of age or

older.

• Level 6 domestic battery cases.

• Felony Invasion of Privacy cases.

• Domestic Battery misdemeanor cases including those previously filed in the

three city courts.

• Level 3 and 4 felony cases which are not specifically assigned to a court

pursuant to this rule.

• Strangulation cases.

• Stalking cases.

C.

D. Elkhart Superior Court 3. D03

• Child victim cases except Murder.

• Fifty percent (50%) of all Level 1, 2, 3, 4 and 5 controlled substance sale

cases.

• Fifty percent (50%) of all Level 1, 2 and 3 possession cases.

• Kidnapping and Confinement cases

• Level 1 and 2 felony cases which are not specifically assigned to a court

pursuant to this rule.

• Failure to Register as a Sex or Violent Offender all levels.

• Non-Support cases (all levels)

• Sixty percent (60%) of Level 6 felonies: not otherwise assigned to a court

pursuant to this rule.

100% Red Flag (RF) (Criminal)E. Elkhart Superior Court 4. D04

• All cases assigned to the Elkhart County Problem Solving Drug Court.

• Level 6 felony substance abuse and substance abuse related cases, including

Level 4, 5 and 6 possession cases and Level 6 controlled substance sales cases:

not including Level 1, 2, and 3 possession cases and not including Level 1,

2,3, 4 and 5 controlled substance sales cases.

• Level 5 and Level 6 Habitual Traffic Offender (HTV) cases.

F. Traffic and Misdemeanor Court

Traffic and Misdemeanor Division. The Judges of the Circuit and Superior Court shall determine

the judicial officers to assign to the Traffic & Misdemeanor Division. This Division shall be responsible for

the trial and disposition of traffic violations, criminal misdemeanors, infractions, Trials De Novo from the

three City Courts in the County and County ordinance violations. This Division is further responsible for

such classes of violations as may be designated for disposition upon a plea of guilty in a violations bureau.

Cases pending in the Traffic & Misdemeanor Division shall not be deemed assigned to the judge sitting

therein, nor any other Judge, except upon proper motion for change of venue.

106.1.1. Assigning New, Subsequent, And Recharged Cases

A. Subsequent cases

1. Except for cases assigned to the Elkhart County Drug Court, if the defendant in a pending

criminal case is charged with new offenses that carry no greater penalty than the pending charges, the

subsequent charges must be filed in the same court hearing the original case.

2. If a new case carrying greater penalties is filed against the defendant in a pending case,

the original case must be transferred to the court hearing the subsequent case.

3. A pending case is a case that has not yet had a final disposition. In cases that have a final

disposition, and defendant is under a withheld sentence and a new case is filed in a different court

pursuant to the filing order, the court that has the withheld case may transfer the case to the court that has

the new case, and that court shall accept the transfer.

B. Sealing and Expunging Conviction Records- all sealing of records and expunging of convictions

filed under Indiana Code 35-38-9-4 and 35-38- 9-5 shall be filed in the same court as the underlying case. If

more than two underlying cases are being expunged, the petitioner shall pick between the court where one

of the underlying cases originated. If not practicable, then the petitioner shall pick between any Circuit or

Superior court. The sitting judge of a court that no longer hears criminal cases pursuant to this Rule may

transfer the Sealing or Expungement case to a Criminal Division Court. The sitting judge of any court

may assign the case to an appointed judicial officer.

C. Recharged cases – Any pending case that is later re-charged as murder must be transferred to

Circuit Court.

D. All cases in which juvenile court jurisdiction is waived to an adult court shall be filed in a

Criminal Division Court based upon this Rule with the most serious level criminal act alleged to be

determinative.

E. All charges of escape, including Level 5 and Level 6 felonies, shall be filed in the court that

committed the defendant to the facility or community correction program from which the defendant

allegedly escaped except if that court no longer hears criminal cases pursuant to this Rule. Such cases

shall be filed in a Criminal Division Court wherein the committed offense has been transferred. If the

committing offense has not been transferred, then the charge shall be filed in a court that currently hears

that same type of underlying charge.

All charges of failure to appear shall be filed in the court in which the defendant failed to appear

except if that court no longer hears criminal cases pursuant to this Rule, then the charge shall be filed in

the court wherein the underlying case has been transferred. If the underlying case has not been

transferred, then the charge shall be filed in a court that currently hears that same type of underlying

charge.

106.2. Civil And Juvenile: Assignment Of Civil and Juvenile Cases

A. Elkhart Circuit Court

• 30% Plenary (PL)

• 30% Tort (CT)

• 100% Tax Sales (TS)

• 100% Tax Petitions (TP)

• 100% of Discretionary Expungements in which the criminal case originated in

the Circuit Court. (XP-Discretionary)

• 25% of Discretionary Expungements in which the criminal case originated in

a court that no longer hears criminal cases. (XP-Discretionary)

B Elkhart Superior Court 1 D01

• Protection Orders (PO) that are associated with a pending criminal case or a

criminal case under supervision.

