Ind. Elkhart Cnty. Local Rule LR20-AR19-1000

Indiana Administrative Rule 19 requires that “each court shall develop and implement a court security

plan to ensure security in court facilities”. The power to do so is derived in part from Indiana Constitution

Article 3 § 1 and Ind. Const. Art. 7. In addition, Indiana Code § 35-47-11.1-4(5) creates an exception to

the general rule prohibiting a political subdivision from regulating the possession and carrying of firearms,

etc.

The Judges of the Elkhart Circuit and Superior Courts (“the Courts”) have promulgated this local court

rule as required by Ind. Trial Rule 81. It is intended to provide for the orderly operation of the Courts, the

safety of the public, the litigants, the witnesses, and the court staff.

A. Anyone entering the locations listed below (collectively “the courtroom facilities”) must consent

to a search of their person, including any package, briefcase, or purse:

1. the Elkhart County Courthouse.

2. the Elkhart County Probation Department.

3. any other location where a judicial officer of any of the Courts maintains an office.

4. and any other location where a judicial officer conducts court proceedings.

B. All employees that work or do business at the Elkhart County Judicial Center shall enter

through the front, public entrance, and go through security screening during business hours. The

only exceptions to this rule are the following: Judges or anyone authorized by the judges to park in

the secure parking garage; buildings and grounds staff; and court security staff.

B. If a courtroom facility has more than one entrance/exit, the Courts may designate one or more

of the entrances/exits to be used only for restricted purposes.

C. Unless exempt under Paragraph E, below, anyone entering a courtroom facility is prohibited

from having any of the following in his or her possession while in the courtroom facility:

1. a loaded or unloaded firearm; or

2. a weapon, device, taser (as defined in Indiana Code 35-47-8-3) or electronic stun weapon (as

defined by Indiana Code 35-47-8-1), equipment, chemical substance, or other material,

including a knife, razor, box-cutter, and switchblade that in the manner it is used, or could

ordinarily be used, is readily capable of causing serious bodily injury.

D. Anyone refusing to comply with this Order is to be denied entrance to the courtroom facilities.

E. Anyone violating this Order may be found to be in contempt of court and punished for that

contempt pursuant to the inherent power of the Courts and/or pursuant to Indiana Code 34-47,

Indiana Code 34-47-2, and/or Indiana Code 34-47-3.

E. The following individuals are exempt from this order:

1. a law enforcement officer, as defined in Indiana Code 35-31.5-2-185.

2. a judicial officer, as defined in Indiana Code 35-31.5-2-177.7.

3. a probation officer appointed pursuant to Indiana Code 11-13-1-1, who has satisfied all of the

conditions listed in Indiana Code 11-13-1-3.5;

4. an employee of a locally or regionally operated Community Corrections Program, who is

authorized to carry a firearm by his or her supervisor.

5. any other person authorized by a full-time judicial officer of the Courts shall be exempt until

a full-time judicial officer of the Courts withdraws the exemption. The judicial officers are to

promptly provide the Elkhart County Sheriff with a copy of the authorization or the withdrawal

of the authorization.

F. Any person listed in Paragraph 6 SHALL NOT BE EXEMPT whenever they or any member of

their family is a party to any proceeding taking place. This does not include appearing in the individual’s

official capacity.

G. The statutes cited above may change from time to time. This local court rule shall automatically

refer to the relevant statutes in effect at any given time.

This local rule, as adopted, has been placed in the Record of Judgments and Orders in the Office of the

Clerk of the Elkhart Circuit Court.