• 100% of Discretionary Expungements in which the criminal case originated

in Superior Court 1. (XP-Discretionary)25% of Discretionary Expungements

in which the criminal case originated in a court that no longer hears criminal

cases. (XP-Discretionary)

• No other Civil or Juvenile types of cases

C. Elkhart Superior Court 2 D02

• Commercial Court Eligible Cases (CE)

• 55% Plenary (PL)

• 55% Tort (CT)

• 50% Mental Health

• 100% Mortgage Foreclosure (MF)

• 100% Expungements (XP-Mandatory)

• 100% Estates (ES)

• 100% Estates Unsupervised (EU)

• 100% Estates Miscellaneous (EM)

• 100% Trusts (TR)

• 100% Judicial Review of Administrative Agency Decisions (RA)

• Non-Family-Related Protection Orders (PO), except those filed in Elkhart

Superior Court 1 that are associated with a pending criminal case or a

criminal case under supervision.

• Miscellaneous Civil 100% Except Grandparent Visitations, Name Changes,

Specialized Driving Privileges, Lifetime Rescission Requests, BMV Fee

Waiver

• No other Juvenile or Civil type cases

• 100% Red Flag (RF) (Civil)

D. Elkhart Superior Court 3 D03

• 50% Mental Health

• 100% of Discretionary Expungements in which the criminal case originated

in Superior Court 3. (XP-Discretionary)25% of Discretionary Expungements

in which the criminal case originated in a court that no longer hears criminal

cases. (XP-Discretionary)

• No other Civil or Juvenile case types except Miscellaneous Civil (MI)

involving the Forfeiture or Seizure of Property and Plenary (PL) cases

involving Forfeiture or Seizure of Property

E. Elkhart Superior Court 4 D04

• No Civil or Juvenile Cases Except as follows:

• 100% of Discretionary Expungements in which the criminal case originated

in Superior Court 4. (XP-Discretionary)25% of Discretionary Expungements

in which the criminal case originated in a court that no longer hears criminal

cases. (XP-Discretionary)

• Miscellaneous Civil (MI): as follows allowed: Specialized Driving Privileges,

BMV Fee Waiver Requests, Lifetime Rescission Requests

F. Elkhart Superior Court 5 D05

• 15% Plenary (PL)

• 15% Tort (CT)

• 100% Collections (CC)

• 100% Small Claims (SC) See Section 110.3 below.

• 100% Evictions (EV)

• No other Juvenile or Civil type cases

G. Elkhart Superior Court 6 D06

• 100% Juvenile Paternity (JP)

• 100% Domestic Relations with children (DC)

• 100%Domestic Relations without children (DN)

• 100% Reciprocal Support (RS)

• 100% Adoptions (AD)

• 100% Guardianships (GU)

• Family-Related Protection Orders (PO) except those filed in Elkhart Superior

Court 1 that are associated with a pending criminal case or a criminal case

under supervision

• 100% Juvenile CHINS (JC)

• 100% Juvenile Delinquency (JD)

• 100% Juvenile Status (JS)

• 100% Juvenile Miscellaneous (JM)

• 100% Juvenile Termination (JT)

• 100% Juvenile Protection (JQ)

• 100% Grandparent Visitation (GV)

• Miscellaneous Civil (MI) to include Name Change, Name and Gender

Change, Birth Certificate Correction, and Third-Party Custody.

• No other civil type cases

106.3. Caseload Allocation Plan

Calculated by using the 2024 filings, as this was the best estimate of caseloads, due to the complete

reorganization of our judicial system on January 1, 2024.

Judicial Officer Circuit Superior Superior Superior Superior Superior Superior

1 2 3 4 5 6

Juvenile Magistrate 5.00 days

Traffic and 5.00 days

Misdemeanor

Magistrate

Criminal Magistrate 1.25 .75 days 1.75 days 1.25 days

days

Family Magistrate 5.00 days

Family Referee 5.00 days

Civil/Cross- .25 days .50 days .25 days .50 days .25 days 3 days .25 days

Divisional Magistrate

Total days reported 1.50 1.25 .25 days 2.25 days 6.50 days 3.00 days 15 days

for all additional days days

judicial officers

Have calculated for 1.30 1.25 1.05 1.45 2.30 1.60 4.05

WCL

Need for each court 1.33 1.29 1.03 1.42 2.35 2.10 5.15

Utilization 1.02 1.03 .98 .98 1.02 1.31 1.27

totals